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Home My WebLink About2014 08-25 CCP Regular SessionAGENDA CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION August 25, 2014 5:30 P.M. Council Chambers City Hall A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. ACTIVE DISCUSSION ITEMS 5:30 P.M. 1.Inclusion and Diversity Presentation Immediately Following Regular City Council/EDA Meetings Which Start at 7:00 P.M. 2.Amending Sign Ordinance Relating the Setback Requirements for Public Art 3. Funding for BBA Youth Employment Program PENDING LIST FOR FUTURE WORK SESSIONS Later/Ongoing 1.Consideration of Modifying Setback Requirements for Front Porches 2.Sister City Voinjama Visit Update 3. Paperless Agendas Parking Lot Issues 1. Joint Meeting with Charter Commission Work Session Agenda Item N©0 1 MEMORANDUM - COUNCIL WORK SESSION DATE: August 21, 2014 TO: Curt Boganey, City Manager ti0 FROM: Vickie Schleuning, Assistant City Manager/Director SUBJECT: Council Orientation Inclusion & Diversity Initiative Recommendation: It is recommended that the City Council receive orientation as part of the organization's Inclusion & Diversity Initiative. Background: As a result of a City Council Strategic Planning Meeting, the City implemented an Inclusion & Diversity Initiative. A copy of the Values and Strategic Priorities is attached for your convenience. In 2012 the City's Inclusion & Diversity initiative started with an examination of our organization's inclusion and diversity culture. One of the findings was to create a culture of awareness about inclusion and diversity principles and how it can improve the way we do business. Therefore, a comprehensive educational program was implemented for our employees as recommended by the Inclusion and Diversity Learning Team. Inclusion Inc. will present information about the activities that have been completed for the organization, as well as provide a brief orientation for the City Council about inclusion and diversity principles. Policy Issues: How does a culture of inclusion and diversity support our Business Case and the values and goals established by the City Council? Strategic Priorities: e Civic Engagement Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust City of Brooklyn Center Values 8c Strategic Priorities Values Customer Intimacy Our primary value proposition is a commitment to serving each customer with dignity and respect. This requires that we seek to understand the needs of each customer and deliver quality service that will be understood and appreciated. Operational Excellence In addition we will commit ourselves to delivering quality services in a cost effective and efficient manner. We will be good stewards of the limited resources made available to us by the citizens we serve. Strategic Priorities Civic Engagement In order to clearly understand and effectively respond to community needs, the City will consistently seek the input from a broad range of stakeholders from the general public, non- profit and for profit sectors. Efforts to engage the community will be transparent and responsive. Our engagement efforts will be deliberately inclusive and culturally sensitive. Focused Redevelopment Redevelopment and renewal of commercial, industrial and residential property is essential to the health and vitality of the city. The City will lead efforts to maintain and increase the value of private properties and will make the necessary supporting infrastructure investments. We will encourage entrepreneurial investment and make strategic public investments to create jobs and grow the City's tax base. Community Image Our ability to attract and retain citizens and businesses is directly influenced by the perception of the City. We will take specific actions to assure that Brooklyn Center is recognized as a high quality, attractive and safe community. We will accomplish this by providing exceptional customer experience, vibrant neighborhoods and a sense of community thereby attracting private investment. Financial Stability We will maintain a positive financial position with a long term perspective by diversifying revenue sources, aligning fees to adequately reflect service costs, stabilizing property taxes while reducing the City's reliance on State Shared Revenues, and ensuring that revenues are adequate to fund services and infrastructure needs. Vibrant Neighborhoods Neighborhoods will be attractive, safe, inclusive of a diverse housing stock with owner occupied and quality rental properties. Citizens will feel connected to each other and the natural environment will be protected and preserved for the enjoyment of future generations. Work Session Agenda Item No. 2 MEMO NDUM - COUNCIL WO SESSION DATE: August 25, 2014 TO: Curt Boganey, City Manager FROM: Gary Eitel, Director of Business & Development TA SUBJECT: Discussion on Amending the Sign Ordinance Relating to the Residential Setback from Public Art. Recommendation: It is recommended that the City Council consider providing direction to staff regarding public art mural painted on the MnDOT sound wall adjacent to the Earle Brown Elementary School and Grand View Park and the setback provisions from a property zoned for residential use. Background: On August 8, 2011, the City Council discussed a proposal by the Brooklyn Center School District in conjunction with Mentoring Peace Through Art to paint an anti-graffiti art mural on approximately 1400 linear feet of the interior face of the MnDOT Sound Wall adjacent to the Earle Brown Elementary School and Grand View Park. The Council discussed the provisions of the existing sign ordinance; the concepts provided for this art mural project; MnDOTs request for a City Council resolution approving the School District's permit application; MnDOTs requirement that the School District accept the future maintenance responsibilities of the art mural, including any future graffiti cleanup; potential issues associated with the First Amendment (freedom of speech); and amending the sign ordinance to allow public art in public spaces. The consensus of the Council was to continue consideration to allow the City Attorney to review the City's Ordinances and offer an opinion on the Public Art Proposal. Attached for your reference is an exhibit from the PowerPoint Presentation which identified the entire sound wall with the following distances identified: - 1,000 feet adjacent to the Earle Brown Elementary School site 415 feet adjacent to the Grand View Community Park. On August 22, 2011, the City Council reviewed the City Attorney's memorandum which indicated that if the City Council feels that it is in the public interest to allow murals to be displayed as public artwork, an amendment to the Sign Ordinance could be created which would make an exception only for public art murals prepared, created, and maintained by a public entity. The City Council noted the current request is for a mural (public art) on the freeway sound wall by the Earle Brown School and all students would participate in its painting, which would Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust V-ORA1\ DUM COIJNC , WORK SESSION improve the image of the City, create pride for students, parents, and grandparents, and be considered "art" not "signage." The consensus of the City Council was to support the pending mural request and directed the preparation of an ordinance amendment draft that includes the restrictive provisions as recommended by the City Attorney and a distance requirement from residentially zoned properties. Attached for your reference is a copy of the August 22 nd staff memorandum, which included correspondence from Superintendent Keith Lester relating to the partnership with Mentoring Peace Through Art for the painting of the sound wall behind the Earle Brown Elementary School. On September 26, 2011, the City Council approved the first reading of an amendment to Chapter 34, the City's Sign Ordinance that proposed the following changes: O The definition of a sign has been expanded to include any mural, writing, pictorial presentation, number, illustration, decoration, and flag. •The permitted signs not requiring a permit have been expanded to include: 1.The sign must be approved, established, and maintained by the state or federal government or their agencies, the City of Brooklyn Center, a public school district, Hennepin County or Three River Park District. 2.The sign must be located entirely on the property of the state or federal government or their agencies, the City of Brooklyn Center, a public school district, Hennepin County or Three River Park District. 3. The sign must not be visible from a property within 150 feet of the sign that is zoned for residential use. O A new section has been added to relating to sign maintenance which requires that signs shall be kept in good repair and free from faded or peeling paint; rust; damage or rotted supports, framework, or other materials; broken or missing faces or missing letters. On October 24, 2011, the City Council, after conducting a public hearing on this amendment to sign ordinance, approved the second reading of the ordinance amendment and authorized its publication. The effective date of this ordinance amendment was December 3, 2011. It is the staff understands that during 2012 -13 there were ongoing discussion between Mentoring Peace Through Art and MnDOT relating to the permitting process, the condition and repairs to the wall, and paint specifications. During this time period, staff attended a meeting with MnDOT and provided MnDOT with a copy of the sign ordinance amendment relating to Public Art. In early 2014, meetings were held with the new Superintendent of Schools, Mark Bonine, regarding the background of the City Council action on the amending the sign ordinance; the Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust MEMO NDUM - COUNCIL WO SESSION status of the art mural project and confirmation of support by the School Board; and the processing of an application to MnDOT. Attached for your reference is a copy of a March 26, 2014 email to Connie Fullmer, Mentoring Peace Through Art, which included information related to the application process: Aerial photograph identifying the portion of the wall adjacent to the Earle Brown Elementary School that meets the 150 foot setback requirement. A memo on completing the application, relating the August, 2011 City Council Study and Work Session actions, and concluding with a statement: To continue the art work on the wall adjacent to the City's parkland would require the City Council approval; authorization for staff to process an application to MnDOT, and acceptance of the responsibilities and liabilities associated with the future care and maintenance of this art work. Staff understands that the Principal for the Earle Brown Elementary, Jane Ellis, completed the application and that on April 10, 2014 it was emailed to MnDOT. On April 30, 2014, MnDOT approved a permit for miscellaneous work on Trunk Highway Right of Way. Attached is a copy of this permit, which authorized the applicant to paint a mural on the wall and included a condition that if MnDOT needs to cover graffiti on this wall, it will be covered in tan or gray paint, MnDOT will not maintain the colors of the mural. On May 29, 2014, the City received a copy of this permit and forwarded it Connie Fullmer, Mentoring Peace Through Art. On July 30, 2014, it was discovered that the painting of the art mural had extended beyond the limits of MnDOT's permit and included the entire section of the wall adjacent to both the Elementary School and Grand View Park. MnDOT was notified of the expansion of the Art Mural beyond the boundaries of the permit and they requested that the permit be modified to reflect the expanded boundaries and resubmitted for their review and approval. This permit would include the applicant's responsibility to maintain the art mural. On August 15, 2014, Superintendent Mark Bonnie agreed to amend their permit application to include the entire Art Mural painted on MnDOT's sound wall. Additionally, at that time, there was a review of the condition relating to MnDOT's ongoing responsibility to address corrective actions in the event of graffiti. At this time, the issue remaining is the portion of the art mural that is not in compliance with the setback condition established for public art: Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust MEMO NDUM - COUNCIL WO SESSION 3. The sign must not be visible from a property within 150 feet of the sign that is zoned for residential use. Attached is an exhibit which identifies the setback from the edge of the wall to the closest portion of the nearest residential lot to be 125 feet. This is a corner lot at 59 th Ave. N. and Knox Ave. and adjacent to the ramp for the Highway 100 pedestrian bridge. Additionally, for your reference, the closet point for the northern section of the wall to a residential lot is shown at 175 feet. Policy Issue: Does the City Council wish to consider an amendment to the sign ordinance to reduce the setback from public art to a property zoned for residential use from 150 feet to 125 feet? Strategic Priorities: Community Image Mission: Ensuring an attractive, clean, safe, inclusive conununity that enhances the quality of life for all people and preserves the public trust k6-1 k)krzOik 4.2.) co a 0 Y.__. ri --,\ mo u) 0 —P -34 co °S 2 ,O, 0 01=1 d ,c .5 °IFO fm H °E '.0 ■--4 F-rcj W 0 00 0 F= Fd IIY° ./--Th ' ) il N 0 mCA 0 v=1 ,, W w 6 , 0 0 F=100 0bv , 1 W + 4- -? 0 (1) Qi-i- ri w 0 0 .2 41 0n0 ukr) 9 '‘fq0 N 0 W V ,,„1,5' 00 .i r, f(r)17' 0a or. MEMORANDUM - COUNCIL WORK SESSION DATE: August 22, 2011 TO: Curt Boganey, City Manager FROM: Gary Eitel, Director of Business and Development Brian Peters, Police Commander SUBJECT: Continued Discussion on the Public Art Proposal Recommendation: It is recommended that the City Council consider providing direction to staff regarding Public Art Proposal by the Brooklyn Center School District to have an art mural painted on the interior face of the MnDOT Sound Wall adjacent to the Earle Brown Elementary School. Background: On August 8, 2011, the City Council discussed a proposal by the Brooklyn Center School District in conjunction with Mentoring Peace Through Art to paint an anti-graffiti art mural on approximately 1400 linear feet of the interior face of the MnDOT Sound Wall adjacent to the Earle Brown Elementary School and Grandview Park. The Council discussed the provisions of the existing sign ordinance; the proposal to place an art mural on the Hwy. 100 sound wall adjacent to the Earle Brown Elementary School and Grandview Park; the requirements by MnDOT for City approval and future maintenance responsibilities, potential issues associated with the First Amendment (freedom of speech), and discussion on amending the sign ordinance to allow public art in public spaces. . The consensus of the Council was to continue consideration to allow the City Attorney to review the City's Ordinances and offer an opinion on the Public Art Proposal. Attached for your reference is a copy of the August 8 th Work Session staff memorandum and PowerPoint related to this discussion. Amending the Sign Ordinance to Allow Public Art: Enclosed is a copy of the information provided by the City Attorney which comments on the First Amendment (freedom of speech) and how this amendment relates to both signage and the free expression through artwork. The memo indicates that if the Council feels that it is in the public interest to allow murals to be displayed as public artwork, that an amendment to the sign ordinance could be created which would make an exception only for public art murals prepared, created, and maintained by a public entity. The City Attorney does indicate that the Council would be very limited in its ability to regulate the contents of the art and the protection against the display of material that might not be in the -•.. • ___ -• • • • Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust MEMO DUM - COUNCIL WO SESSION public interest would rely on the ability of public bodies proposing the art mural to exercise reasonable judgment in the public art that they display. The example of a sign ordinance amendment provided by the City Attorney included the following provisions: 1.That the art is displayed on property owned and controlled by a political subdivision of the State of Minnesota, 2.That the art is approved and authorized by a political subdivision of the State, 3.That the political subdivision has accepted responsibility for the maintenance of the artwork, 4.That the location of the artwork is limited to locations (the example provided was a distance or view from residential land uses): Public Art Proposal by Brooklyn Center School District: Superintendent. Keith Lester has provided the attached correspondence relating to their proposed application to MnDOT and acknowledgement that the School District would be responsible for the surface maintenance, including removal of any future graffiti. Superintendent Lester has also indicated that the School District will maintain control on this proposed public art project and has indicated that they will not allow anything that doesn't "fit" Earle Brown and the City. Policy Issues: Does the City Council support an amendment to the sign ordinance that would allow the public art with specific provisions? Council Goals: Ongoing: 5. We will improve the image of the City with citizens and those outside of the City's borders Mission: Ensuring an attractive, clean, sttfe conununi0 that enhances the quality of life and preserves the public trust in 0 2 F, 0 0-q-c2 2 g ,...-..?.. I' E O :0 a) 0 C v) 0 0 0 " 'Vs c 0) 4-, 4-, > M 03 • 4- > 0.. . ,.., Z 0- 4e5 0 ;-=`. 2 2 (1) >-. 2 a `5 -a)U) ° 0 'e- -4-. 0. a) 4--' -1-• 0 _0 0 0) -- 70 o -E ,,,c ,...0 -c (c) 0 -,„, _4. (0 a) co ca = o - .7.-1 co 1 aT) " C -0 E ,„ -0 ...... ... 2 0 03 0.o a)c-co .0 .-, 2.c ,:y3 a) " E cl E -E 0 a t 0< a a ) a) E 4- > .-2 -a 41,...) as a) .r.s. 0 ,... 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I sent a copy of the form you gave me ( standard application for Utility or Miscellaneous Work on MnDOT Right of Way) to Mark's office after our meeting. Yesterday I spoke to Tiffany, Mark's executive secretary, to inquire on their processing of the application and to offer any necessary assistance She informed me that the school is on break this week, but would follow up with Supt. Bonine when he returns. Also I have attached two items: * an aerial photo identifying the portion of the wall adjacent to Earle Brown Elementary School that meets the 150 foot setback requirement. * a memo on my review of the application and background information from the 2011 work session discussions with the Council. If you could provide me with the contact person at MnDOT, I will call them to confirm my understanding of the City's role in the permit process now that we have an ordinance allow public art at this location and be in a better position to assist the School District in the processing of the permit application. I am available for the balance of this week, but gone next week (March 31st-April 4th). Thanks, Gary Eitel Director of Business & Development City of Brooklyn Center 763-569-3305 Original Message From: Connie Fullmer [rr_ito:conrnentoringp_e_ace,c)rg] Sent: Tuesday, March 18, 2014 4:58 PM To: Gary Eitel Cc: Mark Bonine Subject: mural on MNDoT sOund wall Gary, The Brooklyn Center School Board voted to proceed with the anti-gang-graffiti mural project. 1 Where are you in filling out the form? What is the next step? Do you need our help? We have secured 30 workers from the City of Minneapolis and need to make plans as to start date. Are there any other departments of the City of Brooklyn Center that want to get involved (parks, etc.)