HomeMy WebLinkAbout2008 06-23 CCP Regular Session Public Copy
AGENDA
CITY COUNCIL STUDY SESSION
June 23 2008
6:00 P.M.
City Council Chambers
A copy of the full City Council packet is available to the public. The packet ring binder is
located at the front of the Council Chambers by the Secretary.
1. City Council Discussion of Agenda Items and Questions
2. Miscellaneous
3. Discussion of Work Session Agenda Items as Time Permits
4. Adjourn
I
CITY COUNCIL MEETING
City of Brooklyn Center
June 23, 2008 AGENDA
L Informal Open Forum With City Council 6:45 p.m.
provides an opportunity for the public to address the Council on items which are not on
the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not
be used to make personal attacks, to air personality grievances, to make political
endorsements, or for political campaign purposes. Council Members will not enter into a
dialogue with citizens. Questions from the Council will be for clarification only. Open
Forum will not be used as a time for problem solving or reacting to the comments made
but, rather, for hearing the citizen for informational purposes only.
2. Invocation 7 p.m.
3. Call to Order Regular Business Meeting
—The City Council requests that attendees turn off cell phones and pagers during the
meeting. A copy of the full City Council packet is available to the public. The packet
ring binder is located at the front of the Council Chambers by the Secretary.
4. Roll Call
5. Pledge of Allegiance
6. Council Report
7. Approval of Agenda and Consent Agenda
—The following items are considered to be routine by the City Council and will be
enacted by one motion. There will be no separate discussion of these items unless a
Councilmember so requests, in which event the item will be removed from the consent
agenda and considered at the end of Council Consideration Items.
a. Approval of Minutes
1. June 2, 2008 Joint Work Session with Financial Commission
2. June 9, 2008 Study Session
3. June 9, 2008 Regular Session
b. Licenses
8. Presentations/Proclamations/Recognitions/Donations
None
CITY COUNCIL AGENDA -2- June 23, 2008
9. Public Hearings
a. An Ordinance Amending Brooklyn Center City Code Section 19-402 Relating to
Dangerous Weapons and Facsimile Firearms
—This item was first read on May 27, 2008; published in the official newspaper on
June 5, 2008; and is offered for second reading and Public Hearing.
•Requested Council Action:
—Motion to open the Public Hearing.
—Take public input.
—Motion to close the Public Hearing.
—Motion to adopt ordinance.
10. Planning Commission Items
None
11. Council Consideration Items
a. Amend 2008 City Council Meeting Schedule
•Requested Council Action:
—Motion to amend 2008 City Council meeting schedule and set date and
time of City Council Work Session to discuss budget overview and
process review with Financial Commission for Monday, July 7, 2008, at
6:30 p.m. to be held at City Hall Council Chambers.
12. Adjournment
Agenda Items Tabled
An Ordinance Relating to Administrative Fines; Adding a New Section 12.13 to the
Brooklyn Center City Charter
—This item was first read on February 25, 2008; published in the official newspaper
on Mareh 6, 2008; and tabled at the March 24, 2008, meeting.
City Council Agenda Item No. 7a
�,t �f Office of the City Clerk
BRO�I��Y�V
C'E,NTE7Z
i
MEMORANDUM
TO: Curt Boganey, City Manager
FROM: Sharon Knutson, City Clerk����
DATE: February 11, 2008
SUBJECT: COLTNCILMEMBER YELICH: Requested Change to June 9, 2008, Study
Session Minutes
Councilmember Yelich requested that the June 9, 2008, Study Session, Minutes be amended as
attached.
i
Sharon Knutson
om: Curt Boganey
�nt: Monday, June 23, 2008 1:20 PM
Sharon Knutson
Cc: Maria Rosenbaum
Subject: FW: Request correction to minutes of June 9th study session:
FYI
From: Mark Yelich
Sent: Monday, ]une 23, 2008 12:17 PM
To: Curt Boganey
Subject: Request correction to minutes of June 9th study session:
Request correction to minutes of ]une 9th study session:
Under Registered Sex Offender.... section
dele�e add
"He reauested sa�# staff aatlier summary counts'�"� of
registered sex offenders by caparable cities eetr�."
�espectfully,
`r`��.�
Brooklyn Center City Council
763-486-6001
Winds of change are helpful when there are (eaders to trim the sails!
1
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
JOINT WORK SESSION WITH FINANCIAL COMMISSION
JLTNE 2, 2008
CITY HALL COUNCIL CHAMBERS
CALL TO ORDER
The Brooklyn Center City Council met in Joint Work Session with the Financial Commission and
was called to order by Mayor Tim Willson at 6:34 p.m.
ROLL CALL
Mayor Tim Willson and Councilmembers Kay Lasman, Mary O'Connor, Dan Ryan, and Maxk
Yelich. Also present: City Manager Curt Boganey, Fiscal and Support Services Director Dan Jordet,
and De u Ci Clerk Maria Rosenbaum.
P tY tY
Others present were Financial Commissioners Philip Berglin, Todd Boster, Susan Shogren Smith
(arrived at 6:37 p.m.), and Rex Newman.
Financial Commissioner Mark Nemec was absent and excused.
COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR 2007
AUDITOR'S OPINION, SPECIAL PURPOSE AUDIT REPbRTS, MANAGEMENT
REPORT MALLOY, MONTAGUE, KARNOWSHI RADOSOVICH, LTD.
Fiscal and Support Services Director Dan Jordet discussed that the audit was off to a late start this
year due to Request for Proposals for auditing services. Malloy, Montague, Karnowsici
Radosovich, Ltd. had been selected for the City's Auditing Firm and Jim Eicthen was introduced to
review the City's Management Report and Special Purpose Audit Report.
Mr. Eichten informed that the City in general received a clean opinion and suminarized the
Management Report and Special Purpose Audit Report as follows:
Understanding the Auditor's Responsibility
Planned Scope and Timing of the Audit
Audit Opinion and Findings
As part of the audit's findings, there were seven matters involving the City's internal control over
financial reporting that were considered to be significant deficiencies but not material weaknesses.
06/02/08 -1- DRAFT
Mr. Eichten stated that if this audit would have been done last year without the new auditing
standards, there would have been only one finding; and that finding is the lack of established
procedures over the verification of utility meter readings.
Mr. Eichten continued summarizing the seven internal control findings as follows:
2007-1 Utilitv Billin� Se�re�ation of Duties
The City should continue to look at ways to segregate the utility billing duties to satisfy all
internal control recommendations.
2007-2 Pavroll Se�resation of Duties
This finding has a need for compensated controls due to software issues. There is no
disagreement in principle with the audit finding and the City should consider further
segregation of payroll duties to satisfy all internal control recommendations.
2007-3 Lack of Mana�ement Abnroval
Three areas within the accounting and reporting internal accounting control systems have
been found to be lacking management approval and they are as follows:
Bank reconciliations are reconciled monthly; however, these reconciliations
are not approved by an appropriate level of management.
The appropriate level of management reviews supporting docuxnentation or
check registers for all accounts payable transactions; however, typically this
is not done until after the checks have been signed and mailed.
