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HomeMy WebLinkAboutCity Council Packet 04-14-2015 SpecialCITY OF PLYMOUTH AGENDA SPECIAL COUNCIL MEETING APRIL 14, 2015) 5:30 p.m. MEDICINE LAKE CONFERENCE ROOM 1. CALL TO ORDER 2. TOPICS A. Lawful Gambling B. Health Care Reform/Insurance Premiums C. Set Future Study Sessions 3. ADJOURN Special Council Meeting 1 of 1 April 14, 2015 rp) City of Plymouth Adding Quality to Life SPECIAL COUNCIL MEETING April 14, 2015 Agenda 2A Number: To: Dave Callister, City Manager Prepared by: Sandy Engdahl, City Clerk Reviewed by: Luke Fischer, Administrative Services Director Item: Lawful Gambling Update At the February 24, 2015 Council Study Session, Council directed staff to prepare a lawful gambling report/update which would contain the history of the current gambling ordinance, expense and revenue reports from the three organizations currently licensed in the City (Plymouth Lions Club (PLC), Wayzata Area Youth Hockey Association (WAYHA), and Armstrong -Cooper Youth Hockey Association (ACYHA)), and disbursement reports of their proceeds in the local trade area. Those reports are attached. Association representatives of those associations have been invited to the Study Session and have received the packet materials on this item. Below is a table showing the history surrounding lawful gambling since its inception in 2002: Page 1 Heard request from Ed Stanke from the Plymouth Lions 1. 1-15-2002 Council Club to allow pull -tab gambling. Council requested additional information for Council Study Session Directed staff to prepare a lawful gambling ordinance to be 2. 5-21-2002 Council reviewed by the Public Safety Advisory Board for review and comment Public Safety Reviewed ordinance and provided comments 3. 6-20-2002 Advisory Board Received proposed ordinance: 100% of the proceeds after taxes were to be spent in the local trade area (area defined as the City and areas contiguous to the City) 3% local gambling tax in lieu of $250 investigation 4. 12-2-2002 Council fee City receives 10% of the gross profits for a City administered fund 350' setback requirement from any dwelling, school or religious institution Set hearing for 1-28-2003 Public hearing. Council adopted ordinance with an 5. 1-28-2003 Council amendment to change the setback requirement from 350' to 650' (Ord2003-02) Page 1 Materials for the above actions are also attached to this report. Attachments: 1. — 16. Listed above in table 17. Current Ordinance (1105) 18. Gambling Report Memo 19. Disbursements in local trade area by ACYHA 20. Disbursements in local trade area by PLC 21. ACYHA Expense/Revenue Report 22. PLC Expense/Revenue Report 23. WAYHA Expense/Revenue Report Page 2 Amended City Code to charge a $250 investigation fee vs. 6. 7-27-2004 Council 3% tax due to less than anticipated gambling enforcement costs (Ord2004-12) Designated the funds in the 10% City Administered fund to 7. 5-17-2005 Council the City's annual contribution to Music in Plymouth By request of Plymouth Lions Club, amended the City Code 8. 11-8-2005 Council so that 75% of the gambling proceeds are spent in the local trade area vs. 100% Heard request of the Plymouth Lions Club to decrease the setback requirement from 650' to 350'as they were interested in the Joe Sensers Sports Bar location which 9. 9-9-2008 Council wouldn't meet this requirement. Council requested a report from staff that would address the impact on properties throughout the City if the distance requirement would be decreased. Reviewed report and tabled item to 10-28-2008. Directed staff to provide map showing liquor businesses that could 10. 10-14-2008 Council qualify for lawful gambling if the distance was measured 500' from liquor establishments to residences Directed staff to prepare map and ordinance to amend 650' 11. 10-28-2008 Council setback requirement so it's measured from the property line to the free standing building Directed staff to prepare an ordinance to decrease the 12. 2-10-2009 Council setback distance to 500' and define how distance is measured Made motion to adopt proposed ordinance for the setback 13. 2-24-2009 Council to be 500' but tabled action to 3-10-2009 14. 3-10-2009 Council Adopted Ordinance with 500' setback (Ord2009-04) Approved applications of Plymouth Lions Club for Joe Sensers Sports Bar and Cowboy lacks. Denied application of 15. 4-14-2009 Council Maple Grove Lions Club for Cowboy Jacks. Adopted ordinance amending the organization's requirements (Ord2009-05) Amended setback requirements for fraternal organizations 16. 1-8-13 Council only. The fraternal organization's location needed to be there on or before 1975 (by request of VFW Hamel) Materials for the above actions are also attached to this report. Attachments: 1. — 16. Listed above in table 17. Current Ordinance (1105) 18. Gambling Report Memo 19. Disbursements in local trade area by ACYHA 20. Disbursements in local trade area by PLC 21. ACYHA Expense/Revenue Report 22. PLC Expense/Revenue Report 23. WAYHA Expense/Revenue Report Page 2 t' Adopted Minutes Special Council Meeting January 15, 2002 A Special Meeting of the Plymouth. City Council was called to order by Mayor Tierney at 7:05 p.m. in the Public Safety Training Room, 3400 Plymouth Boulevard, on January 15, 2002. COUNCIL PRESENT: Mayor Tierney, Councilmembers Johnson, Slavik, Stein, Black, Harstad, and Hewitt.. W1.101AV2i STAFF PRESENT: City Manager Johnson, Assistant City Manager Ahrens, Police Chief Gerdes, Fire Chief Kline, Park and Recreation Director Blank, Housing Manager Barnes, Community Development Director Hurlburt, Finance Director Hahn, Public Works Director Faulkner, Solid Waste Coordinators Hageman and Vigoren, and City Clerk Paulsen. Motion was made by Ma or Tieme and seconded by Councilmember Hewitt to reverse the order of the agenda for items 1 and 2 on the agenda. With all members voting in favor, the } motion carried. Pl mouth Crime and Fire Prevention Fund and Plymouth Lions Request for Pull -Tabs Assistant City Manager Ahrens reported on the request of the Plymouth Lions Club and the Plymouth Crime and Fire Prevention Fund requesting approval to sell pull tabs at Mulligan's. She stated with the exception of bingo, gambling is currently prohibited in the City. However, the State lottery is exempt as well as a one-time lawful gambling event (i.e: raffles). Therefore, if the Council 'would desire to allow other types of lawful gambling in the City, adoption of an ordinance amendment would be necessary. Ed Stanke, Plymouth Lions Club, requested the Council to consider adopting an ordinance amendment that would allow for pull -tab gambling within the City. He stated when he was formerly with the bions Club in 'Wayzata, the proceeds derived from their gambling location in that community were given. to the Wayzata Fire Department, the school, and a few national organizations that their club supported. Police Chief Gerdes noted that the City would have the option of receiving either a 3% tax from the licensed organization on their gambling proceeds or charge a $250 investigation fee. He stated the $2.50 fee would not cover his department's costs; therefore, he recommended the 3% tax. Page 3 Adopted City Council Minutes Special Meeting of January 1.5, 2002 Page 2 of 6 Mayor Tierney stated the Council needs to determine if they want to have other forms of gambling in the City. Assistant City Manager Ahrens stated this issue was last discussed in 1991, and it failed on a 2-3 vote. Mayor Tierney stated if the Council is philosophically opposed, there is no need to discuss it further. Councilmember Harstad stated he is not philosophically in support of the additional gambling. He acknowledged the benefit that is derived from the additional funds derived from gambling that could be used within the community, but that wouldn't alter his view. He is very concerned about how the gambling would be regulated. Councilmember Black stated she is unsure if she would support this request. She, too, could strongly support the causes that the funds could be used for. However, she doesn't totally support the act of gambling. Councilmember Hewitt stated due to her past experience in social service agencies, there was a. lot of negative impacts to individuals who were compulsive gamblers. She is also concerned'on how this activity would be monitored. Mayor Tierney stated she would support fiuther information on the issue. Some of this information could include how other cities got started, how they regulated it, what types of gambling are allowed in their communities, and if they restrict the types of establishments where the gambling could occur. Councilmember Slavik asked if staff is aware of any community that doesn't allow pull -tab gambling, other than the City. Assistant City Manager Ahrens replied of the cities the City contacted, there is no one who prohibits gambling in their community. Billie Kaye Goodman, from the Crime and Fire Prevention Fund, stated they have seen a drastic decrease in contributions to their fund. They sent donation letters to 800 businesses, and they have only received $1,000 in donations. She agreed that the gambling would need to be monitored, but Plymouth residents, who enjoy gambling, will spend their money elsewhere. She mentioned the new freestanding pull -tab only facility in Crystal. Councilmember Stein stated he would like further information on this item. He would be interested in reviewing what types of controls the City could have. Page 4 Adopted City Council Minutes { Special Meeting of January 15, 2002 Page 3 of G Councilmember Johnson asked if the City could self limit the number of licenses that would be issued. Assistant City Manager Ahrens stated she is unsure, but she would report back. Motion was made by Councilmember Black, and seconded by Councilmember Hewitt, to determine whether the Council should pursue this further, by obtaining additional information, and bringing, it back to another Council Study Session. Councilmember Slavik stated she is not a supporter of gambling for philosophical reasons. However, it would be difficult to reject the request from two organizations that have made many contributions to the community. At this point, she is not really inclined to proceed further; however, she would support receiving additional information. In comparison, she would rather continue supporting the one-time lawful gambling exemptions that are used for community and school events, as they are perceived to be more family type events. She also noted that the exemptions are a different type of gambling environment than that of pull -tabs. Councilmember Johnson stated she views gambling as entertainment. She agreed that individuals are not always responsible when they participate in gambling, but gambling isn't the only thing that is abused. She stated there could be a great benefit to keeping the entertainment dollars in the City. She would be willing to review information from other cities on their ordinances. Councilmember Black stated this item is really an emotional and a rational issue. The Council needs to go beyond the emotional issue in making their decision.. Councilmember Johnson agreed with Councilmember Black and questioned if this is any different than the liquor licenses that the Council issues. The licensees and consumers need to be responsible. Councilmember Stein agreed and stated that citizens need to have individual responsibility. He stated lie gambles occasionally, and he views it as entertainment. He stated if people are going to gamble, they're going to gamble, but it would be to the City's benefit for the residents to spend their money in the City. Motion was made by Councilmember Stein, and seconded by Councilmember Harstad, to call the question. With all members voting in favor but Johnson and Slavik, the motion, carried. The Council voted on the main motion, and with Stein, Johnson, Slavik, and Tierney voting yes, and Black, Hewitt, and Harstad voting no, the motion carried. City Manager Johnson requested the Council to give any concerns or requested information to staff to include in their report. Page 5 Adopted City Council Minutes Special Meeting of January 15, 2002 Page 4 of 6 Councilmember Johnson requested information on whom the City could limit the licenses to, and if the City could require that the funds remain in the community. Mayor Tierney requested information if the City could limit the types of organizations that could be licensed in the City. Plan Housing Summit Housing Manager Barnes reported at the October 23, 2001 Council meeting, the Council suggested that a Study Session be conducted to discuss concerns about affordable housing as well as plan for a Housing forum. He stated the purpose of conducting this forum would be to educate the stakeholders on the issue of affordable housing in the City that would include; 1. What is affordable housing. 2. Past affordable housing projects in the City. 3. Various ways the City may participate in affordable housing projects. 4. Potential sources of funds and their restrictions. 5. Barriers to developing affordable housing.. He stated the audience would consist of the Council, City's Housing and Redevelopment Authority, Planning Commission members, City staff, developers, non-profit housing providers, housing advocates, and citizens. Councilmember Harstad voiced his concern of occupying additional staff time to focus on affordable housing. He stated the Council hasn't provided suggestions to staff on an educational process for this type of forum. Mayor Tierney requested that staff provide information on what resources are available at the City to assist in affordable housing. Councilmember Hewitt suggested staff include information on efforts that landowners could do to assist in providing affordable housing, and this would include the "tools" that are available to assist developers and landowners. Councilmember Slavik suggested that landowners be invited to this forum. She stated she is not interested at this time in establishing a fund within the City's budget for affordable housing due to the uncertainty of the State's budget and how it would affect the City. She indicated that one needs to review the current housing stock in the City to determine how that housing could remain affordable. Page 6 Adopted Minutes 2 Special Council Meeting May 21, 2002 Page 3 of 6 I Mayor Tierney thanked the residents who attended the meeting. She stated the Council understands the pressure for residents to develop their property. She stated the City would not restrict the sale of the land. Community Development Director Hurlburt explained there is a zoning requirement of a minimum of 20 acres for residential development in this area. Councilmember Harstad stated the limited market value and increases assume that the tax rate will stay the same, but the rates usually decrease. He stated he doesn't want to see people forced off their land because they can't pay property taxes. He added that growth could decrease as land values appreciate. Mr. Goblirsch responded that the City may not forbid the sale of their land, but the value of the property would not be realized in a sale. He stated residents are paying taxes on their land as if it has greater worth, but there is an affordability issue. Mayor Tierney stated these issues would be reviewed. She stated not this year but sometime in the future land configurations and topography would be reviewed. Councilmember Johnson stated the no—growth option was unrealistic. However, the - Comprehensive Plan for the area was well—planned by staff to manage growth in anticipation of the infrastructure. She stated the development of bridges and streets is meant to benefit the residents, and the City needs to review how to balance development with the interests of residents. Councilmember Hewitt thanked residents for attending the meeting. She understands market value concerns and believes development issues need to be reviewed before 2008. Mayor Tierney agreed that there is pressure to develop the land. She reminded residents of the lengthy process to re -study the guide plan. Lawful Gambling Ordinance Police Chief Gerdes discussed requests by the Plymouth Lions Club and the Plymouth Crime and Fare Prevention Fund to permit charitable gambling in the City. He stated the Council could either direct staff to prepare an ordinance permitting charitable gambling or discontinue the discussion. He reviewed State statutes and guidelines permitting cities to regulate charitable gambling. He stated questions to be discussed include whether gambling is appropriate, how it could be restricted, and whether there would be a conflict of interest for the Crime and Fire Prevention Fund to participate as a licensee, when they would be also be recipient of some of the proceeds. Mayor Tierney asked what types of gambling would an ordinance cover. Police Chief Gerdes replied that it is very unusual to see anything; other than pull tabs and bingo. He stated pull tabs are the most profitable form of gambling. Page 7 Adopted Minutes Special Council Meeting May 21, 2002 Page 4 of 6 Councilmember Stein asked if the City could limit the number of licenses. Police Chief Gerdes responded that a limit would not be an equal application of law if the number issued is only one, but that application to other sites would remove any conflict of interest for the City. Attorney Knutson stated the City could impose a limit in theory but the application of that could be a challenge. He suggested the possibility of a drawing to grant applicants a license. In response to questions about limiting locations, Police Chief Gerdes stated the typical restaurant chains would not allow gambling on their premises. He stated the majority of the licensees would be from charitable groups, athletic, or sportsmen's organizations. Councilmember Johnson supports proceeding with developing an ordinance and referring any proposals to the Public Safety Advisory Board for review. Councilmember Slack stated this is a philosophical issue and thinks the City shouldn't proceed with an ordinance allowing gambling. Councilmember Harstad agreed with Councilmember Black. He believes there is too much proliferation of gambling, and that it is not merely an entertainment. He stated it creates societal costs beyond its merit. Councilmember Harstad made a motion, seconded by Councilmember Black, not to take an action on this request. Councilmember Hewitt agreed with. Councilmembers Harstad and Black. She believes there is a conflict of interest with the Crime and Fire Prevention. Fund organization. She noted the negative impact of money