? Thank you, Connie Connie Fullmer Mentoring Peace Through Art 952.935.4717 www.mentoringpeace.org Note: the application that MnDOT provided you was a standard Utility Permit application that I think could easily be responded to as follows: Applicant and their contact information: Brooklyn Center Community Schools, ISD 286, Party performing the work and their contract information: Mentoring Peace Through Art Location of proposed work; east side of the noise abatement wall adjacent to Lot 1, Block 1, Earle Brown ISD 286 located in the N1/2 , NE 1/4 of Section 2, Township 118, Range 23, Hennepin County, Minnesota Nature of Work: Painting of a Public Art Mural (I believe this is the portion of the application that should reference an attachment, a narrative/specification of the paint and how it would be applied to the wall. I believe that you and Jimmy are the only ones qualified to provide this information. Depth of Excavation & Size of Excavation: (not applicable) Work to commence by and completed by: (schedules that you will need to provide) Signature of the Applicant: I believe the applicant is the Brooklyn Center Community Schools, ISD 286 and would be signed by Supt. Mark Bonine Attached special provisions I believe this is where MnDOT will assign to the applicant the responsibility of future maintenance of the wall. Also, I have attached a copy of an aerial photo of the site that illustrates the portion of the noise abatement on the school district's property that exceeds the 150 foot setback from a residential property, as established by the amendment to the sign ordinance. The exhibit does not include the portion of the wall adjacent to Grand View Park (approximately 415 feet as identified on previous PowerPoint presentations). The minutes from the August 8, 2011 and August 22, 2011 City Council Study and Work Sessions related to the request by the School District and Mentoring Peace Through Art to use that portion of the MnDOT noise abatement wall adjacent to Earle Brown Elementary School and specifically indicated that the City would not have any responsibilities or liabilities associated with the art work or wall maintenance. To continue the art work on the wall adjacent to the City's parkland would require the City Council approval; authorization for staff to process an application to MnDOT, and acceptance of the responsibilities and liabilities associated with the future care and maintenance of this art work. 380 Feet19095 Illy of BROOKLYN CENTER Noise Wall Art Limits 4.e • E 'Fr rtcr-rIFFr r -Fil,BFFEr1177-0r= • . PFIPPWATtlii. 1 • -‘•''. i - - - v,,_, • i 1..4.___,f 4 AA • -_.. —7---,-!: --- ,,,,,t;;; 4— -fr-----.71,3—r.rvr 0 /Date of doodled SignatureACuthodzed TSIgnatue 1,111,1/1JI 1111&) .01,—/lNi 11,4,11 11111.811j kla.NI,Dotument Management System 6 MINNESOTA DEPARTMENT OF TRANSPORTATION NlotE$0,,,h.%Di shiCt 14\ 7- Penuit t)-S 11`k o iEl C.S.T / C)APPLICATION FOR INSTALLATION OF UTILITIES OR MISCELLANEOUS WORK ON TRUNK ofr HIGHWAY RIGHT OF WAY "'op 110 (DO NOT COMPLETE THIS SECTION. FOR OFFICE USE ONLY.) ATTACH A SKETCH OF THE PROPOSED WORK AND RELATION TO TRUNK HIGHWA E SUCH SKETCH SHALL BE DRAWN TO SCALE WHEN REQUIRED BY TEE ENGINEER, PRINT OR TYPE APPLICATION, SIGN IN SPACE PROVIDED. SUBMITTO LOCAL OFFICE OF MINNESOTA DEPARTMENT OF TRANSPORTATION. APPLICANT e v_o oKtk r, 17,.sf g Ectrlf, (),--o E-I ewe itt. PARTY PERFORMING WORK -/ InDA LarlgOrK../ Nik.e.)M0 0 P-C ate- I - V\. fAg h TBLEPII ON ' 7 lp LI Sb 15D1 69th PcoeM. Artoritil t e, iht,,sst13D ADDRESS (areal, City, Slate, 71p) TELEPHONE eiS9 -q65 -1-1111 ADDRESS (St/eft, City, State, Zip) I 3 00-h fl)-1,t4} Mr! 6-55 113 LOCATION OF PROPOSED WORK (City(Town stilt))(County) 100 ki 6044M Highway Or NATURE OF WORKP"Lc nucr&t PKI-hiztadi tkcin NUMBER & SIZE OF EXDEPTH OF EXCAVATION BELOW SURFACE (Dhta rice) (N.S.EAY) W SPECIFIC R0 I) INTERSECTION OR LANDMARB miks zgo (i of P (thwAY ma/Marto filyfigi_jifr SURFACE TO DE DISTURBED (Check AppropritteBoxu El Roadway 1:3 Shoulckr 00:matt° MAiturninou Gravel Turf lY fcEhm fLOGIA. tOtftA I atETIIOD OF INSTALLATION/CONSTRUCTIONPam+ ft qtAyit re AVATIO■NS WORK TO START ON OR AFTER oxio, 1/4..1 1,b6g,,j2.2.1 1bar_L_Dat o Awl IS TRAFFIC DETOUR NECESSARY? °Yes pallo (IF YES,112AFFIC CONTROL PLAN IS REQUIRED,) WORK TO BR COMPLETED BY 1, We, the undersigned, herewith accept the terms And conditions of the permit requirements of the Commissioner of Transportation and ARree to fully comply therewith to the satisfaction of theMi»nesoto Department of Transportation, His agreed that no work in connection with thisappllestion will besintieri until the application Is approved and thepermit Issued. It blather understood Mot tills permit is Issued subject to the approval of local city,vilinge or borough nuthorities having Joint supervIslon over maid street or highway and subject to applicant's compliance %Alt the rules and regulations of thellinitesola Environmental Quality Board find any other affeeted governmental agencies. Furthermore, except for negligent acts of theState, Its agents and employees, theapplicant or his/her agentsor contractor shall assume all liability for, and save theState, Its agents and employees, harmless from, any And all claims for damages, actions or causes of action arising out of the work to be done herein sand the continuing usage, constructing, reconstructing, maintaining end using of sold utility/miscellaneous work under (his application and permit for construction. Namo and Title Jane. D-1--is 1 Prilk_c_i Pa (P(int or Typa) /-1-) id /9 Dalf Email address eAlis)broa_eA4+Y. 1/1 s' Signature./f/b ea)a DO NOT WRITE 13ELOW THIS IAN PERMIT NOT VALID UNLESSREARING SIGNATURE AND NUMBER AUTHORIZATION OF PERMIT SEE REVERSE SIDE FOR PERTINENTREGULATIONS AND LIMITATIONS It Is expressly understood that this permit Is conditioned upon replacement or restoration of the trunk idghway to its original condition or to B satisfactory condition, In consideration of the applicant's agreement to comply in nil ravels with the regulations of the Commissioner of Transportation covering such operations, permission Is hereby granted for the ivork to be performed ns described In the above nppileollou, sold work to be performed In accordance with special provisions AS hereby stated: SEE ATTACHED SPECIAL PROVISIONS Dale MI W / Tato Completed By DISTRIBUTION Original to Arta Maintenance Engineer Applicant Subarea Suptwisor Roadway Regulations Supervisor EPOSIT REQUIREMENTS 0 No Dtpos tfe-i-prired Et Deposit Requited in the Amount of$ Dato Deposit Received Deposit to be returned upon setisfactory completion of 111 work. DEPOSIT TYPE Ceshier's Cheek if Csnified Cheek Monty Ordzi # Bond DATE IYORK COMPLETED The dale Wier! Sloe work is completed 'mist be reported la the Meat 14110)0T Roadway Regulations S'upenirotj Page I of 2 STANDARD CONDITIONS OF MISCELLANEOUS WORK PERMIT 1.The permit holder must comply with all applicable laws and regulations, including Worker's Compensation laws. 2.If work to be done lies within a city or platted town, permission must also be obtained from such city or town. 3.Where work on or near the traveled roadway is necessary, proper traffic signs, channelizing devices, warning lights, and barricades shall be erected to protect traffic, employees, and pedestrians. All traffic control devices and methods shall conform to the Minnesota Field Manual on Temporary Traffic Control Zone Layouts, Minnesota Manual on Uniform Traffic Control Devices (MMUTCD), Minnesota Standard Sign Manual, and the appropriate provisions of Standard Specification 1710. 4.Unless adequately protected by a traffic barrier, there shall be no work within the clear zone, nor shall pipe materials, equipment or other objects be stored within the clear zone as determined by the MnDOT and as defined by the latest edition of AASHTO's "Guide for Selecting Locations, and Designing Traffic Barriers". 5.Excavations must be cribbed when necessary, depending upon type of soil, in order to prevent cave-ins. All excavations, trenching and/or jacking and boring pits shall be shored or sloped in accordance with OSHA requirements. 6.No guys, stays, or any structures are to be attached to trees on trunk highway right of way. 7.No poles, anchors, anchor braces, or other construction shall be placed on the roadway shoulder or within the prescribed clear zone. 8.Installation of pipe under concrete or bituminous pavements shall be done by jacking or boring or other approved methods. 9.When open trenching or excavating in existing roadways, all subgrade, base, and surfacing materials shall be replaced with the same type, depth, and density of materials which were removed, unless approved by the Area Maintenance Engineer. 10.All work that involves trenching, backfill, or compaction must be done to MnDOT's Standard Specifications for Construction. Depending on the construction work to be performed, use of one or more of the following specifications may be needed: Excavation and Embankment 2105, Aggregate Base 2211, Aggregate Shouldering 2221, or Structural Excavation and Backfills 2451, Subgrade Preparation 2112. Compaction methods must be approved in advance by the District Permit Office 11.If pavement or roadway is damaged, same shall be restored to a condition as good as or better than the original condition. 12.All pavements shall be replaced in accordance with State specifications. 13.If settlement occurs or excavation caves in so that replaced materials settle (bituminous mat or concrete base), same shall be restored to a condition as good as or better than the original condition. 14.No lugs shall be used on equipment traversing the road which will damage the road surface. 15.No driving onto highway from ditch or driving on shoulders will be permitted where damage will occur. 16.No foreign material such as dirt, gravel, or bituminous material shall be deposited or left on the road during any construction activities. 17.Roadside shall be cleaned to original status upon completion of work. 18.Underground construction must be so constructed as not to harm or unnecessarily destroy the root growth of specimen trees. 19. Cutting and trimming of trees within the right of way and removal of resulting stumps require prior approval of the Area Maintenance Engineer or his authorized representative. 20, If MnDOT shall make any improvements or changes upon, over, under, or along the trunk highway, then and in every case the applicant herein named shall after notice from MnDOT proceed to alter, change, vacate, or remove from trunk highway right of way said works necessary to conform with said changes without cost whatsoever to the State of Minnesota. 21. After work on a project is completed, the permit holder must notify the Area Maintenance Engineer or his authorized representative that such work has been completed and is ready for final inspection and acceptance by MnDOT. MnDOT Form 1723 Standard Conditions of Miscellaneous Work Permit (7-15-2013) Page 2 of 2 M-US-14-62272 C.S. 2755 T.H. 100 Earl Brown Elementary THIS PERMIT IS SUBJECT TO THE FOLLOWING CONDITIONS: The installation authorized in this permit will be inspected by Rick Post, MN/DOT Roadway Regulation Inspector 651-234-7919. The applicant or its contractor will notify Mn/DOT's inspector at least two days prior to starting the installation. Any questions the applicant may have pertaining to Mn/DOT's storm water facilities shall be presented at this time, Mn/DOT's inspector will approve all highway materials prior to placement, and the total installation must meet with his/her satisfaction. There will be no excavation in this permitted work. This permit authorizes the applicant to paint a mural on a wall in TH 100 right of way, near Martin Drive, in the city of Brooklyn Center as shown on applicant's plan sheet(s), If Mn/DOT needs to cover any graffiti on this wall, it will be covered in tan or gray paint. Mn/DOT will not maintain the colors of the mural. Any lane closures shall be approved by this office at 651-234-7919,24 hours prior to the lane closure. The hours of the lane closure shall be determined by this office. The applicant shall provide in-house inspection at all times while working on trunk highway right of way. There will be no interference with traffic in this permitted work. All persons while performing authorized work on Mn/DOT Right of Way shall be required to wear a Mn/DOT approved High Visibility Safety Vest and Soft Cap/Hard Hat. Any authorized night work requires all personnel to wear a Mn/DOT approved full night safety suit (pants and jacket). It shall be the responsibility of the applicant to utilize the "Gopher State One Call" excavation notice system as required under Minnesota Statute Chapter 216D, 48 hours prior to performing any excavation (Phone 651-454-0002 Twin Cities Metro Area or Toll Free 1-800-252-1166). M-US-14-62272 C.S. 2755 T.H. 100 Earl Brown Elementary No material shall be deposited on the traveled roadway. All areas disturbed by the applicant shall be restored with a minimum of 6" of topsoil (according to Mn/DOT Standard Specification 2105 Table 1 Topsoil Borrow), then sodded or seeded. Seed or sod should be the same as/or compatible with the existing turf cover. If the areas are to be seeded, a Mn/DOT seed mixture comparable to the existing turf along with Type I Mulch and Disk Anchoring shall be used according to Mn/DOT Specification 2575. All areas disturbed during construction within State right-of-way shall be restored to original or better condition. The applicant shall perpetuate all existing drainage. The applicant shall relocate and reconstruct the in-place drainage ditch along the highway as necessitated by the construction authorized by this permit. The new ditch shall match the grades and contours of the in-place drainage ditch. Any signing affected by this permit must be immediately installed or reinstalled according to the "Minnesota Manual on Uniform Traffic Control Devices" (MN MUTCD) any questions on signing or striping please contact Wayne Lindblom, 651-366-4371. The applicant is required to preserve all existing survey monuments. If Mn/DOT determines that monuments have been disturbed or destroyed during construction activities, the applicant shall accept full responsibility for all costs incurred in the re-establishment of the monuments. It is expressly understood that this permit is issued subject to the applicant's compliance with the Rules and Regulations of the Minnesota Environmental Quality Board and any other affected Governmental Agencies. All work authorized by this permit and the restoration of the State's right of way shall be satisfactorily completed by 9/1/14. The applicant or his contractor shall notify the permit office at 651-234-7919 for final inspection. Work Session Agenda Item '\ o. 3 MEMORANDUM - COUNCIL WORK SESSION DATE: August 21, 2014 TO: City Council FROM: Curt Boganey, City Manag43 SUBJECT: Brooklyn Bridge Alliance Youth Employment Program Recommendation: It is recommended that the City Council consider providing direction to staff regarding providing funding to support the Youthprise $100,000 matching grant to support the proposed BBA Youth Employment proposal. Background: In July the BBA entered into a Memorandum of Understanding with Youthprise, A Minnesota Nonprofit Corporation to jointly implement a Youth Employment Initiative. (Draft MOU attached). The program that has been designed will address the needs of youth ages 14-19 that live or go to school in Brooklyn Center or Brooklyn Park. The program is designed to provide pre-employment "work readiness" training for many youth and Employment Opportunities for others. (Logic model attached). Ideally we will raise $100,000 to match the Youthprise grant. This amount of funding will reach the maximum number of youth and should fund the program for several years. If less funds are raised the program and the number of students will be adjusted. Each of the BBA members has been asked to assist with the fund raising effort with a goal of identifying funds or donors for at least $10,000. The Mayor, Gary Eitel and I met with the Executive Director a couple weeks ago. We brain stormed ideas and identified several potential local private contributors. The Executive Director has been provided an informal introduction and letters have been sent to these private parties. In some cases the BBA partners have indicated a willingness to make supplemental cash contribution to assist with the effort. The Mayor has expressed an interest in having the City make a contribution to help with the match. The purpose of this work session items is to determine if the City is prepared to make a financial commitment. Policy Issues: Is the City willing to financially commit to helping to match the Youthprise Youth Employment grant? Mission: Ensuring an attractive, clean, safe, inclusive etunnutnity that enhances the quality of life .fin all people and preserves the public trust Memorandum of Understanding Regarding Brooklyn's Campaign for Youth This Memorandum of Understanding (MOU) is entered into effective as of July 17, 2014,0. Youthprise, a Minnesota Nonprofit Corporation, and the Brooklyn Bridge Alliance for iouth, a joint powers organization ("Alliance"). Youthprise and the Alliance are collectively referred to in this MOU as the "Parties." This MOU sets forth certain understandings and agreements with respect to a shared interest between the two entities. Youthprise and the Alliance wish to work together, along with other stakeholders in and around the cities of Brooklyn Park and Brooklyn Center, to support an increase and improvement in out of school time activities available in Brooklyn Park and Brooklyn Center. The Parties have agreed to enter into a collaborative relationship in which Youthprise has agreed to provide certain funding and services to support the work. . The Parties agree as follows: Description of Parties a.Youthprise's mission is to champion learning beyond the classroom so that all Minnesota youth thrive. Youthprise was founded by the McKnight Foundation to increase the quality, accessibility, sustainability and innovation of opportunities for learning beyond the classroom. In partnership with other funders, with youth, and with key stakeholders, Youthprise strives to accelerate leadership and innovation beyond the classroom. Youthprise's core functions include grantmaking/re-granting; policy advocacy; research and evaluation; and capacity building. b.Brooklyn Bridge Alliance for Youth was created in 2013 by a Joint Powers Agreement between the cities of Brooklyn Park and Brooklyn Center, the Anoka- Hennepin School District, Brooklyn Center Schools, Osseo Area Schools, and Robbinsdale Area Schools. The mission of the Alliance is to coordinate a system of high-quality, accessible and fully-resourced opportunities that lead to an increase in high school graduation and pathways to college or career and reductions in young people's experience of violence. The City of Brooklyn Park is the fiscal home for the Alliance. 1 IL Scope of the Agreement This MOU is being entered into by the Parties in order to specifically outline the commitments and responsibilities of the Parties in advancing the purposes of Brooklyn Bridge Alliance for Youth. IR Roles and Responsibilities a.Youthprise has agreed to create an internal restricted fund to support the purposes of the Alliance. This restricted fund shall be known as the Brooklyn's Campaign for Youth ("Fund") and will enable individuals, corporations, and other philanthropic entities to support increased access to afterschool opportunities in the Brooklyns. Youthprise will secure funds from the Alliance as well as the general public to address the following community needs: Expand access to current aligned programs - With this strategy, Youthprise will reach out to partners and organizations who are currently offering programs to youth in the Brooklyns that align with the goals of increasing pathways to career and college, increasing high school graduation rates, and decreasing youth violence. Funds would support programs to increase access and make programs more affordable. Create a new program to fill current gap in programming - Replicate models such as the "Step-Up" program to increase opportunities for youth to participate. This would be a new initiative for the City of Brooklyn Park and funds would support Brooklyn Center schools to increase they work they are already doing in partnership with Minneapolis Community and Technical College, and possibly expand to a new partnership with a community or technical college located in the Brooklyns Youthprise has agreed to match any funds raised for the Fund by October 30, 2014, at a 1:1 ratioy, up to a limit of $100,000. Youthprise has also agreed to administer a competitive grant process among organizations participating in the work of the Alliance, to be paid out of the Fund. The Alliance understands that Youthprise retains full discretion and control over the selection process, and shall act completely independently of the Alliance. b.The Alliance may solicit gifts, contributions and grants to Youthprise, earmarked for the Fund. The choice of funding sources to be approached and the text of all fundraising materials are subject to Youthprise's prior written approval. All 2 grant agreements, pledges, or other commitments with funding sources to support the work via the Fund shall be executed by Youthprise. The Alliance shall notify Youthprise immediately of any change in its legal status, including dissolution, as well as any changes made with regard to the Alliance's Fiscal Agent. IV.Restricted Fund Policy and Variance Power The Parties understand that Youthprise retains full legal ownership of, and discretion and control over, funds contributed to Youthprise for the purposes of the Fund, and will be placed in the Fund until they are expended for the charitable purposes for which the Fund exists in accordance with this MOD. Consistent with FAS ASC 958-605-25-(31-3) (formerly Statement No. 136 issued by the Financial Accounting Standards Board), if, in Youthprise's sole discretion, Youthprise determines that any potential recipient of funds, including the Alliance, cannot perform the charitable activities required by the purposes of the Fund, then Youthprise has the unilateral power to direct use of funds received for purposes of the Fund to a beneficiary capable of fulfilling the purposes of the project. However, Youthprise holds the Fund in charitable trust under the laws of Minnesota, so that uses of the Fund are limited to the Fund's purposes. Because the Fund is held for the purposes for which such funds were given, the Parties intend that its assets are not subject to the claims of any creditor or legal process resulting from activities of Youthprise unrelated to such purposes. V.Performance of Charitable Purposes All of the assets received by Youthprise under the terms of this MOU shall be devoted to the purposes of the Fund, within the tax-exempt purposes of Youthprise. Expenditures for any attempt to influence legislation within the meaning of IRS Section 501(c)(3) shall be subject to limitations imposed by Youthprise. Youthprise shall not use any portion of the assets to participate or intervene in any political campaign on behalf of or in opposition to any candidate for public office, to induce or encourage violations of law or public policy, to cause any private inurement or improper private benefit to occur, nor to take any other action inconsistent with IRC Section 501(c)(3). Youthprise has determined, based on the advice of tax-exempt legal counsel, that the restricted fund is not a donor-advised fund within the meaning of IRC Section 4966(d)(2). 