There is no approval of payroll by management, nor are payroll registers
reviewed throughout the year. The allocation of payroll costs should also be
monitored and approved by Department Heads on a periodic basis.
There is no disagreement with the audit finding and the City is aware of the lack of approval
from management and is currently working to strengthen the management approval process.
2007-4 Inadeauate Documentation of the Comnonents of Internal Controls
The City does not have formal written accounting and financial reporting procedures. The
effect is that implied or verbal accounting procedures are subject to greater variation of its
meaning and the likelihood of misinterpretation increases when accounting procedures are
not written. The City does, however, have a well written Accounting Policy and correcting
this finding should be easy to complete.
06/02/08 -2- DRAFT
2007-5 Utilitv Billin� Svstem
This findin is one that has carried over and the Ci is currentl in the rocess of develo in
g tY Y P P g
plans to design, build, finance, and install an automated utility billing system which would
eliminate this finding.
2007-6 Canital Asset Internal Controls
This finding is unusual because of the number of capita.l assets for storm drainage in that the
City was including the cost of capital assets of the storm drainage system within its
governmental activities instead of appropriately recording these capital assets in the business-
type activities. There was no disagreement with this audit finding; however, it is
recommended that the City improve controls over the processing of capital assets to ensure
future adjustments to prior periods are not required.
2007-7 Other Post-Emplovment Benefits
There was no disagreement with this finding; however, this finding is just the beginning of a
more complex issue. The City needs to improve documentation ofthe eligibility of retirees
for other post-employment benefits for those that currently qualify for this benefit. The City
also needs to consider clarifying the language in the City Council resolutions to make it less
difficult to determine eligibility for those benefits for current employees. In 2008, the City
will need to implement GASB Statement No. 45 which will be phased in over a three-year
period and this will help with actual liability.
Mr. Eichten continued the suminarization of the Management Report and discussed that there were
three sensitive factors requiring estimates affecting the financial statements. Those three were
depreciation, other post employment health benefit liabilities, and land held for resale. Management
expects any differences between estimates and actual amounts of these estimates to be insignificant.
Management procedures and underlying supporting documentation was reviewed and tested and the
accounting estimates and management judgments appeared to consider all significant factors and
resulted in appropriate accounting recognition.
Mr. Eichten discussed the new auditing standazds and informed that the new model involves a much
more thorough review, analysis, and documentation of the City's environment, systems, procedures,
and internal controls.
Mr. Eichten informed that pages four through seventeen of the Management Report were financial
results and pointed out benchmarks for Market Values, Tax Capacity, Governmental Funds Revenue
per Capita, General Fund Balance and Expenditures, Operating Revenue and Income (Loss), and
Statement of Net Assets.
06/02/08 -3- DRAFT
Mr. Eichten wrapped up his suxnmarization informing that the City had no findings of Minnesota
Legal Compliance and that this is a very positive point; the City had done an exceptional job on their
Financial Report; and that he wished to express thanks for having this report done when arriving to
complete the audit.
The Council and Financial Commissioners discussed Tax Increment Financing and formulas used for
Tax Increment Financing.
ADJOURNMENT
Councilmember Lasman moved and Councilmember Ryan seconded to adjourn the Work Session at
8:10 p.m. Motion passed unanimously.
06/02/08 -4- DRAFT
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER 1N THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
STUDY SESSION
JLTNE 9, 2008
CITY HALL COUNCIL CHAMBERS
CALL TO ORDER
The Brooklyn Center City Council met in Study Session called to order by Mayor Tim Willson
at 6:00 p.m.
ROLL CALL
Mayor Tim Willson and Councilmembers Kay Lasman, Mary O'Connor, Dan Ryan, and Mark
Yelich. Also present were City Manager Curt Boganey, Director of Fiscal Support Services
Dan Jordet, Public Works Director/City Engineer Todd Blomstrom, Community Development
Director Gary Eitel, and Carol Hamer, TimeSaver Off Site Secretarial, Inc.
CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS
Councilmember Yelich requested discussion on Agenda Item No. 11 c, specifically in relation to
whether additional funds are anticipated that would allow acceleration of the City's Capital
Improvement Program (CIP). Mr. Boganey replied he does not have strong indications on the
prospect for a significant increase in revenues or reduction in expenses that would allow a
significant acceleration in the CIP. He explained the expected increase in Local Government Aid
(LGA) will have no beneficial impact on the City's ability to generate more revenue next year.
This is due to the requirement to reduce property ta�ces by the increased amount of LGA funding.
There was additional discussion on Agenda Item No. 11c, specifically in relation to
consideration of traffic calming measures with the preparation of the feasibility report. Mr.
Blomstrom explained that adoption of the proposed resolution allows staff to begin meeting with
residents to obtain feedback on concerns in this area. Adoption of the resolution also authorizes
funding for preliminary work used to develop the feasibility report, including traffic
measurements, soil borings, etc.
Mr. Boganey stated improved traffic control and speed reduction is part of the assessment of the
study. Unfortunately, in many of the locations of the City that follows the grid layout they are
somewhat limited in terms of how they are able to respond in terms of re-engineering. In
situations where there is clearly a severe problem it would be worth the cost to do something to
address the issue.
MISCELLANEOUS
RECREATIONAL FIRES
Councilmember O'Connor requested discussion regarding a letter submitted to City Council
Members expressing concern about smoking pits in people's yards and requesting that Council
review the recreational fire ordinance. She asked whether there is monitoring done to ensure that
06/09/08 -1- DRAFT
residents are following the ordinance. Mr. Boganey indicated staff looked into the concerns and
contacted the individual who submitted the email. It is his understanding that the individual was
satisfied after talking to staff, and that the individual understands the permit process and what to
do in the future if he observes what he believes to be noncompliance with the ordinance. Mr.
Boganey indicated he will provide Council with a copy of sta.ffls response to the concern.
There was discussion on the recreational fire ordinance and the permit process for recreational
fires. There was discussion on whether there is support by the Council to review the ordinance. It
was noted that with the drafting of the current ordinance there was consideration of coming to a
reasonable compromise, recognizing that recreational fires are an activity families can enjoy
together while taking into consideration the surrounding neighbors' rights.
FINANCIAL REPORTS
Councilmember Yelich n t d there we er of findin s included in the Ci s Annua.l
o e re a numb g ty
Financial Re ort CAFR relatin to internal controls. He su ested reducin the fre uenc of
P g gg g q Y
financial reports being submitted to Council to a quarterly, rather than monthly, frequency if the
staff time currently put into preparing the reports could be directed into addressing some of the
internal control issues. Mr. Boganey stated the Finance Director will be requested to prepare his
response and establish what it will take to eliminate the findings included in the CAFR. If the
Finance Director were to indicate that going from a monthly to a quarterly report would be
beneficial in relation to the staff time or resources used in the preparation of the reports, that
recommendation would be brought forward to the Council. He advised the requirement for a
monthly report may be included in the City Charter.