spent on gambling. She does not agree that because other cities have it Plymouth needs it. She agreed that fundraising is getting harder to do, but that it doesn't justify the City's permitting of gambling. Councilmember Stein stated people who have a gambling problem would gamble regardless of where it is available. Councilmember Slavik stated she is undecided with this issue. Mayor Tierney stated there could be problems associated with gambling. She stated many issues need to be studied, but she views gambling as entertainment. She would support receiving further comments and pursuing further study. Lions Club representative Ed Steinke stated he has worked with gambling in Wayzata and suggested Plymouth prepare an ordinance. He stated pull tab games offer the largest paybacks to players. He stated the Plymouth Lions Club only has a limited chance to sell fundraising tickets, and this would allow another venue for that activity. Dave Hogshire, 525 Brockton Lane, stated he and his wife have been involved with the Plymouth Fixe and Crime Prevention Fund, which gave $9,000 to the City for laser imaging equipment_ He stated the Council should weigh what the proceeds could purchase versus any Page 8 Adopted Minutes Special Council Meeting May 21, 24112 Wage 5 of 6 social problems created by gambling. He stated he is glad the Council is asking constituents for advice on the issue.. Councilmembers Harstad and Stein agreed that proper controls (oversight, audit, etc.) would be required of any stated his family had cash businesses through his life, and he agrees that proper controls are needed, but this is not a reason to deny an opportunity for the organizations. Police Chief Gerdes stated that donations from the Crime and Fire Prevention Fund were dedicated for unique purchases, such as the original K-9 purchases, and are now part of the City budget. Fire Chief Kline stated that all firefighting and fire prevention purchases are prioritized with other City departments. Councihuernber Johnson stated,the two different questions in philosophical and money areas merit discussion and review. She supports public debate and education on the issues. Councilmember Harstad stated that alcohol has effect of reducing inhibitions, and can't support pull tab sales. He noted that lottery and scratch -off games are not being sold in the places where alcohol is consumed. Councilmember Johnson believes the government can't legislate all. Councilmember Stein made a motion, seconded by Mayor Tierney to call the question. With all members voting in favor but Johnson, the motion carried. The Council voted on the main motion and with all members voting against but Harstad, Hewitt, and Black, the motion failed. Councilmember 'Stein made a motion, seconded by Councilmember Johnson, to direct staff to draft ordinance language permitting charitable gambling, which would be reviewed b, the Public Safety Advisory Board for review and comment. - Councilmember Slavik stated more public comment is needed on this request. Mayor Tierney asked whether the City might narrow the scope of the ordinance and the recipients of any proceeds. Police Chief Gerdes responded that there would be opportunities to address those issues during the development of the ordinance Language. He stated other considerations include how to guide an application, and what fees could be charged for administration and investigation costs. Gurdon Rabens,1194 Xene Lane, suggested that if lawful gambling would be permitted, the City require that a portion of the proceeds be allocated for college scholarships. There being no further discussion, with Slavik, Johnson, Stein, and Tierney voting yes and with Harstad, Hewitt, and Black voting no, the motion carried. Page 9 City sof Plymouth Ptib1i- ' .Safe(y Adiisary Board Minutes of Meeting June 20, 2002 7. 00 p.m. 3 Present: Pete Cahill, jenny Hibbard, Cathy Kaufman, Gary Landis, Tony Spector, Chief Craig Gerdes, Chief Rick Mine, Coitncil member Kelli Slavik, Recording Secretary Tammy Ward Absent: Lea Haseman, Hal Nelson At 7:07 p.m. Chair Kaufman called the meeting to order. Motion by Jenny Hibbard, seconded by Gary Landis to approve the May 16, 2002 minutes. All in favor, motion carried. Chair Kaufman stated that the next item on the agenda was to review the gambling ordinance. Chief Gerdes stated that the Plymouth Lions and the Plymouth Crime and Fire Prevention Fund had made a request to the City Council to allow a pull -tab operation at MU111-ans. Chief Gerdes stated that there are two questions that need to be asked. 1) Is gambling right for the City and 2) If yes, how do we appropriately structure it so that it is fair and impartial? Council member Slavik stated that many people are on the fence on this issue. She stated that the main reason the item is being discussed further is because the Plymouth Crime and Fire Prevention Fund has done wonderful things for the City, She stated that the item may not end up going forward to the City Council, but if it floes a public hearing would be held. Chief Gerdes stated that the City Council has asked this board to offer their perspectives on gambling, as well as to prepare a draft ordinance. Cathy Kaufman asked if an_v other organizations besides the Plymouth Crime and Fire Prevention Fund had ever inquired about charitable garnbling_ Chief Gerdes stated that the Lions Club had approached the City Council back in 1991, but at that time., the City Council was not interested in pursuing it, Tony Spector stated that it was important to define the parameters up front, because once the door is opera, the door is open. He questioned if the City was ready for something like this? Council member Slavik stated that the City could designate what type of establishment could apply for a gambling license. Tony Spector asked if the city would need to lure an investigator to perform the background checks. Chief Gerdes stated that initially Investigator Bevins could perforin the investigations on an overtime basis. He stated that Investigator Bevins currently performs background checks on Page 10 Public Safety Advisory Board Minutes Jane 20, 2002 liquor license applicants and other permit applications. Chief Gerdes stated that the investigation and enforcement costs could most likely be recouped through the 3% gambling tax, wlich is allowed by State law. Cathy Kaufman asked for clarification oil the trade area. Chief Gerdes stated that there are a number of ways to define what can be done with the proceeds, He stated that the City could create a trade area where all or a portion of the gambling proceeds must be spent in the trade area. He stated that the trade area must include all abutting communities. Cathy Kaufman asked if the City could choose to keep the money in Plymouth. Chief Gerdes stated that would be up to the organization_ He stated that if the city incorporates a trade area into the ordinance, the City can decide what percentage of the proceeds is to be spent in the trade area. He added that the distribution of proceeds in the City Attorney's draft ordinance indicates that 10 percent of the organization's net profits shall be contributed to the City. Chief Gerdes stated that these are things that the Board will need to consider when drafting the ordinance, Cathy Kaufman stated that it is her understanding that the Plymouth Crime and Fire Prevention Fund has purchased some great items for both the police and fire departments. Council member Slavik and Chief Gerdes agreed. Chief Gerdes stated that it is common to restrict gambling to liquor establislunents, but the ordinance could also be written restricting it to places of worship. He stated if the ordinance restricted the license to places of worship, then any place of worship would be eligible to apply for a license. Jemiy Hibbard asked if it was the Public Safety Advisory Boards' role to make suggestions on the wording, or to indicate whether or not they agree with allowing charitable gambling. Chief Gerdes stated that this Boards' role is to help draft the ordinance, as well as, offer their opinion regarding the ordinance_ Discussion continued regarding the survey of other cities that allow some form of gambling, Jenny Hibbard commented that sone cities allow both liquor establishments and places of warship, yet others allow only one or the other. Chief Gerdes stated the City Attorney recommended that Plymouth does not set numbers based on population like the City of Eden Prairie has established in their ordinance. Chief Gerdes stated that if licensed liquor establishments were allowed, they would be self- limiting elflimiting as there probably would only be approximately six potential sites. Jenny Hibbard stated that she did not see anything in the ordinance allowing for a trade area. Chief Gerdes stated that the city attorney's office had just dratted a boilerplate ordinance, and that this group was to decide on items such as trade areas, Gary Landis inquired about costs associated with the permit. Chief Gerdes stated that there would be a $100 permit fee. He stated that State Statute indicates that the fee cannot exceed $100. Page 11 Public Safety Advisory Burr! Minutes June 20, 2002 Tony Spector asked about Section 1105.11 Subd. 1 —+Qualifications. He asked if the senior waiter on duty would become manager by default if the manager were absent. Chief Gerdes stated that the ordinance focuses on the gambling operation as opposed to the business operation, He stated that a gambling manager would be hired. Cathy Kaufman suggested that the board continue to think about the ordinance during the next month and could come back with ideas and suggestions next month_ uracilmember Slavik stated that she had received a phone call from Chair Kaufman regarding the le ofthe Public Safety Advisory Board. Council member Slavik stated that the City Council wool 'ke to see this Board continue to meet for a year. She stated at the end of a year, they would t e a look at the Board and if needed, they would reassign anyone who was interested on being on ther city board. She stated that the Council felt it was this boards- role to review ordinances a d other items that staff may have for them. She said like other City Boards, their role is to be re tive, not proactive. Council member Slavik stated that the City Council felt that when appropriat staff` could provide items for their agenda. She stated that the City Council feels that this Boa is very important, and they would like them to be available when items do come up. She state hat the City Council thought perhaps this Board could meet every other month for the time bei Gary Landis suggested tha le Public Safety Advisory Board held some type of open forum once or twice a year. He stated th\tmeetim. ould invite residents to attend and it would be a citizen's forum. Gary stated that this Ide a proactive thin; for the group to do, as well as a positive opportunity for the residents ity. Council member Slavik stated that the first 15 nunutes of each City COLlI1GPl 1lleetlllglde as a pL1b1LC forun7. She stated that the City Council would prefer to continue holblit forums prior to the council meetings, as all the council members could be prrth meeting. She added that it would be creating an additional layer or bureaucraby ha ' lg the Public Safety Board conduct the fonn and then pass the information on ity Cou il. Gary Landis stated that some people might see it that way but others night n Council member Slavik stated that people might haa specific issue and this forum would be more focused, Tony Spector stated that he thought tflk the Board should try holding one and see what happens. Cathy Kaufman stated that it would be a ster connection to the Chiefs in a less formal environment. She added that she too would be curl is to see what would happen, Gary Landis stated that lie thought that this would be a less tlrreate ' forum then attending a City Council meeting. Council member Slavik stated that the City Council would be conte ed about what advice might be given out during these meetings. Gary Landis suggested that the Attorney could be present to answer any legal questions. Council member Slavik stated that many of the complaints she receives are r ardin^ policies or ordinances. She said people have specific concerns and they get frustrated an hey want answers now. Council member Slavik stated that when someone comes to her with a co rn, she is generally able to respond to his or her concerns that same day. Gary Landis state at we a Page 12 Adopted Minutes Special Council Meeting December 2, 2002 Mayor Tierney called a Special Meeting of the Plymouth City Council to order at 7:45 p.m. in the Public Safety Training Room, 3400 Plymouth Boulevard, on December 2, 2002. COUNCIL PRESENT: Mayor Tierney, Councilmernbers Hewitt, Slavik, Black, Johnson, and Stein. ABSENT: Councilmember Harstad. 4 - STAFF PRESENT: City Manager Johnson, Fire Chief Kline, Police Chief Kline, Public Safety Education Specialist Cwayna, Fire Captain Hurr, Fire Captain Evenson, Community Development Director Hurlburt, and City Clerk Paulson. Consideration of Lawful Gambling Request Police Chief Gerdes reported on. May 21 the Council discussed the request of the Plymouth Lions and Plymouth Crime and Fire Prevention Fund to allow pull -tab operations within the City. The Council directed the Public Safety Advisory Board (PSAB) to assist with drafting a gambling ordinance. The PSAB discussed the item at their July 18 meeting and of the six members present, four were in favor, one was opposed, and one was undecided. Therefore, the PSAB made the following recommendations: 1. The Ordinance be written to allow all forms of gambling except bingo. 2. Licenses should be limited to on -sale liquor license establishments. 3. The Ordinance should include a 3% local gambling tax as allowed by State Law. 4. The City receive 10% of the gross profits as allowed by State Law. Councilmember Slavik asked if the proceeds could remain in the trade area. Police Chief Gerdes replied every city that is contiguous to the City would be considered the local trade area. Ed Stanke, President of the Plymouth Lions, stated they would be the licensee, and they intend to split the proceeds with the Crime and Fire Prevention Fund. He stated the State is very strict with their enforcement. In addition, they are limited to the amount of fands that can be allocated to the administration, and the State approves all expenditures. The Owners of Jake's Sports Bar and Grill stated they have lawful gambling at their other establishments, and they require the charitable organizations to keep the proceeds in the Page 13 _ Adopted City Council Minutes 1 Special Meeting of December 2, 2002 Page 2 of S communities. They agreed with Mr, Stanke that the gambling is very heavily regulated by the State. Council member Hewitt asked if the proposed 3% tax would cover the City's costs, Police Chief Gerdes replied yes, and the use of overtime to perform the compliance checks would be supported by that tax. Councilmember Hewitt asked if bingo could be conducted in the City. Police Chief Gerdes replied yes, and that is through a lawful exemption permit. The owners of Take's Sports Bar and Grill stated that all game rules and where the proceeds go towards are clearly posted in the establishment. They haven't had any problems with their four other establishments where lawful gambling is currently conducted. They do not rely on the pull -tab business but view it as a compliment to their business. Councilmember Slavik asked where the City's 10% of the proceeds would be spent. Police Chief Gerdes replied there are statutory regulated areas where the proceeds can be spent that are at the discretion of the City. Councilmember Stein stated that he views lawful gambling as a form of entertainment. Motion was made by Cauncilmember Stein, and seconded by Councilmember Johnson.. to acce t the recommendations of the Public Sdety Advisory.Board and to place this item on the December 17 Council a eg nda. Councilmember Hewitt asked how the gambling would be monitored. Police Chief Gerdes replied through the annual compliance checks conducted by the City, the State's compliance checks, and complaints. Councilmember Black stated she wouldn't support the motion. She complimented Jake's Bar and Grill for operating a good establishment, but there could be other liquor- establishments in the City that could be requesting gambling. She also stated the Plymouth Lions and the Crime and Fire Prevention Fund are wonderful organizations, but she is concerned about the method on how the funds are being raised. Councilmember Slavik asked if the Ordinance would require a public hearing, as she would like proper notice given to residents. City Manager Johnson replied Ordinances do not require a public hearing. Page 14 Adopted City Council Minutes Special Meeting of December 2, 2002 Page 3 of 5 Councilmembers Johnson and Slavik stated they would support a public hearing on this item. Councilmember Stein suggested that there be a press release/article in the Sun,. Sailor as well as a notice on the City's website that this would be considered at the December 17 meeting. Mayor Tierney suggested that an announcement also be played on Channel 12 and Channel 16. Councilmember Slavik asked if there would be any problem in delaying this item until January 2003. Councilmember Johnson stated she believes that it's wise to postpone this to a later date as allowing pull -tab gambling in the City would be a philosophical change. Councilmember Hewitt agreed that there be a public hearing so the Council could receive input from, residents. She stated based on her previous work experience in the social. services field, she doesn't support lawful gambling. Motion was made by Councilmember Black, and seconded by Councilmernber Hewitt, to amend the main motion to conduct a public hearing on JanuM 28 on the Rroposed T Ordinance. With all members voting in favor but Tiemey, the motion carried. The Council voted on the amended main motion and with all members voting in favor but Black and Hewitt, the motion carried.. Discussion of Fire Department Report Fire Chief Mine and Fire Captain burr presented a five-year strategic plan for the Fire Department. By 2007, staff plans to measure their success by evaluating their ability to achieve the goal of having six operational firefighters on the scene of an emergency anywhere in the City withiu six minutes, regardless of the time of day or day of the weep (at least 80% of the time), In order to achieve that goal, staff recommended immediate, mid-term (in 2004), and long-term (in 2007) measures. The immediate recommendations are to:. 