3 The Parties agree that any and all funds distributed under this agreement are restricted for use in accordance with the charitable purposes of the Fund. Any funds that cannot be used for those purposes must be returned to Youthprise. VL Administrative Fee An administrative fee of seven percent of all amounts deposited into the Fund, with the exception of any amounts set aside by Youthprise as a part of the 1:1 match, shall be charged by Youthprise and deducted from the Fund to defray Youthprise's costs of raising money for and administering the Fund, and conducting the competitive grant process. VA Notice All notices, Consents, waivers, and other communications required or permitted by this MOU shall be delivered in writing and shall she deemed given to a party when (a) delivered to the appropriate address by hand or by nationally recognized overnight courier service (costs pre-paid); (b) sent by facsimile or e-mail with confirmation of transmission by the transmitting equipment; or (c) received and rejected by the addressee, if sent by certified mail, return receipt requested, in each case to the following addresses, facsimile numbers, or e-mail addresses and marked to the attention of the person designated below (or to such other address, facsimile number, e-mail address, or person as a Party may designate by notice to the other Party): Youthprise 615 First Avenue Northeast, Minneapolis, MN 55413 Suite 125 Attn: Wokie Weah Fax no.: 612-692-5504 E-mail: wokie@youthprise.org Brooklyn Bridge Alliance for Youth 6150 Summit Drive North, Brooklyn Center, MN 55420 Suite 200 Attn: Rebecca Gilgen Fax no.: E-mail: Rebecca.gilgen@brooklynsallianceforyouth.org VIII. Termination This MOU shall terminate when the objectives of the Fund can no longer reasonably be accomplished by Youthprise. If the objectives of the Fund can still be 4 accomplished but the Parties desire to transfer management of the Fund away from Youthprise, the following understandings shall apply. The Parties may terminate this MOU on 90 days' written notice to the other Party, so long as another organization acceptable to the Parties is found that is tax-exempt under IRC Section 501(c)(3), is not classified as a private foundation under Section 509(a) (a Successor), and that is willing and able to manage the Fund. As used in this Paragraph, "able" shall mean that the Successor has charitable purposes compatible with the purposes of the Fund and has the financial and administrative capacity to competently manage it. The balance of the assets in the Fund, together with any other tangible and intangible assets held and liabilities incurred by Youthprise in connection with the Fund, shall be transferred to Successor at the end of the notice period or any extension of that period, subject to the approval of any third parties that may be required. If no Successor is found, Youthprise may dispose of the Fund's assets and liabilities in any manner consistent with applicable laws. Any party may terminate this MOU, based upon a material breach of this MOU by the other party or parties, by giving 30 days' written notice to the other parties, and any Fund assets and liabilities shall be disposed of at the end of the notice period in a manner consistent with the provisions stated above in this Paragraph. IX. General Provisions a.Nothing in this MOU shall constitute the naming of Alliance as an agent or legal representative of Youthprise for any purpose whatsoever except as specifically and to the extent set forth in this MOU. This MOU shall riot be deemed to create any relationship of agency, partnership, or joint venture between the parties, and the Alliance shall not make such representations to anyone. b.No Party may assign any of its rights or delegate any of its obligations under this MOU without the prior written consent of the other Party. c.No Party shall be liable for any loss or delay resulting from any unforeseeable event, including acts of God, fire, natural disaster, labor stoppage, water shortage or adverse weather conditions, power outages, government shutdown or payment delay, or other causes beyond the control of the Parties. In the event of any of the foregoing, the time for performance shall be equitably and immediately adjusted. d.This MOU supersedes all prior agreements, whether written or oral, between the Parties with respect to its subject matter and constitutes a complete and exclusive statement of the terms of the agreement between the Parties with respect to its subject matter. This MOU may not be amended, supplemented, or 5 otherwise modified except by a written agreement executed by the Parties. The provisions of Sections III-IX shall survive any expiration or termination of this MOU. e.If any provision of this MOU is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of this MOU will remain in full force and effect. Any provision of this MOU held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. f.This MOU shall be governed by and construed in accordance with the laws of the State of Minnesota applicable to agreements made and to be performed entirely within such State. 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(-- a) a. 0.° ,t, .s (.1 c 0 ds. a) ci 20= a) a) 7.) 0. ,..., -o • - o - C \I c NI c <o> 4c 0 C s- . s->- 4, ).- 0) C X E aco 0) (1) 0 c0 m C m0_ .4..1 ca 4-, cc) Lcil 11")• 0 vl- 0 ca* _ * •--• * •-..• CO 4-, CDv) 00_c LI)0 4-, Q)na 4-, v) 2 ("1 (t) ..,.., E.....0 •41,-. eL C V) .....,03 0 -o. _CCL 1 Q.) 4_,0 , =Tu 0 v) 0> 13 c >,CU C L--, L.0 0) 0 a)* > (.■_-_ 0- a) 7.2)-0 a)0 b.()- COUC.-4_, 13 0 0)c N, 0a) (7,0 -0 ° Ft) AGENDA CITY COUNCIL STUDY SESSION August 25, 2014 6:30 p.m. City Council Chambers A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 1.City Council Discussion of Agenda Items and Questions 2.Miscellaneous 3.Discussion of Work Session Agenda Items as Time Permits 4.Adjourn CITY COUNCIL MEETING City of Brooklyn Center August 25, 2014 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. —The Reverend Song Lee 3.Call to Order Regular Business Meeting —The City Council requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 4.Roll Call 5.Pledge of Allegiance 6.Approval of Agenda and Consent Agenda —The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes 1.August 11, 2014— Study/Work Session 2.August 11, 2014 — Regular Session 3. August 15, 2014— Special Session b. Licenses 7.Presentations/Proclamations/Recognitions/Donations —None. 8.Public Hearings —None. 9. Planning Commission Items —None. CITY COUNCIL AGENDA -2- August 25, 2014 10. Council Consideration Items a.Consideration of Type IV 6-Month Provisional Rental License for 5636 Fremont Avenue North Requested Council Action: —Receive staff report. —Motion to open hearing. —Receive testimony from applicant. —Motion to close hearing. —Take action on rental license application and mitigation plan. b.Consideration of Type IV 6-Month Provisional Rental License for 7124 Indiana Avenue North Requested Council Action: —Receive staff report. —Motion to open hearing. —Receive testimony from applicant. —Motion to close hearing. —Take action on rental license application and mitigation plan. c. Resolution Authorizing Approval of the Issuance of a Premises Permit for Brooklyn Park Youth Hockey Association to Conduct Lawful Gambling at Jammin Wings, 2590 Freeway Boulevard, Brooklyn Center Requested Council Action: —Council discuss. —Motion to deny application or adopt resolution. 11. Council Report [The City Council may elect to adjourn to closed Executive Session under the attorney- client privilege to discuss pending litigation — Minn. Stat. § 13D.05, subd. 3 (b)] 12. Adjournment City Council Agenda Item No. 6a MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY/WORK SESSION AUGUST 11, 2014 CITY HALL — COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study/Work Session called to order by Mayor Tim Willson at 6:00 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Finance Director Nate Reinhardt, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, and Mary Mullen, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Kleven requested the following correction to the Regular Session minutes of July 28, 2014: Page 5, third paragraph, first line: Replace "Lila" with "Lyla" Mayor Willson requested the following correction to the Regular Session minutes of July 28, 2014: Page 1, fourth paragraph, last line: Replace "contagious" with "infectious" Councilmember Myszkowski requested the following correction to the Work Session minutes of July 28, 2014: Page 3, ninth paragraph, first line: Replace "Councilmember/Commissioner Myszkowski" with "Mayor/President Willson" Councilmember Lawrence-Anderson requested the following correction to the Work Session minutes of July 28, 2014: Page 3, tenth paragraph, fourth line: Replace "provide recommendations for possible changes" with "go entirely paperless" 08/11/14 -1- DRAFT Councilmember Ryan requested clarification regarding Regular Session Agenda Item 6g, Joint Powers Agreement for the collection of utility charges. City Manager Curt Boganey stated that Minnesota statute related to collection of utility charges requires the adoption of a Joint Powers Agreement between Brooklyn Center and Minneapolis. MISCELLANEOUS Sign Ordinance Discussion Mr. Boganey reviewed a request to consider modifying the current Ordinance governing signage. He stated a resident, Mr. Bumgarner, spoke at a recent Informal Open Forum, and requested that the Ordinance language related to campaign signs be changed to read "Including the State primary in a general election year." He noted Mr. Bumgarner believes the current language is unclear. Mayor Willson stated the City Ordinance clearly states that signs can be put up 60 days before an election, and the State primary is an election. He added he believes the language is clear, and the ordinance should not be changed. It was the majority consensus of the City Council that the Ordinance language pertaining to election signage should not be changed. Budget Work Session Dates Mr. Boganey stated the Budget Work Session on August 6, 2014, was cancelled due to the Ebola public meeting, and on August 18, 2014, Councilmember Myszkowski has a scheduling conflict. He added the meetings can be rescheduled for August 26 or 27, or September 3, 2014. He added the two remaining meetings must be held and the budget adopted before September 15, 2014. It was the majority consensus of the City Council to schedule Budget Work Session meetings on August 27 and September 3, 2014. Inclusion, Inc., Presentation - August 25, 2014 Mr. Boganey stated the City Council is invited to attend a one-hour overview of the City's Inclusion and Diversity initiative. He added this presentation, to be given by Inclusion, Inc., will take place prior to the City Council's Study Session on August 25, 2014. It was the majority consensus of the City Council to attend Inclusion, Inc.'s presentation at 5:30 p.m. on August 25, 2014, prior to the City Council's Study Session meeting. Councilmember Ryan asked whether the September 3, 2014, City Council Budget Work Session meeting will be held at 9:30 a.m. Mr. Boganey stated City staff would provide confirmation of meeting times. Councilmember Myszkowski stated she is unavailable August 16-21 and August 29- September 1, 2014. 08/11/14 -2- DRAFT Councilmember Lawrence-Anderson stated the City Council received an email from a resident who has a conflict with his neighbor on Colfax Avenue North. She added it did not appear that the email went to City staff. Mr. Boganey stated he did receive the email, and City staff is reviewing the situation and action is under consideration. DISCUSSION OF WORK SESSION ITEMS AS TIME PERMITS BC UNIVERSITY Mr. Boganey reviewed the BC University, an educational program for residents to be held in Spring 2015. He added programs like BC University are an effective educational tool through which citizens can become acquainted with local government, visit facilities, and understand the City's goals and plans. He noted there are many benefits to such programs, including citizen engagement, civic education, and community building. Mr. Boganey stated the City will accept applications from residents with a deadline of February 14, 2015. He added only 20 applications will be accepted. He noted specific details of BC University are still being developed. He requested feedback from the City Council with regard to the Council's expectations for the program, selection of participants, and possible participation fees. He stated a $25 tuition fee is recommended by City staff, which would offset program costs, but could be a barrier for some residents. Mayor Willson stated some residents might not be able to afford the fee, but a fee represents a commitment from participants that they will attend. Councilmember Kleven stated $25 is a fair price, and serves as an incentive for people to attend. Councilmember Myszkowski stated $25 is reasonable, and scholarships might be made available. Councilmember Ryan stated he likes the program concept, as it will promote citizen engagement, provide information for residents, and help them understand the functions of City government. He added an expert on Political Science, such as a representative from the Humphrey Institute, could be engaged to address the participants. Mayor Willson stated he likes the program format, with participants moving between different sites in the City. Councilmember Myszkowski stated the tag lines are catchy. Mr. Boganey stated he has the application form ready to be posted on the City's website. Mayor Willson asked how candidates will be selected. Mr. Boganey stated the application form is not lengthy or complicated, and applicants can be selected by the City Council. He added possibly each Councilmember could select their top candidates. 08/11/14 -3- DRAFT Councilmember Myszkowski cautioned that the application process should not be exclusionary. She added some residents may not be able to complete the application, either in writing or online, or express their interest in City government. Mr. Boganey agreed, adding the application indicates that all members of the diverse community are welcome to apply. Councilmember Lawrence-Anderson asked whether a fee amount will go on the application form. She also asked whether Councilmembers can apply. Mr. Boganey stated the application fee will be specified on the application. He added Councilmembers will not be excluded. It was the majority consensus of the City Council to move forward with plans for BC University, Councilmember Lawrence-Anderson stated a feedback survey could be provided for participants to complete after the BC University is over. ADJOURN TO INFORMAL OPEN FORUM WITH CITY COUNCIL Mayor Willson adjourned the Study/Work Session to Informal Open Forum at 6:45 p.m. RECONVENE Mayor Willson reconvened the Study/Work Session at 6:46 p.m. ADJOURNMENT Mayor Willson adjourned the Study/Work Session at 6:47 p.m. 08/11/14 -4- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION AUGUST 11, 2014 CITY HALL — COUNCIL CHAMBERS 1.INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Tim Willson at 6:45 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Finance Director Nate Reinhardt, Director of Business and Development Gary Eitel, Planning and Zoning Specialist Tim Benetti, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney Charlie LeFevere, and Mary Mullen, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. No one wished to address the City Council. Councilmember Kleven moved and Councilmember Myszkowski seconded to close the Informal Open Forum at 6:46 p.m. Motion passed unanimously. 2.INVOCATION Mayor Willson requested a moment of silence for the victims of the Ebola virus epidemic which is ongoing in West Africa. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:00 p.m. 08/11/14 -1- DRAFT 4.ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Finance Director Nate Reinhardt, Director of Business and Development Gary Eitel, Planning and Zoning Specialist Tim Benetti, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney Charlie LeFevere, and Mary Mullen, TimeSaver Off Site Secretarial, Inc. 5.PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councihnember Ryan moved and Councilmember Lawrence-Anderson seconded to approve the Agenda and Consent Agenda, as amended, with amendments to the Regular Session and Work Session minutes of July 28, 2014, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1.July 21, 2014 — Joint Work Session with Financial Commission 2.July 28, 2014— Study Session 3.July 28, 2014— Regular Session 4.July 28, 2014 — Work Session 6b. LICENSES MECHANICAL Blue Ox Heating and Air Comfort Solutions Heating & Cooling Flare Heating and Air Conditioning Legacy Mechanical Services Walker Sign Holdings, Inc. RENTAL INITIAL (TYPE II — two-year license) 5338 Queen Avenue N 2913 69 th Lane N RENEWAL (TYPE III— one-year license) 5528 Humboldt Avenue N 5318 Irving Avenue N 7224 Noble Avenue N 1428 3 rd Street N, Minneapolis 11 1 st Street NW, Osseo 9303 Plymouth Avenue, Golden Valley 114 Thomas Circle #106, Monticello 945 Pierce Butler Route, St. Paul Thanh Oan Jacob Basweti Bruce Goldberg Nathaniel LeChe — Missing CFHC Quoc Ai Nguyen 08/11/14 -2- DRAFT RENEWAL (TYPE II— two-year license) 3701 47 th Avenue N 5207 Xerxes Avenue N 6614 Bryant Avenue N 5943 Colfax Avenue N 3806 Eckberg Drive 1525 Humboldt Place N 1549 Humboldt Place N RENEWAL (TYPE I— three -year license) 4210 Lakebreeze Avenue 1335 67 th Lane N 7211 Camden Avenue N Drew Kabauk Dean Bona Yi Lin/Khai Hong Lim Properties Juliana Koe Jesus Preciado ShoeMiller Properties LLC ShoeMiller Properties LLC James and Bobbie Simons Dennis and Shannon Dane Arthur Bannerman 6c.RESOLUTION NO. 2014-108 CALLING FO A PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS 6d.RESOLUTION NO. 2014-109 APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, CENTENNIAL CIVIC & VETERANS MEMORIAL AMPHITHEATER PROJECT 6e.RESOLUTION NO. 2014-110 CALLING FOR A PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DELINQUENT NUISANCE ABATEMENT COSTS, DELINQUENT ADMINISTRATIVE FINES/CITATIONS, AND DELINQUENT ADMINISTRATIVE VACANT BUILDING REGISTRATIONS 6f.RESOLUTION NO. 2014-111 DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES 6g. CONSIDERATION OF JOINT POWERS AGREEMENT WITH THE CITY OF MINNEAPOLIS TO PROVIDE ADDITIONAL REMEDIES FOR THE COLLECTION OF UTILITY CHARGES Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. RESOLUTION NO. 2014-112 EXPRESSING RECOGNITION AND APPRECIATION OF MARK HARTFIEL FOR OVER 32 YEARS OF DEDICATED SERVICE TO THE CITY OF BROOKLYN CENTER 08/11/14 -3- DRAFT Mayor Willson read in full a Resolution expressing recognition and appreciation of Mark Hartfiel, who began his employment with the City of Brooklyn Center on June 1, 1982, and who will retire on August 14, 2014, after more than 32 years of service. City Manager Curt Boganey expressed his appreciation of and gratitude to Mark Hartfiel, who has played an integral role in the success of the City's Public Works Department. Councilmember Kleven moved and Councilmember Myszkowski seconded to adopt RESOLUTION NO. 2014-112 Expressing Recognition and Appreciation of Mark Hartfiel for Over 32 Years of Dedicated Service to the City of Brooklyn Center. Motion passed unanimously. 