UPDATE ON 57 AND LOGAN AVENUES CONTAMINATION
Councilmember O'Connor requested an update on the 57�` and Logan Avenues contammation
and asked when the next meeting regarding this issue will be held. Mr. Boganey replied he
discussed this issue with Minnesota Pollution Control Agency (MPCA) staff about two weeks
ago. They are currently anticipating that the next meeting will be sometime in July or August,
but no final determination has been made as of yet. Staff is in the process of holding discussions
with the MPCA regarding additional testing they would like the City to do.
REGISTERED SEX OFFENDER PUBLIC NOTIFICATION MEETING
Councilmember Yelich stated he attended the registered sex offender public notification meeting
on June 5�'. The meeting was very well attended by residents and a lot of good information was
presented by the State and the Jacob Wetterling Foundation. He suggested staff forward a request
to the Bureau of Criminal Apprehension (BCA) for the summary counts that were presented on
registered sex offenders by county. Mr. Boganey indicated he will contact the BCA with the
request:
ADJOURNMENT
Councilmember Lasman moved and Councilmember Ryan seconded to close the Study Session
at 6:42 p.m.
Motion passed unanimously.
06/09/08 -2- DRAFT
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER 1N THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
REGULAR SESSION
JLTNE 9, 2008
CITY HALL COUNCIL CHAMBERS
1. INFORMAL OPEN FORUM WITH CITY COUNCIL
CALL TO ORDER INFORMAL OPEN FORUM
The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Tim
Willson at 6:45 p.m.
ROLL CALL
Mayor Tim Willson and Councilmemb�rs Kay Lasman, Mary O'Connor, Dan Ryan, and Mark
Yelich. Also present were City Manager Curt Boganey, Director of Fiscal Support Services Dan
Jordet, Public Works Director/City Engineer Todd Blomstrom, Community Development Director
Gary Eitel, City Attorney Charlie LeFevere, and Carol Hamer, TimeSaver Off Site Secretarial, Inc.
Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum.
Ms. Diane Sannes, 7006 Willow Lane N, addressed the Council and announced a Water Quality Day
Event will be held in Riverdale Park on Thursday, June 12, 2008. Four hundred plants will be
delivered at the park and they will begin planting the City's rain garden at 3:00 p.m. In addition they
i will be posting "No Dumping Drains to River" stickers on the storm drains they now have in
Riverwood.
Miss Ava Roche, 816 69 Avenue N, addressed the Council and stated she was riding her bike in a
cul-de-sac today when a man yelled at them to leave and stared rudely at them.
Mr. Tim Roche, 816 69�' Avenue N, addxessed the Council and stated the person in question was at
the home on the northeast corner of 67�' Avenue N, opposite of 500 67�' Avenue N. He stated this is
commonplace with this individual and he should be notified that cul-de-sacs are public property and
children should be able to ride their bikes in cul-de-sacs. Mr. Roche raised the following additional
issues:
Suggestion for a more accessible bus route extension. He asked who should be contacted
with this suggestion.
The lawn at 69�" Dupont Avenues North has not been mowed. With the amount of
foreclosed homes he suggests looking into charging the businesses, banks and entities that
hold the mortgages on foreclosed homes far the cost the City incurs in mowing the lawns
until they begin doing the maintenance themselves.
Parking issue: his friend received a ticket for paxking on 69�' Avenue while they were in his
front yaxd. He finds this disturbing on a road that does not have curb and gutter and is wider
than Bryant Avenue. He stated the parking restriction was only intended to be in front of the
apartments.
Ms. Diane Sannes, 7006 Willow Lane N, addressed the Council and provided the following
information:
06/09/08 -1- DR.AFT
The 100�' Birthday Celebration kick off ineeting was held and subcommittee meetings have
been held.
The "Impact Tomorrow" project has been started. Due to foreclosures and the impact on
economic development the City's small businesses are more important than ever. They are
getting the businesses together and letting them know who their neighbors are if they are
interested in crime watch and working with their neighbors. There have been a lot of
questions from the businesses, which she has been feeding to the E-Citizen System on the
City website.
There have been problems with transient merchants and door to door salespeople. Merchants
have expressed the need for an ordinance to address the issue.
o Mr. Boganey indicated transient merchants are regulated and a permit is required. He
will verify the process involved with door to door sales.
Councilmember Lasman moved and Councilmember Ryan seconded to close the Informal Open
Forum at 7:02 p.m.
Motion passed unanimously.
2. INVOCATION
Councilmember Ryan requested a moment of silence and personal reflection as the Invocation.
3. CALL TO ORDER REGULAR BUSINESS MEETING
The Brooklyn Center City Council met in Regulax Session called to order by Mayor Tim Willson at
7:03 p.m.
4. ROLL CALL
Mayor Tim Willson and Councilmembers Kay Lasman, Mary O'Connor, Dan Ryan, and Mark
Yelich. Also present were City Manager Curt Boganey, Director of Fiscal Support Services Dan
Jordet, Public Works Director/City Engineer Todd Blomstrom, Community Development Director
Gary Eitel, City Attorney Charlie LeFevere, and Carol Hamer, TimeSaver Off Site Secretarial, Inc.
5. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
6. COUNCIL REPORT
Councilmember Ryan reported on attending the following events:
June 2 nd Joint City Council/Financial Commission meeting to review the 2007
Comprehensive Annual Financial Report. He thanked the members of the Financial
Commission and noted the City received an unqualified opinion on the presentation of its
financial information.
June 5�` Registered Sex Offender Notification meeting regarding an individual on the 6400
block of Regent Avenue N. The Police Department is fully mindful of its duty to monitor the
individual to ensure compliance with regulations.
Councilmember Lasman reported on attending the following events:
06/09/08 -2- DRAFT
May 28�' Centennial Celebration Committee meeting. The City Manager was very significant
in helping the committee get organized and looking at the layout of what is ahead.
June 2 Joint City Council/Financial Commission meeting.
June 5�' Registered Sex Offender Notification meeting regarding the anticipated release of a
Level III Sex Offender on the 6400 block of Regent Avenue.
June S Town Meeting. Representatives Hilstrom and Nelson and Senator Scheid provided
an update on legislation and answered questions of the residents.
Councilmember Yelich reported on attending the June 2 open house at Odyssey Charter School at
62 and Noble Avenues N. It was an opportunity for the students to show projects they have been
working on in a variety of things that involved science and social issues. The program director
pointed out that the program is financialiy viable and there is a growing interest in the school. The
parents he talked to are pleased with the improved academic performance of their children at the
schooL
Councilmember O' Connor reported on attending the following events:
June 2 Joint City Council/Financial Commission meeting,
Earle Brown Days Meeting: The Earle Brown Days Parade will be June 26�' along Dupont
Avenue N and there will be festivities at Central Park and the Community Center on June
27�' and 28�`.
Mayor Willson reported on attending the following events:
May 28�` Centennial Celebration Committee meeting.
June 2 Joint City CounciUFinancial Commission meeting.