1. Continue the duty crew program, adding a second full-time field supervisor and a fifth operational firefighter to each shift. Page 15 Adopted Council Minutes Regular Meeting of January 28, 2008 Page 6 of 1.2 5 Pumoses and.a Tem omr Easement in the South 127.50 feet of Lot 16 of Wavzata Farms fRes2003-0641. With all members voting in favor, the motion carried. {7.2} Consideration of Charitable Gambling Ordinance Police Chief Gerdes reported that currently no gambling is allowed in the City, with the exception of bingo and raffles conducted by non-profit organizations that are exempt from State licensing. He stated in 2001, the Council received a request frons. the Lions Club and the Plymouth Crime and Fire Prevention Fund to consider charitable gambling (pull -talc sales) in the City. The Council conducted Study Sessions and the Public Safety Advisory Board discussed the request. He stated the current City Code is not in compliance with State law. Therefore, the Council needs to adopt a new Ordinance to either prohibit all lawful gambling or allow gambling in the City. He stressed that the City can't specify which types of lawful gambling that they would Allow in the City. Staff contacted 16 cities to study on whether they allow lawful gambling, how many licensed organizations and_ locations, and restrictions on proceeds. Fourteen out of the 16 cities allow lawful gambling. He stated the Minnesota Gambling Control Board licenses and regulates gambling. Only qualified organizations may conduct lawful gambling. In order to qualify, an organization must be a religious, fraternal, veterans', or other non-profit or tax-exempt entity that has been in existence for at least three years, has at least 15 active members, and is not in existence solely for the purpose of conducting gambling. The statutes require that no more than 70% of the gross profits from bingo, and 55% of grass profits from all other forms of gambling may be used for expenses related to lawful gambling. The remainder of the profits must be used for lawful expenditures. Local ordinance regulations commonly require quarterly revenue reports be submitted to the cities, including copies of reports the gambling manager is required to send to the State and copies of checks sent to the charities, He stated local gambling ordinances typically include one or more of the following requirements: 1. The City could require an organization to make expenditures of up to l0% of its net profits to a specific lawful purpose. 2. The City may require an organization to make expenditures of up to 10% of its net profits to a fund administered and regulated by the City. Thcse funds may be distributed for lawful purposes or for police, fire, and other emergency or public safety related services, equipment, and training, excluding pension obligations. 3. The City may require that an organization expends all or a portion of its net profits for lawful purposes conducted or located within the City's grade area. The Council defines the "trade area," but it must at least include all abutting communities. 4. The City may impose a local gambling tax not to exceed 3% of the gross receipts less actual prizes paid out on each licensed organization. The City could not use local gambling tax money for any purpose except regulation of lawful gambling. The tax is in lieu of all other local investigation fees on law gambling. If no tax is imposed, the City may charge $254 per investigation, however, this would not cover the City's cost. Page 16 Adopted {Council Minutes Regular Meeting of January 23, 2003 Page 7 of 12 He stated staff recommends that the Council adopt an Ordinance to comply with the Statutes that would either prohibit or allow lawful gambling in the City. He stated if it's the Council's desire to approve lawful gambling, staff would recommend a 3 % tax, the establishment of a 10% City administered fund, and a local trade area. He noted that only those establishments that have an on -sale liquor license would be eligible to have lawful gambling. In addition, staff would recommend a 350' setback from the residential area. He discussed a handout that listed those businesses that would be eligible to conduct lawful gambling based on 350', 500', 750', and 1,000' setback from the residential area. Councilmember Bildsoe asked where bingo halls could be located in the City. Community Development Director Hurlburt replied that based on the current Zoning Ordinance, this use wouldn't be allowed in any of the zoning districts.. Police Chief Gerdes stated casinos wouldn't be considered lawful gambling in the City. Councilmember SIavik asked if there would be any negative effects on the City's 'budget by allowing lawful gambling. Police Chief Gerdes replied the negative effects would be if the City didn't require a 3% percent tax to cover the investigation, didn't establish a local trade area to make sure the funds remain locally, and didn't create the 10% City administered fund. A discussion was held on the quarterly and annual reporting requirements contained in the proposed ordinance that non-profit organizations would need to comply with. Councilmember Slavik noted that some cities have limited the number of establishments where lawful gambling could be conducted based on the population of the City. She asked if that would be feasible for Plymouth. City Attorney Knutson replied if the City only issued a certain number of licenses, the Council would need to establish criteria to determine who would be issued the licenses. Police Chief Gerdes added that the City would be limiting the number of locations in the City by incorporating a setback from the residential area and only allowing the activity in on -sale liquor establishments, Mayor Johnson noted that the City of Burnsville only approves licenses to those organizations that have principle offices in the City. She asked what constitutes a principle office. City Attorney Knutson replied an organization's principle office is where they conduct their business and activities. A post office box would not be a principle address. Mayor Johnson opened the public hearing for testimony. Harvey Schiebe, 1215 Goldenrod Lane, stated he supports lawful gambling. He stated a portion of the proceeds from lawful gambling would remain in the City. There being no one else wishing; to appear before the Council to give testimony, Mayor Johnson declared the public hearing closed. Page 17 Adopted Council Minutes Regular Meeting of January 28, 2{163 Page S of 12 Motion was made by Councilmeniber Stein and seconded by Councilmember Neset to adopt an Ordinance Amending Section 1105 of the Plymouth City Carle Concerning Lawful Garnbliag and Section 1211 Concerning Liquor Licenses Ord2003-02 . Councilmembers Skein and Neset stated even though they aren't big supporters of gambling, there would be a benefit to the local charities. Councilmember Hewitt stated she isn't a big supporter of gambling. Through her previous experience an the social services field, she has seen the negative impacts to individuals who are financially unable to afford the activity. This would affect taxpayers eventually. She stated currently, there are budget constraints with all local units of governments including the State. She agrees that the fiords would benefit local organizations, but she is unsure if lawful gambling is the best method. Councitmember Bildsoe stated he views the 350' setback requirement as a method to limit the number of applications and where lawful gambling could be conducted. Mayor Johnson stated she disagrees, as there needs to be an appropriate setback from the residential areas. Motion was made by Mayor Johnson and seconded by Councilmernber Slavik to amend the main motion to ohan e_The setback requirements in the proposed Ordinance from 354' to 65071 . With all members voting in favor, the motion carried. Councilmember Stein asked if any of the liquor establishments in the City Center area could replat them' property so they would be 6517' back from the residential area. City Attorney Knutson stated that could be theoretically possible, but it would depend on the circurnstance. There are also other building code requirements for the shopping center area i.e. firewall separation, parking. Community Development Director Hurlburt added that shopping center buildings are very unlikely to be subdivided due to zoning requirements. Police Chief Gerdes commented that franchise restaurants typically do not have lawful gambling. Mayor Johnson asked if this Ordinance would be approved, would there be an annual review of the license other than the quarterly and annual reporting from the organization. Police Chief Gerdes replied yes, through a similar compliance check program that is utilized for alcohol and tobacco. If there would be a violation, the Council would conduct a hearing relative to the revocation or suspension of the lawful gambling license. Councilmember Bildsoe asked if the Council would have the opportunity to repeal this ordinance in the future if necessary. City Attorney Knutson replied yes. Councilraember Slavik recommended that the Council include a provision in the Ordinance for a one -yeas probation period in order to discuss the pros, eons, and any negative effects on the City. Page 18 Adopted Council Minutes Regular Meeting of January 28, 2003 Page 9 of 12 Motion was made by Councilmember Slavik and seconded by Councilmember Bildsoe to amend the main motion to include a provision that would state "this Ordinance shall be reviewed U the City Council on JanuM 2004 to consider its continuance." Councilmernber Stein stated there shouldn't be a need for this provision when the Council has the authority to review the Ordinance at any time. Councilmember Slavik reiterated that this provision would allow the City to determine if there is a burden on Public Safety, the City's budget, outcry from the public, etc. She supports an automatic review of the Ordinance. City Attorney Knutson stated if this amendment is approved, when the Council reviews the Ordinance and takes no action, the Ordinance would remain in place. Motion was made by Councilmember Stein and seconded by Councilmember Slavik to amend the amendment that to state that "this Ordinance would be reviewed annually on its anniversai to consider its continuance." Councilmember Stein asked if the City has any flexibility in stating when a license would expire. Police Chief Gerdes replied no. The licenses are renewed annually and expire on the date that they were applied for. Mayor Johnson reminded the Council that they have a lot of discretion with an Ordinance, and the Council could review it at any time. There being no further discussion, the Council voted on the amendment to the amendment. With all members voting in favor, the motion carried. The Council voted on the amended amendment and with all members voting in favor, the motion carried. Councilmember Bildsoe stated even though he supports the motion, one of his concerns is that since the Plymouth Crime and Fire Prevention Fund could potentially receive some of the proceeds from a licensee, it could appear that the City isn't allocating sufficient City funds in those areas. Mayor Johnson stated she supports the motion. She stressed that individuals need to be responsible when they expend money on gambling. She believes that this activity would benefit the City, discounting any proceeds that the Plymouth Crime and ;Fire Prevention Fund could potentially receive. The Council voted on the amended retain motion and with all members voting in favor but Hewitt, the motion carried. Ed Stanke, from the Plymouth Lions Club, thanked the Council for all their time spent studying this issue. Page 19 0 A enda Number:a t TO: Mayor and City Council FROM: Laurie Ahrens, City Manager SUBJECT: Amend Lawful Gambling Ordinance DATE: July 20, 2004, for City Council meeting of July 27, 2004 1. ACTION REQUESTED: Amend the lawful gambling ordinance to eliminate the 3% local gambling tax and establish a $250 gambling investigation fee. 2. BACKGROUND- In January 2003, the City Council adopted a lawful gambling ordinance (copy attached). The ordinance included several fees: • Annual permit fee -- $100. • Local gambling tax 3% of gross receipts to be used only for police investigation purposes. • City -administered fund --10% of net profits to be distributed by the City for purposes allowed in state law. 3. DISCUSSION: The proposed ordinance would eliminate the 3% local gambling tax and establish an investigation fee of $250 to be paid by any new applicants. The Plymouth Lions Club is currently the only organization licensed for lawful gambling in the City. The organization has consistently paid the 3% Local gambling tax, and the City gambling tax fund has now grown to a balance of more than $10,000. Since this fund can only be used for police investigations related to gambling, we believe that the tax should be discontinued. The current fund balance would be sufficient to conduct a major investigation. In addition, should an investigation ever be warranted on the existing organization, it is unlikely that the Plymouth police would conduct it given that the Plymouth Crime and Fire Prevention Fund is a recipient of the funds. The ordinance also proposes establishing a $250 investigation fee that would be paid by any new applicants. This would cover the cost of the initial investigation. The proposed action would have no impact on the $100 permit fee or the City -administered fund. All spending decisions related to the City -administered fund will be made by the City Council. We will present information on that fund to the Council along with the proposed 2005 budget. 4. BUDGET IMPACT: If the local gambling tax were eliminated, the gambling investigation fund would not continue to grow. This action is recommended because it is not desirable to continue collecting and holding funds that the City is unlikely to ever be able to spend. These funds can be better spent on charitable uses by the organization. 5. RECOMMENDATION: Adopt the attached ordinance eliminating the 3% local gambling tax and establishing a $250 investigation fee. Page 20 Adopted Minutes Special Council Meeting May 17, 2005 Mayor Johnson called a Special Meeting of the Plymouth City Council to order at 6:40 p.m. in the Council Chambers, 3400 Plymouth Boulevard, on May 17, 2005. COUNCIL PRESENT: Mayor Johnson, Councilmembers'LWillis, Hewitt, Stein, Black, Bildsoe (arrived at 6:50 p.m.), and Slavik (arrived at 7:141 p.m.). ABSENT: bone. STAFF PRESENT: City Manager Ahrens, Community Development Director Hurlburt, Captain Franz, Public Warks Director Cote, City Attorney Knetsch, Finance Director Hahn, Financial Analyst Kohn, Park and Recreation Director Blank, and City Clerk Paulson, Consider Use of Bio -Diesel Public Works Director Cote stated that staff researched using bio -diesel for City owned vehicles. He stated staff didn't find any negative reasons to not switch to this fuel. Therefore, staff would begin to use B-2 bio -diesel as soon as possible with the possible migration to B-5 and eventually B-20 bio -diesel in the future. He noted that this type of fuel could gel up in the winter months, but staff doesn't anticipate that to be a problem since all of the vehicles are stored indoors. He stated if in the future the use of this fuel isn't economically feasible, he would inform the Council. As similar to the use of E85 fuel, the Council requested an annual report on the use of this fuel. Discuss Uses of 10% Gamblinst Fund City Manager Ahrens stated the Council desired to discuss how to use the 10% City -administered gambling fund. She explained that the only current organization licensed to conduct lawful gambling in the City is the Plymouth Lions. She noted that a large portion of its expenditures is made to the Plymouth Crime and Fire Prevention Fund. She stated that currently, there is $20,389 in the fund. The fund could be used for any lawful purpose authorized under Minnesota. Statute 349.213, Subd. 1, "for lawful purposes, or for police, fire, and other emergency or public safety-related services, equipment, and training, excluding pension obligations". Therefore, the funds could be used for any typicaL, authorized City expenditure. Finance Director Hahn added that the City needs to submit an annual report each year on where the funds were spent. After discussing a number of possibilities, the suggestion was made to designate the funds towards the City's annual contribution to Music in Plymouth. They wouldn't bean "add cin°' of funds. Page 21 7 Adopted Council Minutes Special Meeting of May 17, 2005 Page 2 Motion made by Councilmember Hewitt, and seconded by Councihmember Bildsoe to designate the City -administered 10% gambling funds to Music in Plymouth as part of the City's annual contribution UK funds wouldn't be an "add on". With all members voting in favor, the motion carried. Prosecution Philosophiwith Respect to CityAttorney Services City Attorney Knetsch discussed with the Council their priorities and philosophy regarding prosecution services for the City. He stated that they meet with the City's Police Department throughout the year. The Council thanked Mr, Knetsch for his report and requested that on an annual basis, he provide a report to the {Council on prosecution figures for the year. Discuss Street Reconstruction Program and Speciffl, Assessinent Policy Financial Analyst Kohn highlighted sections of his report regarding a long-range plan for street reconstruction/resurfacing and associated financing, He stated while the Council has made some recent progress in an attempt to raise street condition, two major items still need to be addressed which are: 1, Adoption of a long-range plan for street reconstruction/resurfacing, 2. Modification of the City's current special assessment policy relating to street reconstruction/resurfacing. He discussed the five options contained in the report. The majority of the Council stated that they liked Option 4. This option would retain the level of expenditures proposed in the Capital Improvements Plan for the next three years. Expenditures would then increase by 10% per year from 2008 to 2412, 7.5% in 2013 and 2014, and 5% from 2015 to 2019. In order to raise condition as soon as possible, it is assumed that approximately 50% of funds will go to complete reconstruction, and 50% will go to mill -and -overlay for years 2008-2010. Thereafter, the City runs out of streets to mill -and -overlay and the split becomes 90% reconstruction and 10% mill - and -overlay. This would result