8.PUBLIC HEARINGS 8a. ORDINANCE NO. 2014-07 AMENDING ORDINANCE NO. 2012-04 REGARDING COUNCIL SALARIES FOR 2015-2016 City Manager Curt Boganey introduced the item, discussed the history, and stated the purpose of the proposed ordinance. He added the Financial Commission has recommended adoption of this ordinance related to Council salaries for 2015-2016. Councilmember Ryan moved and Councilmember Myszkowski seconded to open the Public Hearing. Motion passed unanimously. There were no comments. Councilmember Lawrence-Anderson moved and Councilmember Kleven seconded to close the Public Hearing. Motion passed unanimously. Councilmember Myszkowski moved and Councilmember Ryan seconded to adopt ORDINANCE NO. 2014-07 Amending Ordinance No. 2012-04 Regarding Council Salaries for 2015-2016. Motion passed unanimously. 9.PLANNING COMMISSION ITEMS 9a. PLANNING COMMISSION APPLICATION NO. 2014-013 SUBMITTED BY TWO RIVERS INVESTMENT, INC., FOR A SPECIAL USE PERMIT TO CONVERT AN EXISTING GASOLINE SERVICE AND AUTOMOBILE REPAIR STATION INTO A NEW CONVENIENCE RETAIL FOOD STORE WITH FUEL 08/11/14 -4- DRAFT SERVICES IN THE C2 (COMMERCE) DISTRICT, LOCATED AT 6840 HUMBOLDT AVENUE NORTH Planning and Zoning Specialist Tim Benetti provided an overview of Planning Commission Application No. 2014-013 and advised the Planning Commission recommended approval of the application at its July 28, 2014, meeting. Mr. Benetti stated that City staff requested that the applicant consider removing parking spaces to provide for access to and exit from the parking lot, and the applicant agreed. He added, however, the applicant has not agreed to closing off access to the site from Humboldt Avenue. He noted the 2013 Comprehensive Plan supports limited access near sign and signal interchanges. Mayor Willson stated the applicant has not submitted a green space plan which is a requirement of the application process. He noted safety issues related to space and access should be addressed at this time, and he agrees that both access points off Humboldt Avenue North should be closed. Mr. Benetti stated the applicant was not present at the Public Hearing for this application, and has not submitted comments to City staff regarding the Commission's recommendations. He noted the Planning Commission recommends approval of the application, with conditions regarding the closure of access off Humboldt Avenue as well as submission of a landscaping plan. Councilmember Myszkowski stated the Humboldt Square shopping area is in need of exterior improvements. She added she was disappointed when she learned that the applicant did not intend to improve the building's exterior. She questioned the feasibility of another food store in this neighborhood, which already has a variety of ethnic grocery stores. Councilmember Myszkowski stated the City has made the improvement of its image a major area of focus, and the location of this property is a gateway for the City. She added that the applicant has an opportunity to do something meaningful in terms of community development, but there appears to be a lack of commitment on their part. She noted she is not ready to approve this application. Councilmember Kleven requested clarification regarding the propane tank storage container on the site near the building. She added that area is unkempt, with weeds and cracked asphalt. Mr. Benetti stated a "knee wall" in that location was constructed as a trash enclosure, but the new owner will remove it and the propane tanks will be moved to a different location. Councilmember Lawrence-Anderson expressed her concern that there are no proposed aesthetic improvements to the site, and also with regard to the absence of the applicant and their lack of attention to the process. She added she is not ready to approve the request. Councilmember Ryan asked whether the applicant agreed to provide a plan for aesthetic improvements to the site. Mr. Benetti stated that City staff requested exterior modifications, but 08/11/14 -5- DRAFT the owners indicated that they do not intend to complete exterior improvements. He stated the item should be tabled if the City Council wishes to give the applicant an opportunity to respond to their requests. Mayor Willson expressed his concern at the applicant's absence. He added he would support tabling the issue and providing a 60-day extension for the applicant to address the concerns of the City Council. Councilmember Kleven stated she would like to see building plans for the proposed food store. Mayor Willson moved and Councilmember Ryan seconded to table the Special Use Permit application for an additional 60 days, to allow the applicant to address the concerns of the City Council with regard to the site and building plan, and to instruct City staff to prepare findings for denial. Motion passed unanimously. Councilmember Myszkowski asked whether the applicant is required to attend the Public Hearing. Mr. Boganey stated the Public Hearing is required by law, but attendance is not mandatory. Mr. Benetti stated the Public Hearing notice indicates that the applicant must be present, but it is not required by City Ordinance. Councilmember Ryan stated closing the access points on Humboldt Avenue will decrease safety on the site, and he does not support the recommendation of the Planning Commission. Mr. LeFevere stated closure of north access to the site off Humboldt Avenue will also create safety issues as semi-trucks will have to back up to leave the site. He added, however, approval with conditions will give the applicant the opportunity to meet the requirements of the Planning Commission and City Council. He noted the Special Use Permit is for a use that will reduce the amount of traffic on the site. Councilmember Ryan moved and Councilmember Myszkowski seconded to rescind the 60-day extension of Special Use Permit application process. Motion passed unanimously. 1. RESOLUTION NO. 2014-113 REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2014-013 SUBMITTED BY TWO RIVERS INVESTMENT, INC., FOR A SPECIAL USE PERMIT TO CONVERT AN EXISTING GASOLINE SERVICE AND AUTOMOBILE REPAIR STATION INTO A NEW CONVENIENCE RETAIL FOOD STORE WITH FUEL SERVICES IN THE C2 (COMMERCE) DISTRICT, LOCATED AT 6840 HUMBOLDT AVENUE NORTH 08/11/14 -6- DRAFT Mayor Willson moved and Councilmember Myszkowski seconded to adopt RESOLUTION NO. 2014-113 Regarding the Disposition of Planning Commission Application No. 2014-013 Submitted by Two Rivers Investment, Inc., for a Special Use Permit to Convert an Existing Gasoline Service and Automobile Repair Station into a New Convenience Retail Food Store with Fuel Services in the C2 (Commerce) District, Located at 6840 Humboldt Avenue North. Councilmember Ryan voted against the same. Motion passed. 9b. PLANNING COMMISSION APPLICATION NO. 2014-014 SUBMITTED BY THE CITY OF BROOKLYN CENTER FOR SITE AND BUILDING PLAN APPROVAL OF THE NEW CENTENNIAL CIVIC AND VETERANS MEMORIAL AMPHITHEATER LOCATED AT 6301 SHINGLE CREEK PARKWAY. Mr. Benetti provided an overview of Planning Commission Application No. 2014-014 and advised the Planning Commission recommended approval of the application at its July 28, 2014, meeting. Committee members Dr. Duane Orn and Myrna Kragness Kauth commented on the Amphitheater design and recommended the City Council's approval of the site and building plan. Councilmember Ryan thanked the Committee for their fundraising efforts, without which construction of the Amphitheater would not have been possible. He added a majority of the funds were provided by private corporate donations. Mayor Willson expressed his appreciation of the volunteer Commissioners and their hard work over the past few years in bringing this project to completion. Councilmember Lawrence-Anderson requested that the City Council be notified when ground- breaking for the Amphitheater construction is to take place. 1. RESOLUTION NO. 2014-114 REGARDING THE DISPOSITION OF • PLANNING COMMISSION APPLICATION NO. 2014-014 SUBMITTED BY THE CITY OF BROOKLYN CENTER FOR SITE AND BUILDING PLAN APPROVAL OF THE NEW CENTENNIAL CIVIC AND VETERANS MEMORIAL AMPHITHEATER (6301 SHINGLE CREEK PARKWAY) Councilmember Myszkowski moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2014-114 Regarding the Disposition of Planning Commission Application No. 2014-014 Submitted by the City of Brooklyn Center for Site and Building Plan Approval of the New Centennial Civic and Veterans Memorial Amphitheater (6301 Shingle Creek Parkway). Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 08/11/14 -7 - DRAFT 10a.MAYORAL APPOINTMENT OF MEMBER TO SERVE ON HOUSING COMMISSION Councilmember Kleven moved and Councilmember Lawrence-Anderson seconded to ratify Mayoral appointment of Mark Goodell, 1512 Woodbine Lane, to serve on the Housing Commission with a term to expire December 31, 2014. Motion passed unanimously. 10b.CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 7200 DALLAS ROAD Mayor Willson polled the audience and asked whether anyone was in attendance to provide testimony on this rental license. Seeing no one coming forward, Mayor Willson called for a motion. Councilmember Ryan moved and Councilmember Myszkowski seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 7200 Dallas Road, with the requirement that the mitigation plan and all applicable ordinances must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. 10c.CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 507 69 TH AVENUE NORTH Mayor Willson polled the audience and asked whether anyone was in attendance to provide testimony on this rental license. Seeing no one coming forward, Mayor Willson called for a motion. Councilmember Lawrence-Anderson moved and Councilmember Ryan seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 507 69 th Avenue North, with the requirement that the mitigation plan and all applicable ordinances must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. 10d.CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 6015 ALDRICH AVENUE NORTH Mayor Willson polled the audience and asked whether anyone was in attendance to provide testimony on this rental license. Seeing no one coming forward, Mayor Willson called for a motion. 08/11/14 -8- DRAFT Councilmember Kleven moved and Councilmember Lawrence-Anderson seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 6015 Aldrich Avenue North, with the requirement that the mitigation plan and all applicable ordinances must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. 10e.CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 5439 COLFAX AVENUE NORTH Mayor Willson polled the audience and asked whether anyone was in attendance to provide testimony on this rental license. Seeing no one coming forward, Mayor Willson called for a motion. Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 5439 Colfax Avenue North, with the requirement that the mitigation plan and all applicable ordinances must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. 10f.CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 7212 WILLOW LANE Mayor Willson polled the audience and asked whether anyone was in attendance to provide testimony on this rental license. Seeing no one coming forward, Mayor Willson called for a motion. Councilmember Kleven moved and Councilmember Myszkowski seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 7212 Willow Lane, with the requirement that the mitigation plan and all applicable ordinances must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. 10g. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 3901 BURQUEST LANE Mayor Willson polled the audience and asked whether anyone was in attendance to provide testimony on this rental license. Seeing no one coming forward, Mayor Willson called for a motion. 1. RESOLUTION NO. 2014-115 APPROVING A TYPE IV RENTAL LICENSE FOR 3901 BURQUEST LANE 08/11/14 -9- DRAFT Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2014-115 approving the issuance of a Type IV six-month provisional rental license and mitigation plan for 3901 Burquest Lane, with the requirement that the mitigation plan and all applicable ordinances must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: •August 4, 2014, National Night Out Kick-Off Party in Centennial Park •August 5, 2014, National Night Out; visited neighborhood parties in "ride along" with Commander Tim Gannon •August 6, 2014, Informational meeting on Ebola virus, presented by Minnesota Department of Health and Fire Chief Lee Gatlin •August 12, 2014, Primary Election - polls open from 7:00 a.m. to 8:00 p.m. Councilmember Kleven reported on her attendance at the following and provided information on the following upcoming events: •July 31, 2014, Planning Commission meeting •August 4, 2014, National Night Out Kick-Off Party in Centennial Park •August 5, 2014, National Night Out; visited neighborhood parties in "ride along" with Sergeant Frank Roth •August 6, 2014, Informational meeting on Ebola virus, presented by Minnesota Department of Health and Fire Chief Lee Gatlin •August 7, 2014, delivered Book Sale fliers to local businesses and sorted books •August 11, 2014, visited Brooklyn Center Transit Center along with representatives of the City, Met Council and Metro Transit •Jimmy John's Sandwich Shop is moving into Shingle Creek Crossing with a drive-through. North Memorial Clinic will open at 5615 Xerxes Avenue North on August 19, 2014. •Don't forget to vote on August 12, 2014. Councilmember Myszkowski reported on her attendance at the following and provided information on the following upcoming events: •July 29, 2014, attended Brooklyns Alliance for Youth meeting; Youth Employment Initiative fundraiser carwash will be held August 15-17, 2014, at Zanewood Recreation Center and August 22-24, 2014, at Brooklyn Park Community Activity Center (2:30-4:30pm on Fridays and Saturdays; Sundays are 12:00 to 2:00 p.m.). Carwashes are free but donations are welcome. •August 4, 2014, National Night Out Kick-Off Party in Centennial Park •August 5, 2014, National Night Out; attended her own neighborhood party, which had its largest turnout in a decade 08/11/14 -10- DRAFT •August 6, 2014, Informational meeting on Ebola virus, presented by Minnesota Department of Health and Fire Chief Lee Gatlin Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: •August 4, 2014, National Night Out Kick-Off Party in Centennial Park •August 5, 2014, National Night Out; attended neighborhood parties in "ride along" with Commander Tony Gruenig •August 6, 2014, Informational meeting on Ebola virus, presented by Minnesota Department of Health and Fire Chief Lee Gatlin •Get out and vote on August 12, 2014. Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: •August 4, 2014, National Night Out Kick-Off Party in Centennial Park •August 5, 2014, National Night Out; attended neighborhood parties in "ride along" with Police Chief Kevin Benner and City Manager Curt Boganey •August 6, 2014, North Metro Mayors Association meeting at City Hall •August 6, 2014, Informational meeting on Ebola virus, presented by Minnesota Department of Health and Fire Chief Lee Gatlin •August 6, 2014, meeting with Myron Orfield, University of Minnesota (confidential information included in the Council packet) •August 7, 2014, meeting with Rebecca Gilgen, Executive Director of Brooklyns Alliance for Youth, regarding fundraising efforts to support the Youth Employment Initiative •August 9, 2014, Hmong community celebration honoring Captain Wao Tai Yang •August 13, 2014, CSI Safety Academy Graduation at 5:30 p.m. at Constitution Hall •August 15, 2014, City Council Canvass Returns of Primary Municipal Election 12. ADJOURNMENT Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded adjournment of the City Council meeting at 8:45 p.m. Motion passed unanimously. 08/11/14 -11- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA SPECIAL SESSION AUGUST 15, 2014 CITY HALL 1.CALL TO ORDER The Brooklyn Center City Council met in Special Session as an election canvass board called to order by Mayor Tim Willson at 5:00 p.m. 2.ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present was City Clerk Sharon Knutson. 3.CANVASS OF ELECTION RETURNS 3a. RESOLUTION NO. 2014-116 REGARDING CANVASS OF AUGUST 12, 2014, MUNICIPAL PRIMARY ELECTION The Brooklyn Center City Council proceeded to canvass the City election returns from all City precincts, reporting ballots cast in the City of Brooklyn Center contest as follows: Office of Mayor Ballot Count Tim Willson 801 Mike Elliott 409 Robert Marvin 285 Office of Council Member Ballot Count Dan Ryan 915 Randy Christensen 489 April Graves 448 Ned Storla 248 Jeremiah Sandahl 216 Councilmember Myszkowski moved and Councilmember Kris Lawrence-Anderson seconded to adopt RESOLUTION NO. 2014-116 Regarding Canvass of August 12, 2014, Municipal Primary Election. Motion passed unanimously. 4.ADJOURNMENT Councilmember Ryan moved and Councilmember Myszkowski seconded adjournment of the Special Session at 5:01 p.m. Motion passed unanimously. 08/15/14 -1- City Council Agenda -tem N©0 6b COUNCIL ITEM MEMORANDUM DATE: August 19, 2014 TO: Curt Boganey, City Manager FROM: Maria Rosenbaum, Deputy City Clerk SUBJECT: Licenses for City Council Approval Recommendation: It is recommended that the City Council consider approval of the following licenses on August 25, 2014. Background: The following businesses/persons have applied for City licenses as noted. Each business/person has fulfilled the requirements of the City Ordinance governing respective licenses, submitted appropriate applications, and paid proper fees. Applicants for rental dwelling licenses are in compliance with Chapter 12 of the City Code of Ordinances, unless comments are noted below the property address on the attached rental report. LIQUOR — ON-SALE BREWER TAPROOM AND SUNDAY Surly Brewing Company 4811 Dushaime Drive MECHANICAL Henderson Heating and A/C LLC Kraft Mechanical Linn Star Transfer, Inc. Nasseff Mechanical Nice Neat Plumbing, LLC Royalton Heating and Cooling RENTAL See attached report. SIGN HANGERS Install This Sign & Awing Co. 3515 Dakota Avenue, Woodbury 2441 Ventura Drive, Woodbury 9440 Wright Bros Ct, Cedar Rapids, Iowa 122 S Wabasha Street, St. Paul 2227 NE 6 th Street Minneapolis 4120 85 th Avenue N, Brooklyn Park 4835 Lyndale Avenue N., Minneapolis . - Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust 0-11-2 unitsType I — 3 Year 3+ units 0-0.75 Property Code and Nuisance Violations Criteria License Category (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit Type 11-2 Year 1-2 units 3+ units Greater than 1 but not more than 4 Greater than 0.75 but not more than 1.5 Type III — 1 Year 1-2 units 3+ units Greater than 4 but not more than 8 Greater than 1.5 but not more than 3 Type IV —6 Months 1-2 units 3+ units Greater than 8 Greater than 3• Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) License Category Number of Units No Category Impact Decrease 1 Category 1-2 3-4 units 5 or more units 1-2 3-4 units 0-1 0-0.25 0-0.35 Greater than 1 but not more than 3 Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 Categories 1-2 3-4 units Greater than 3 Greater than 1 5 or more units Greater than 0.50 COUNCIL ITEM MEMO NDUMA Rental License Category Criteria Policy — Adopted by City Council 03-08-10 Budget Issues: There are no budget issues to consider. 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(1) Ctn ,_.- U1._ a)s_co cu 1._u LA CO CC UII Q) V) L.) c a))...LL = coL) * :** * < City Council Agenda Item No. 10a COUNCIL ITEM MEMORANDUM DATE: August 25, 2014 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 5636 Fremont Ave N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan and issuance of a Type IV 6-Month Provisional Rental License for 5636 Fremont Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a single family property. The previous rental license was a Type I, rental license. This property qualifies for a Type IV provisional rental license based on 37 property code violations found during the initial rental license inspection and zero validated police incidents/nuisance calls for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 02-27-2014 03-18-2014 04-15-2014 05-27-2014 05-27-2014 The Owner, Samer Alamy, applied for renewal of the rental dwelling license for 5636 Fremont Ave N, a single family dwelling. The initial rental inspection that was scheduled for 04-01-14 was rescheduled at the owners request to allow more time for repairs. A rental inspection was conducted. 37 property code violations were cited, see attached rental criteria. A second rental inspection was conducted and failed. The owner was notified that a $100 reinspection fee would be due for the next inspection. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 05-31-2014 06-10-2014 06-17-2014 06-24-2014 08-11-2014 08-25-2014 The previous rental license expired. The $100 reinspection fee was paid. A third inspection was conducted and passed. A Mitigation Plan was submitted. The Mitigation Plan was finalized. A letter was sent to the owner notifying that the hearing before the Council will be held August 25, 2014. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also Mission: Ensuring an attractive, clean, safe, inclusive conununiO that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy — Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL EM MEMORANDUM 0 At least 75% of units will be inspected for properties with 15 or less units. 