June 5�' Registered Sex Offender Notification meeting held in conjunction with the
Legislative Town Meeting.
May 30�' Neighborhood Organizational Meeting at the SuperAmerica at 57�' and Logan
Avenues N.
June 6�' Northwest Cities interview with Cable 12.
7. APPROVAL OF AGENDA AND CONSENT AGENDA
Councilmember Lasman moved and Councilmember Ryan seconded to approve the Agenda and
Consent Agencta, and the following consent items were approved:
7a. APPROVAL OF MINUTES
1. May 27, 2008 Study Session
2. May 27, 2008 Regular Session
3. May 27, 2008 Work Session
7b. LICENSES
AMUSEMENT DEVICES
Theisen Vending Company 2335 Nevada Avenue N, Golden Valley
Metro Coin of Minnesota, Inc. 14940-B 28�' Avenue N, Plymouth
West Coast Amusements Vending 1489 East Sunset, Tulare, CA
MECHANICAL
Cronstroms Heating and A/C 6437 Goodrich Avenue, St. Louis Park
Patton Heating and Air 25809 Virgo Street NE, Stacy
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Swenson Heating and Air 12723 320�' Avenue, Princeton
RENTAL
INITIAL
4100 61 St Ave N Emmanuel Coker
6712 France Ave N Felicia Mensah Donkor
RENEWAL
5209 Xerxes Ave N Mei Hua
5211 Xe�es Ave N Mei Hua
Lake Shore Apts
4809-11 Twin Lake Ave Curtis Erickson
5235 Drew Ave N Jay Nelson Battenberg
7030 Newton Ave N Malcolm Vinger II
6406 Indiana Ave N William Coleman
SIGNHANGER
Schad Tracy Signs 325 MN Avenue N, Oronoco
Motion passed unanimously.
8. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS
8a. RESOLUTION NO. 2008-68 EXPRESSING RECOGNITION AND APPRECIATION
OF GENE MAZE FOR HIS PUBLIC SERVICE ON THE FINANICAL
COMMISSION
Mayor Willson recited Resolution Expressing Recognition and Appreciation of Gene Maze for his
Public Service on the Financial Commission.
Councilmember Ryan moved and Councilmember Yelich seconded to approve RESOLUTION NO.
2008-68 Expressing Recognition and Appreciation of Gene Maze for his Public Service on the
Financial Commission.
Motion passed unanimously.
8b. RESOLUTION NO. 2008-69 EXPRESSING RECOGNITION AND APPRECIATION
OF JESSICA ROERICK FOR HER PUBLIC SERVICE ON THE FINANICAL
COMMISSION
Mayor Willson recited Resolution Expressing Recognition and Appreciation of Jessica Roerick for
her Public Service on the Financial Commission.
Councilmember Lasman moved and Councilmember Yelich seconded to approve RESOLUTION
NO. 2008-69 Expressing Recognition and Appreciation of Jessica Roerick for her Public Service on
the Financial Commission.
Motion passed unanimously.
8c. RESOLUTION NO. 2008-70 EXPRESSING RECOG1vITION AND APPRECIATION
06/09/08 -4- DRAFT
OF JOHN BENTZEN FOR HIS 38 YEARS OF DEDICATED SERVICE TO THE
CITY OF BROOKLYN CENTER
Mayor Willson recited Resolution No. 2008-70 Expressing Recognition and Appreciation of John
Bentzen for his 3 8 Years of Dedicated Service to the City of Brooklyn Center.
Councilmember Ryan moved and Councilmember O'Connor seconded to approve RESOLUTION
NO. 2008-70 Expressing Recognition and Appreciation of John Bentzen for his 38 Years of
Dedicated Service to the City of Brooklyn Center.
Mayor VJillson also thanked Mr. Bentzen for his service as a volunteer firefighter and wished him a
wonderful retirement.
Motion passed unanimously.
9. PUBLIC HEARING
None
10. PLANNING COMMISSION ITEMS
None
11. COUNCIL CONSIDERATION ITEMS
lla. MAYORA�. APPOINTMENT PARK AND RECREATION COMMISSION
Mayor Willson requested Council ratification of Mr. Dan Starling, 2818 Mumford Road, to the Park
and Recreation Commission with term expiring December 31, 2008.
Councilmember Lasman moved and Councilmember Ryan seconded to ratify Mayoral nomination
of Dan Starling to the Park and Recreation Commission with term expiring December 31, 2008.
Motion passed unanimously.
llb. AN ORDINANCE AMENDING SECTIONS 11-107 AND 11-110 OF THE CITY
CODE OF ORDINANCES RELATING TO LIQUOR LICENSES
Mr. Boganey introduced the item, discussed the history, stated the purpose of the proposed
ordinance, and answered questions of the CounciL
Mr. Boganey explained that by amending the liquor ordinance it would authorize the City Council to
grant a temporary on-sale liquor license to Surly Brewing Company and allow the brewery to hold a
social event and charge for the beer provided to the guests.
There was discussion on Minnesota Statute 340A.404, Subd. 10, paragraph (c), specifically in
relation to the addition of brewers who manufacture fewer than 3,500 bartels of malt liquor in a year
to the list of organizations that may be issued a temporary license for the on-sale of intoxicating
liquor in connection with a social event within the municipality sponsored by the brewer.
Councilmember Lasman moved and Councilmember Ryan seconded to approve first reading of An
Ordinance Amending Sections 11-107 and 11-110 of the City Code of Ordinances Relating to
06/09/08 -5- DR.AFT
Liquor Licenses and set second reading and Public Hearing for July 14, 2008.
There was discussion on the following in relation to the temporary on-sale liquor license:
The definition of "brewer" falls under State definitions.
The cost of a temporary license in comparison to a regular bar license.
Temporary licenses for brewers do not include the requirement to serve food.
The following language included in the ordinance was noted: "The license may authorize the sale of
intoxicating liquor to be consumed on the Premises for not more than three consecutive days, and the
City sha11 issue no more than twelve days' worth of temporary licenses to any one organization or
for any one location within a 12-month period."
Councilmember O'Connor requested the vote on the ordinance amendment to Sections 11-107 and
11-110 be acted on separately.
The motion on the floor was withdrawn.
Councilmember Lasman moved and Councilmember Ryan seconded to approve first reading of An
Ordinance Amending Section 11-107 of the City Code of Ordinances Relating to Liquor Licenses
and set second reading and Public Hearing for July 14, 2008.
Motion passed unanimously.
Councilmember Ryan moved and Councilmember Yelich seconded to approve first reading of An
Ordinance Amending Section 11-110 of the City Code of Ordinances Relating to Liquar Licenses
and set second reading and Public Hearing for July 14, 2008.
Motion passed unanimously.
llc. RESOLUTION NO. 2008-71 ESTABLISHING IMPROVEMENT PROJECT NOS.
2009-01, 02, 03, AND 04, ALDRICH AREA NEIGHBORHOOD STREET, STORM
DRAINAGE AND UTILITY IMPROVEMENTS
Mr. Boganey introduced the item. Mr. Blomstrom provided a brief overview of Improvement Project
Nos. 2009-01, 02, 03, and 04, the Aldrich Area Neighborhood Street, Storm Drainage and Utility
Improvements.