in an average street condition rating declining slightly but theca returning to the current level of 66 by 2019. If the City's special assessment policy for street reconstruction remains at 30% of street reconstruction costs, this option would require a levy increase of $168 for the average home for street reconstruction by 2019. If special assessments were increased to 40% for reconstruction and resurfacing, the levy increase would be $19.9 for the average home by 2019. Councilmember Willis lead the Council in a discussion of increasing the tax levy to cover the greater share of the City's cost rather than, utilizing just debt service. Mayor Johnson stated this year there was a 10% increase in the tax levy in addition to debt service. She stated if there would be levy limits for 2006, she would be interested in reviewing other areas and move that portion of the levy to the street reconstruction area.. Page 22 Adopted Council Minutes Regular Meeting of November 8, 2005 Page 3 of 8 (6.08) Resolution Approving Final Release of Financial Guarantee for Carlson Terrace (2003087 — Res2005-413). (6.09) Resolution Repealing and Replacing Resolution No. B94-17 for Sign Variances for Vision of Glory Church located at 12360 State Highway 55 (Res2005-414). (6.111) Resolution Approving Agreement for Convenience Fares Reimbursements with Metropolitan Council (Res2005-415). (6.11) Resolution Approving the Request to the Metropolitan Council to Exercise Options for the Purchase of Eleven 40 -foot Low Floor Transit Buses (Res2005-416). (6.12) Resolution Supporting Continued Authority of Local Government regarding Franchising of Cable Services (Res2005-417)- Motion carried to approve the Consent Agenda. Public Hearings (There were no public hearings scheduled). General Business (8.1) Ordinance Amending Gambling Expenditure Trade Area City Manager Ahrens reported on the request of the Plymouth Lions Club to change the trade area for gambling expenditures. He stated their request is to amend the City Code so that 75% of their expenditures are to be spent in the trade area rather than 100%. Mery Bjerke, 15925 4`' Avenue, explained that they would like to donate to other charitable causes that wouldn't be in the trade area. Motion was made by Councilmember Black, and seconded by Councilmember Stein, to adopt an Ordinance Amending Chapter 1 I of the PlMouth City Code Concerning Charitable Gamblin Expenditure Trade Area (Ord2005-29). With all members voting in favor, the motion carried. (8,2) Setting Date for Joint City CouncillPlann ng Commission "Listening Session" on Lancs Use Plan for Northwest Plymouth Motion was made by Councilmember Slavik, and seconded by Councilmember Stein, to schedule a "Listenin Session" on the Land Use Plan for Northwest Plymouth on December 12 following the Truth in Taxation reconvene meetiniz. If there would be no Truth in Taxation reconvene meetina. this meeting would begin at 7:00 R.m. With all members voting in favor but Stein, the motion carried. Page 23 situation and possible solutions. 0 Ron Moore, 3725 Vinewood Lane, President of the Plymouth Lion's Club, addressed the City Council regarding the loss of the pull tab operation at Take's Sports Bar due to remodeling and change in theme. The Lions Club would like to replace that pull tab operation at Joe Sensor's Sports Bar. There is currently an ordinance which states gambling must be 650 feet away from as residence or daycare facility. Mr. Moore requested the City Council to amend the ordinance to decrease that distance in order to allow locations, such as .Toe Sensor's Sports Bar, to have lawful gambling. Community Development Director Juetten stated that Joe Sensor's Sports Bar is located 100 feet from a residential property. The 650 foot restriction applies to residential properties, churches, and schools. The Council requested a report from staff that would address the impact on properties throughout the City if the 650 foot distance requirement would be decreased. Presentations and Public Information Announcements Mayor Slavik presented a proclamation to Bobbi Leitner in recognition of her 38 years of service at the City of Plymouth. Bobbi Leitner is retiring September 11, 2008. Bobbi Leitner's leadership, experience, and professionalism have been an asset to the City of Plymouth and therefore, Thursday, September 11, 2008, is proclaimed to be Bobbi Leitner Day, Councilmember Stein added that Bobbi's has been a rale model for her peers in demonstrating dedication to the City of Plymouth and her presence will be greatly missed. (4.01) Recognition to Peter Larson for KARE-11's "Eleven Who Care" A proclamation was presented to Peter Larson who will be featured on television KART 11 awards for "Eleven Who Care" Mr. Larson is recognized for his contributions to Interfaith Outreach and Community Partners fundraiser winter sleep -out. He has raised the substantial amount nearing $70,000 during the past 2 years and has slept out 72 nights during the sleep - out. Therefore, September 10, 2008, was proclaimed as "Peter Larson Day„ in the City. (4.02) Acceptance of Donation of $2000 for Computers for Plymouth Creek Senior Center from Plymouth Rotary Parks and Recreation Director Eric Blank presented the City of Plymouth a check for $2,000 to purchase four compact computers for senior citizens' use. Rotarians have volunteered to teach the seniors how to use the computers and will assist them over the next year. (4.03) Announcement of the Autumn Art Fair on September 20 and Plymouth on Parade on October 4 Parks and Recreation Director Blank announced the annual Autumn Fair on September 20 at Parkers Lake and the Plymouth on Parade on October 4. Adopted Council Minutes 2 of 9 Regular Council Minutes Septernber R, 2008 Page 24 3U4 . With all members voting in favor, the motion carried 10 (8.3) Plans and Specifications and Order Advertisement for Bids for Timber Creek Improvements Project (8115) Lawrence Marofsky, 2835 Medicine Ridge Road, and bate Sorenson, 2.845 Medicine Ridge Road, addressed the Council regarding a 20 -foot wide easement on the Sorensons' property for surface drainage, and the request of the Marofkys' to grant a 40 -foot easement over their property, which they denied. They stated there's no question that the lover portion, the open channel, near Medicine Lake needs to be completed, but they would like to walk the creek with staff` to discuss the project in further detail. Public Warks Director Cote suggested that the Council table this project in order that staff can determine whether there is objection to the project or the casements. Motion was made by Councilmember Black and seconded by Councilmember Willis to table this item until staff can resolve issues with property owners. With all members voting in favor, the motion carried. Re vrts and Staff Recommendations (9.1) Request to Expand Charitable Gambling Area Community Development Director Juetten highlighted staff's report regarding Plymouth Lion Club's request for an amendment to the City Code that would allow their organization to conduct lawful gambling at Joe Senser's. The Council couldn't carne to an agreement, and with two Councilmembers being absent, the suggestion was made to table this item to the October 28 Council meeting. Motion was made by Councilmember Black and seconded by Councilmember Willis to table this item to October 2$, and staff was directed_tti provide a snap sliovir�g-tIe liquor k�usi�resses that could rivalii1 for lawfulzambling if the distance was measured 5�t1 feet fro;n the liouar establishment to residences. With all members voting in favor, the motion carried. (9,2) Future Study Sessions The Council scheduled the following meetings: 1. Closed meeting on October 28 at 530 p.m. to discuss labor negotiations. 2. ,Special meeting on November 10 at 6:00 p.m. for an update with the City Manager. 3. Special meeting on November 25 at 5:30 p.m. to discuss utility rate study. Adopted Council Minutes G of 7 Regular Meeting of October 14, 2008 Page 25 11 Councilmember Willis noted that the property owner has a very severe slope down to the trail whether the wall is constructed there or not. He questioned if something would need to be done to the south side of the trail and if the City could maintain the trail. Public Works Director Cote stated that the width of the trail is eight feet, and the property owner to the south would also need to be four feet away from the trail. Staff doesn't foresee a maintenance issue with the trail. Motion was made by Councilmember Black., and seconded by Councilinember Hewitt, to adopt a Resolution Anorovina Encroachment Ap-reement for a Modular Retainintz Wall located at 16650 —Res2008-333). With all members voting in favor, the motion carried. (8.1) Weed Eradication Assessment for 2025 Kilmer Lane North City Manager Ahrens discussed with the Council the chronological list of events in contacting Linda Wagner regarding weed eradication on her property, and most importantly the August 29, 2007 correspondence. Linda Wagner, 2025 Kilmer Lane, acknowledged receipt of notification of the June 12 or June 13, 2007 weed cut. She stated the City is holding her to a higher standard to maintain this area that is less than 12 square feet that the State owns. The City and commercial properties don't maintain the right-of-ways. Mayor Slavik stated the enforcement of the ordinance is based on a complaint basis. Roger Knutson stated in the City, the fee title is owned by the property owner. There could be exceptions. The question was asked of the City Attorney who is responsible for the maintenance of the property if it's State property. City Attorney Knutson replied if the property owner owns the fee title, they are responsible. However, if the fee title is owned by the State, they would be responsible. Motion was made by Councilmember Stein, and seconded by Counciimernber Hewitt, to lLVno assessment and directed staff to determine the rightful owner of the property and the correct procedure for maintenance in the future. With Stein, Black, and Hewitt voting yes, and Willis, Bildsoe, Murdock, and Slavik voting no, the motion failed. Motion was made by Councilmember Willis, and seconded by Councilmember Bildsoe, to adopt a Resolution Levying Assessment for Delinquent Weed Eradication for Property IDNo. 25-118- 22-14-00.05 (Res2008-334) with the direction to determine the rightful {owner of the property and the correct procedure for maintenance in the future. With Black, Willis, Bildsoe, and Murdock voting yes, and Stein, Hewitt, and Slavik voting no, the motion carried. (8.2) Request to E, xpand Charitable Gambling Area. Motion was made by Councilmember Hewitt, and seconded by Maur Slavik to take no action Adopted Council Minutes 6 of 8 Regular Meeting of October 28, 2008 Page 26 to ea€Mand the charitablegamb1hig, area. The Council discussed the pros and cons of charitable garbling in the City and if the Council were to amend the City Code to change the distance from residences, what would that distance be. In addition, would the distance be measured from a development's property line or from the business area inside the development, With Hewitt and Slavilc voting yes, and ,Stein, Black, Willis, Bildsoe, and Murdock noting no, the motion failed. Motion was made by Councilmember Stein, and seconded by-Councilmember Black, to direct staff to ,prepare a map and draft an Ordinance amending the City Code to change the 650 foot requirement so that it's treasured from the propertyline from the free standing buildingv This item would be added to the pending Study Session list to be scheduled for a Study Session in die future. With Steitz, Black, 'Willis, and Murdock voting yes, and Bildsoe, Hewitt, and Slavik voting no, the motion carried, (8.25) 2009-2013 Capital Improvement Program Councilmember Bildsoe suggested reevaluating a few projects that were included in the Capital Improvement Program (CIP) due to the uncertainty of the economy and the City's ability to tax. These projects include the West Medicine Lake Park building and improvements to the Made Performance Center. however, there could also be other projects that should be reevaluated. Motion was made by Councilmember Hewitt, and seconded by Councilmember Stein, to takeno action on the 2009-2013 Capital. Improvement Program and to schedule a Study Session on December 9 at 5,30 p.m. to discuss the CIP. With all members voting in favor, the motion carried. (8.3) Consideration of Design Consultant for Improvements at Hilde Performance Center The Council tabled this item indefinitely. (8.4) Payment No, 5 and Final for 2068 Street Sweeping Project (81116) Councilmember 'Willis led the Cotuicil in a discussion on the appropriate funding sources for this project. Motion was made by_Councilmember Willis, and seconded by Councilmember Bildsoe, to ado a Resolution Al)proving Request for Payment No. 5 and. Final for 2008 Street Swee in Project k8116 — Res2008-335) with $118,194,80 to come from the water resources fund and the remainder to come from the general fund. With all members voting in favor but Hewitt and Slavik, the motion carried. Adopted Council Minutes 7 of 8 Regular Meeting of October 28, 2008 Page 27 Johnson, the motion carried. Regarding Ms. Kent's offer to conduct a survey with the residents once the bids are received, Mayor Slavik discouraged this, but requested that residents with concerns contact the Councilmembers directly. (8,1.) Non -Resident Fee Surcharge for Recreation Programs Recreation Superintendent Evans reported on the proposed multi -tiered non-resident fee surcharge for recreation programs. Motion was made by Councilmember Johnson, and seconded by Councilmember Murdock, to adopt a Resolution Approving a Multi -Tiered Non -Resident Fee Surcharge for Recreation Programs (Res2009-0434. With all members voting in favor but Black and Bildsoe, the motion carried. (8.2) Charitable Gambling [ordinance Community Development Director Juetten presented a report that was requested by the Council regarding amending the amourit of distance from an establishment that is licensed for lawful gambling to a dwelling, school, or place ofvvorship. _... Motion was made by Councilmember Bildsoe. and seconded by Councilmember Johnson, to direct staff to prepare for the February 24 Council meeting. an Ordinance amending Section. 1105, Subd. 4 of the City Code to state that "no premise permit shall be issued for any location within Safi feet of any dwelling (residence), school or place of worship. The distance shall be measured from the edge of a free standing building or tenant space of a business in a multi -tenant building to the nearest point of the parcel or lot upon which the residence, school, or dace of worship is located." With all members voting in favor but Slavik and Black, the motion carried. (8.3) 2409 Goals and Legislative Priorities Motion was made by Councilmember Johnson, and seconded by Councilmember Black, to improve the 2009 Goals and Legislative Priorities. With all members voting in favor, the motion carried. Mayor Slavik requested that Councilmembers provide dates to the City Manager on when they could meet with the legislators to discuss the legislative priorities. Reports and Staff Recommendations (9.1) Schedule Study Session for Discussion on the Closing of the Pilgrim Elementary School The Council scheduled a Study Session on March 10 at 6:00 p.m. to discuss the closing of the Pilgrim Lane Elementary School. Adopted Councit Minutes 4 of 5 Regutar Meeting of February 10, 2004 Page 28 12 Motion carried to approve the Consent Agenda. Public Hearings (7.1) Plymouth Revolving.Loan Fund Application Brom Elliot Ventures (dba Seacole-CRC, Inc.) (Res2009-053) Housing Manager Barnes reported on the proposed application. The suggestion was made to add an additional interest rate of 200 basis points below that of primary financing with, a term of 20 years. Mayor Slavik opened the public hearing. Gregg Elliott, applicant, stated they support the recommended change in the interest rate and term of the loan. Mayor Slavik adjourned the public hearing. Motion was made by Councilmember Willis, seconded by Councilmember Johnson, to adopt Resolution AMr6vjgg the Issuance of a Loan to Elliot Ventures LLC and Seacole-CRC Inc,. through the Pl outh Economic Development Revolving Loan Fund with the amended interest ` 1 rate of 200 base points below that of primary financing with a term of 20 years (Res2009-053). With all members voting in favor, the motion carried. General Business ($.1) Ordinance Amending Section 1105 of the Plymouth City Code concerning Lawful Gambling The Council discussed the proposed ordinance that would change the distance requirement of 650 feet to 500 feet from residential dwellings, places of worship, and schools for lawful gambling establishments. Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt the ordinance. Motion was made by Councilmember Johnson, seconded by Councilmember Johnson. to table this item to the March 10 meetin . With all members voting in favor but Bildsoe, the motion carried. ports_and Staff Recommendations Adopted Council Minutes 3 of 4 Regular Meeting of February 24, 2009 Page 29 13 (Res2009-063). (6.12) Resolution Approving a Tobacco License for Walgreen Co., blbla Walgreens No. 12510, 6025 Shenandoah Lane North (Res2009-064). (6.13) Approval of comments on the City of Wayzata's 2030 Comprehensive plan. Motion carried to approve the Consent Agenda. Public Hearings (7.1) Off --Sale Liquor License for Vinifera Wines and Ales, Inc.,1400 County Road 101 North, Suite K5 City Clerk Engdahl reported on the proposed application. Mayor Slavik opened the: public hearing_ Mayor Slavik adj ourned the public hearing. Motion was made by Councilmember Bildsoe, seconded by Councilnrmember Willis. to adopt a Resolution A ronin an Off -Sale Intoxicating Li uor License for Vinifera Wines and Ales 1 Inc.. d/b/a Vinifera Wines and Ales, Inc., 1400 County Road 101 North, Suite K5 (Res2009- 065 . With all members voting in favor, the motion carried. General Business (8.1) Ordinance Amending Section 1105 of the Plymouth City Code Concerning Lawful Gambling (Ord2OO9-04) Mayor Slavik stated there is a motion on the table from the previous Council meeting to adopt the proposed Ordinance. Following a few brief comments, the Council voted on the motion. With Bildsoe, Johnson, Murdock, and Stein noting yes, and Black, Willis, and Slavik voting no, the motion carried. (8.2) Public Arts Policy Recreation Supervisor Greupner reported on the proposed public arts policy. Motion was b, Councilmernber Bildsoe, seconded by Councilmember Willis, to adopt a Resolution Approving Public Arts Policy (Res2009-066). With all members voting in favor, the motion carried. Adopted Council Minutes 3 of 4 Regular Meeting of March 10, 2009 Page 30 14 neighborhoods could be separated and combined with other projects in 2010 and 2011. Motion was made by Councilmember Willis, and seconded by Councilmember Stein, to adopt a Resolution to reject All Bids for the 2009 Street Reconstruction Project (9101 — Res2009-095). Mayor Slavik did not open the public hearing as there was no motion to move forward with the project. She asked the public to speak only in relation to the motion to reject the bids. The following residents spoke against rejecting the bids: 1. Paul Gregoire, 14910 43`$ Ave North 2. Donald Moore, 245 Lanewood Lane 3. Bob Brill, 4275 Kingsview Lane 4. Ethan Roberts, 4330 Kingsview Lane Bruce Boetzer, ASTECH Corporation, believes staff has errored in recommending the rejection of all bids. He requested his bid be considered, and he distributed handouts to Council. City Attorney Knutson addressed language regarding responsible bidder criteria. Verlyn Shoep, PARK Construction, requested that the Council accept their bid as the lowest and responsible bid. They would work with the residents during the construction. Mayor Slavik stated there is no ill will towards the contractors submitting bids; Council had. hoped to see louver bids come in. With Willis, Bildsoe, Johnson, Murdock, and Slavik voting yes, and Stein and Black voting no, the motion carried.. Council directed staff to look at combining Kingsview Heights and Circle Park neighborhoods with other construction projects in 2010 and 2011. Mayer Slavik thanked residents for attending and reiterated that there would be no street reconstruction project for Kingsview Heights and Circle Park neighborhoods at this time. General Business (8.1) Application of Plymouth Lions Club to conduct Lawful Gambling at doe Sensers Sports Grill and Bar, 16605 County Road 24, Suite 210 City Manager Ahrens gave a report on the application. Motion was made by Councilmember Bildsoe. and seconded by Councilmember Murdock. to adopt a Resolution Approvin the Application of Plymouth Lions Club for Lawful. Gambling at Joe Sensers Grill and Bar 166.05 County Road 24, Suite 210 (Res2009-0457. With Willis, Bildsoe, Johnson, Murdock, and Stein voting yes and Black and Slavik voting no, the motion Adopted Council Minutes 4 of 5 Regular Meeting of April 14, 2009 Page 31 15 carried. (8.2) Lawful Gambling at Cowboy Jack's, 4120 Berkshire Lane North City Manager Ahrens gave a report on the proposed ordinance as well as the applications of both the Plymouth and Maple Grove Lions. Motion was made by Councilmember Willis, and seconded by Councilmember Johnson, to adopt an Ordinance Amendiniz Section 1105.09 of the City Code Concerning Lawful Gambling (O'rd2009-05). Mark Wills and Phil Leith, from the Maple Grove Lions Club, requested approval of their application. With all members voting in favor, the motion carried. Motion was made by Councilmember Johnson, and seconded by Councilmember Murdock, to adopt a resolution Uprovin the Plymouth Lions Lawful Gambling. License Application for Cowboy Jacks (Res2009-0971 With Bildsoe, Johnson, Murdock, Sten, and Wily voting ,yes, and Slavik and Black voting no, the motion carried. Motion was made by Councilmember Johnson, and seconded by Councilmember Bildsoe,.to - deny the Ma le Grove Lions Lawful. Gambling License Application for CoVvboy Jacks ges2009-098). With all members voting in favor, the motion carried. (8.3) Unaudited 2008 Financial Report Administrative Service Director Portner gave a report on the 2008 Financial Report. He stated staff would be providing a final report in the near future. Reports and Staff Recommendations (9.1) Legislative Update There were no comments. ,adjournment Mayor Slavik adjourned the meeting at approximatelyA37 p.m. Kimberly ` 6son, Deputy City Clerk Adopted Council Minutes 5 of 5 Regular Meeting of April 14, 2009 Page 32 CITY OF PLYMOUTH HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 2009-05 AN ORDINANCE AMENDING SECTION 1105.09 OF THE PLYMOUTH CITY CODE CONCERNING LAWFUL GAMBLING THE CITY OF PLYMOUTH ORDAINS: SECTION 1. Section 1105.09 of the Plymouth City Code is amended to read: 1105.9. Authorized Organizations. An organization shall not be eligible to conduct lawful gambling in the City of Plymouth unless it meets the qualifications in Minnesota §349.15 Subd. 2, and also meets at least one of the following conditions: Subd. 12. The physical site for the organization's headquarters or the registered business office of the organization is located within the City dity eenfig�ueus to the City afid has been loeated n, the GitJ o�rcc , unk seati- �. t� git f at least two (2) years a4it zs immediately preceding application for a license; or Subd. 32. The organization owns real property within the City and the lawful gambling is conducted on the property owned by the organization within the City; or Subd. 43. The physical site where the organization regularly holds its meetings and conducts its activities, other than lawful gambling and fund raising, is within the City and has been located within the City for at least two (2) years immediately preceding application for a license. Subd. -54. The organization is a fire relief organization that provides fire protection services to the City. SECTION 17. Effective Date. This ordinance shall be effective upon it-, passage. Adopted this 14'h day of April, 2009 by the City Council of the City of Plymouth, Minnesota. CITY OF PLYMOUTH ia"IW- Kelli Slavik, Mayor Page 1 Page 3 3 Public Hearings (7.01) Vacation of a portion of a Drainage and Utility Easement for O utlotA, Terra Vista Addition Public Works Director Cote reported on the proposed vacation. Mayor Slavik opened the public hearing. Mayor Slavik closed the public hearing. Motion was trade by Councilmember Willis, and seconded by Councilmembcr Johnson., to adopt a Resolution Authorizing the Vacation of a Portion of a Platted Drainage and Utility Easement within ©utlot A and Two TemporM Cul -de -Sac Easements in Terra Vista Addition (Res2013- U 151. With all members voting in favor, the motion carried. General Business (8.01) Consider Lawful Gambling Request of Hamel -Plymouth VFW Post 5903, 19020 Hamel Road Administrative Services Director Callister stated that the City is in receipt of a request by the Hamel -Plymouth VFW Post 5903 to amend the current Lawful Gambling ordinance to eliminate or strike the distance requirements in the charitable gambling ordinance for fraternal organizations only. Currently the building is located within 75' of residential properties. Councilmember Slack asked what type of residences are located within 75' of the establishment. Administrative Services Director Callister replied single family residences. Councilmember Johnson asked if this was the only fraternal organization in Plymouth. Community Services Director Juetten replied yes. Paul Mercer, Quartermaster of Harrel -Plymouth VFW Post 5903 addressed the Council. He stated that their neighbors have no objections to charitable gambling at the VFW Councilmember Willis asked how long this post has been in existence? Mr. Mercer replied that they celebrated their 50th anniversary last year. They were established as an organization in 1972 and moved to Plymouth a few years later. Councilmember Wosje asked if this amendment were granted, what would the purpose be for having lawful gambling, what would be the Lions Club share and how would this benefit the community? Adapted Minutes 4 of 9 Regular Meeting, of January 8, 2013 Page 34 16 Mr. Mercer replied that fust the VFW takes care of the veterans, widows, orphans of the organization. The VFW is very active in the community, supporting the programs for softball, teachers, firefighters, and parades. The VFW likes to do good for the community. Currently WWII veterans make up a majority of'the membership. If charitable gambling were allowed, the increased revenue would permit the VFW to give back that much more to the members and community without having to raise the mernberslup dues. Mayor 5lavik read the description of a non-profit organization which is "a branch, lodge, or chapter of a national or state organization registered by the IRS as a 50108 or 501 CIO non-profit organization exists for the common business fraternal or ether interest of its members. The term does not include college and high school fraternities and sororities" Administrative Director Callister displayed a map illustrating the residences located within 75'of the VFW, Councilmember Stein asked if we allow the exception, would this change the liquor license application process. Administrative Director Callister replied no. Mayor Slavik stated that her concern is that if the City allows this exception, how this would affect future establishments. Councilmember Johnson stated that when the ordinance was drafted, there was a lot of thought to protect the City's residents. To her knowledge, the City has not experienced any trouble or has heard of any problems its relation to any gambling in the City. However, resident input should be heard. This should move to the next level. Councilmember Willis stated that he would like to maintain some conservatism an this ordinance. He has no objection to the amendment; however it should be changed to add a clause to the effect of a fraternal organization occupying the same site since 1975..Therefore if a new organization came in they would also have to apply for a variance'or exemption. Motion was made by Councilmember Willis, and seconded by Councilmember Johnson to accept the ordinance as amended, and to change Section 1105.11, Subd. 4 to read "Except for a premises permit issued to a fraternal organization for a location at which the fraternal location has been since on or before 1975," Ord2013-001. With all members voting in favor, the motion carried. (8,02) Consider Conditional Use Permit forA nerco Real Estate Co./Truck and Trailer Rental in conjunction with Self Storage at 1225 Highway 169 Community Development Director Juetten gave a report on the application for a conditional use permit for Amerco Real Estate Company to operate a U -Haul facility at 1225 Highway 169. They are also requesting two variances. Staff recommends all applications be approved except the parking of additional vehicles in the front lot. The Planning Commission recommended that all items be approved, under the condition that the applicant come hack with landscaping plan that Adopted Minutes 5 of 9 'Regular Meeting of January S, 2013 Page 3 5 Plymouth City Code 1105.01 Section 1105 - Lawful Gambling 1105.01. Purpose. The purpose of this Ordinance is to regulate and control the conduct of gambling, to insure integrity of operations, and to provide for the use of net profits only for lawful purposes. (Ord. 2003-02, 112812003) 1105.02. Provisions of State Law Adopted. The provisions of Minnesota Statutes, Chapter 349, are hereby appointed and made a part of this Ordinance as it set out in full. (Ord. 2003-02, 1/28/2003) 1105.03. Lawful Gambling. There shall be no gambling in the City except as authorized pursuant to the provisions of Minnesota Statutes, Chapter 349, and the rules adopted pursuant to the authority contained in the statutes. Gambling shall be operated in accordance with the terms and conditions specified in this division, other applicable Plymouth City Ordinances and state and federal laws and regulations. (Ord. 2003-02, 1/2812003) 1105.04. City Permit Required. Except for an organization licensed by the Board, no person may conduct a gambling event which would otherwise be allowed pursuant to the exclusions and exemptions set forth in Minnesota Statute 349.166, without first securing a permit from the City and paying a permit fee in the amount of $100. (Ord. 2003-02, 112812003) 1105.05. City Approval Required. Subdivision 1. Premises Permit. No person may conduct a gambling event within the City, without first securing a premises permit from the Board, with a resolution from the Council approving the premises permit. The Owner of the premises for which a premises permit is issued must comply with the requirements of Minnesota Statute 349.18 in renting or using the premises for lawful gambling. (Ord. 2001-08, 2/27/2001; Ord. 2003-02, 1/2812003) Subd. 2. Bingo Hall License. No person may lease a facility to more than one organization to conduct bingo without the Council first approving by resolution, a current and valid bingo hall license issued by the Board. (Ord. 2001-08, 212712001; Ord. 2003-02, 112812003) A. On premises licensed for the sale of intoxicating liquor, non -intoxicating liquor or wine, or on premises having club licenses pursuant to Minnesota Statutes, Chapter 340, as amended, or Chapter XII of this Code. B. On premises that are not owned or leased by the applicant. 17 C. If the activity conducted on the premises is not a lawful use of the property in accordance with the applicable provisions of state law and the regulations and ordinances of the City. Page 36 D. If there are delinquent real estate taxes or special assessments payable with respect to the premises. Page 37 Plymouth City Code 1105.05, Subd. 2 E. If the applicant fails to provide the City with any relevant information requested by the City. F. If the applicant has not been in existence for at least three years or does not have at least 30 active members as of the date of the application. G If, in the judgment of the Council, the conduct of bingo on the premises will adversely affect the public health, safety or welfare. 1105.06. Application/Reporting Regulations/Investigation. Subdivision 1. Each organization licensed to conduct lawful gambling in the City shall complete the City's investigation form, submit copies of all state gambling application forms, all records and reports required to be filed within the State Gambling Control Board pursuant to Minnesota Statues, Chapter 349, and the rules and regulations promulgated thereunder, and submit any additional information required by the City. Subd. 2. Any organization leasing premises for the conduct of lawful gambling shall, upon request from the City, file with the City a copy of the lease within one week after execution of the lease. The lease shall not provide for rental payments based on a percentage of receipts or profits from lawful gambling. Subd. 3. Upon receipt of an application for a premises permit or bingo hall license or renewal thereof, the Police Chief shall review the application and make a recommendation to the City Council. As part of the investigation, the Police Chief shall obtain from the applicant or the board the data and background information submitted by the applicant as part of the state licensing and premises permit application. The Police Chief shall also obtain other information received by the board pertaining to the eligibility and qualifications of the licensed organization to conduct or continue to conduct lawful gambling at the premises specified in the application. Subd. 4. Every gambling event in the City conducted by an organization under state license shall be open to inspection by the City and the County Sheriff's Department. Subd. 5. The City may inspect, at any reasonable time without notice or search warrant, all records of a licensed organization required to be maintained by the State Gambling Control Board. (Ord. 2003-02, 1/28/2003) 1105.07 Local Investigation Fee. An investigation fee in the amount set forth in Chapter X is imposed on organizations or bingo halls applying for or renewing a license to conduct lawful gambling or operate a bingo hall. (Ord. 2003-02, 1128/2003; Ord. 2004-12, 7/27/2004) 1105.08. Notice, Approval or Disapproval of Premises Permits. Subdivision 1. Notice. The Board shall notify the Council pending application or renewal for a premises permit or Page 38 Plymouth City Code 1105.08 bingo hall license. The applicant shall cooperate fully with the City in supplying all information provided for in this ordinance. The Council shall determine whether the organization meets all the criteria provided for in this Ordinance necessary to approve a premises permit or bingo hall license. Subd. 2. Approval or Disapproval. Each pending application for a premise permit or bingo hall license shall be approved or disapproved by resolution of the Council within 60 days or receipt of a complete application. (Ord. 2003-02, 1128/2003) 1105.09. Authorized Organizations. An organization shall not be eligible to conduct lawful gambling in the City unless it meets the qualifications in Minnesota Statute 349.16, Subd. 2, and also meets at least one of the following conditions: Subd. 1. The physical site for the organization's headquarters or the registered business office of the organization is located within the City at least two years immediately preceding application for a license; or Subd. 2. The organization owns real property within the City and the lawful gambling is conducted on the property owned by the organization within the City; or Subd. 3. The physical site where the organization regularly holds its meetings and conducts its activities, other than lawful gambling and fund raising, is within the City and has been located within the City for at least two years immediately preceding application for a license. Subd. 4. The organization is a fire relief organization that provides fire protection services to the City. (Ord. 2003-02, 1/28/2003; Ord. 2009-05, 4/14/2009) 1105.10. Qualifications. The Council shall not adopt a resolution approving a premises permit or bingo hall license from any applicant: Subd. 1. Which has an officer, director, or other person in a supervisory or management position, who: A. Has ever been convicted of a felony; B. Has ever been convicted of a crime involving gambling; C. Is not of good moral character and repute; Page 39 Plymouth City Code 1105. 