0 At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit Type I — 3 Year 1-2 units 0-1 3+ units 0-0.75 Type II — 2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not rnore than 1.5 Type III — 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not niore than 3 Type IV — 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category Impact 1-2 0-1 3-4 units 0-025 5 or more units 0-0.35 Decrease 1 Category 1-2 Greater than 1 but not more than 3 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 Categories 1-2 Greater than 3 3-4 units Greater than 1 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: • Vibrant Neighborhoods Attachment - Mitigation Plan Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust I City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-2199 fill 2 4 2014 Phone: 763-569-3300 TTY 711 Fox: 763-569-3360 WW W. cityofbrooklyn cen ter.org Rental License Mitigation Plan —Type IV Rental License Handwritten plans will not be accepted. Please type or use fillable form on City website. .ei 'on ro .e '. O'fitiatitili. ProPert3i Address:5636 'Frehiont ave a °Nrier NeTri:HNA .PROP'EIRTIES 'INC• : • . 7 ,.. . , . Local A gent:MELI8A MAW(_. ,`.. ,.., : Owner Address::. . . 4930.PEN5IiIE PAS13 NE, COLUMMA NEIGHTS MN 55421 — Agent Address: . SAM E Owner Phone:763:539-6666 Agent Phone:763-634-2085 Owner 1"1:n1"il:SiNMER_ALAMY@HOTMAIL.COM Agent Entail:FINAPIROPS@GMMCOM ketitail,icense:, , I I'New' I TteneWal: Current. *Pending (Six months License Expiration Date: 5 /1 /2O14 - Type IV License Exp. Date: i i IliP I ty 'kr - liiiin current license expiration) Based on property conditions and/or validated police nuisance incidents, the above referenced property qualifies for a Type IV Rental License. Before your license application can be considered by the City Council, a Mitigation Plan must be completed and reviewed by City staff. A fully completed Mitigation Plan must be submitted immediately to ensure timely completion of the license application process. The Mitigation Plan should indicate the steps being taken to correct identified violations and the measures that will be taken to ensure ongoing compliance with City Ordinances and applicable Codes. The Mitigation Plan provides an opportunity to review property concerns and identify possible solutions to improve the overall conditions and management of the property. NOTICE: Time is Running Out--You must TAKE ACTION NOW in order to meet all the city ordinance and Mitigation Plan requirements within this *pending license period and avoid legal actions. 0 0 '''' 1" 0,40,0re 0:0001e0 S:::1 . .' Submit the following documents with the Mitigation Plan for approval: I v 1 1 Crime Free Housing Program Training Certificate (if completed, if not completed, please include scheduled date in Section C., II V 1 Copy of Lease including Minnesota Crime Free Housing Lease AddendumiVI 3. Submit written report by 10 1h of each month (after license approval). Witi _ :me re.e_ThinAityLgtxt tni.ftetittiHinèn ,- - ,,,,81 a! V I. Use written lease including Crime Free Housing Lease Addendum.I V 2. Conduct criminal background check for all prospective tenants. Provide documentation to City if requested. I 3 Pursue the eviction of tenants who violate the terms of the lease or any addcndums. Page 1 Type IV Mitigation Plan Rev 11 -16-11 v IPhase III I will attend a minimum of 50% of the ARM meetings (two). I will attend the ARM meetings scheduled for: 911112014 H' I I will have no repeat code violations previously documented within the past yerr. I I I will conduct resident training annually that includes crime prevention techniques. I will hold regular resident meetings. 4. Attend City approved eight hour Crime Free Housing course. Date Course Completed: 3/1012011 or Date Course Scheduled: Phase II V I Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department. I-4C+ IVICorsdy_ 6s2c—I2v 6o; I 7 /2, l/P1 Date Scheduled: 46 12-11,1 1 ck.m. Improvements to be completed by: :-3_1&42cia__&e Do these two meeting dates occur before the *Pending Type lVLicense expiration date? Eli Yes n No (*See Section A) If no, you will only be able to qualify for a Type IV Rental License upon renewal. For properties with four or more units: & 11/13/2014 S et titiff:.' Based on condition and an, estimated replacement dates are provided for common capital items. Funding should be considered accordingly. however, items broken, worn or otherwise in violation prior to the estimated replacement date will reouire earlier corrections. Date Last Replaced Estimated Replacement Date-Furnace/AC-2009 Water Heater-7 Kitchen Appliances-2009 2014 Laundry Appliances-2009 2014 Exterior -Paint/Siding, fascia, trim 2014 FASCIA SOFFIT 8/2014 HOUSE AND TRIM -Windows 2009 -Roof 2014 -Fence NOT SURE BUT GOOD -Shed NONE -Garage GOOD-Driveway NOT SURE-Sidewalks NONE Smoke Alarms & Carbon Monoxide Alarms 512014 2-‘71% AI- Other(s)s ectio StèUEithTvc ent :arid C6iidiiiiii6iif-Peeitiet Implementing the following best practices may assist in the management of your property. By checking the boxes below, you agree to: V I. Check in with tenants every 30 days.IIv I 2. Drive by property to check for violations twice a month. Page 2 Type IV Mitigation Plan Rev 11-16-11 Alm:6 Ffikimil WAN -V/1,4- er. Buildi Community Standards Department/Titre VW)/Date 0/7/8 Date i'or City iiNc-Miti.lf io iNpo riivod By: ef-S lice Department / Title 3 Evict tenants in violation of the lease and all addendums.H • Provide lawn/snow service. 5. Provide garbage service, 6.Install security system. 7.Provide maintenance service plan for appliances. Name of service co.: HSP 8.I am and will remain current on payment of utility fees, taxes, assessments, fines, penalties and other financial claims due to the City. 9.Other(s): Please read thoroughly: If the Type IV Rental License is approved by the City Council, the Licensee must comply with the approved Mitigation Plan and all applicable city codes. No later than the 10 th of each calendar month, the licensee must submit to the Building and Community Standards Department a written report describing all steps taken to comply with the Mitigation Plan. I verify that all information provided above is true and accurate. I understand that if I do not comply with an approved Mitigation Plan, comply with all applicable ordinances within the license period, or operate beyond the license expiration date; enforcement actions such as citations, formal complaint or license review may result. MELISSA ALAMY -PROPERTY MANAGER Owner or Agent Name and Title (Please Prin( 7/22/2014 Owner or A ent Signature Date Additional Owner or Agent Name and Title (if applicable) (Please Print) Additional Owner or Agent Signature (([applicable) Date Page 3 Type IV Mitigation Plan Rev 1146-11 City Council Agenda Item No. 1013 COUNCIL ITEM MEMORANDUM DATE: August 25, 2014 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 7124 Indiana Ave N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan and issuance of a Type IV 6-Month Provisional Rental License for 7124 Indiana Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a single family property. The previous rental license was a Type I Rental License. This property qualifies for a Type IV Provisional Rental License based on 10 property code violations found during the initial rental license inspection and zero validated police incidents/nuisance calls for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked with the property, owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 03-31-2014 The previous rental license expired. 04-10-2014 The Owner, Weyu Ademo Bekuto, applied for renewal of the rental dwelling license for 7124 Indiana Ave N, a single family dwelling. 04-23-2014 An initial rental inspection was conducted. 10 property code violations were cited, see attached rental criteria. 05-30-2014 A second rental inspection was conducted and passed. 06-23-2014 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental Mission: Ensuring an attractive, clean, safe, inclusive conununiO, that enhances the pall°, of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 07-18-2014 A Mitigation Plan was submitted. 07-30-2014 The Mitigation Plan was finalized. 08-15-2014 A letter was sent to the owner notifying that the hearing before the Council will be held August 25, 2014. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy — Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust License Category (Based on Property Code Only) Type I — 3 Year Number of Units 1-2 units 3+ units Property Code Violations per Inspected Unit 0-1 0-0.75 1-2 units 3+ units 1-2 units 3+ units Greater than 1 but not more than 4 Greater than 0.75 but not more than 1.5 Greiter iIwi 4 but not more than 8 Greatefithan 1.5 .but not more than 3 • Type 11-2 Year Type III — 1 Year Type IV —6 Months 1-2 units 3+ units Greater than 8 Greater than 3 41111■2111■1■1111111L,- ' Property Code and Nuisance Violations Criteria Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) License Category Number of Units No Category Impact 1-2 3-4 units 5 or more units 0-1 0-0.25 0-0.35 Decrease 1 Category 1-2 3-4 units Greater than 1 but not more than 3 Greater than 0.25 but not more than 1 5 or more units 1-2 3-4 units 5 or more units Greater than 0.35 Greater than 3 Greater than 1 Greater than 0.50 Decrease 2 Categories but not more than 0.50 COUNCIL ITEM MEMORANDUM o At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM Budget Issues: There are no budget issues to consider. Strategic Priorities: e Vibrant Neighborhoods Attachment - Mitigation Plan Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for people and preserves the public trust ,Owner. NnTc:VVayu BakutO :-Local Ageilt: Owner Phone: 612 382 1300 Agent Phone: Owner Address: 3301 Edibl3rOdk -Ct -A'gent AddresS: Owner Email: wayub2000@yahoo.corn Agent Email: ;toper' PiOperty Address 7124 Indiana Ave N .Rental License:Renewal: Current License Expiration Date: 3131/14 Pending_TYpe IV License Exp. Date: 9130/14 (Six month:s froin current licenie expiration) I I NeN,Y. I City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-2199 r.MMIP-r.7,--ivalsgsvv;,-.N.71/44'.;11g'r111=-P.7.-,',;::: _ JUL 1 8 2014 Phone: 763-569-3300 TTY 711 Fox: 763-569-3360 www.cityofhrooklyncenter.orD Rental License Mitigation Plan--Type IV Rental License Handwritten plans will not be accepted. Please type or use finable fonn on City website. Based on property conditions and/or validated police nuisance incidents, the above referenced property qualifies for a Type IV Rental License. Before your license application can be considered by the City Council, a Mitigation Plan most be completed and reviewed by City staff. A fully completed Mitigation Plan must be submitted immediately to ensure timely completion of the license application process. The Mitigation Plan should indicate the steps being taken to correct identified violations and the measures that will be taken to ensure ongoina compliance with City Ordinances and applicable Codes. The Mitigation Plan provides an opportunity to review property concerns and identify possible solutions to improve the overall conditions and -management of the property. NOTICE: Time is Running Out--You must TAKE ACTION NOW in order to meet all the city ordinance and Mitigation Plan requirements within this *pending license period and avoid legal actions. •delitiii',- —. - e'ciiiii0il Dàcuments- Submit the following documents with the Mitigation Plan for approval: 1 1 1 1 Crime Free Housing Program Training Certificate Of completed, if not completed, please include scheduled date in Section C. 2 Copy of Lease including Minnesota Crime Free Housing Lease Addendum 3. Submit written report by le of each month (after license approval).1 .etinnt....Ciiiti'e:=Pit , .iiiiiiiiri'dii-'irfa:R equirements , e I I. Use written lease including Crime Free Housing Lease Addendum.r i 1 2. Conduct criminal background check for all prospective tenants. Provide documentation to City if requested. I 1 3 Pursue the eviction of tenants who violate the terms of the lease or any addendums. Page 1 Type IV Mitigation Plan Rev 11-16-11 1 v 4. Attend City approved eight hour Crime Free Housing course. Date Course Completed: or Date Course Scheduled: Phase II Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department. Date Scheduled: 7121114 @ iPm Improvements to be completed by: 30 days Phase III I i Il will attend a minimum of 50% of the ARM meetings (two). I will attend the ARM meetings scheduled for: 7110/14 & 9/11/14 Do these two meeting dates occur before the *Pending Type IV License expiration date? 1-0 Yes 11 No (*See Sec/ion A) If no, you will only be able to qualify for a Type IV Rental License upon renewal. I. 1 1 I will have no repeat code violations documented within the year.previously past For properties with four or more units: I 11•I includeswill conduct resident training annually that crime prevention techniques. [will hold regular resident meetings. ail? - 'iiii'Voti-4: 41 0 iiiiiiiKitifeuisl , )ii. I -...., Based on condition and age, estimated replacement dates are provided for common capital items. Funding should be considered accordingly. However, items broken, worn or otherwise in violation prior to the estimated replacement date will require earlier corrections. Date Last Replaced Estimated Replacement Date Furnace/AC-2003 2033 Water Heater-2003 2018 Kitchen Appliances-2015 Laundry Appliances-2003 2023 Exterior -Paint/Siding, fascia, trim 2009 2019 -Windows original 2017 -Roof 2001 2016 -Fence NA -Shed NA -Garage 2016 -Driveway 2030 -Sidewalks 2030 Smoke Alarms & Carbon Monoxide Alarms 2015 Other(s) — ' — --,- .,.--,---..,-;.mii.*:.-,:i.:Nie.. .p..i.!.•:, . , . ,,,.. ,,,,- .,,,,,,,,,.t,i,, .,044:41l'."$..e'ait/''' '4 f 00,0011NItt palentOtItt4 a: )1 t 6. 4.1.9f-btAitPX- 0 -'. -.. .. ' A- 1.44Q Implementing the following best practices may assist in the management of your property. By checking the boxes below, you agree to: ] 1 I I. Check in with tenants every 30 days.I I i I 2. Drive by property to check for violations twice a month. Page 2 Type IV Mitigation Plan Rev 11-16-11 For City Use -Mitigation Plan Approved By: Police Department / Title Date Nzifir!& ommunity Standards Department / Title Date 3 Evict tenants in violation of the lease and all addendums. 4 Provide lawn/snow service. 5.Provide garbage service. 6.Install security system. 7. Provide maintenance service plan for appliances. Name of service co.: =1 8 . I am and will remain current on payment of utility fees, taxes, assessments, fines, penalties' and other financial claims due to the City. 9. Other(s): Please read thoroughly: lithe Type IV Rental License is approved by the City Council, the Licensee must comply with the approved Mitigation Plan and all applicable city codes. No later than the 10 th of each calendar month, the licensee must submit to the Building and Community Standards Department a written report describing all steps taken to comply with the Mitigation Plan. I verify that all information provided above is true and accurate. I understand that if! do not comply with an approved Mitigation Plan, comply with all applicable ordinances within the license period, or operate beyond the license expiration date; enforcement actions such as citations, formal complaint or license review may result. )4/eyil 13(-1-<0 Owner gent Name and Title (Please Print) aetd-- NJ() Owner or Ag t Signature- Date Additional Owner or Agent Name and Title (if applicable) (Please Print) Additional Owner or Agent Signature (7f applicable) Date Page 3 Type IV Mitigation Plan Rev 11-1641 City Council Agenda Item No - Oc COUNCIL ITEM MEMORANDUM DATE: August 15, 2014 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Resolution Authorizing Approval of the Issuance of a Premises Permit for Brooklyn Park Youth Hockey Association to Conduct Lawful Gambling at Jammin Wings, 2590 Freeway Boulevard, Brooklyn Center Recommendation: It is recommended that the City Council consider adoption of Resolution Authorizing Approval of the Issuance of a Premises Permit for Brooklyn Park Youth Hockey Association to Conduct Lawful Gambling at Jammin Wings, 2590 Freeway Boulevard, Brooklyn Center. Please note that the City Council approved a premises permit for Brooklyn Center Lions Club at Jammin Wings in December 2013, but the Lions Club did not pursue the license from the Gambling Board. Background: The Brooklyn Park Youth Hockey Association has submitted a Minnesota Lawful Gambling Premises Permit Application to conduct lawful gambling at Jammin Wings, 2590 Freeway Boulevard, Brooklyn Center. A background investigation has been conducted by the Brooklyn Center Police Department which indicates the investigation did not reveal any issues that would prohibit the issuance of the license. Minn. Stat. § 349.213 Subd 2. Local approval. The board may not issue an initial premises permit unless approval is received from: (1)the city council of the statutory or home rule city in which the organization's premises is located; or (2)the county board of the county where the premises is located. The organization must submit a resolution from the city council or county board approving the premises permit. The resolution must have been adopted within 90 days of the date of application for the new permit. City Code Section 23-1902 (1) states, "The organization must have been in existence in Brooklyn Center for at least three years". This provision raises a question as to whether or not the Brooklyn Park Youth Hockey Association qualifies for a premises permit. In reviewing the meaning of this condition with the City Attorney, it is our opinion that they may qualify for the following reasons: •15-20% of the membership is in Brooklyn Center •34 families live in Brooklyn Center; four (4) board members Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM • The organization name has changed to North Metro Youth Hockey Association 6 Brooklyn Center doesn't have an ice arena, so they are providing a service to the City's youth to play hockey For these reasons, we have accepted the application for Council consideration. Attached is a resolution for City Council consideration to authorize approval of the issuance of a premises permit for Brooklyn Park Youth Hockey Association to conduct lawful gambling at Jammin Wings, 2590 Freeway Boulevard, Brooklyn Center. Budget Issues: There are no budget issues to consider. Attachments: City Code Section 11-123 and 23-1900 through 23-1904 Mission: Ensuring an attractive, clean, safe conununity that enhances the quality of life and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING APPROVAL OF THE ISSUANCE OF A PREMISES PERMIT FOR BROOKLYN PARK YOUTH HOCKEY ASSOCIATION TO CONDUCT LAWFUL GAMBLING AT JAMMIN WINGS, 2590 FREEWAY BOULEVARD, BROOKLYN CENTER, MINNESOTA WHEREAS, the Brooklyn Park Youth Hockey Association has submitted a Minnesota Lawful Gambling Premises Permit Application to conduct lawful gambling at Jammin Wings, 2590 Freeway Boulevard, Brooklyn Center, Minnesota; and WHEREAS, the Minnesota Gambling Control Board requires a municipality to submit a resolution authorizing approval of the issuance of any lawful gambling premises permit within its borders; and WHEREAS, the Brooklyn Park Youth Hockey Association has submitted all appropriate and necessary documentation for the premises permit and a background investigation has been conducted by the Brooklyn Center Police Department regarding all named gambling managers and nothing was found in that investigation that would preclude the issuance of a Minnesota Lawful Gambling License; and WHEREAS, the Brooklyn Park Youth Hockey Association agrees to provide to the City of Brooklyn Center each month copies of the monthly reports they submit to the Minnesota Gambling Control Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, that the issuance of a premises permit to the Brooklyn Park Youth Hockey Association to conduct lawful gambling at Jammin Wings, 2590 Freeway Boulevard, Brooklyn Center, Minnesota, is hereby approved. August 25, 2014 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. Subdivision 4. Temporary On-Sale Liquor License holders are subject to the provisions of Subdivisions 1 through 3 of this Section, with the exception that the minimum dram shop insurance policy limit shall be no less than $500,000 for events held on City-owned property, such as parks. Section 11-122. CITY COUNCIL DISCRETION TO GRANT OR DENY A LICENSE OR PERMIT. The City Council in its discretion may either grant or deny the application for any license or permit or for the renewal of any license. No applicant has a right to a license or permit under this Chapter. Each license or permit shall be issued to the applicant only and shall not be transferable to another holder. Each license or permit shall be issued only for the Premises described in the application. If an applicant for a Special Event Permit has to postpone the event because of weather, the City Manager's designee has the authority to change the effective dates of the permit, as long as the total amount of hours approved by the City