Councilmember Lasman moved and Councilmember Yelich seconded to approve RESOLUTI�N
NO. 2008-71 Establishing Improvement Project Nos. 2009-01, 02, 03, and 04, Aldrich Area
Neighborhood Street, Storm Drainage and Utility Improvements.
Motion passed unanimously.
lld. RESOLUTION NO. 2008-72 ACCEPTING WORK PERFORMED AND
AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 2007-13,
CONTRACT 2008-C, REFORESTATION OF 2006 STREET IMPROVEMENT
PROJECT AREAS
Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed
resolution.
06/09/08 -6- DRAFT
Councilmember Yelich moved and Councilmember O'Connor seconded to approve RESOLUTION
NO. 2008-72 Accepting Work Performed and Authorizing Final Payment, Improvement Project Na
2007-13, Contract 2008-C, Reforestation of 2006 Street Improvement Proj ect Areas.
Motion passed unanimously.
lle. AMEND 2008 CITY COUNCIL MEETING SCHEDULE TO ADD 2030
COMPREHENSIVE PLAN UPDATE SPECIAL MEETING
Mr. Boganey introduced the item, discussed the history, and stated the purpose of the amendment to
the 2008 City Council meeting schedule to add the 2030 Comprehensive Plan Update Speeial
Meeting.
Councilmember Lasman moved and Councilmember O' Connor seconded to amend the 2008 City
Council meeting schedule and add 2030 Comprehensive Plan Update Special Meeting on June 30,
2008, at 7:00 p.m.
Councilmember Ryan stated he will not be able to attend the meeting due to a scheduled vacation.
Motion passed unanimously.
llf. AN ORDINANCE AMENDING ORDINANCE NO. 2006-03 REGARDING COUNCIL
SALARIES FOR 2009-2010
Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed
ordinance.
There was discussion on the recommended increase in Council salaries. It was noted that under the
current policy the Financial Commission sets the Council salaries, which removes any political
influence from the decision. It was noted that there have been years when the Financial Commission
has determined not to give the Council a raise.
Councilmember Ryan moved and Councilmember Lasman seconded to adopt a Resolution
Amendin Ordinance No 2006-03 Re ardin Council Salaries for 2009-2010.
g g g
Councilmember O'Connor moved to amend the motion on the floor to delete Section 2 from the
proposed ordinance, with no raise in 2009 and a 2% raise effective January 1, 2010, resulting in an
annual salary in 2010 for Mayor of $11,166 and annual salary in 2010 for Council Members of
$8,549.
Motion died for lack of a second.
There was additional discussion on the recommended increase in Council salaries. It was noted that
the recommended salary increases result in a total budget increase of approximately $1,797 for the
two-yeax period of 2009 and 2010.
Mr. Boganey clarified the motion on the floor is for adoption of a resolution; the appropriate motion
is to approve first reading of the ordinance and set second reading and Public Hearing for July 14,
2008.
06/09/08 -7- DRAFT
The motion on the floor was amended as follows: "Motion to approve first reading of An Ordinance
Amending Ordinance No. 2006-03 Regaxding Council Salaries for 2009-2010, and set second
reading and Public Hearing for July 14, 2008.
Councilmember O'Connor voted against the same. Motion passed.
llg. RESOLUTION NO. 2008-73 ADOPTING COMPREHENSIVE ANNUAL
FINANCIAL REPORT OF THE CITY OF BROOKLYN CENTER FOR THE
CALENDAR YEAR ENDED DECEMBER 31, 2007
Mr. Boganey introduced the item. Mr. Jordet provided a brief overview of the Comprehensive
Annual Financial Report (CAFR) of the City of Brooklyn Center for the Calendax Year Ended
December 31, 2007, specifically in regards to the following: 1) Interest Income (2004 2007); 2)
Beginning Cash (2004 2007); 3) Debt by Type (2004 2007); 4) Total Debt (2004 2007); 5)
Statement of Net Assets December 31, 2007; 6) General Fund Operations (2005 2007); 7) General
Fund Cash Reserve (2006 2008); 8) Statement of Cash Flows Proprietary Funds December 31,
2007.
There was discussion on the following in relation to the CAFR:
Tax Increment Financing (TIF) debt.
Council policy on required Reserve Fund balance.
Past practice of Municipal Liquor Fund transfers to the Capital Improvement Fund.
Mr. Jordet provided an overview of comments/findings on Internal Control and Operational issues
and on the actions being taken to address the comments/findings.
There was discussion on remaining TIF debt service payments and on estimated and actual revenue
and expenditures. Mr. Jordet clarified that departments and divisions that were under budget far
exceeded those that were over budget in the General Fund, resulting in a$433,000 surplus.
It was noted that the City received an unqualified opinion on the presentation of the 2007 financial
information.
Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION
NO. 2008-73 Adopting Comprehensive Annual Financial Report of the City of Brooklyn Center far
the Calendar Yeax ended December 31, 2007.
It was noted that comparative numbers on operational revenues and expenditures will be a topic for
discussion during the next budget cycle.
There was discussion on TIF and redevelopment in the City. There was additional discussion on
revenues and expenditures. Councilmember O'Connor expressed concern regarding the City's use of
reserve funds and debt. Mayor Willson pointed out that the trend analysis data over the last ten years
shows that the City is doing well in lowering its costs. Mr. Boganey noted that the City's ability to
maintain a very solid bond rating is a good indicator that the City's fiscal house is in very good
order.
Motion passed unanimously.
06/09/08 -8- DRAFT
City Council Agenda Item No. 7b
COUNCIL ITEM MEMORANDUM
TO: Curt Boganey, City Manager
FROM: Maxia Rosenbaum, Deputy City Clerk
DATE: June 17, 2008
SUBJECT: Licenses for Council Approval
Recommendation:
I recommend that the City Council approve the following list of licenses at its June 23, 2008, meeting.
Background:
I The following businesses/persons have applied for City licenses as noted. Each business/person has
fulfilled the requirements of the City Ordinance governing respective licenses, submitted appropriate
applications, and paid proper fees. Applicants for rental dwelling licenses are in compliance with
I Chapter 12 of the City Code of Ordinances, unless comments are noted below the property address on
the attached rental report.
AMUSEMENT DEVICES
Mendota Valley Amusement, Inc. 11071 93` Ave N, Maple Grove
Regal Cinemas 6420 Camden Ave N
FIREWORKS
TNT Fireworks 4511 Helton Drive, Florence, AL
GARBAGE HAULERS
Ace Solid Waste, Inc. 6601 McKinley Street NW, Ramsey
BFI Waste Systems P.O. Box 39, Circle Pines
Darling International, Inc. 9000 382 Avenue, Blue Earth
Haugen's Haulers, Inc. 7386 31 Street SE, Buffalo
Randy's Sanitation, Inc. P.O. Box 169, Delano
SANIMAX 505 Hardman Avenue South St. Paul
Walters Rec clin Refuse P.O. Box 67 Circle Pines
Y g
Walz Brothers Sanitation P.O. Box 627, Maple Grove
LIOUOR ON-SALE 3.2 PERCENT MALT LIOUOR
Familia Mexican Buffet (Zoe Lord) 6000 Shingle Creek Parkway
MECHANICAL
Anderson Heating and Air 4347 Central Avenue NE, Columbia Heights
Joseph Joseph Consulting 34 Imperial Drive E, West St. Pau1
Tota1 Comfort 4000 Winnetka Avenue N, New Hope
Page 2
Licenses for Council Approval
June 23, 2008
RENTAL
See attached report.