10, Subd. 1 D. Has ever been convicted of (i) assault, (ii) a criminal violation involving the use of a firearm, or (iii) making terroristic threats; or Subd. 2. Which owes or which has an officer, director, or other person in a supervisory or management position, who owes delinquent local, state or federal taxes, or is delinquent on any other City bill. (Ord. 2003-02, 1 /28/2003) 1105.11. Location Criteria for Premises Permits and Bingo Hall Licenses. All organizations applying for a premises permit or bingo hall license must meet criteria set forth herein relating to location of lawful gambling activities. Subd. 1. An organization may conduct lawful gambling only on premises it owns or leases, except as authorized by Minnesota Statute 349.18. Subd. 2. Gambling in the City may be conducted only in the licensed organization's hall where it has its regular meetings or in a licensed on -sale liquor, wine and beer establishment. Subd. 3. No location shall be approved unless it complies with the applicable zoning, building, fire and health codes of the City and other regulations contained in this Ordinance. Subd. 4. Area Prohibited. Except for a premises permit issued to a fraternal organization for a location at which the fraternal location has been since on or before 1975, no premises permit shall be issued for any location within 500 feet of any dwelling (residence), school or religious institution. The distance shall be measured from the edge of a free standing building or tenant space of a business in a multi -tenant building to the nearest point of the parcel or lot upon which the residence, school, or place of worship is located. (Ord. 2009-08, 5/12/2009; Ord. 2013-01, 1/8/2013) (Ord. 2003-02, 1/28/2003; Ord. 2009-04, 3/10/2009) 1105.12. Distribution of Proceeds. Subdivision 1. Each organization licensed to conduct gambling within the City shall contribute to a fund administered and regulated by the City, for distribution by the City for purposes authorized under Minnesota Statute 349.213, Subd. 1, an amount equal to 10% of the organization's net profits derived from lawful gambling. For purposes of this Section, net profits are profits less amounts expended for allowable expenses. Payments to the fund shall be calculated for quarterly periods ending on the last days of March, June, September and December of each year. Quarterly installment payments shall be submitted together with verifiable supporting documentation, not later than the twentieth day of the month following the end of the quarterly period. Subd. 2. Each organization conducting lawful gambling within the City must expend 75% of its lawful purpose expenditures on lawful purposes conducted or located within the trade area of the City, which shall be limited to the corporate limits of the City or any municipality Page 40 Plymouth City Code 1105.12, Subd. 2 contiguous to the City. This section applies only to lawful purpose expenditures of gross profits derived from lawful gambling conducted at premises within the City. Annually, each organization must file with the City a report prepared by an independent certified public accountant documenting compliance with this Section. In addition, each organization must submit a report to the City each January listing all lawful purpose expenditures from January 1 through December 31 of the preceding year. (Ord. 2005-29, 11/08/2005) The report shall identify the name of the entity to whom the check was written, the City location of the recipient and the amount of the donation. (Ord. 2003-02, 1/28/2003) 1105.13. Penalties. Subdivision. 1. Violation. Violation of any provision of this Ordinance shall be a misdemeanor. Nothing in this Ordinance shall preclude the City from enforcing this Ordinance by means of any appropriate legal action. Additionally, a violation of this Chapter shall be reported to the Board and a recommendation shall be made for suspension, revocation or cancellation of an organization's license. Subd. 2. Suspension and Revocation. Any permit may be suspended or revoked for any violation of this Ordinance. A permit shall not be suspended or revoked until the procedural requirements of Subsection C have been complied with, provided, that, in cases where probable cause exists as to an ordinance violation, the City may temporarily suspend upon service of notice of the hearing provided for in Subsection C. Such temporary suspension shall not extend for more than two weeks. Subd. 3. Procedure. A permit shall not be revoked until notice and an opportunity for a hearing have first been given to the permittee. The notice shall be personally served and shall state the ordinance provision reasonably believed to be violated. The notice shall also state that the permittee may demand a hearing on the matter, in which case the permit will not be suspended until after the hearing is held. If the permittee requests a hearing, one shall be held on the matter by the Council at least one week after the date on which the request is made. If, as a result of the hearing, the Council finds that an ordinance violation exists, then the Council may suspend or terminate the permit. (Ord. 2003-02, 1/28/2003) 1105.14. Enforcement ResponsibilitX. Nothing in this ordinance shall be construed to require the City to undertake any responsibility for enforcing compliance with Minnesota Statutes, Chapter 349, other than those provisions related to the issuance of premises permits as required in Minnesota Statute 349.213, as may be amended from time to time. (Ord. 2003-02, 1 /28/2003) Page 41 Plymouth City Code (This page left blank intentionally) 1105 Page 42 City of Plymouth Memo Date: March 10, 2015 To: Dave Callister, City Manager From: Jodi Bursheim, Finance Manager CC: Luke Fischer Subject: Lawful Gambling The Lawful Gambling reports have been filed in compliance with the March 15th deadline. The fund is comprised of two components; 3% Lawful Gambling Regulatory Tax program and 10% Lawful Gambling Contribution program. The 3% Lawful Gambling Regulatory Tax program has been earning only interest since 2005 as the City no longer collects the 3% tax but has opted to charge an investigation fee instead. The funds are restricted to be used for charitable gambling enforcement. The balance in this fund at the end of 2014 is $13,399.63. The 10% Lawful Gambling Contribution program received $16,289.00 from Plymouth Lions, $6,740.18 from Armstrong Cooper Youth Hockey Association (ACYHA), and $12,055.60 from Wayzata Youth Hockey Association for a total contribution of $35,084.78 for 2014. Including interest earnings of $171.19, the amount in this program of $35,255.97 was transferred over to Park & Recreation to assist in funding Music in Plymouth as directed by Council. I have attached the donation detail list outlining donations made to various organizations from Plymouth Lions. All proceeds received by Wayzata Youth Hockey Association go towards the purchase of ice time at Central Middle School and Plymouth Ice Center; as well as improvements to the program. Most proceeds by Armstrong Cooper Youth Hockey Association go towards the purchase of ice time at the City of New Hope. The remaining proceeds from ACYHA get donated to various organizations; a copy detailing the donations is also attached. Please let me know if you have any questions or would like additional information. Thank you. Page 43 DONATIONS MADE BY ACYHA Recipient 2014 Totals Roundy (Maple Grove LionsO 4,000 $ 4,000 MG Girls Lax Booster 836 $ 836 MG Girls Swim 8 Dive 1,000 $ 1,000 MG Boys Swim Dive 1,000 $ 1,000 MG Fire Dept 1,500 $ 1,500 MG Crime Prevention 1,500 $ 1,500 Osseo Wrestling Booster 836 $ 836 MG Volleyball 836 $ 836 Osseo Girls Swim Team 836 $ 836 City of New Hope (ice time) 115,000 $ 115,000 Osseo/MG Youth Hockey 1,000 $ 1,000 Step (Toby Keith's) 673 $ 673 Maple Grove Lions (Target) 3,550 $ 3,550 TOTALS $132,567 $132,567 Page 1 of 1 Page 44 19 20 Page 1 of 2 Page 45 DONATIONS MADE BY PLYMOUTH LIONS Recipient 2007 2008 2009 2010 2011 2012 2013 2014 Totals Admissions Possible 3,000 1,000 2,500 $ 6,500 Andrew Quirk (HOBY) 400 $ 400 American Cancer Society 1,000 1,000 1,000 $ 3,000 Appletree Dental 500 2,000 $ 2,500 Art Start 500 $ 500 Benilde St Margaret (Fountain of Hope) 1,500 $ 1,500 Boy Scouts of America 500 1,300 828 500 $ 3,128 Camp Courage 100 3,100 1,000 $ 4,200 Can -Do Canines 1,000 250 2,000 5,400 3,500 $ 12,150 Cavanaugh Early Children Ctr. 250 1,500 $ 17750 Childrens Chance 250 $ 250 Childrens Hospital Foundation 2,500 2,500 1,500 2,000 1,500 $ 10,000 Christopher Benz Memorial Event 200 $ 200 Cole Mullins 300 $ 300 College Possible 2,500 1,500 $ 4,000 Companion Dog Collection 1,000 $ 1,000 Cookie Cart 2,000 500 1,000 500 500 $ 4,500 Cooper Legacy Project 500 500 1,000 1,000 $ 3,000 Courage Center 2,000 2,500 2,500 3,000 $ 10,000 Crisis Nursery 1,000 2,500 3,000 3,000 $ 9,500 Dan Cook/Katie Cook Benefit 1,000 $ 1,000 The Dane Foundation 500 $ 500 Defeat Hearing Loss Foundation 1,000 $ 1,000 Destiniation Imagination 500 500 500 500 $ 2,000 5M5 Lions 100 $ 100 Feed my starving children 500 $ 500 Four Seasons Eye Care 1,000 $ 1,000 FDTN Fighting Blindness 500 $ 500 Gilda's Club 2,500 3,000 2,000 $ 7,500 Gillette Children's Hospital 2,500 2,000 2,000 $ 6,500 Hammer Group Homes 250 1,000 2,000 2,000 $ 5,250 Hayes, Jamie - Citizenship Award 2,000 4,000 $ 6,000 Hearthstone of MN 1,000 $ 1,000 Helping Paws 6,000 $ 6,000 Hennepin Tech College 5,000 10,000 5,000 2,000 3,000 3,000 10,000 $ 38,000 Home Free 95 2,000 1,000 1,000 4,000 4,000 5,000 $ 17,095 Homeward Bound 2,000 1,000 1,000 1,000 2,000 $ 7,000 Interfaith Outreach 1,500 3,500 4,000 1,000 6,000 12,161 15,000 $ 43,161 Kids Care Connection 1,000 2,000 $ 3,000 Leader Dogs for the Blind 1,000 1,000 3,000 2,000 $ 7,000 Library Foundation 1,000 $ 1,000 Lions Childrens Hearing Center 1,000 $ 1,000 Lions Club International 2,000 4,000 3,000 $ 9,000 Lions Diabetes Foundation 1,000 3,000 2,000 $ 6,000 Lions 5M5 100 $ 100 Lions MD5M Hearing Foundation 1,000 6,000 1,000 $ 8,000 Lions Multiple Dist. Hearing 1,000 1,000 -1,000 3,000 $ 4,000 Lions Youth Exchange 200 200 $ 400 Make a Wish Foundation 200 1,000 6,500 $ 7,700 Medicine Lake Community Center 837 $ 837 Medicine Lake Fire Dept. 1,000 1,000 1,000 1,000 1,000 1,000 1,000 $ 7,000 Page 1 of 2 Page 45 20 Page 2 of 2 Page 46 DONATIONS MADE BY PLYMOUTH LIONS Recipient 2007 2008 2009 2010 2011 2012 2013 2014 Totals Melonoma Awareness 2,000 500 $ 2,500 Mike Heiman Fund 1,000 $ 1,000 Minnesota Lions 135 $ 135 Minnesota Lions Eye Bank 1,000 2,000 1,000 2,000 4,000 $ 10,000 Minneapolis Eye Center 2,857 $ 2,857 MN Lions Vision Foundation 2,000 $ 2,000 Missons Inc 0 $ - Music in Plymouth 500 500 500 500 $ 2,000 No barriers food shelf 250 $ 250 Northern Plains Sports Camp 600 1,200 2,000 $ 3,800 Northern Star Council BSA 1,000 $ 1,000 Northern Voices 4,000 4,000 $ 8,000 Park Nicollet Diabetes Center 1,000 $ 1,000 Plymouth Crime and Fire 43,608 25,390 5,000 2,000 2,000 2,000 4,800 $ 84,798 Plymouth Historical Society 500 500 500 1,000 $ 2,500 Plymouth Park and Rec 390 $ 390 Plymouth Vision Center 470 1,570 2,071 510 1,983 2,435 2,342 1,122 $ 12,503 Plymouth Youth Baseball 200 $ 200 Prism 5,000 1,500 1,000 1,000 1,000 15,261 15,000 $ 39,761 Project New Hope 1,000 3,000 2,000 2,000 $ 8,000 Reach for Resources 1,000 500 $ 1,500 Robbinsdale Adaptive Need 500 $ 500 Robbinsdale Area Schools 500 3,500 1,000 1,000 1,000 1,000 2,500 4,000 $ 14,500 Salvation Army 1,000 $ 1,000 Seeing Hands 500 300 $ 800 Sight First 2,000 1,000 3,000 2,000 $ 8,000 Sharing and Caring Hands 2,109 $ 2,109 Shirley Graziano 1,150 $ 1,150 Special Olympics 2,000 2,500 $ 4,500 St. David Child Dev. Et Family 600 600 600 700 700 750 $ 3,950 Step 1,000 $ 1,000 Sunset Hills Elementary 1,000 $ 1,000 Tacheny, Kelsie 1,000 $ 1,000 The Toys 1,000 $ 1,000 Teens Alone 2,000 3,000 1,000 1,000 1,500 2,000 2,000 $ 12,500 TLC Toys 1,500 1,500 1,000 $ 4,000 Tree House 2,000 500 2,000 2,500 4,000 $ 11,000 Trees for Mpls 300 $ 300 True Friends 3,000 4,000 $ 7,000 Vision Walk 1,000 1,000 $ 2,000 We love to Play 1,000 1,500 $ 2,500 West Medicine Lake Community 500 1,500 $ 2,000 West Suburban YMCA 500 500 1,000 1,000 $ 3,000 Yellow Ribbon Campaign 1,000 1,000 2,000 $ 4,000 TOTALS $60,423 $58,060 $38,761 $19,010 $31,683 $96,970 $121,801 $123,816 $550,524 Page 2 of 2 Page 46 Expense Report Armstrong Cooper Youth Hockey Page 1 21 05723-009 From 1/1/2014 to 12/31/2014 Date Check Written Number Payee Description Total For Site 05723-009 SUNSHINE FACTORY For ALLOWABLE For ACCOUNTING SERVICES 1/10/2014 011014c Paychex Fees 72.60 1/17/2014 7317 CliftonLarsonAllen Monthly Reports & 990's????? 519.00 2/6/2014 7341 CliftonLarsonAllen Monthly Reports & Ubit Audit 264.00 2/10/2014 021014d Paychex Fees 127.91 3/10/2014 031014d Paychex Fees 69.64 3/20/2014 7392 CliftonLarsonAllen Reports/MN Audit 183.00 4/10/2014 041014c Paychex Fees 69.33 4/28/2014 7423 CliftonLarsonAllen Feb 2014 Reports 120.00 5/12/2014 051214d Paychex Fees 109.48 5/25/2014 7449 CliftonLarsonAllen Monthly Reports 120.00 6/10/2014 061014 Paychex Fees 87.72 6/30/2014 7471 CliftonLarsonAllen Monthly Reports 138.00 7/1/2014 7480 Jere Bartz Prep Work Taxes 40.25 7/10/2014 071014a Paychex Fees 82.37 7/31/2014 7498 CliftonLarsonAllen Monthly Reports 138.00 8/10/2014 7506 CliftonLarsonAllen Monthly Reports 121.50 8/11/2014 081114c Paychex Fees 74.42 9/10/2014 091014h Paychex Fees 83.04 9/10/2014 091114c Paychex Fees -91.34 9/10/2014 091014b Paychex Fees 91.34 9/25/2014 7536 CliftonLarsonAllen Monthly Reports 138.00 10/21/2014 102114g Paychex Fees 82.93 10/22/2014 7563 CliftonLarsonAllen Monthly Reports 138.00 10/31/2014 7578 Jere Bartz Audit Fee 931.50 11/10/2014 111014a Paychex Fees 163.74 11/20/2014 7606 CliftonLarsonAllen Monthly Reports 162.00 12/10/2014 121014a Paychex Payroll Fees 117.68 12/31/2014 7638 CliftonLarsonAllen Monthly Reports 180.00 Total of ACCOUNTING SERVICES 4334.11 For ADVERTISING EXPENSE 7/10/2014 7486 J.D. Graphics Polo Shirts per Warren Walberg advertising 171.12 Total of ADVERTISING EXPENSE 171.12 For COMPENSATION 1/4/2014 7296 Office Max Supplies 7.87 1/9/2014 010914a Paychex Payroll 1512.85 1/10/2014 011014b Paychex Payroll Tax 517.65 1/21/2014 012114d Paychex Payroll Tax 5.94 1/23/2014 012314e Paychex Payroll 1488.13 1/24/2014 012414f Paychex Payroll Tax 481.22 2/4/2014 7340 SFM Risk Solutions Policy #43314.804 159.20 2/6/2014 020614a Paychex Payroll 1455.34 2/7/2014 020714c Paychex Payroll Tax 483.35 Page 47 16:47:47 3/31/2015 Minnesota Gambler Expense Report Armstrong Cooper Youth Hockey Page 2 05723-009 From 1/1/2014 to 12/31/2014 Date Check Written Number Payee Description Total 2/20/2014 022014f Paychex Payroll 1507.59 2/21/2014 022114g Paychex Payroll Tax 490.88 3/6/2014 030614b Paychex Payroll 1465.45 3/7/2014 030714c Paychex Payroll Tax 499.32 3/10/2014 031014a SFM Risk Solutions Workers Comp Reimbursement for period endin -10.80 3/20/2014 032014e Paychex Payroll 1569.24 3/21/2014 032114f Paychex Payroll Tax 511.13 4/3/2014 040314a Paychex Payroll 1593.87 4/4/2014 040414b Paychex Payroll Tax 522.65 4/17/2014 041714d Paychex Payroll 1613.50 4/17/2014 7419 SFM Risk Solutions Workers Comp Insurance. 158.60 4/18/2014 041814f Paychex Payroll Tax that we think should have been -45.71 4/18/2014 041814g Paychex Payroll Tax 511.77 5/1/2014 050114 Paychex Payroll 1545.70 5/2/2014 050214b Paychex Payroll Tadx 506.07 5/15/2014 051514e Paychex Payroll 1518.94 5/16/2014 051614f Paychex Payroll Tax 485.21 5/29/2014 052914h Paychex Payroll 1447.74 5/30/2014 053014i Paychex Payroll 457.73 6/12/2014 061214b Paychex Payroll 1675.62 6/13/2014 061314c Paychex Payroll Tax 505.37 6/26/2014 062614d Paychex Payroll 1650.54 6/27/2014 062714e Paychex Payroll Tax 510.00 7/10/2014 071014b Paychex Payroll 1619.98 7/14/2014 071414c Paychex Payroll Tax 512.99 7/18/2014 071814d Paychex Payroll Tax -9.42 7/24/2014 072414g Paychex Payroll Tax 501.43 7/24/2014 072414f Paychex Payroll 1602.39 8/1/2014 7497 SFM Risk Solutions Workers Comp Insurance. 158.60 8/7/2014 080714a Paychex Payroll 1450.30 8/8/2014 080814b Paychex Payroll Tax 461.51 8/21/2014 082114e Paychex Payroll 1374.03 8/22/2014 082214f Paychex Payroll Tax 436.99 9/4/2014 090414d Paychex Payroll 1443.90 9/5/2014 090514e Paychex Payroll Tax 441.69 9/18/2014 091814f Paychex Payroll 1380.36 9/19/2014 091914g Paychex Payroll Tax 429.07 10/2/2014 100214A Paychex Payroll 1392.09 10/3/2014 100314b Paychex Payroll Taxes 430.07 10/16/2014 101614c Paychex Payroll 1542.49 10/17/2014 101714d Paychex Payroll Taxes 463.44 10/22/2014 7562 SFM Risk Solutions Workers Comp Insurance. 525.78 10/30/2014 103014e Paychex Payroll 1680.58 10/31/2014 103114f Paychex Payroll Taxes 519.02 11/11/2014 111114 IRS Refund from IRS -178.79 11/13/2014 111314b Paychex Payroll 2003.56 11/14/2014 111414c Paychex Payroll Taxes 629.52 11/26/2014 112614d Paychex Payroll 2093.69 11/28/2014 112814e Paychex Payroll Taxes 644.68 12/11/2014 121114b Paychex Payroll 2221.05 12/12/2014 121214c Paychex Payroll Tax 713.57 12/24/2014 122414d Paychex Payroll Tax 2299.87 12/26/2014 122614e Paychex Payroll Tax 753.79 Total of COMPENSATION 56340.19 For GAMBLING MANAGERS BOND Page 48 16:47:49 3/31/2015 Minnesota Gambler Expense Report Page 3 Armstrong Cooper Youth Hockey 05723-009 From 1/1/2014 to 12/31/2014 Date Check Written Number Payee Description Total 4/17/2014 7420 Old Republic Surety Group Gambling Manager Bond 24.00 Total of GAMBLING MANAGERS BOND 24.00 For MISCELLANEOUS 1/1/2014 7293 Central Self Storage Storage rent 91.20 1/3/2014 7295 Target Supplies 6.09 1/5/2014 7299 David Deneui G signs/org storage 40.00 1/6/2014 7297 Central Self Storage Storage rent 27.31 1/6/2014 7298 Lowes Keys 3.21 1/7/2014 7300 Office Depot Copies/Supplies 29.53 1/13/2014 7308 Office Depot Supplies 9.08 1/13/2014 7309 Ace Hardware Letters 2.91 1/20/2014 7310 Office Max Supplies 10.37 1/29/2014 7332 Office Max Supplies 28.79 2/3/2014 7336 Office Depot Supplies 5.39 2/4/2014 7337 Target Supplies 8.06 2/5/2014 7338 US Postmaster Stamps 8.41 2/5/2014 7339 Central Self Storage Storage rent 77.73 2/6/2014 020614b TCF National Bank Stop Payment Fee 7.00 2/10/2014 7342 US Postmaster Stamps 0.94 2/11/2014 7350 Office Max Supplies 6.45 2/13/2014 7351 North Light Color Banners 12.00 2/14/2014 7352 Target Supplies 7.67 2/18/2014 7353 Target Supplies 7.95 2/18/2014 7357 Office Max Supplies 11.01 2/18/2014 7358 US Postmaster Stamps 2.56 2/21/2014 7359 US Postmaster Stamps 0.62 2/23/2014 7360 Office Depot Copies 21.19 2/23/2014 7362 Office Depot Copies 3.68 2/28/2014 7369 Target Supplies 12.52 3/1/2014 7371 Central Self Storage Storage rent 117.20 3/6/2014 7374 Target Supplies 17.29 3/11/2014 7378 Office Depot Bingo Program Supplies 73.07 3/14/2014 7386 Target Supplies 11.51 3/14/2014 7389 Dave deNeui Parts & Labor to fix cabinet. 