Council does not change. Licensed Premises that are granted both On-Sale Wine and On-Sale 3.2 Percent Malt Liquor Licenses by the City Council are authorized to sell beer with an alcohol content in excess of 3.2 percent. Section 11-123. GAMBLING REGULATIONS. Subdivision 1. Lawful Gambling Permitted. No gambling or any gambling device shall be permitted on any licensed Premises with the exception of lawful gambling on a licensed on-sale Liquor Premises by licensed charitable nonprofit organizations that have been in existence in Brooklyn Center for at least three years. Subdivision 2. Lease Agreement Terms. The charitable organization's use of the licensed on-sale Liquor Premises shall be by means of a written lease agreement between the Liquor licensee and the charitable organization. The lease shall be for a telin of at least one year; a copy of which shall be filed with the City Manager's designee, and an additional copy must be kept on the Premises and available for public inspection upon request. The lease shall contain the following terms: a.The amount of rent charged may not exceed the amount authorized by law; b.Rental payments shall not be based on a percentage of profits from gambling; c.The charitable organization shall not reimburse the Liquor licensee for any Liquor license fees or other gambling related expenses incurred by the Liquor licensee. The only compensation that the Liquor licensee may obtain from the charitable organization is the rent fixed in the lease agreement; d.Lawful gambling shall not be conducted by employees of the Liquor licensee or at the bar service area; and City of Brooklyn Center 11 -17 City Ordinance e. The lease shall contain a provision permitting the Liquor licensee to terminate the lease if the charitable organization is found guilty of any violation of State or local gambling statutes, ordinances, rules, or regulations. Subdivision 3. Limit on Organizations. Only one charitable organization shall be permitted to conduct lawful gambling on the licensed on-sale Liquor Premises. Subdivision 4. Minimum Hours. The Liquor licensee must commit to a minimum of twenty-five (25) hours of lawful gambling on the licensed Premises for the charitable organization per week. Subdivision 5. Responsibility for Violations. The Liquor licensee shall be responsible for the charitable organization's conduct of lawful gambling. The City Council may order that the lawful gambling cease on the licensed Premises for a period up to sixty (60) days or disallow lawful gambling altogether on the licensed Premises for any violation of State or local gambling laws or regulations that occur on the Premises by anyone, including the Liquor licensee or the charitable organization. Any violation of this Section may also be considered by the City Council as grounds for suspension or revocation of the Liquor license. Section 11-124. PROHIBITED ACTIVITIES. Subdivision 1. Prohibition. It is unlawful for any licensee, permittee, owner, or manager of any establishment licensed under this Chapter to cause, commit, permit, or allow in the licensed Premises any of the prohibited activities listed in this Section or any similar activities or to sell Liquor in any Premises from which any such prohibited activities may be viewed or heard. Subdivision 2. Prohibited Activities. Prohibited activities referred to in Subdivision 1 of this Section include the following: a.Nudity, sadomasochistic abuse, or sexual conduct as those terms are defined in Section 19-1700 of this Code, either actual or simulated; b.Mud wrestling, wet T-shirt contests, lingerie shows or displays, or strip- tease dancing; and c. The display of any of the foregoing by any means including, but not limited to, books, printed material, magazines, movies, pictures, videos, plays, exhibitions, recordings, closed circuit television, productions, or any other device or contrivance in any way that is capable of being used or adapted to arouse interest, or to affect the human senses, whether through the medium of reading, observation, sound, or any other means. City of Brooklyn Center 11-18 City Ordinance CHARITABLE GAMBLING Section 23-1900. STATEMENT OF POLICY. The City of Brooklyn Center deems it desirable to regulate lawful gambling within its jurisdiction as authorized by Minnesota Statutes, Section 349.213, as it may be amended from time to time, to impose, and has imposed in this ordinance, additional restrictions on gambling within its limits beyond those contained in Minnesota Statutes, Chapter 349, as it may be amended from time to time. Section 23-1901. DEFINITIONS. The definitions in Minnesota Statute 349 are adopted by reference in this Chapter. Section 23-1902. LAWFUL GAMBLING IN ON-SALE PREMISES. Lawful gambling is permitted in on-sale licensed premises within the City of Brooklyn Center provided it is conducted by qualified and state licensed charitable organizations in accordance with Minnesota Statutes, Sections 609.75 through 609.763, inclusive, as they may be amended from time to time; Minnesota Statutes, Sections 349.11 through 349.23, inclusive, as they may be amended from time to time, and this ordinance. The following regulations and qualifications must be complied with by all such charitable organizations: 1.The organization must have been in existence in Brooklyn Center for at least three years. 2.The organization must expend 85% of its expenditures for lawful purposes on lawful purposes conducted or located within the Cities of Brooklyn Center, Brooklyn Park, Minneapolis, Crystal, Robbinsdale, and Fridley. 3.The organization must file a list containing the names and addresses of all current members with the City Manager's designee on an annual basis. 4.The organization must file charitable gambling financial reports monthly with the City Manager's designee. 5.The organization must conduct lawful gambling in a method as required by the City. 6.Workers or managers may not divulge the number of or the dollar amount of the winners at any time. 7.Workers or managers shall not co-mingle game cards. 8.The organization shall comply with all the provisions of Minnesota Statutes, Chapter 349. 9. The organization shall register with the State Gambling Board all equipment and supplies used in a licensed on-sale establishment. City of Brooklyn Center 23-98 City Ordinance 10.The charitable organization will be responsible for the booth and other equipment used in the conduct of lawful gambling. 11.The organization must pay the City of Brooklyn Center an investigation fee of $250 per year. Section 23-1903. SEVERABILITY. Every Section, provision or part of this Chapter is declared separable from every other Section, provision or part to the extent that if any Section, provision or part of this Chapter shall be held invalid, such holding shall not invalidate any other Section, provision or part thereof. Section 23-1904. PENALTIES. Any person violating any provision of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than one thousand dollars ($1,000) and imprisonment for not more than ninety (90) days, or both, together with the cost of prosecution. 23-99 City OrdinanceCity of Brooklyn Center To: Brooklyn Center City Council From: Brooklyn Park Youth Hockey Association — License #2922 Re: Premises Permit application for Jannmin Wings —2590 Freeway Blvd, Brooklyn Center, Mn The Brooklyn Park Youth Hockey Association (DBA North Metro Youth Hockey) would like to ask your considering for a permit at this site in Brooklyn Center. We were contacted by the new owners and they would like our organization in there and have signed a lease with us. The previous Charitable organization (Brooklyn Center Lions) has no interest in pursuing this site any longer. Although our office is located in Brooklyn Park and not in Brooklyn Center, our Association serves the Communities of Brooklyn Park, Brooklyn Center, Columbia Heights and Fridley. As of last year's registration numbers, there were 34 registrants (families) that lived in Brooklyn Center and 4 Board Members that live in Brooklyn Center as well. This is approximately 15-20% of our total membership. It has been ten years since our organization has requested a permit at this site in Brooklyn Center and since then our membership area has changed and has opened up to the surrounding communities, thus the DBA of North Metro Youth Hockey. We are just getting back into Charitable Gambling and this would be our first and only site at this time. Feel free to contact me with questions. Wendy Nelson Gambling Manager 763-370-1995 MINNESOTA LAWFUL GAMBLING LG214 Premises Permit Application 12/12 Page 1 of 2 Annual Fee $150 (NON REFUNDABLE) Required Attachments to LG214 1.If the premises is leased, attach a copy of your lease. Use LG215 Lease for Lawful Gambling Activity. 2.$150 annual premises permit fee, for each permit (non refundable). Make check payable to "State of Minnesota." Mail the application and required attachments to: Gambling Control Board 1711 West County Road B, Suite 300 South Roseville, MN 55113 Questions? Call 651-539-1900 and ask for Licensing. Organization Information 1.Organization name 4 I' i t. hp: .. p3 License number Daytime phone Daytime phone q R ?--- 2.Chief executive officer (CEO) Keith Vowels 16-c9Ci7W, —k3gPL 3.Gambling manager Wendy Nelson (763 ) 370 '1996 Gambling Premises Information 4.Current name of site where gambling will be conducted ci---hilkaki\s Lu, S SSq, 5.List any previous names for this locationORK_ C- C1-1"GAY— CATle T_=-41621'S BA-rei - Ta I (-7 I 6.Street address where premises is located .25°C)'----FreLoid\-u,---716- Wol ----)t -7,4-1( crl (E' .14-c- y-- alk) Do not use a P.O. box number or mailing address. 7.City TownshipORBrooklyn Center County Zip code Hennepin 661-i 3 d 8.Does your organization own the building where the gambling will be Gambling site? conducted? Activity. Yes Yes No No Don't know Don't know Yes No If no, attach LG215 Lease for Lawful A lease is not required if only a raffle will be conducted. 9.Is any other organization conducting gambling at this site? 10.Has your organization previously conducted gambling at this I Gambling Bank Account Information. Must be in Minnesota. 11.Bank name Bank account number 12.Bank street address City State Zip code MN All Temporary and Permanent Off-site Storage Spaces 13.Address (Do not use a P.O. box number) City State Zip code SS/ 17 ()< Y L. 1)) fili C jr\) Aq 0410) (ASK MN 14.Address (Do not use a P.O. box number) City State Zip code MN LG214 Premises Permit Application 12/12 Page 2 of 2 Acknowledgment by Local Unit of Government: Approval by Resolution CITY APPROVAL for a gambling premises located within city limits City name COUNTY APPROVAL for a gambling premises located in a townshipLocal u 't of gsigvnernment.it County name Date approved Resolution number Signature of Date approved by city council by county board Resolution number Signature of city personnel county personnel Title Date signed Title Date signed TOWNSHIP NAME Complete below On behalf of is applying to limits. [A township deny an application, Print township Signature of Title only if required by the county. the township, I acknowledge that the organization conduct gambling activity within the township has no statutory authority to approve or per Minnesota Statutes 349.213, Subd. 2.] name township officer Date Acknowledgment and Oath 1.I hereby consent that local law enforcement officers, 6. I assume full responsibility for the fair and lawful the Board or its agents, and the commissioners of operation of all activities to be conducted. revenue or public safety and their agents may enter 7. I will familiarize myself with the laws of Minnesota and inspect the premises. governing lawful gambling and rules of the Board and 2.The Board and its agents, and the commissioners agree, if licensed, to abide by those laws and rules, of revenue and public safety and their agents are including amendments to them. authorized to inspect the bank records of the 8. Any changes in application information will be submitted gambling account whenever necessary to fulfill to the Board no later than 10 days after the change has requirements of current gambling rules and law. taken effect. 3.I have read this application and all information 9. I understand that failure to provide required information submitted to the Board is true, accurate, and or providing false or misleading information may result complete. in the denial or revocation of the license. 4.All required information has been fully disclosed. 10. I understand the fee is nonrefundable regardless of 5. I am the chief executive o ficer of the organization. license approval/denial. i_ 1 Signature of Chief Executive Officer (designee may not sign) Print name Keith Vowels Date Data privacy notice: The information requested on this Board. All other information provided will be Safety; Attorney General; Commissioners form (and any attachments) will be used by the Gambling private data about your organization until of Administration, Minnesota Management Control Board (Board) to determine your organization's the Board issues the permit. When the & Budget, and Revenue; Legislative qualifications to be involved in lawful gambling activities in Board issues the permit, all information Auditor, national and international gam- Minnesota. Your organization has the right to refuse to provided will become public. If the Board bling regulatory agencies; anyone pursuant supply the information; however, if your organization does not issue a permit, all information to court order; other individuals and refuses to supply this information, the Board may not be provided remains private, with the excep- agencies specifically authorized by state able to determine your organization's qualifications and, tion of your organization's name and or federal law to have access to the as a consequence, may refuse to issue a permit. If your address which will remain public, information; individuals and agencies for organization supplies the information requested, the Board Private data about your organization are which law or legal order authorizes a new will be able to process your organization's application, available to: Board members, Board staff use or sharing of information after this Your organization's name and address will be public infor- whose work requires access to the infor- notice was given; and anyone with your mation when received by the mation; Minnesota's Department of Public written consent. This form will be made available in alternative format, i.e. large print, Braille, upon request. MINNESOTA LAWFUL GAMBLING LG215 Lease for Lawful Gambling Activity Revised 11/12 Page 1 of 2 Organization 646rALY tii)(0 tki-kc(,4),cek Address f1:114 5 sipr; 5600 V5t-- On "2- P . fc40--/,-, F. 6 etr License/site number7_1 2_2_Daytime phone 952 -7'M -354 Name of leased premises JAM/n /10 W/ /U(-S a C1:- Street address ,.26-"G FreW 4.4.Y.2(.7 & II/C/ City arz c.i I _e. x z- t t.,-( l-State MN Zip 55,676 Daytime phone ve,,3 . 2f--k Name of legal owner0-4" (.:1;0,,,,i-k---, Business/street address -;2`)--Ci 1-1--e-ez()cc / (.._ ifrei City -1...):-/(;/-7 (6,1 ,7/6-State7,1°)Zip53 (73J Daytime phone 763 23 2 - A., Name ot lessor [if same as legal owner, write in "SAME" ,..477-1z - ( Check applicable item: submit existing lease with amended changes. the changes will be effective. Submit changes at least 10 days before the effective date of the change. date Submit new lease within 10 days after new lessor assumes ownership. i 1.New lease. Do not Date that 2. New owner. Effective Checkall activity that will be conducted (No lease required for raffles) Pull-tabs [paper] Pull-tabs [paper] with dispensing Electronic pull-tabs [must also sell paper pull-tabs] Linked electronic bingo games may only be conducted at: licensed for the on-sale or off-sale of intoxicating liquor or 3.2 percent [but does not include a general food store or drug store permitted to sell beverages under Minn. Stat. 340A.405, subdivision 1]; or where bingo is conducted as the primary business and has a seating of at least 100. (1) a premises malt beverages 1 device I/Bar bingo Bingo Electronic alcoholic with table (2) a premises capacity Ti boards Paddlewheel Paddlewheeli PULL-TAB, TIPBOARD, AND PADDLEWHEEL RENT Separate rent for booth and bar ops. BOOTH OPERATION - Some or all sales of gambling equipment are conducted by an employee/volunteer of a licensed organization at the leased premises. ALL GAMES, including electronic games - Monthly rent to be paid, •Total rent paid from all organizations for only booth operations •The rent cap does not include BAR OPERATION rent for electronic 10 %, not to exceed 10% of gross profits for that month. may not exceed $1,750. by the lessor. at the leased premises games conducted BAR OPERATION - All sales of gambling equipment conducted by the lessor or lessor's employee. ELECTRONIC GAMES - Monthly rent electronic pull-tab games and electronic ALL OTHER GAMES - Monthly rent to •If any booth sales conducted that month and is subject to to be paid, %,not to exceed 15% of the gross profits for that month from to exceed 20% of gross profits from all other forms of lawful gambling. at the premises rent may not exceed 10% of gross profits for cap. linked bingo games. be paid, %, not by a licensed organization booth operation $1750 BINGO RENT for leased premises where bingo is the primary business conducted, such as bingo hall. • • Bingo rent is limited to one of the following: Rent to be paid, °/0, not to exceed 10% of the monthly gross profit from all lawful gambling activities held during foot, not to exceed 110% of a comparable cost per square foot for leased space, as Gambling Control Board. The lessor must attach documentation, verified by the organization, all applicable costs to be paid by the organization to the lessor. bingo. games linked to other permitted premises. bingo occasions, excluding bar bingo. - OR - Rate to be paid $ per square approved by the director of the to confirm the comparable rate and o Rent may not be paid for bar o Bar bingo does not include bingo LEASE TERMINATION CLAUSE. Must be completed. The lease Other may be terminated by either party terms with a written 30 day notice. LG215 Lease for Lawful Gambling Activity Revised 11/12 Page 2 of 2 Lease Term - The term of this agreement will be concurrent with the premises permit issued by the Gambling Control Board (Board). Management - The owner of the premises or the lessor will not manage the conduct of lawful gambling at the premises. The organization may not conduct any activity on behalf of the lessor on the leased premises. Participation as Players Prohibited - The lessor will not participate directly or indirectly as a player in any lawful gambling conducted on the premises. The lessor's immediate family and any agents or gambling employees of the lessor will not participate as players in the conduct of lawful gambling on the premises, except as authorized by Minnesota Statutes 349.181. Illegal Gambling - The lessor is aware of the prohibition against illegal gambling in Minnesota Statutes 609,75, and the penalties for illegal gambling violations in Minnesota Rules 7865.0220, Subpart 3. In addition, the Board may authorize the organization to withhold rent for a period of up to 90 days if the Board determines that illegal gambling occurred on the premises or that the lessor or its employees participated in the illegal gambling or knew of the gambling and did not take prompt action to stop the gambling, Continued tenancy of the organization is authorized without payment of rent during the time period determined by the Board for violations of this provision, as authorized by Minnesota Statutes 349.18, Subdivision 1(a). To the best of the lessor's knowledge, the lessor affirms that any and all games or devices located on the premises are not being used, and are not capable of being used, in a manner that violates the prohibitions against illegal gambling in Minnesota Statutes 609.75. Notwithstanding Minnesota Rules 7865.0220, Subpart 3, an organization must continue making rent payments under the terms of this lease, if the organization or its agents are found to be solely responsible for any illegal gambling, conducted at this site, that is prohibited by Minnesota Rules 7861.0260, Subpart 1, item H or Minnesota Statutes 609.75, unless the organization's agents responsible for the illegal gambling activity are also agents or employees of the lessor. The lessor must not modify or terminate the lease in whole or in part because the organization reported, to a state or local law enforcement authority or the Board, the conduct of illegal gambling activity at this site in which the organization did not participate. Other Prohibitions - The lessor will not impose restrictions on the organization with respect to providers (distributor or linked bingo game provider) of gambling-related equipment and services or in the use of net profits for lawful purposes. The lessor, the lessor's immediate family, any person residing in the same residence as the lessor, and any agents or employees of the lessor will not require the organization to perform any action that would violate statute or rule. The lessor must not modify or terminate this lease in whole or in part due to the lessor's violation of this provision. If there is a dispute as to whether a violation occurred, the lease will remain in effect pending a final determination by the Compliance Review Group (CRG) of the Gambling Control Board. The lessor agrees to arbitration when a violation of this provision is alleged. The arbitrator shall be the CRG. Access to permitted premises -Consent is given to the Board and its agents, the commissioners of revenue and public safety and their agents, and law enforcement personnel to enter and inspect the permitted premises at any reasonable time during the business hours of the lessor. The organization has access to the premises during any time reasonable and when necessary for the conduct of lawful gambling. Lessor records -The lessor must maintain a record of all money received from the organization, and make the record available to the Board and its agents, and the commissioners of revenue and public safety and their agents upon demand. The record must be maintained for 3-1/2 years. Rent all-inclusive - Amounts paid as rent by the organization to the lessor are all-inclusive. No other services or expenses provided or contracted by the lessor may be paid by the organization, including but not limited to: - trash removal - janitorial and cleaning services - electricity, heat - other utilities or services - snow removal - lawn services - storage - security, security monitoring - cost of any communication network or service required to conduct electronic pull-tabs games or electronic bingo - in the case of bar operations, cash shortages. Any other expenditures made by an organization that is related to a leased premises must be approved by the director of the Gambling Control Board. Rent payments may not be made to an individual, Acknowledgment of Lease Terms I affirm that this lease is the total and only agreement between the lessor and the organization, and that all obligations and agreements are contained in or attached to this lease and are subject to the approval of the director of the Gambling Control Board. Other terms of the lease Signature of organizatio official [lessee] Date - . - ?