SIGN HANGER
Install This Awning and Sign Co. 4835 Lyndale Ave N, Minneapolis
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°r yr.r.� :i� p i.'
6119 Beard Ave N� Single Family Initial �Hal Le None per 12-911 Ordinance OK OK
6007 Pearson Dr ISingle Family I initial IShane Sander �None per 12-911 Ordinance OK OK
5312 Queen Ave N ISingle Family I Initial IBrian Hamilton/Ryan Wellenstein �None per 12-911 Ordinance OK OK
Victona lownhomes t3 Bldg 1 Damage, Z Disturbance, 5 thetts, and 1
6740 Grimes PI 48 Units Renewal The Gaughan Properties weapons (.21) OK OK
unity Place 11 Bldg 5 6urgalary, 4 Damage, 9 Disturbacne, 4
7256 Unity Ave N 112 Units Renewal CHDC LTD Parternship thefts, and 2 weapons (.22) OK OK
1 61dg
5207 Xerxes Ave N 12 Units Renewal Dennis Bona 2 Disturbace (.17) OK OK
3413 62nd Ave N ISingle Family Renewal ILee Mixson �None per 12-911 Ordinance OK OK
4507 Kathrene Dr �Single Family Renewal ITfieophilus Nyumah �None per 12-911 Ordinance OK I OK
5900 Washburn Ave N �Single Family Renewal IJohn Gail Lambert �None per 12-911 Ordinance OK OK
5925 Washburn Ave N ISingle Family Renewal ICheng Lor �None per 12-911 Ordinance OK I OK
I
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City Council Agenda Item No. 9a
COUNCIL ITEM MEMORANDUM
TO: Curt Boganey, City Manager
FROM: Sharon Knutson, City Clerk r
DATE: June 17, 2008
SUBJECT: An Ordinarice Amending Brooklyn Center City Code Section 19-402 Relating to
Dangerous Weapons and Facsimile Firearms
Recommendation:
It is recommended that the City Council consider adoption of An Ordinance Amending Brooklyn
Center City Code Section 19-402 Relating to Dangerous Weapons and Facsimile Firearms.
Background:
At its May 27, 2008, meeting, the Brooklyn Center City Council approved first reading of An
Ordinance Amending Brooklyn Center City Code Section 19-402 Relating to Dangerous
Weapons and Facsimile Firearms.
The second reading and Public Heaxing axe scheduled for June 23, 2008. Notice of Public
Hearing was published in the Brooklyn Center Sun-Post newspaper on June 5, 2008. If adopted,
effective date will be August 2, 2008.
Budget Issues:
There are no budget issues to consider.
COUNCIL ITEM MEMORANDUlYI
To: Cornelius Boganey, City Manager
From: Scott Bechthold, Chief of Police
Date: May 21, 2008
Subject: Ordinance Amending Brooklyn Center City Code Section 19-402
Relating to Dangerous Weapons and Facsimile Firearms
Recommendation:
Staff recominends the amendment of City Code Section 19-402 relating to dangerous
weapons and facsimile firearms. The atta.ched draft covers facsimile firearms that currently
are not covered under Sta.te Statute.
Background:
On May 20, 2008, the Hen.nepin County Criminal Justice Coordinating Committee held a
press conference to announce a new initiative by criminal justice agencies in Hennepin
County increasing their focus on holding juveniles accountable for carrying real or replica
fireanns. The goal of this new initiative is to reduce juvenile gun crime by holding juveniles
accountable if caught with BB guns, real guns or replicas.
One of the problems that police are experiencing is the increasing number of juveniies who
are found possessing replica, "AirSoft," weapons in a concealed manner as to simulate the
carrying of a real firearm. AirSoft weapons are an alternative form of a BB gun that shoots a
light weight plastic pellet that is non-lethal and does not fall within the definition of a
dangerous weapon under State sta.tute. The AirSoft weapon is designed around a highly
matured plastic polymer and is distinguished from a real firearm by a bright orange extension
that extends at least six millimeters from the muzzle end of the barrel which is permanently
affixed. The police department's concem in the recovery of these types of weapons is the
possessor often cuts off or paints the orange muzzle. The weapon at this point takes on the
appearance of a real firearm, and the public safety concern is clearly evident.
In addition, the current Sta.te statute defines a replica firearm as: a device or object that is not
defined as a dangerous weapon and that is a facsimile or toy version of, and reasonably
appeaxs to be a pistol, revolver, shotgun, rifle, machine gun, or other firearm. If such a
firearm is u.sed in a threatening manner, an individual may be charged with the crime under
Minnesota State Sta.tute 609.713, Terroristic Threats.
Minnesota State statutes, however, do not cover the possession only of replica firearms. The
draft ordinance remedies this problem, and provides an enforcement tool to charge
individuals who are caught possessing replica guns. It is important to note the draft
ordinance clearly defines a"facsimile fuearm" as any object which is a replica of an actual
firearm, which substantially duplicates an actual fireaim or which could reasonably be
e firearm
rentiates a facsimil
an actual firearm. This definition clearly diffe
erceived to be
p
from a toy. Two other cities in Hennepin County, Brooklyn Park and Minneapolis, ha�e
adopted similar ordinances.
Sudget Issues:
There are no budget issues to consider.
CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the 23 day of June, 2008, at 7:00 p.m. at City
Hall, 6301 Shingle Creek Parkway, to consider an ordinance relating to dangerous weapons and facsimile
fireanns.
Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please
notify the Deputy City Clerk at 763-569-3300 to make arrangements.
ORDINANCE NO.
AN ORDINANCE AMENDING BROOKLYN CBNTER CITY CODE SECTION 19-
402 RELATING TO DANGEROUS WEAPONS AND FACSII��II.E FIREARMS
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAlN AS FOLLOWS:
SECTION 1. The Brooklyn Center City Code of Ordinances, Section 19-402 is amended as
follows:
5ection 19-402. DANGEROUS WEAPONS AND FACSIMILE FTREARMS..