10.00 3/18/2014 031814g TCF National Bank Bank Service Charge 0.39 3/18/2014 7387 Office Depot Supplies 21.35 3/20/2014 7388 Office Max Supplies 8.27 3/27/2014 7394 Target Supplies 8.64 3/27/2014 7395 Sams Club Supplies 5.81 3/31/2014 7396 Three Diamonds Corporation Plastic Bingo Balls 20.39 3/31/2014 7396 Three Diamonds Corporation 48 Daubers 24.71 3/31/2014 7397 Void Void 0.00 4/1/2014 7400 Central Self Storage Storage rent 117.20 4/7/2014 040714H Cash Framed Hockey Jersey that needs to be paid -350.00 4/16/2014 7416 Office Depot Chair & Copies 45.30 4/17/2014 041714e TCF National Bank Bank Service Charge 0.39 4/19/2014 7425 Charitable Products Scanner Paper 23.17 4/23/2014 7422 US Postmaster Stamps 6.58 4/28/2014 7424 Office Max Supplies 30.59 4/30/2014 7427 Target Supplies 5.49 5/2/2014 7431 Central Self Storage Storage rent 120.80 5/7/2014 7433 Linda Johnson Work Shirts 10.00 Page 49 16:47:51 3/31/2015 Minnesota Gambler Expense Report Armstrong Cooper Youth Hockey Page 4 05723-009 From 1/1/2014 to 12/31/2014 Date Check Written Number Payee Description Total 5/7/2014 050714c Safeguard Checks 53.67 5/16/2014 051614g TCF National Bank Bank Service Charge 0.39 5/20/2014 7445 Office Depot Copies & supplies 25.40 5/30/2014 7448 Derek Kuhlmar Neon Pulltab Repair 30.00 5/31/2014 7454a Void Void 0.00 6/1/2014 7453 Central Self Storage Storage rent 138.92 6/1/2014 7456 Office Depot Supplies 16.01 6/1/2014 7457 Target Supplies 7.68 6/11/2014 7465 Target Supplies 6.35 6/17/2014 061714f TCF National Bank Bank Service Charge 0.45 6/30/2014 7472 Office Max Supplies 9.66 6/30/2014 7473 US Postmaster Stamps 5.68 7/1/2014 7475 Central Self Storage Storage rent 138.92 7/1/2014 7476 Office Depot Supplies 7.77 7/1/2014 7479 Target Supplies 6.50 7/2/2014 7477 US Postmaster Stamps 1.29 7/2/2014 7478 US Postmaster PO Box Renewal 21.16 7/14/2014 7487 Office Depot Supplies 34.43 7/18/2014 071814e TCF National Bank Bank Service Charge 0.45 7/24/2014 7492 Void Void 0.00 7/30/2014 7488 Office Max Supplies 20.06 8/1/2014 7494 Central Self Storage Storage rent 120.80 8/13/2014 7508 Charitable Products Scanner Paper 20.27 8/18/2014 081814d TCF National Bank Bank Service Charge 0.39 8/19/2014 7499 US Postmaster Postage 6.72 8/19/2014 7510 Office Depot Supplies 23.31 8/19/2014 7511 Target Supplies 4.64 8/26/2014 7513 Staples Supplies all 9.30 8/28/2014 7517 Home Depot Supplies 6.85 8/29/2014 7518 Target Supplies 6.54 9/1/2014 7520 Central Self Storage Storage rent 138.92 9/2/2014 7521 Office Depot Supplies 13.14 9/5/2014 7522 Office Max Supplies 6.84 9/15/2014 7530 Office Depot Supplies 22.03 9/22/2014 7531 Office Depot Supplies 35.90 9/23/2014 7532 Target Chairs/supplies 31.80 9/25/2014 7534 Target Supplies 9.96 9/25/2014 7535 First Shred Shredding 73.92 9/27/2014 7542 Three Diamonds Corporation Flairbox-flairbox holder 77.24 9/29/2014 7538 Office Depot Supplies 15.02 9/30/2014 7544 Office Depot Supplies 13.06 10/1/2014 7546 Target Supplies - All 11.92 10/1/2014 7547 Central Self Storage Storage rent 138.92 10/5/2014 7550 Office Depot Supplies 12.55 10/8/2014 7551 Office Depot Supplies 10.92 10/20/2014 7553 US Postmaster Postage 6.87 10/20/2014 7559 Target Batteries 8.94 10/22/2014 7564 Office Depot Supplies 31.94 11/1/2014 7580 Central Self Storage Storage rent 163.08 11/9/2014 7583 Target Supplies 21.64 11/11/2014 7591 Office Depot Supplies 18.55 11/11/2014 7592 Office Depot Supplies 8.69 11/20/2014 7602 Office Depot Supplies 22.22 11/20/2014 7603 Target Supplies 14.54 12/1/2014 7614 Central Self Storage Storage rent 181.20 12/2/2014 7616 Office Max Supplies 32.45 Page 50 16:47:53 3/31/2015 Minnesota Gambler Expense Report Page 5 Armstrong Cooper Youth Hockey 05723-009 From 1/1/2014 to 12/31/2014 Date Check Written Number Payee Description Total 12/11/2014 7617 Office Max Supplies 6.77 12/17/2014 7618 Office Depot Supplies 15.03 12/17/2014 7619 Demars Signs Fix Pulltab Sign 25.50 12/29/2014 7628 Target Supplies 15.39 12/31/2014 7631 Charitable Products Scan Paper 34.76 Total of MISCELLANEOUS 2713.14 For RENT 1/31/2014 7330 1/11/2014 7303 Sunshine Factory Rent 1750.00 2/10/2014 7348 Sunshine Factory Rent 1750.00 3/10/2014 7380 Sunshine Factory Rent 1470.20 4/8/2014 7405 Sunshine Factory Rent 1750.00 5/9/2014 7442 Sunshine Factory Rent 1750.00 6/9/2014 7463 Sunshine Factory Rent 1750.00 7/10/2014 7485 Sunshine Factory Rent 1750.00 8/10/2014 7505 Sunshine Factory Rent 1750.00 9/9/2014 7529 Sunshine Factory Rent 1750.00 10/10/2014 7554 Sunshine Factory Rent 1750.00 11/4/2014 7584 Sunshine Factory Rent 1750.00 12/10/2014 7621 Sunshine Factory Rent 1750.00 Total of RENT 20720.20 Total of ALLOWABLE For DISTRIB 84302.76 For Pulltabs Plus 1/31/2014 7330 Pulltabs Plus 240.73 1/31/2014 7330 Pulltabs Plus 144.82 1/31/2014 7330 Pulltabs Plus 144.82 1/31/2014 7330 Pulltabs Plus 96.55 1/31/2014 7330 Pulltabs Plus 96.55 2/28/2014 7365 Pulltabs Plus 144.82 2/28/2014 7373 Pulltabs Plus 96.55 2/28/2014 7365 Pulltabs Plus 193.10 2/28/2014 7365 Pulltabs Plus 252.50 3/31/2014 7398 Pulltabs Plus 193.10 3/31/2014 7398 Pulltabs Plus 144.82 3/31/2014 7398 Pulltabs Plus 96.55 3/31/2014 7398 Pulltabs Plus 144.82 3/31/2014 7398 Pulltabs Plus 155.95 4/30/2014 7429 Pulltabs Plus 96.55 4/30/2014 7429 Pulltabs Plus 96.55 4/30/2014 7429 Pulltabs Plus 193.10 4/30/2014 7429 Pulltabs Plus 193.10 5/31/2014 7451 Pulltabs Plus 47.71 5/31/2014 7451 Pulltabs Plus 144.82 5/31/2014 7451 Pulltabs Plus 96.55 Page 51 16:47:55 3/31/2015 Minnesota Gambler Expense Report Armstrong Cooper Youth Hockey 05723-009 From 1/1/2014 to 12/31/2014 Date Check Written Number Payee Description Total 5/31/2014 7451 Pulltabs Plus 96.55 5/31/2014 7451 Pulltabs Plus 144.82 5/31/2014 7451 Pulltabs Plus 144.82 6/30/2014 7466 Pulltabs Plus 193.10 6/30/2014 7466 Pulltabs Plus 193.10 6/30/2014 7466 Pulltabs Plus 144.82 6/30/2014 7466 Pulltabs Plus 144.82 7/31/2014 7490 Pulltabs Plus 144.82 7/31/2014 7490 Pulltabs Plus 144.82 7/31/2014 7490 Pulltabs Plus 144.82 7/31/2014 7490 Pulltabs Plus 193.10 7/31/2014 7490 Pulltabs Plus 144.82 8/31/2014 7515 Pulltabs Plus 96.55 8/31/2014 7515 Pulltabs Plus 144.82 8/31/2014 7515 Pulltabs Plus 193.10 9/27/2014 7543 Pulltabs Plus 144.82 9/27/2014 7543 Pulltabs Plus 144.82 9/27/2014 7543 Pulltabs Plus 222.34 9/27/2014 7543 Pulltabs Plus 193.10 9/27/2014 7543 Pulltabs Plus 192.67 10/31/2014 7570 Pulltabs Plus 144.82 10/31/2014 7570 Pulltabs Plus 193.06 10/31/2014 7570 Pulltabs Plus 144.82 10/31/2014 7570 Pulltabs Plus 289.08 10/31/2014 7570 Pulltabs Plus 144.82 11/30/2014 7611 Pulltabs Plus 144.82 11/30/2014 7611 Pulltabs Plus 144.82 11/30/2014 7611 Pulltabs Plus 193.10 11/30/2014 7611 Pulltabs Plus 289.08 12/31/2014 7630 Pulltabs Plus 193.10 12/31/2014 7630 Pulltabs Plus 144.82 12/31/2014 7630 Pulltabs Plus 193.10 Total of Pulltabs Plus 8400.13 For Three Diamond Corporation 1/31/2014 7333 Three Diamond Corporation 212.88 1/31/2014 7333 Three Diamond Corporation 281.32 1/31/2014 7333 Three Diamond Corporation 345.66 1/31/2014 7333 Three Diamond Corporation 358.27 2/28/2014 7364 Three Diamond Corporation 315.06 2/28/2014 7272 Three Diamond Corporation 145.77 2/28/2014 7364 Three Diamond Corporation 224.42 2/28/2014 7364 Three Diamond Corporation 181.75 2/28/2014 7364 Three Diamond Corporation 294.49 3/31/2014 7396 Three Diamond Corporation 302.69 3/31/2014 7396 Three Diamond Corporation 129.11 3/31/2014 7396 Three Diamond Corporation 314.38 3/31/2014 7396 Three Diamond Corporation 324.41 3/31/2014 7396 Three Diamond Corporation 161.87 3/31/2014 7396 Three Diamond Corporation 230.19 3/31/2014 7396 Three Diamond Corporation 51.49 4/30/2014 7428 Three Diamond Corporation 159.47 4/30/2014 7428 Three Diamond Corporation 264.29 Page 52 16:47:57 3/31/2015 Minnesota Gambler Expense Report Armstrong Cooper Youth Hockey Page 7 05723-009 From 1/1/2014 to 12/31/2014 Date Check Written Number Payee Description Total 4/30/2014 7428 Three Diamond Corporation 301.32 4/30/2014 7428 Three Diamond Corporation 248.17 4/30/2014 7428 Three Diamond Corporation 25.75 5/31/2014 7450 Three Diamond Corporation 184.85 5/31/2014 7450 Three Diamond Corporation 174.63 5/31/2014 7450 Three Diamond Corporation 229.93 5/31/2014 7450 Three Diamond Corporation 330.34 5/31/2014 7450 Three Diamond Corporation 452.61 6/30/2014 7467 Three Diamond Corporation 327.50 6/30/2014 7467 Three Diamond Corporation 320.12 6/30/2014 7467 Three Diamond Corporation 285.92 6/30/2014 7467 Three Diamond Corporation 335.59 6/30/2014 7467 Three Diamond Corporation 25.75 7/2/2014 7489 Three Diamond Corporation 342.12 7/2/2014 7489 Three Diamond Corporation 120.28 7/2/2014 7489 Three Diamond Corporation 224.68 7/2/2014 7489 Three Diamond Corporation 239.33 7/2/2014 7489 Three Diamond Corporation 224.80 7/2/2014 7489 Three Diamond Corporation 224.17 7/2/2014 7489 Three Diamond Corporation 25.75 8/31/2014 7514 Three Diamond Corporation 142.94 8/31/2014 7514 Three Diamond Corporation 175.41 8/31/2014 7514 Three Diamond Corporation 515.82 8/31/2014 7514 Three Diamond Corporation 25.75 9/27/2014 7542 Three Diamond Corporation 208.02 9/27/2014 7542 Three Diamond Corporation 272.19 9/27/2014 7542 Three Diamond Corporation 223.12 9/27/2014 7542 Three Diamond Corporation 271.21 10/31/2014 7569 Three Diamond Corporation 121.34 10/31/2014 7569 Three Diamond Corporation 458.39 10/31/2014 7569 Three Diamond Corporation 289.65 10/31/2014 7569 Three Diamond Corporation 375.84 11/30/2014 7609 Three Diamond Corporation 327.87 11/30/2014 7609 Three Diamond Corporation 208.02 11/30/2014 7609 Three Diamond Corporation 303.45 11/30/2014 7609 Three Diamond Corporation 186.31 12/31/2014 7634 Three Diamond Corporation 64.70 12/31/2014 7634 Three Diamond Corporation 301.41 12/31/2014 7634 Three Diamond Corporation 480.75 12/31/2014 7634 Three Diamond Corporation 312.63 12/31/2014 7634 Three Diamond Corporation 273.04 Total of Three Diamond Corporation 14478.99 Total of DISTRIB For LAWFUL For LOCAL, STATE, AND FEDERAL TAXES 1/18/2014 7318 City of Plymouth 7/31/2014 7495 City of Plymouth 7/31/2014 7496 City of Plymouth Taxes 1st Quarter Taxes - 2nd Quarter 22879.12 431.24 1414.79 1266.24 Page 53 16:47:59 3/31/2015 Minnesota Gambler Expense Report Page 8 Armstrong Cooper Youth Hockey 05723-009 From 1/1/2014 to 12/31/2014 Date Check Written Number Payee Description Total 10/27/2014 7566 City of Plymouth Taxes - 2nd Quarter Total of LOCAL, STATE, AND FEDERAL TAXES Total of LAWFUL For OTHER For GAME BANK 2/26/2014 1/23/2014 7312 Cash 1/27/2014 7320 Cash 3/10/2014 7376 Cash 8/28/2014 082814 Cash Total of GAME BANK Increase Start Bank Increase Start Bank Bingo Bank Sunshine Sunshine Bingo Bank redeposited into gambl For PAY PRIZE BY CHECK 6/28/2014 7469 Cash Bingo Jackpot - Sunshine 8/5/2014 7500 Cash Bingo Jackpot - Sunshine Total of PAY PRIZE BY CHECK For REIMBURSE GAME BANK 2/26/2014 7366 Cash 2/28/2014 7370 Cash 2/28/2014 7375 Cash 3/31/2014 7399 Cash 4/30/2014 7430 Cash 5/22/2014 7446 Cash 6/30/2014 7474 Cash 7/31/2014 7493 Cash 8/31/2014 7516 Cash 9/30/2014 7548 Cash 10/31/2014 7579 Cash 11/17/2014 7601 Cash 11/30/2014 7612 Cash 12/23/2014 7633 Cash 12/31/2014 7637 Cash Total of REIMBURSE GAME BANK Total of OTHER Total of Site 05723-009 SUNSHINE FACTORY Total of Organization Reimb Sunshine S B #2493225,2518029 122199.46 2502.31 5614.58 5614.58 1000.00 600.00 400.00 -400.00 it:IiIoluol 1000.00 1000.00 2000.00 462.00 17.00 18.00 104.00 28.00 490.00 872.00 476.00 608.00 97.00 61.00 2003.00 24.00 523.00 20.00 5803.00 9403.00 122199.46 Page 54 16:48:1 3/31/2015 Minnesota Gambler Expense Report Totals Armstrong Cooper Youth Hockey 05723-009 From 1/1/2014 to 12/31/2014 Date Check Written Number Payee Description Total For ALLOWABLE For DISTRIB For LAWFUL For OTHER Total for ACCOUNTING SERVICES Total for ADVERTISING EXPENSE Total for COMPENSATION Total for GAMBLING MANAGERS BOND Total for MISCELLANEOUS Total for RENT Total of ALLOWABLE Total for Pulltabs Plus Total for Three Diamond Corporation Total of DISTRIB Total for LOCAL, STATE, AND FEDERAL TAXES Total of LAWFUL 4334.11 171.12 56340.19 24.00 2713.14 20720.20 84302.76 8400.13 14478.99 22879.12 5614.58 5614.58 Total for GAME BANK 1600.00 Total for PAY PRIZE BY CHECK 2000.00 Total for REIMBURSE GAME BANK 5803.00 Total of OTHER 9403.00 Total of Organization 122199.46 Page 1 Page 55 16:48:3 3/31/2015 Minnesota Gambler Plymouth Lions Gambling Revenues & Expenses For the Six Months Ending June 30, 2014 & For the Six Months Ending December 31, 2014 Ordinary Income/Expense Income Pulitabs Gross Receipts - Pulitabs 3,467,765.00 Prizes Paid Out - Pulltabs -2,929,390.00 Total Pulitabs 538,375.00 Paddletickets Gross Receipts - Paddletickets 18,300.00 Prizes Paid Out - Paddletickets -12,200.00 Total Paddletickets 6,100.00 Total Income 544,475.00 Cost of Goods Sold Purchase of Games 41,744.32 Total COGS 41,744.32 Gross Profit 502,730.68 Expense Payroll & Payroll Taxes Compensation - Cashiers 66,699.75 Gambling Manager Compensation 41,553.00 Payroll Tax Expense 10,006.02 Total Payroll & Payroll Taxes 118,258.77 Accounting Services 13,756.14 4 Gambling Equip -Purchase & Maint 374.13 Gambling Taxes 8.5% Tax 518.00 Combined Receipts Tax 160,740.00 Board Fee 3,487.00 Total Gambling Taxes 164,745.00 Insurance 4,757.92 Office Expenses Education and Training 250.00 Bank Service Charges 298.22 Office & Storage Rent 3,334.28 Office Expense and Supplies 2,793.19 Total Office Expenses 6,675.69 Rent Expense 22,996.60 Cash Short Short (Long) - Games -20.00 Total Cash Short -20.00 Total Expense 331,544.25 Net Ordinary Income Other Income/Expense Other Expense Audit Fees Lawful Purposes Expenditures State License Renewals Charitable Contributions Total Lawful Purposes Expenditures Total Other Expense Net Other Income Net Income 171,186.43 5,000.00 750.00 139,256.74 140,006.74 145,006.74 -145,006.74 26,179.69 Page 56 22 Plymouth Lions - 2014 Lawful Purpose Expenditures by Recipient Name American Cancer Society $1,000.00 Austin Bancroft $200.00 Boy Scouts of America $500.00 Children's Hospital Foundation $1,500.00 Christopher Benz Memorial Event $200.00 City of Plymouth $15,441.00 College Possible $1,500.00 Cookie Cart $500.00 Cooper Legacy Project $1,000.00 Courage Center $3,000.00 Crisis Nursery $3,000.00 Dan Cook (Katie Cook Benefit) $1,000.00 Fighting Blindness Foundation $1,000.00 Gilda's Club $2,000.00 Gillette Children's Hospital $2,000.00 Hammer Group Homes $2,000.00 Helping Paws $6,000.00 Hennepin Technical College $10,000.00 Home Ward Bound $2,000.00 IOCP - Interfaith Outreach & Community Partners $15,000.00 Lions MD5M Hearing Foundation $1,000.00 Make A Wish Foundation $6,500.00 Medicine Lake Community Center $500.00 Medicine Lake Fire Department $1,000.00 Melanoma Awareness $500.00 Missions Inc $5,000.00 Mpls Eye Center $2,856.78 No Barriers Food Shelf $250.00 Northern Plains Sports Camp $2,000.00 Northern Voices $4,000.00 Plymouth Civic League $500.00 Plymouth Fire and Crime Prevention Fund $4,800.00 Plymouth Historical Society $1,000.00 Plymouth Vision Center $1,122.18 Prism Food Shelf $15,000.00 Project New Hope $2,000.00 Robbinsdale Area Schools, Dist 281 $4,000.00 Salvation Army $1,000.00 Seeing Hands $300.00 St. David Child Dev & Family Svcs of Mtka $750.00 State of Minnesota $750.00 Teens Alone $2,000.00 TLC Toys $1,000.00 Tree House $4,000.00 Page 57 True Friends VFW Post 5903 Wayzata Public Schools We Love to Play West Medicine Lake Community Center YMCA $4,000.00 $2,000.00 $500.00 $1,500.00 $336.78 $1,000.00 $140,006.74 Page 58 Gross Profit Gross receipts: Bingo Raffles Paddlewheel Electronic pull tabs Pull tabs Interest Prizes paid: Bingo Raf0es Paddlewheel Electronic pull tabs Pull tabs Gross Profit Taxes Net receipts tax Combined receipts tax Board fee (effective 07/01/03) Total Taxes Gross Profit After State Taxes Allowable Expenses Cost of gambling product sold Compensation and payroll taxes Penalty and interest paid on taxes Advertising expenses Professional services Costs of gambling manager's bond Local government investigation fee Rent Electronic pull tab expense Electronic bingo expense Other miscellaneous allowable expenses Cash (long) or short Reimbursement for excess cash short Total Allowable Expenses Net Profit After State Taxes Lawful Purpose Expenditures Net Profit Profit Carryover - Beginning Approved adjustments Profit Carryover - Ending 23 WAYZATA YOUTH HOCKEY CHARITABLE GAMBLING OPERATIONS FOR THE CALENDAR YEAR ENDED DECEMBER 31, 2014 January February March April May June July August September October November December Totals $ 16,432.00 $ 21,092.00 $ 19,904.00 $ 16,674.00 $ 14,883.00 $ 13,154.00 $ 13,484.00 $ 7,227.00 $ 11,104.00 $ 12,411.00 $ 19,070.00 $ 15,797.00 $ 181,232.00 - - 830.00 - - - - - - - - - 830.00 168,965.00 149,308.00 194,889.00 180,378.00 196,171.00 140,139.00 154,521.00 135,918.00 140,731.00 176,651.00 158,993.00 159,481.00 1,956,145.00 (11,313.00) (12,679.00) (11,196.00) (11,610.00) (10,337.00) (9,271.00) (9,966.00) (4,495.00) (7,795.00) (9,368.00) (13,135.00) (9,592.00) (120,757.00) - - (415.00) - - - - - - - - - (415.00) (143,224.00) (123,486.00) (162,622.00) (149,692.00) (166,395.00) (117,695.00) (129,160.00) (113,317.00) (122,803.00) (147,660.00) (136,292.00) (130,524.00) (1,642,870.00) $ 30,860.00 $ 34,235.00 $ 41,390.00 $ 35,750.00 $ 34,322.00 $ 26,327.00 $ 28,879.00 $ 25,333.00 $ 21,237.00 $ 32,034.00 $ 28,636.00 $ 35,162.00 $ 374,165.00 $ 435.00 $ 715.00 $ 775.00 $ 430.00 $ 386.00 $ 330.00 $ 299.00 $ 232.00 $ 281.00 $ 259.00 $ 504.00 $ 527.00 $ 5,173.00 8,277.00 9,296.00 11,616.00 11,047.00 10,719.00 8,080.00 2,282.00 2,035.00 1,613.00 3,274.00 4,086.00 7,376.00 79,701.00 185.00 170.00 216.00 197.00 211.00 153.00 168.00 143.00 152.00 189.00 178.00 175.00 2,137.00 $ 8,897.00 $ 10,181.00 $ 12,607.00 $ 11,674.00 $ 11,316.00 $ 8,563.00 $ 2,749.00 $ 2,410.00 $ 2,046.00 $ 3,722.00 $ 4,768.00 $ 8,078.00 $ 57,011.00 $ 21,963.00 $ 24,054.00 $ 28,783.00 $ 24,076.00 $ 23,006.00 $ 17,764.00 $ 26,130.00 $ 22,923.00 $ 19,191.00 $ 28,312.00 $ 23,868.00 $ 27,084.00 $ 287,154.00 $ 2,136.05 $ 2;813.38 $ 2,179.21 $ 2,242.42 $ 2,824.52 $ 2,091.79 $ 2,474.30 $ 2,303.43 $ 2,361.65 $ 3,690.94 $ 1,718.31 $ 2,441.80 $ 29,277.80 9,057.20 6,848.01 6,661.81 6,266.55 6,194.14 6,361.78 9,036.68 6,818.49 7,746.66 6,196.96 6,274.53 10,094.45 87,557.26 969.80 654.29 661.66 671.02 671.08 667.46 689.19 793.88 3,366.52 752.31 779.40 686.46 11,363.07 - - - - - 120.00 - - - - - - 120.00 1,909.30 2,200.10 2,108.50 2,368.60 2,322.10 2,363.80 2,158.30 2,132.10 2,028,60 1,792.80 2,173.70 1,983.90 25,541.80 895.92 505..23 770.01 866.46 494.83 828.26 2,375.79 1,235.00 587.75 1,368.07 535.11 869.63 11,332.05 42.00 95.00 125.00 42.00 203.00 57.00 205.00 188.00 261.00 140.00 85.00 240.00 1,683.00 $ 15,010.27 $ 13,116.01 $ 12,506.19 $ 12,457.05 $ 12,709.67 $ 12,490.09 $ 16,939.26 $ 13,470.90 $ 16,352.18 $ 13,941.08 $ 11,566.05 $ 16,316.24 $ 166,874.99 $ 6,952.73 10,937.99 16,276.81 11,618.95 10,29633 5,273.91 9,190.74 9,452.10 2,838.82 14,370.92 12,301.95 10,767.76 120,279.01 2,828.75 53,416.75 63,000.00 2,718.93 750.00 2,175.86 124,890.29 $ 4,123.98 $ 10,937.99 $ 16,276.81 $ (41,797.80) $ 10,29633 $ (57,726.09) $ 6,471.81 $ 9,452.10 $ 2,088.82 $ 12,195.06 $ 12,301.95 $ 10,767.76 $ (4,611.28) 81,660.29 85,784.27 96,722.26 112,999.07 71,201.27 81,497.60 23,771.51 30,243.32 39,69530 41,784.25 53,979.31 66,281.26 81,660.29 - - - - - - - (0.12) 0.13 - - - 0.01 $ 85,784.27 $ 96,722.26 $ 112,999.07 $ 71,201.27 $ 81,497.60 $ 23,771.51 $ 30,243.32 $ 39,695.30 $ 41,784.25 $ 53,979.31 $ 66,281.26 $ 77,049.02 $ 77,049.02 Page 59 23.5 Gambling Suite 300 South Control 1711 West County Rd B Roseville, MN 55113 651-639-4000 Minnesota Gambling Control Board September 17, 2014 Gregory Gibson, CEO District 284 Youth Hockey Assoc 4300 Niagara Ln N Plymouth, MN 55441 Re: License #27345 Dear Gregory Gibson: Enclosed is your organization's FY2014 Organization Annual Report. It summarizes your lawful gambling income, expenses, and donations for the period of July 2013 through June 2014. You are required by law to present this report to the membership at your organization's next meeting. Each licensed organization is evaluated by the Gambling Control Board to determine a rating based on the percentage of its annual gross profits (gross receipts less prizes paid) spent on lawful purpose expenditures (LPEs). LPEs include charitable contributions, payments to local units of government, lawful gambling taxes, and building expenses related to veteran and fraternal organizations (Minnesota Statute 349.12 Subd. 25). Organizations are evaluated according to the following criteria. % Spent LPE Rating 50% or more 5 star 40% or more 4 star ' 30% or more 3 star` 20% or more 2 star Less than 20% 1 star ' Your organization's star rating is shown in the upper right hand corner of the enclosed Organization Annual Report form. Organizations must maintain a rating of three stars or more to avoid probationary status.