(/ ./ V.-- Signatu;e of lessor /Date . Print arne and tit le of lessor fr-L,At 4. ,7:5'-s2 oil Print nme and title of lessee K.,t--11 )1:9-1s ?re..5, de,, 1-- Questions? Contact the Licensing Section, Gambling Control Board, at 651-539-1900. This publication will be made available in alternative format (i.e. large print, Braille) upon request. Data privacy notice: The information requested on this form and any attachments 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. ____ _ . .eset lorm nn orm MINNESOTA LAWFUL GAMBLING 12/12 Page 1 of 2 LG200A Organization License Application Annual Fee $350 (NON REFUNDABLE) Organization Information Legal name • Other names used .i_f• 1 i igiet,e.L1,71 C124 YO =1.- 1 h rtii) V (Ze. ‘- SOC- )71,11./ 61'i My 61 (1/Wil) V4/V14 \ 141)1.1 /455)e7 Minnesota Sales & Use Tax Permit Business phone number Federal Employer ID Numb& ------::y. -lila g"3 ::3)C The organization business address cannot be the same as the gambling manager's address. If your organization does not have an address, list the home address of your CEO or obtain a PO Box. Business address - street or P.O. Box City State Zip code County 5/.;00 % 6-1-1/1 A ve,mi-te A/13,40 4-1 5-4-41-1 3 iLie friv,ei lV i Tye of nonprofit organization. Check one.r Fraternal Religious Veterans Other nonprofit organization By-Laws: Attach a copy of your organization's official by-laws, signed by the CEO. Board staff will review your by-laws to determine your organization's compliance with statute and rules to be licensed, including membership requirements and voting rights; type and frequency of meetings conducted, and treasurer duties. Officer Information - Chief Executive Officer [CEO] The CEO: - must complete an LG200B Organization Officers Affidavit - is the person responsible for your organization, such as the president or commander - cannot be your gambling manager - must attend a gambling manager seminar before an organization license may be issued First name Middle name Last name Maiden or previous name e . 1-1, 0 ,/ r 1.-/-,e, E.. 1/6 vv-e (3.K Date CEO attended-gambling manager seminar C)//0 .. 1/ i ..2...cli qyJill Officer Information - Treasurer The treasurer:•must complete an LG200B Organization Officers Affidavit, •is the person who handles nongambling monies for your organization, such as the bookkeeper or accountant, and •may not be your gambling manager and may not sign checks from your gambling account. •The CEO may be the same person as the treasurer, depending on your organization's size and structure. •If the CEO is the treasurer, then the CEO may not be a signatory on your organization's gambling account. First name Middle name Last name Previous name,,,------,,,.--.1e .- I= vvey Se-m-14- ,...... r.illiev'S Attach a copy of at least one of the following showing proof of nonprofit status of at least 3 years. DO NOT attach a sale tax exempt status or federal employer ID number, as they are not proof of nonprofit status.ri Current Certificate of Good Standing. Don't have a copy? This certificate must be obtained each year from: Services Div., Empire Drive, Suite 100, St. Paul, MN 55103 651-296-2803Minn. Secretary of State, Business 60 Internal Revenue Service - IRS income tax exemption 501(c) letter in your organization's name Don't have a copy. To obtain a copy of your federal income tax exempt letter, have an organization officer PI contact the IRS at 877-829-5500. Internal Revenue Service - Affiliate of national, statewide, or international parent nonprofit organization [charter] If your organization falls under a parent organization, attach copies of both of the following: a. IRS letter showing your parent organization is a nonprofit 501(c) organization with a group ruling, and b, the charter or letter from your parent organization recognizing your organization as a subordinate. Members List the number of full voting members your organization has . Must have at least 15 members. Acknowledgment I declare that: O I have read this application and all information submitted to the Board. O All information is true, accurate, and complete. o All other required information has been fully disclosed. O I am the chief executive officer of the organization. O I assume full responsibility for the fair and lawful operation of all activities to be conducted. o I will familiarize myself with the laws of Minnesota governing lawful gambling and rules of the Board, and agree, If licensed, to abide by those laws and rules, including amendments to them. o Failure to provide required information or providing false or misleading information may result in the denial or revocation of the license. Signature of Chief Executive Officer •I affirm that the gambling manager will be bonded and licensed as required per Minnesota statutes. o Any changes in application Information will be submitted to the Board within 10 days of the change. o A termination plan will be submitted to the Board within 30 calendar days of termination of gambling. •I understand the fee is non refundable regardless of license approval/denial. o For 501(c)(3) organizations and 501(c)(4) festival organizations: I acknowledge the requirements of Minnesota Rule 7861.0320, Subpart 14, i.e. if our organ- ization Intends to transfer gambling funds to our general account for its primary purpose, that our organization has met the standards and will obtain written approval from the Board [using form LG200C] before making any transfer Date Data privacy notice: The information requested on this form (and any attachments) will be used by the Gambling Control Board (Board) to determine your qualifications to be involved In lawful gambling activi- ties in Minnesota. Your organization has the right to refuse to supply the Information; however, if your organization refuses to supply this information, the Board may not be able to determine your organization's qualifications and, as a consequence, may refuse to issue a license (or permit). If your organization supplies the information requested, the Board will be able to process your organization's application. Your organiza- tion's name and address will be public information when received b y the Board, All other Information provided will be private data about your organization until the Board issues the license (or permit). When the Board Issues the license (or permit), all infor- mation provided will become public, If the Board does not issue a license (or permit), all information provided remains private, with the exception of your organization's name and address which will remain public. Private data about your organization are available to: Board members; Board staff whose work requires access to the information; Minnesota's Department of Public Safety; Attorney General; Commission- ers of Administration, Minnesota Man- agement & Budget, and Revehue; Leg- islative Auditor, national and Internation- al gambling regulatory agencies; anyone pursuant to court order; other individu- als and agencies specifically authorized by state or federal law to have access to the information; individuals and agen- cies for which law or legal order author- izes a new use or sharing of Information after this notice was given; and anyone with your written consent. LG200A Organization License Application 12/12 Page 2 of 2 Meetings When does your organization hold regular meetings? Example: 2nd Thursday 8:00 pm Day 1,0- sd, el I arTi -7 pm Day lb c 5k,,,,"A.o..-7ccr r"qime am L 3opm Voting Rights Are all organization members eligible to vote on gambling matters at your monthly meeting?I Yes No If no, then your "board members" are considered the active members for gambling purposes, plus the gambling manager must be a member of your board. Membership List Attach a membership list that contains the first and last names of at least 15 members, and the original date of membership for each member. The list must be signed by your CEO. If you answered "no" to the voting rights question above, the list must specifically identify all board members with board membership date. This publication will be made available in alternative format, i.e. large print, Braille, upon request. 'Internal Revenue Service Department of the Treasury District Director BROOKLYN PARK YOUTH HOCKEY ASSOCIATION 8332 PENN AVENUE NORTH BROOKLYN PARK, MN 55444-1512 Person to Contact: EO:TPA Telephone Number: 1-800-829-1040 312-435-1040 Refer Reply to: 92-2352 Date: June 27, 1992 RE: EXEMPT STATUS EIN: 23-7428330 This.is.in response to the letter, dated June 18, 1992, regarding your status as an organization exempt from Federal income tax. Our records indicate that a ruling letter was issued. in May, 1976, granting your organization an exemption from Federal income tax under the provisions of Section 501(c -)(3) of the Internal Revenue Code of 1954. Our records also irdicate that your organization is not a private foundation but one that is described in Section 509(a)(2) of the Internal Revenue Code. Contributions made to you are deducible by -donors in computing their taxable income in the manner and to the extentforovided in Section 170 of the Internal ReVenue Code. If your gross receipts each year are normally $25,000 or more, you are required to file Form 990, Return of Organizations Exempt from Income tax by the fifteenth day of the fifth month after the end of your annual accounting period. You are not required to file Federal income tax returns unless you are subject to the tax on unrelated business income Under SeCtion 511 Of the Code. If you Are subject to this tax; you must file an income tax return on F-990-T. If any question arises with respect to your status for Federal income tax purposes, you may use this letter. as evidence of your exemption. This is an advisory letter. Sincerely yours, L4&..!44f., R. S. Wintrode, Jr. District Director NORTH METRO YOUTH HOCKEY ASSOCIATION 2014-2015 BYLAWS ARTICLE I Definitions Section 1.1 The name of the Association is The Brooklyn Park Youth Hockey Association (BPYHA) which will be doing business as North Metro Youth Hockey Association (hereinafter, the "Association"). Includes the communities of Brooklyn Park, Brooklyn Center, Columbia Heights, and Fridley. Section 1.2 The official colors of the Association are forest green, gold and black. The Official Logo of the Association is a Pirate Head that is maintained on the website under documents. No other pirate head design shall be used on any documents, publications or team wear. Section 1.3 North Metro Youth Hockey Association is the official designation of the Association. The Executive Committee shall authorize the use of this name only. Section 1.4 The Board of Directors is the governing body of the Association. Section 1.5 The Executive Committee is comprised of the President, Vice President, Executive Director, Treasurer, Secretary, and Officer-at Large who serve as officers of the Association. Section 1.6 Fiscal Year The fiscal year for the Association shall be from April 1s t of the current year through March 31 st of the following year. 1 ARTICLE II Purpose Section 2.1 The purpose of this association shall be to promote ice hockey to all youth of age eligible to participate in youth hockey as defined by USA Hockey youth hockey age guidelines residing within the Association boundary as defined by Minnesota Hockey, to aid the improvement and development of hockey skills of those youth, to teach and promote physical, mental and moral development, to teach a sense of fair and honest competition resulting in good sportsmanship, and to encourage, aid and support acquisition of facilities & means for the playing of hockey. ARTICLE III Location Section 3.1 The address of the Association shall be: North Metro Youth Hockey Association do Brooklyn Park Community Activity Center 5600 85th Avenue North Brooklyn Park, MN 55443 The Web and e-mail address shall be: www.nmyha.com and communications@nmyha.com ARTICLE IV Non-Profit Section 4.1 The Association shall be non-profit operating as a 501(c)(3). In the event this Association ceases to be in operation, all excess funds will be turned over to the 10,000 Rinks Foundation, for the use in youth hockey programs. Section 4.2 The Association shall have no capital stock and shall not be conducted for pecuniary profit for the Association or any of its members. Section 4.3 All moneys, donations or charitable contributions collected on behalf of the Association shall be subject to the approval of the Board of Directors for their specific use. 2 ARTICLE V Membership Section 5.1 Any person/family interested in the above purposes of this Association is eligible for membership upon payment of their child's registration fees or upon the board of directors' approval at any calendar year meetings. Said membership entitles a person/family to vote at the Annual Meeting subject to ARTICLE IX, Section 9.1. A maximum of two memberships will be recognized for each member family of the Association. Section 5.2 The term of membership shall be for one year beginning September 1st and ending August 31st. ARTICLE VI Fees Section 6.1 The Executive Committee shall recommend the annual registration fee of the Association. The recommendation will be presented to the Board of Directors for approval no later than the June Board of Directors meeting. The recommendation will be approved by the Board of Directors no later than the July Board of Directors meeting. Section 6.2 Failure to pay the annual registration fee including purchasing or buying out of any mandatory fundraising commitment (as defined in section 3 of the Financial Policy and Procedures document), or failure to pay team fees, or failure to perform mandatory volunteer activities shall result in the player's restriction and/or removal from skating or team roster unless special arrangements are made with the Executive Committee. A late fee will be assessed for registration forms postmarked or online registrations submitted after the date indicated on the registration material. Section 6.3 Refunds for registration fees and/or fundraising buyout will not be honored after the registered player's first team practice. For further definition refer to the Associations Financial Policy and Procedures document. The Executive Committee has the authority to waive the annual registration fee for what they determine to be valid hardship reasons. In the event of such a determination of hardship, the Executive Committee will require the member to participate in additional fundraising/volunteer activities. Please refer to Association Financial Policy and Procedures document. Section 6.4 No members of the Association may extend credit of any kind, including concessions, without the authority of the Executive Committee. 3 Section 6.5 Refer to Association Financial Policy and Procedures document for further financial obligations and responsibilities protocol. ARTICLE VII Meetings Section 7.1 The Annual Meeting of the members of the Association shall be held in March, to be scheduled after the regular monthly March Board of Directors meeting, at such a place and time as designated by the Board of Directors. Notice of the meeting shall be distributed via the Association web site and the Association email list, no later than 1 week prior to the meeting. The purpose of said meeting will be election of officers for the ensuing year, to vote on any changes to the bylaws, and for directors to present their annual reports. See Section 9.1 voting eligibility. Section 7.2 The "original" Board of Directors from the 1974 season listed below shall be considered permanent members of the Association: Ron Momberg, Wayne Jense, Zeno Leier, Robert Sullivan, Jeff Dinham, Joyce Johnson, Earl Johnston, James Provinzino, Ronald Thorp, Don Gorman, Dan Strot, Harlan Weidemann, William Huron, James Knuckey, Leo Schoenle. Section 7.3 Special meetings of the membership: Meetings of the membership may be held at any time, at the request of the President or a majority of the Board of Directors. Notice will be distributed via the Association web site and the Association email list, at least seven (7) days prior to the meeting. Section 7.4 Meetings of the Board of Directors: Regular meetings of the Board of Directors shall be held in twelve (12) different months, at a time and place determined by the Board of Directors. Section 7.5 Team representation at regular Board of Directors meeting: Each team will have a parent/guardian representative at each of the monthly Board of Directors meetings that occurs while the team is active, including preseason practice to post season play (a minimum of 6 monthly meetings). Only acceptable absence will be if the team has a game that night. This rotation will be assigned by the team manager. Section 7.6 Special meetings of the Board of Directors: The President, at his/her discretion, may call and establish a special meeting of the Board of Directors, and shall in such a request notify each member regarding time, place and purpose for the special meeting. Such notice shall not be less than two (2) days before the meeting and 4 any action shall be subject to ratification at the next regularly scheduled meeting of the Board of Directors. Section 7.7 Quorum at meetings: A majority of the Board of Directors shall constitute a quorum at any meeting of the Board of Directors and at the Annual Meeting, provided said members present include a minimum of five (5) members. Section 7.8 Order of business for the Annual General Membership Meeting: A.Call to Order B.Reading and acceptance of the minutes of previous Annual Meeting. C.Treasurer's Report D.Director's Reports E.Old Business F.New Business G.Old Minutes (if desired review minutes from past meetings) H.Bylaw amendments I.Election of Officers J.Adjournment Section 7.9 Robert's Rules of Order shall be the parliamentary authority for all matters of procedures not specifically covered by these bylaws. ARTICLE VIII Committees Section 8.1 Bylaws Committee: The Executive Board shall annually appoint five (5) board members for the purpose of reviewing and making recommendations to the membership for any changes in the bylaws. The Bylaws Committee shall be appointed prior to, and announced at the December meeting, so as to allow ample time to prepare and present changes. Proposed amendments may be received only from members of the Association in writing and submitted to the Bylaws Committee. When one or more proposed amendments to the bylaws are received, the committee shall prepare and present a resume of all submissions, with Board of Directors approval, and the proposed amendments shall be placed before the general membership for adoption, rejection or modification. The bylaws committee shall prepare the updated bylaws document. Section 8.2 Nominating Committee: The Nominating Committee shall consist of five (5) members. The Vice President at the January meeting shall appoint said committee. The committee shall be chaired by the Vice President and shall meet as necessary to present a slate of officers for the Annual Meeting. 