Subdivision l. Definitions..
a. "Dangerous weapon" means any firearms, airgun or pellet gun� whether loaded or
unloaded, or any device designed as a weapon and capable of producing death or great
bodily harm, or any other device or instrumenta.lity which, in the manner it is used or
intended to be used, is calculated or likety to produce death or great bodily harm.
b. "Facsimile firearm" means an�� obiect which is a replica of an actual fireann. which,
substantiallv dunlicates an actual firearm or which could reasonablv be nerceived to be an
actual firearm. unless:
l. The entire exterior surface of such ob�ect is colored white, briaht red. brieht
oranse. bri�ht vellow. bri�ht �reen. bri�ht blue, bri�ht aink or bri�ht uurole,
either sin�lv or as the oredominant color in combination with other colors in anv
nattern. or such ob�ect is constructed entirel�� of transuarent or translucent
materials which nermit unmistakable observation of the ob:ect's comolete
cantents; and
2. Such obiect has a blaze oranee extension that extends at least six (6) millimeters
from the muzzle end of the barrel of such ob:ect which is as an inte�ral part of
the obiect and is vermanentiv affixed; and,
3. Such obiect does not have a laser �ointer attached to it.,
"Facsimile firearm" does not include an�i actual firearm as otherwise re�ulated,
bv the Citv Code or bv the Minnesota Statutes.,
nn Aa' r• i r� a ��x���.+ io��� r i nc� ..a.,a r
v.� I .a .r
Suhdivision 2. The �rovisions of the Minnesota Statutes re�ulatin� fireatms and dangerous weapons
and as thev hereinafter mau be amended. are incorr�orated into this section. It shall be a violation of this.
section for anv nerson to en�-a�e in anv conduct nroscribed in the incor!�orated statutes.
Subdivision 3. Cam�in� of Dangerous Wea�ons and Facsimile Firearms Prohibited. It shall be unlawful
for anv verson within the Ci�� to carr� on or about his or her �erson or transoort in anv vehicle an�
dan�erous weaoon or facsimile firearm, excent:
a. Anv dan�erous weanon or facsimile firearm beine trans?orted bv a nerson not in
a vehicle directl� to or from anu nlace or activit� referred to in Section 19-401 or
to and from his or her vehicle. in a secured container..
b. Trans�ortation of anv dan�erous weanon or facsimile fireann in or u�on anv
motor vehicle in a secured container or in the locked trunk of such a vehicle..
The nrovisions of this section shall not be a�nlicable to the trans�ort of dan�erous wea�ons or
facsimile firearms b�� oersons who are reaularlv enea�ed in the lawful manufacture, distribution or sale at
retail or wholesale of dan�erous wea?ons or facsimile firearms. or the a�ents of anv of them while,
en�a�ed in such business; to the carr�.�in� or transport of dan¢erous weanons or facsimile firearms bU
licensed. full-time �eace officers. law enforcement officers. ar militarv nersonnel while in the course of
their duties; to nersons holdinQ a oermit to carr� a dan�erous weauon actin� within the scove of such
nermit: to anv officer of a state adult correctional facilitv when on euard dutv or otherwise en�a�ed in an
assiened dutv: or to an owner or a�ent while he or she is �resent at a business nlace that he or she
onerates.
Subdivision 4. AiminQ Prohibited. Exce�t as authorized b�� law. the aimin� of an�� deadlv weaDOn or
facsimile firearm. whether loaded or unloaded. at or towazd anv human bein�. buildin� or occupied
vehicle is �rohibited.
SECTION 2. This Ordinance shall become effective after adoption and upon thirty (30) days
followirig its legal publication.
Adopted this day of 2008.
Mayor
ATTEST:
City Clerk
Date of Publication:
Effective Date:
(LTnderlinin� indicates new matter; indicates matter to be deleted.)
City Council Agenda Item No. lla
COUNCIL ITEM MEMORANDUM
TO: Curt Boganey, City Manager
utson Cit Clerk
FROM: Sharon Kn y f Y�U��'�
DATE: June 19, 2008
SUBJECT: Amend 2008 City Council Meeting Schedule
Recommendation:
I recommend that the City Council consider amending the 2008 City Council Meeting Schedule
to add a Work Session on Monday, July 7, 2008, at 6:30 p.m. to meet in the City Hall Council
Chambers with the Financial Commission for budget overview and process review.
Background:
Annually, the City Manager is required to prepare and the City Council is required to adopt an
operating budget. The Financial Commission has also been established as an advisory body to
the City Council regarding budgetary matters. To begin this critical process of establishing an
operating plan and budget, the City Manager is requesting a special joint meeting with the
Financial Commission to discuss budgetary goals and plans for the 2009 budget development
process.
Budget Issues:
There are no budget issues to consider.
Work Session Agenda
AGENDA
CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION
June 23, 2008
Immediately Following Regular City Council and EDA Meetings Which Start at 7:00 P.M.
City Council Chambers
A copy of the full City Council packet is available to the public. The packet ring binder is
located at the front of the Council Chambers by the Secretary.
ACTIVE DISCUSSION ITEMS
June 23, 2008
1. Monument Sign Policy
2. Adult Entertainment Establishments
3. 57�' and Logan Avenue Update
4. GSA-FBI Field Office Update
Pending List for Future Work Sessions
July 2008
1. Shingle Creek Waterway Plan Update
2. Three Rivers Park District Plan
3. 2011 Brooklyn Center Celebration Status Report
4. 2009 Council Goals Status Report
5. TIF Districts Update City Manager
6. Capital Maintenance Planning for Municipal Public Buildings
7. Franchise Fee Agreement Amendment
8. City Manager Performance Review Process
Work Session Agenda Item No. 1
City of Brooklyn Center
A Millennium Community
MEMORANDUM COUNCIL WORK SESSION
DATE: June 19, 2008
TO: Brooklyn Center City Council
FROM: Curt Boganey, City Manag�
SUBJECT: Monument Sign Policy
COUNCIL ACTION REQUIRED
The subject policy is prepared for discussion purposes. Should the Council reach
consensus to proceed a final draft will be prepared and placed on a regular City Council
agenda for action.
BACKGROUND
On May 27'�' in response to a request from citizens in the Riverwood neighborhood, the
City Council considered a request to install two monument neighborhood entry signs.
Minutes from the meeting is enclosed. During the course of this discussion staff agreed to
prepare a draft policy for residential monument signs for Council review and
consideration.
A draft policy is enclosed for your consideration.
COUNCIL POLICY ISSUES
Does the proposed policy provide sufficient guidance?
Is it reasonable and fair?
Does it advance the Council goals for planning and development?
6301 Shingle Creek Parkway Recreation and Community Center Phone T➢D Number
Brooklyn Center, MN 55430-2199 (763) 569-3400
City Hall TDD Number (763) 569-3300 FAX (763) 569-3434
FAX (763) 569-3494
www. cityo fbrooklyncenter. org
SECTION II GENERAL POLICIES DRAFT
Ciry Council Code of Policies
2.96 Policy for Residential Monument Signs
This policy is established to guide the review and approval process for monument signs
for single family residential neighborhoods that are proposed to be placed within the
City's public street right-of-way. In addition to the general sign provisions of City
Ordinance Chapter 34, the placement of monument signs within the public right-of-way
may be permitted within R1 zoned single family residential areas subject to the following
criteria.