* Organizations currently on probation must increase their rating to three or more stars by the end of the following fiscal year to avoid possible sanctions. If you have any questions regarding your report, please contact your compliance specialist, Warren Walberg, at 651-539-1925 or by email at warren.walberg@gcb.state.mn.us. Chris Mau Compliance Supervisor Gambling Control Board Enclosure: Organization Annual Report — 2014 Exception: An organization that only conducts lawful gambling in a location where the primary business is bingo must be rated at two or more stars to avoid probation and possible sanctions. Page 60 ORGANIZATION ANNUAL REPORT o 2014 License Number: 27345 I Calculation of Gross Profit (net receipts)� Gross Receipts $2,116,496 Prizes Paid $1,746,632 Gross Profit $369,864 Calculation of Net Profit (gross profit less expenses) Gross Profit $369,864 Allowable Expenses $156,529 Net Profit $213,335 % of Gross Receipts l 100% 82.52% 17.48% District 284 Youth Hockey Assoc Star Rating: -A- A --A- A A W X W 1K 7K % Spent LPE Ratio % of Gross Profits 50% or more 5 star $124,994 40% or more 4 star Other Lawful Purposes 2 30% or more 3 star 57.68% 20% or more 2 star 23.65% Less than 20% 1 star % of Gross Profits Calculation of Lawful Purpose Expenditures % of Gross Profits 100% Charitable Expenditures 1 $124,994 33.79% 42.32% Other Lawful Purposes 2 $0 0.00% 57.68% Taxes and Fees3 $87,465 23.65% Total Lawful Purpose Expenditures 4 $212,459 57.44% Lawful Purpose Category Lawful Purpose Code Annual Total unit of government A10 $124,994 gambling license fees A18 $850 no "Other Lawful Purposes" (see item #2 below) $0 1 "Charitable Expenditures" include codes Al - A7, A10 - A15, and A19. 2 "Other Lawful Purposes" include codes A9, A16, A17, and A20 - A26. 3 "Taxes and Fees" include the Board regulatory fee, state tax on lawful gambling receipts, and codes A8 and A18. 4 This is the percentage used to determine the organization's star rating. MN GambliPg1ger(pL1oard 9/17/2014 rp)City of Agenda 2B Plymouth Number: Adding Quality to Life To: Dave Callister, City Manager SPECIAL Givonna Kone, Human Resources Manager COUNCIL MEETING Prepared by: Jennifer Moreen, Human Resources Coordinator April 14, 2015 Item• Affordable Care Act and Health Insurance Premium Update 1. ACTION REQUESTED: Update and discussion regarding the Affordable Care Act and Health Insurance Premiums. 2. BACKGROUND: The city manager requested that I provide the City Council with an update on Health Care Reform and its impact on Plymouth. In 2010, President Obama signed into law the Patient Protection and Affordable Care Act (PPACA) and Congress passed the Health Care and Education Reconciliation Act of 2010, which amends several provisions of the PPACA. Together, these bills make up the health care reform legislation package, which is now commonly referred to as the Affordable Care Act (ACA). Staff has been working with the city's benefits consultant, Financial Concepts, since 2013 to remain abreast of the requirements of the ACA. The focus has been on three key provisions of the ACA: offering coverage to eligible employees; preparing for the financial impact of various fees and taxes; and avoiding exposure under the 2018 Cadillac Tax provisions. Offering Coverage to Eligible Employees Plymouth offers health insurance to employees who are in regular (long-term) positions and who work at least 20 hours per week. Under the ACA, employees who work an annual average of 30 hours per week are considered full-time and must be offered (at a minimum) single health insurance even if they are in non -regular positions such as seasonal, temporary or paid -on-call positions. Although the federal government has changed its deadline for employers to comply with the 30 hour per week provision, Plymouth has been working within the rules of this provision since August of 2013. In order to avoid violating city policy (offering benefits to non -regular employees) or federal law (not offering coverage to any employee who works at least 30 hours per week), the city limits work hours for non -regular employees to 29 hours per week. Staff does not anticipate any penalties in this area due to the limit on work hours. Fees and Taxes In 2014, employers began paying two fees and a new tax under the ACA: The Patient Centered Outcomes Research Institute (PCORI) Fee, The Transitional Reinsurance Program Fee and the ACA Premium Tax. Page 1 The Patient Centered Outcomes Research Institute (PCORI) fee funds research related to the effectiveness of medical treatments, procedures, drugs and other strategies. Fees are assessed based on the number of employees who have health reimbursement accounts or VEBA accounts. The PCORI fees were $1.00 per covered person in 2013 ($233 total) and $2.00 per person in 2014 ($484 total). The PCORI fee is effective through 2019 and is paid by the city directly to the Internal Revenue Service. The Transitional Reinsurance Program Fee is intended to offset the cost of insurance in the individual health insurance market through 2016 and the ACA Premium Tax is used to support state exchanges via premium subsidies and tax credits. Both the Transitional Reinsurance Program Fee and the ACA Premium Tax are assessed to the city's health plan. In 2014, the city's health plan paid $79,645 for the Transitional Reinsurance Program Fee and the ACA Premium Tax. The 2015 combined cost for this fee/tax is estimated to be 3.93% of premium, or $115,000. Note that costs due to the Transitional Reinsurance Program Fee and the ACA Premium Tax will fluctuate based on employee enrollment in health plans. This means that if an employee does not elect health insurance or if a position is vacant for a period of time, ACA fees will not be incurred for that employee/position. Cadillac Tax The ACA requires that health insurance coverage is not too minimal (or basic) and not too rich. The Cadillac Tax is a 40% excise tax that will go into effect in 2018. If the total monthly employer cost of a health plan exceeds $850 per month for a single plan or $2,290 per month for a family plan, the amount that exceeds the limit will be taxed at 40%. Currently, the city's annual contribution to family plans falls well below the limit. The city's cost for single plans currently exceeds $850 per month, in part, because there is no employee contribution to single health coverage. ACA language states that for fully insured plans, "the plan" will be taxed if the thresholds are exceeded. Some stakeholders believe this means the employer will be responsible for paying the tax. It has been staff's position that unless the federal government provides guidance to the contrary, "the plan" refers to both the employer and employee and that if the plan is taxed, the employer and the employee would have shared responsibility for paying the tax. Language has been added to two union contracts specifying that if the health plan fails to meet the requirements of the ACA or if the plan becomes subject to a penalty, tax, or fine, the union and the employer will meet immediately to bargain over alternative provisions so as to avoid any penalties, taxes or fines for the employer. Staff will negotiate for similar language during the upcoming negotiation sessions. Staff will also continue to negotiate for an employee contribution toward single coverage which also helps manage risk under the Cadillac Tax provisions. Staff continues to work with the city's benefits consultant and the unions to ensure compliance and to minimize both employer and employee exposure under the ACA. Health Insurance Premiums The city is in the final year of labor agreements with each of its four union groups: Maintenance; Clerical, Technical, Professional; Patrol and Sergeants. All four labor agreements will expire Page 2 December 31, 2015. Negotiations will begin this fall and staff expect that health insurance will be a major topic of discussion. Particularly for the last two years, the city has invested significant time in educating employees about the ongoing challenges related to health insurance and possible solutions. The rising cost of health insurance is, of course, our biggest challenge, as is the case for most cities in this area. In 2013, the city left the South West — West Central Cooperative and Blue Cross Blue Shield and joined Medica. Medica offered the city a 7% increase in premiums in 2013 and an 18.7% increase in 2014. Medica indicated that without a rate cap in place for 2014, the city would have received a 56% increase due to high claims experience. For 2015, the city received a 19% increase in premiums. In response to the rising cost of health insurance, for the last two years the city has offered employees additional plan options. The new options have provided lower premiums due to higher deductibles, co-insurance and a smaller network of providers. The unions have opted to remain with the city's two existing plans in spite of the higher cost. Although priorities for upcoming negotiations have not be formally established, staff anticipates that the city's priorities will include: offering lower cost, high value health plans that are sustainable over the long term; renegotiating the formula for determining employer and employee contributions to health insurance (the formula is currently based on the most expensive health plan although enrollment in this plan has steadily fallen over the years); premium cost sharing for employees with single coverage; and securing language in the two remaining contracts that will assist the city in managing exposure to taxes and fees under the ACA. Given that the city's health insurance renewal will not be provided until this fall, staff cannot provide any insight regarding where premiums will land in 2016. It is staff's expectation, however, that the increase will be sizable. For information purposes, attached are two graphs that provide a historical snapshot of Plymouth's premiums and cost sharing over the last ten years. Staff will be available at the April 14 meeting to answer any questions the City Council may have related to the ACA and health insurance premiums. 3. ATTACHMENTS: Graph 1— Family and Single Health Insurance Premiums Graph 2 — Employer and Employee Family Health Insurance Contributions Page 3 $2,000 $1,800 $1,600 3 $1,400 E $1,200 T $1,000 $800 � $600 $400 $200 $0 City of Plymouth Family and Single Health Insurance Premiums 2006-2015 $1,904 $1,600,, $1,348 $1,121 $1,154 $1,235 $1,261 $1,261 $865 $902 $762 $324 $361 $449 $462 $495 Year $505 $505 $539 $640 Family Premium Single Premium Page 4 City of Plymouth Employer and Employee Family Health Insurance Contributions 2006-2015 $1,400 $1,200 $1,000 E $842 3 E $800 $707 $733 a $600 o $421 $400 $300 $311 $200 $0 $859 $899 $912 $912 $955 $437 $478 $491 $491 $534 Year $1,233 $1,081 $812 $660 - Employer Family Contrbution Employee Family Contribution *Note that the employer contribution includes contributions to both premium and deductible/VEBA, thus the combined total of employer and employee contributions exceeds the monthly premium. Page 5 rp)City of Agenda 2C Plymouth Number: Adding Quality to Life To: Mayor and Council SPECIAL COUNCIL MEETING Prepared by: Dave Callister, City Manager April 14, 2015 Reviewed by: Item: Set Future Study Sessions Staff recommends the Council set the following study sessions for the 2015-2016 Biennial Budget and Capital Improvement Plan: August 18 at 6 p.m. August 25 at 5:30 p.m. (if needed) November 10 at 5:30 p.m. There are no additional items to be scheduled. However, Council can suggest topics that can either be included on these lists or be scheduled. Attached are calendars to assist in scheduling. Page 1 r� Plymouth Adding Quality to Life April 2015 Modified on 03124115 CHANGES ARE MADE IN RED Page 2 1 2 3 4 7:00 PM PLANNING COMMISSION MEETING Council Chambers Good Friday PASSOVER Begins at Sunset 5 6 7 8 9 10 11 5:30 PM 7:00 PM 6:00 PM - 9:00 PM 9:00 AM - 1:00 PM SPECIAL COUNCIL ENVIRONMENTAL PLYMOUTH HOME PLYMOUTH HOME MEETING QUALITY EXPO EXPO BRT &Use of Nature COMMITTEE Plymouth Creek Plymouth Creek Canyon Site, Et (EQC) MEETING Center Center Housing Development on Brockton Ln Medicine Lake Room Easter Sunday 12 13 5:30 PM � 15 16 17 18 ECIAL COUNCIL MEETING 7:00 PM Time Varies Time Varies Health Care PLANNING PRIMAVERA PRIMAVERA Reform/Insurance COMMISSION Plymouth Fine Plymouth Fine Premiums MEETING Arts Council Arts Council 8 Lawful Gambling Show Show Medicine Lake Room Council Chambers Plymouth Creek Plymouth Creek 7:00 PM Center Center REGULAR COUNCIL MEETING Council Chambers 19 20 21 22 23 24 25 Time Varies Time Varies 7:00 PM PRIMAVERA PRIMAVERA HRA MEETING Plymouth Fine Plymouth Fine Medicine Lake Room Arts Council Arts Council Show Show Plymouth Creek Plymouth Creek Center Center 26 27 28 6:00 PM 29 30 BOARD OF EQUALIZATION MEETING Council Chambers 7:00 PM REGULAR COUNCIL MEETING Council Chambers Modified on 03124115 CHANGES ARE MADE IN RED Page 2 r� Plymouth Adding Quality to Life May 2015 Modified on 04108115 CHANGES ARE MADE IN RED Page 3 1 2 3 4 5 6 7 8 9 6:00 PM 7:00 PM SPECIAL COUNCIL PLANNING MEETING COMMISSION Medicine Lake Water MEETING Level Study Council Chambers Medicine Lake Room 6:00 PM 10 11 12 BOARD OF 13 14 15 16 EQUALIZATION 7:00 PM 7:00 PM MEETING ENVIRONMENTAL PARK £t REC (If Necessary) QUALITY ADVISORY Council Chambers COMMITTEE COMMISSION * SPECIAL MEETING (EQC) MEETING (PRAC) MEETING following BOE in Medicine Lake Room Medicine Lake Room Council Chambers 7:00 PM REGULAR COUNCIL MEETING Council Chambers 17 18 19 20 21 22 23 5:30 PM 7:00 PM SPECIAL COUNCIL PLANNING MEETING COMMISSION Council, Planning MEETING Commission, and HRA Council Chambers bus tour of Northwest Plymouth and commercial areas Load in Front of City Hall at 5:30 PM 24 25 26 5:30 PM 27 28 29 30 SPECIAL COUNCIL MEETING 7:00 PM Quarterly City HRA MEETING MEMORIAL Manager Update Ft Medicine Lake Room X31 DAY Comprehensive Plan Observed Process Update Medicine Lake Room 7:00 PM CITY OFFICES REGULAR COUNCIL CLOSED MEETING Council co duct/procedure Council Chambers Modified on 04108115 CHANGES ARE MADE IN RED Page 3 r� Plymouth Adding Quality to Life June 2015 Modified on 04108115 CHANGES ARE MADE IN RED Page 4 1 2 3 4 5 6 7:00 PM PLANNING COMMISSION MEETING Council Chambers 7 $ 9 5:30 PM 10 11 12 13 SPECIAL COUNCIL 7:00 PM 7:00 PM MEETING ENVIRONMENTAL PARK & REC evelopment located on Juneau Lane south and QUALITY ADVISORY west of Trillium Woods COMMITTEE COMMISSION Medicine Lake Room (EQC) MEETING (PRAC) MEETING 7:00 PM Medicine Lake Room Plymouth Creek REGULAR COUNCIL Center MEETING Council Chambers 14 15 16 17 18 19 20 7:00 PM PLANNING FLAG DAY COMMISSION MEETING Council Chambers 21 22 23 24 25 26 27 5:30 PM SPECIAL COUNCIL 7:00 PM 8:00 AM MEETING HRA MEETING Music in Improvements required Medicine Lake Room Plymouth 5K for developments Medicine Lake Room Fun Run Hilde 7:00 PM Performance REGULAR COUNCIL Center MEETING Council Chambers 28 29 30 Modified on 04108115 CHANGES ARE MADE IN RED Page 4 r� Plymouth Adding Quality to Life July 2015 Modified on 01/07/ 15 CHANGES ARE MADE IN RED Page 5 1 2 3 4 7:00 PM PLANNING COMMISSION MEETING Council Chambers INDEPENDENCE INDEPENDENCE DAY DAY 5:00 PM OBSERVED MUSIC IN PLYMOUTH CITY OFFICES Hilde Performance Center 5 6 7 8 9 10 11 7:00 PM ENVIRONMENTAL QUALITY COMMITTEE (EQC) MEETING Medicine Lake Room 12 13 14 15 16 17 18 7:00 PM PLANNING COMMISSION MEETING Council Chambers 19 20 21 22 23 24 25 7:00 PM HRA MEETING Medicine Lake Room 26 27 28 29 30 31 7:00 PM REGULAR COUNCIL MEETING Council Chambers Modified on 01/07/ 15 CHANGES ARE MADE IN RED Page 5 r� Plymouth Adding Quality to Life August 2015 Page 6 1 2 3 4 5 6 7 8 2:30-5:00 PM 7:00 PM Night to Unite PLANNING Kickoff COMMISSION TBD MEETING 6:30-9:30 PM Council Chambers Night to Unite 9 10 11 12 13 14 15 7:00 PM 7:00 PM REGULAR COUNCIL ENVIRONMENTAL MEETING QUALITY Council Chambers COMMITTEE (EQC) MEETING Medicine Lake Room 16 17 18 19 20 21 22 7:00 PM PLANNING COMMISSION MEETING Council Chambers 25 26 27 28 29 7:00 PM 7:00 PM REGULAR COUNCIL HRA MEETING MEETING Medicine Lake Room Z30 X31 Council Chambers IA...Ja:...l---In" 1. —A k—Cf AGC1 Anr — OEM Page 6 r� Plymouth Adding Quality to Life September 2015 Modified on 01/07/ 15 CHANGES ARE MADE IN RED Page 7 1 2 3 4 5 7:00 PM PLANNING COMMISSION MEETING Council Chambers 6 7 8 9 10 11 12 7:00 PM 7:00 PM 7:00 PM REGULAR ENVIRONMENTAL PARK £t REC LABOR DAY COUNCIL MEETING QUALITY ADVISORY Council Chambers COMMITTEE COMMISSION CITY OFFICES (EQC) MEETING (PRAC) MEETING CLOSED Medicine Lake Room Park Maintenance 13 14 15 16 17 18 19 7:00 PM PLANNING COMMISSION MEETING Council Chambers ROSH HASHANAH Begins at Sunset 20 21 22 23 24 25 26 7:00 PM 7:00 PM 11:30 AM REGULAR COUN- HRA MEETING Plymouth on Parade CIL MEETING Council Chambers Celebration Council Chambers City Center Area YOM KIPPUR Begins at Sunset 27 28 29 30 Modified on 01/07/ 15 CHANGES ARE MADE IN RED Page 7