5 Section 8.3 Hockey Operations Committee: The Executive Committee shall annually appoint the members to the Hockey Operations Committee. Of these members, one shall be the Hockey Operations Director and one shall be the Hockey Operations Assistant director for that year. Members who wish to apply for appointments to the Hockey Operations Committee may submit their names to the Executive Committee or Nominating Committee directly for admission to the list of candidates for the upcoming year, no later than the Association Board of Directors Annual meeting. Once the Hockey Operations Director and Hockey Operations Assistant Director is chosen by the Executive Committee, the Executive Committee will consult with the newly chosen Hockey Operations Director and Hockey Operations Assistant Director and shall then appoint the remaining members of the Hockey Operations Committee from that list, or choose other possible candidates that are not on the list if it is appropriate. The specific members of the Hockey Operations Committee are listed in the Hockey Operations Manual. The President, Vice President and ACE Coordinator are automatically members of the Hockey Operations Committee. The Hockey Operations Director, Assistant Hockey Operations Director, and ACE Coordinator shall have a vote on the Association Board of Directors. The Hockey Operations Director is responsible for having a monthly meeting to remain informed of current activity on Hockey Operations issues. The monthly meeting minutes will be prepared by the Assistant Hockey Operations Director and provided to the Executive Committee. Section 8.4 Other Committees: The President may, from time to time, appoint other committees for specific purposes subject to approval by the Board of Directors. Directors as defined in (Article X Board of Directors), are empowered to create their own committee to help execute duties and aid in the decision making of their directorship. Directors must keep the Board of Directors informed regarding the general functions of any committees that they create. This should be done in their reports at regular monthly Board of Director meetings. ARTICLE IX Voting and Elections Section 9.1 At the Annual Meeting of the general membership, each member of the Association is entitled to one (1) vote to elect officers, in person, provided they attend at least three (3) board meetings that fiscal year, excluding the Annual Meeting. The Executive Committee reserves the right to open the vote to the general membership, regardless of attendance, at its discretion. Section 9.1 a Absentee ballot Association eligible members, who are entitled to vote, and who have a scheduled game or practice, or are out of town on business related to their occupation, that would prevent them from attending the Annual Meeting of the general membership in person, may submit an absentee ballot, casting votes for election of Executive Committee positions. 6 This absentee ballot may be presented to the president any time within one week prior to or during the day of said election, but before the actual election. The President will then present these sealed ballots to the election judges, per Section 9.5, during the balloting. Section 9.2 A complete list of registered members entitled to vote at the Annual Meeting of the general membership will be made available (by the Secretary) for examination by any member during the whole time of said meeting. Section 9.3 At the Annual Meeting of the general membership, and at special meetings of the general membership, the affirmative vote of a simple majority of those present and entitled to vote shall be required to carry any motion or resolution, except for amendments to the bylaws, which will require a two-thirds majority vote. Section 9.4 A slate of proposed executive officers should be presented to the membership by the Nominating Committee at the Annual Meeting. The executive officers will have previously served at least one year on the Association Board of Directors as Director or Co-Director and be current members of the Association in good standing. Only if qualified candidates are unavailable will nominations be taken from the general membership. Nominations from the general membership will be taken at the regularly scheduled March monthly meeting only. Such nominations presented from the floor shall be accepted provided said nominees are present to accept. Votes shall be cast by secret ballot. Section 9.5 The President, during the Annual Meeting, shall appoint two (2) members of the Association to be judges of the election on the day of said election. At the close of balloting, the votes shall be counted and the results reported to the President, who shall announce these results to the membership. In the case of a tie in the number of votes cast, leaving the election undetermined of one or more persons as officers, a second ballot will be cast, etc., until a member is elected. Incoming officers will set a time and place for an organizational meeting to facilitate transition and transact any pending business. Section 9.6 At the meeting of the Board of Directors or special meetings of the Board of Directors, each Board Member is entitled to one vote upon each subject properly submitted to a vote. Non-board members attending these meetings are not entitled to vote, except on gambling issues. Section 9.6a Proxy vote Each board member position, if absent, may appoint a proxy subject to the following: *The appointed proxy must be a member of the Association in good standing. *The appointed proxy cannot be a standing board member with a standing vote. *When a board member appoints a proxy, he/she must contact a member of the executive Committee as to whom this proxy will be. 7 ARTICLE X Board of Directors Section 10.1 The governing body of the Association shall be the Board of Directors. The Executive Committee shall select the people serving on the Board of Directors from the membership. Only members of good standing, according to Section 5.1 shall be eligible to serve on the Board of Directors. All board members shall hold office for the term of one (1) year. Any member of the board who has been absent for three (3) consecutive meetings without a valid reason may, at the discretion of the Executive Committee, be removed from the Board of Directors. Section 10.2 The President, Vice President, Executive Director, Treasurer, Secretary, and Officer-at Large shall comprise the Executive Committee and serve as Officers of the Association. Officers serving on the Executive Committee shall be elected by the membership at the Annual Meeting (with the exception of the Executive Director who is appointed, see Section 11.6) and shall hold office for the term of one (1) fiscal year, with the exception of the presidential seat, which will be filled by the current Vice President. If the current Vice President is unable to fulfill this obligation, then the membership must vote in a new President for the term of one (1) fiscal year. The purpose of the Executive Committee is to carry on the business of the Association between meetings. Section 10.3 The Board of Directors shall determine the policies and activities of the Association, approve the annual budget at the October board meeting, approve monthly treasurer reports, meet with committees, have general management responsibilities for the Association and shall determine the official depository for the Association funds. Section 10.4 The Executive Committee of the Association shall have such duties and responsibilities as are designated from time to time by the Board of Directors. Section 10.5 Vacancies on the board shall be filled by appointment made by the Executive Committee. In the event that the President shall not be able to complete his/her term, the Vice President shall serve the remainder of that term and the following year. Any vacancy other than that of President shall be filled by a vote of the Executive Committee. Section 10.6 The Executive Committee may execute any contract, or convey any other instrument in the name of the Association, when authorized by the Board of Directors. Any director may be removed by a majority vote of the Executive Committee, after a private hearing before the board, wherein the best interests of the Association will be served. 8 Section 10.7 No officer, coach or member, with the exception of the pull-tab/gambling manager, assistant gambling manager or existing executive director, as regulated by the State, shall receive remuneration or monetary compensation for services rendered to the Association, excluding expense reimbursements. The Executive Committee, Concession Director, Registration Director, and Ice Director, Hockey Ops Director will have one Association registration fee waived for the year they are a director. The waived fee will be the greatest of the registration fees due for all players in their family, or, for those without traveling players, an amount not to be greater than the registration fee of a Squirt C player for their Mite players. This does not include the team fee (slush fund), mandatory fundraising obligations, or USA Hockey registration fee. In the event an Executive Committee member, Concession Director, Registration Director, Ice Director, or Hockey Operations Director, who has received a waived fee quits or is removed from the position the waived fee is to be due immediately. Section 10.8 Non-parent head coaches and non-parent assistant coaches shall receive reimbursement for mileage, at the current IRS standard rate, on their personal automobile on all miles driven relative to their commitment to the Association involving a round trip distance of greater than 50 miles. Non-parent head coaches and non-parent assistant coaches shall also be reimbursed for lodging and reasonable, valid other expenses such as meals, for up to four (4) tournaments per season. To receive payment, a coach will be required to submit a signed monthly expense report with all receipts attached and approved by the hockey operations director or team manager. Total annual expenses shall not exceed $2,500 per team to be funded by the Association. No coaching reimbursement will be honored after May 18t of current season. Section 10.8a In the event that the Association and any other youth hockey association combine players to field a team, a non-parent head coach or non-parent assistant coach of such team shall not be entitled to any remuneration beyond expense reimbursement as set forth in Section 10.8. The Association will contribute equally with the other organization to the non-parent coach's reimbursement of expenses, but shall not pay more than $2,500.00 for expense reimbursement. To receive payment from the Association, the non-parent coach of such a team shall follow the procedure set forth in Section 10.8. For further explanation of non-parent head coaches and assistant coaches financial reimbursement, please refer to the Associations' Financial Policy and Procedures documentation. Exceptions to the protocol outlined within sections 10.8 and 10.8a will be made on a case by case basis. 9 Section 10.9 Currently, the following board positions are eligible to vote on motions brought to the Board of Directors: 1.President 2.Vice President 3.Treasurer 4.Secretary 5.Officer-at-Large 6.Executive Director 7.Equipment Director/Goalie Director 8.Tournament Scheduler/Director of Team Managers 9.Ice Director 10.MN Hockey Registration Director 11.Communication Director 12.Tournament Director 13.Hockey Operations Director 14.ACE Director 15.Concession Director 16.Volunteer Coordinator 17.Cash Manager 18.Minnesota Hockey District Director 19.Marketing Director 20.Assistant Hockey Ops Director 21.Fundraising Committee (4 seats) 22.Recruiting and Retention Committee (4 seats) In the case of co-directors, one vote shall be allowed for the position. If a single person holds more than 1 board position they will be allowed only 1 vote and the number of voting positions will be reduced by 1 for quorum computations. For board positions 21 and 22 in Section 10.9 shall constitute 1 vote per committee regardless of multiple members within the committees. Board Members will have to attend 8 meetings to get volunteer credit. Section 10.10 At the meeting of the Executive Committee or special meetings of the Executive Committee, each Executive Committee member is entitled to one vote upon each subject properly submitted to a vote. Each person must be present to vote. In the event of a tie vote, this motion will be decided by the President. 10 ARTICLE XI Officers Section 11.1 President: The President shall be the Chief Executive Officer for the Association. The President shall preside at all meetings of the Board of Directors and members. Among the President's other duties; the President shall have general supervision over the business activities of the Association, and shall see that all orders, policies and resolutions of the Board of Directors are put into effect. The President shall be an ex-officio member of all standing committees. The President or the President's delegate shall represent the Association at all U.S. and Minnesota Hockey meetings attended. The President shall give a written and/or oral report of what was accomplished during their term of office at the Annual Meeting. The President shall be bonded for the amount of $50,000.00 and shall be eligible to co-sign on the Association accounts. Section 11.2 Vice President It shall be the duty of the Vice President to preside at all meetings in the absence of the President. In the event of the disability of the President, the Vice President shall assume the duties of the President's office. He/she shall further perform any assignments given him/her by the President and/or the Board of Directors. He/she shall serve as the president-elect, assuming the office of President after the next Annual Meeting. The Vice President shall ensure that an audit shall be conducted at the end of each fiscal year at the direction of the Executive Committee. Section 11.3 Treasurer: The Treasurer shall have custody of all Association funds with the exception of the gambling accounts and shall keep books belonging to the Association with full and accurate accounts of all receipts and disbursements. He/she shall disburse funds of the Association as may be directed or authorized by the Board of Directors, taking proper vouchers for such disbursement, and account to the President and the Board of Directors whenever requested. He/she shall be able to account for all transactions as Treasurer and for the financial condition of the Association. The Treasurer shall be bonded for the amount of $50,000.00 and shall ensure that two individuals sign on all checks disbursing Association funds. He/she is responsible for a preliminary budget of the Association, to be presented at the June board meeting. All non-budgeted requested expenditures in excess of $250.00 must first be submitted to the Treasurer, which will be brought to the Executive Committee prior to submitting for approval of the Board of Directors. The annual budget shall be finalized and approved by the Board of Directors no later than the October board meeting. 11 Section 11.4 Secretary: The Secretary shall attend all meetings of the members and the Board of Directors, and shall preserve all records of the Association and take minutes of the proceedings of all such meetings. He/she shall give all notices as required by the bylaws or resolutions. He/she shall perform such other duties as may be delegated, and keep a complete list of all members of the Association, with addresses and telephone numbers. The Secretary also will be responsible for maintaining and updating the Policy and Procedures manual. Section 11.5 Officer at Large: The Officer at Large shall serve in an advisory capacity and shall perform such duties as assigned by the Executive Committee. One typical duty is to head the Bylaws Committee. Further duties include representation of the Association as a District Director at all District 3 Hockey organizational meetings. A report is to be given monthly to the board defining the agenda and proceedings of said meetings. Section 11.6 Executive Director: The Executive Committee may recommend an Executive Director for approval by a majority of the Board of Directors annually. The Executive Director will not be an elected officer of the Association. The Executive Director shall handle business duties as directed by the Executive Committee. Duties could include the supervision of the gambling operation, responsibilities for contracts and leases, and being trained in all certification requirements of State and local governments. ARTICLE XII Appointments Section 12.1 The Executive Committee shall appoint the balance of the board members listed in Section 10.9 that along with the Executive Committee shall make up the Association Board of Directors. An attempt will be made to install one or more assistant directors for all directorships whenever possible. Assistant directors will be non-voting positions, with the exception of the assistant directors listed. Complete job descriptions for Executive Committee members, the appointed Board of Directors, and the Gambling Managers and executive director shall reside with the Secretary or in the Procedures Manual of the Association. 12 ARTICLE XIII Gambling Section 13.1 The Gambling Manager(s) and Assistant Gambling Manager(s) will be hired by the Executive Committee and approved by the Board of Directors. Compensation for the Gambling Manager(s) will be determined by the Executive Committee and ratified by the Board of Directors. The Gambling Manager(s) must be (a) member(s) of the Association a minimum of 6 months prior to being hired. The Gambling Manager(s) cannot be a member of the Executive committee. Section 13.2 It is the responsibility of the Gambling Managers to comply with the internal controls and appropriate State laws established for the operation of the gambling activity. Section 13.3 The Gambling Manager(s) is/are responsible for hiring personnel to operate the gambling activity. The Gambling Manager must set employment policies and have them approved by the Board of Directors. Section 13.4 The Executive Committee shall appoint each year, a three-person audit committee to periodically audit the gambling activity. The committee shall report their findings at the regular meeting of the Board of Directors. This report shall be incorporated in the minutes of the meeting. Section 13.5 The Gambling Manager(s) will be non-voting member(s) of the Board of Directors of the Association. ARTICLE XIV Policies Section 14.1 Policies approved by the Board of Directors during the current fiscal year will be incorporated into the Financial Policy and Procedures and will be effective as passed and will be effective until rescinded by the general membership. The Financial Policy and Procedures will be reviewed during off-season months and presented for approval by the Executive Committee at the September monthly Board of Directors meeting. The Hockey Operations Handbook will also be reviewed during the summer months and will be presented for approval by the Hockey Operations Director in the September monthly Board of Directors meeting. Section 14.2 The Association has adopted a policing concerning conflict of interest and divided allegiance as set forth in attached Addendum A. 13 Section 14.3 The Association has adopted a policy concerning code of conduct for coaches, players, parents and spectators as set forth in attached Addendum B. Section 14.4 The Association has adopted a policy concerning document retention as set forth in attached Addendum C. Section 14.5 The Association has adopted documentation concerning "Whistle Blower Policy" as set forth in attached Addendum D. ARTICLE XV Violations Section 15.1 Failure to comply with the bylaws by any member of the Association shall be subject to review by the Executive Committee. 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V) ••-•' .V) ..0 (3.) 0 5 ca ..c a) a) ca 0 a) v) o a) = —v) 0 3 z 0 ,.. a . . ) co co 0 13 s., CT) (1) ..0 C7)- -I J 0 CO ir_ (91 co < 0 __I 00 1.1 000)co Lo cc Z H cC V ▪ IL .4' C 0 < co 2_1 (I) W a. -, I Z --, cc .-I 2 < -, -, m — 2 CO --, _,H BROOKLYN CENTER POLICE DEPARTMENT MEMO NDUM TO: Sharon Knutson, City Clerk FROM: Kevin Benner, Chief of Police t6i DATE: August 5, 2014 SUBJECT: Gambling Application-Brooklyn Park Youth Hockey I have reviewed the background investigation completed by our detective division and find no information that would preclude the applicant, Keith Vowels & Wendy Nelson, from the duties of a Gambling Manager as described in the Minnesota Lawful Gambling Manager Application. These duties would be performed at the Brooklyn Center Janunin Wings, 2590 Freeway Blvd.