1. The monument sign(s) shall be for the sole purpose of identifying the name of the
subdivision, neighborhood and/or neighborhood association.
2. The number, size, location and design of the monument signs shall be determined
through a sign plan review process upon application to the City. The City
Council may require modifications to the proposed design of monument signs
within the public right-of-way to promote uniform appearance, uniform naming
conventions or address aesthetic concerns.
3. The cost for furnishing and installing monument signs shall be funded by the
applicant, unless the monument sign is installed as part of a City initiated
redevelopment project or other City program.
4. Monument signs shall not be placed within the Clear View Triangle area in
accordance with City Ordinance Chapter 25-802, or in other locations that will
obstruct vehicular traffic sight lines as determined by the City's Engineering
Division.
5. Monument signs shall be constructed primarily of natural materials (stone) or low
maintenance materials to minimize future maintenance issues.
6. The City may remove and dispose of monument sign located within the public
right-of-way at the City's sole discretion due to several factors including, but not
limited to, the following:
A. The applicant fails to maintain the sign to avoid deterioration
B. The applicant fails to promptly repair vandalism, graffiti, or other damage
to the sign
C. The public right-of-way is needed for other purposes such as street
improvements, utility installation of other public need
D. The City determines that the condition or location of the monument sign
presents a public safety hazard
City of Brooklyn Center DRAFT Page
Curt Bo ane
9
rom: Todd Blomstrom
nt: Friday, June 06, 2008 8:48 AM
o: 'Vicki Reupke'
Cc: Curt Boganey; John Harlow
Subject: RE: Riverwood Boulders
Importance: High
Vicki,
Thank you for providing an update on the status of the Riverwoad Neighborhood monument. The City Council is
working on a palicy to formalize future requests for neighborhood monument signs. Before the association purchases
the monuments, please acknowledge (by email or letter) that the following conditions wifl appiy to the installation.
1. The monument signs shall be for the sole purpose of identifying the name of the subdivision,
neighborhood and/or neighborhood association.
2. The monument signs shall be natural stone material to minimize future maintenance responsibilities.
3. The cost for furnishing and installing the monument signs shall be funded by the Riverwood Association.
4. Monument signs shall be placed at the specific locations identified in the field with City staff on May 5,
2008. Minor shifting of locations may be necessary due to conditions encountered during installation.
5. In the future, the City may relocate or remove and dispose of the monument signs located within the
public right-of-way at the City's sole discretion due to certain factors including, but not limited to, the
following:
A. The Riverwood Association fails to maintain the signs to avoid deterioration
B. The Riverwood Association fails to promptly repair vandalism, graffiti, or other damage to the
sign
C. The public right-of-way is needed for other purposes such as street improvements, utility
installation of other public need
D. The City determines that the condition or location of the monument signs present a public safety
hazard
If the above terms are acceptable, you may proceed with the process: Please have a representative from Hedberg's
contact me to coordinate the installatian process prior to delivery.
Todd Blofrzst�°onz
Direclo�• of Pieblic Wvf°ks/City Engitzee�°
City of'Br•ooklvtz Center
63Q1 Shin,�le Creek Parkl��av
Brooklyn Center•, M1V 5�=�30
Telephone: ?63-.7b.9-3340
:ax: ?63-_569-3494
1
From: Vicki Reupke [mailto:vicki.reupke@hotmaiLcom]
Sent: Thursday, June 05, 2008 9:42 PM
o: John Hariow
c: Todd Blomstrom
Subject: Riverwood Boulders
The time has finally arrived. We plan on going to Hedberg's tomorrow (Friday, June 6) and pay for the two bouiders.
When we pay, we will also mention to them that all future dealings will be with you (City of Brooklyn Center) regarding
the boulders. I am assuming that you and Hedberg's can work out all the details regarding the delivery and installation of
the boulders. Is there anything else we need to do? Our price included the two engraved boulders and the delivery cost
for both.
Do you need to have a copy of the invoice from Hedberg's?
Please let me know what else you may need from me. I remember Todd sa�ing something about us (the association)
signing off on some paperwork.
Please email me if you need anything. Thanks again for everything you have done to help us. It is appreciated.
P.S. I will let get you a contact person at Hedbergs to deal with.
IYs easy to add contacts from Facebook and other social sites through Windows LiveT'" Messenger. Learn How.
i
z
RIVERWOOD NEIGHBORHOOD ENTRY SIGN
Mr. Boganey introduced the item and stated staff is requesting Council direction regarding the request
from representatives of the Riverwood Neighborhood to have two entrance monument signs installed
in public right-of-way entering the neighborhood. Mr. Blomstrom has met with the representatives
and indicated the issues that would be of concern to the City: 1) ensure that the signs would be
located in public right-of-way, but not located in a way that they would be an obstruction to traffic; 2)
determine what type of maintenance might be associated with the monument signs; 3) the issue of the
cost to purchase and install the signs. Mr. Boganey stated the representatives of the neighborhood
indicated they would pay the direct cost associated with the installation of the signs and agreed to
locate the signs as directed by the City. In regards to maintenance, the representatives indicated if the
signs were to be at a point of disrepair (i.e., graffiti) to the point where they are no longer attractive,
the City would have the right to remove the signs. Mr. Boganey requested direction from the Council
regarding the proposed entry signs. He noted monument signs are somewhat unique and have
different aesthetic appeal to different individuals. Staff feels it is important for Council to weigh in on
this request. Staff would also like direction on how Council would like to proceed in the future if
similar requests come forwaxd.
In relation to graffiti, Mr. Boganey indicated the first choice would be to try to clean the graffiti, but
if the graffiti could not be removed or if it were to become a weekly occurrence the choice might be
to have the signs removed. If Council approves the signs, staff would follow up with a letter to the
neighborhood association clarifying the limits of the City's ability to maintain the rocks, and that the
intent is for the City to maintain the signs.
There was discussion on the following in relation to the proposed neighborhood entry signs:
The City's maintenance responsibilities
Landscaping
Consistency in announcing gateways in the City
o It was noted that a policy should be established for neighborhood entrance signs, and
that the proposed entry sign by Riverwood sets a good precedent for a quality
neighborhood entry sign.
o There was discussion on whether neighborhood entry signs should dovetail on the
theme of existing gateway signage for major entries into the City.
o It was suggested that the white split rail fence used in the Brooklyn Boulevard project
was used for the feel of a farm connection, which has been discussed as a centerpiece
and amenity in the City.
Mr. Boganey indicated staff will present Council with general guidelines for a neighborhood entry
monument policy. Council will be able to add as much detail as they deem appropriate. He requested
direction from the Council on whether staff should notify the Riverwood Neighborhood to proceed
with the neighborhood entry signage.
Mayor Willson and Councilmembers Lasman and Ryan stated their support of notifying the
Riverwood Neighborhood to proceed with the neighborhood entrance signage. Councilmembers
O'Connor and Yelich stated their preference for Council review of the proposed neighborhood entry
monument policy prior to notifying the Riverwood Neighborhood to proceed with the proposed
neighborhood entrance signage.
OS/27/08 -3-
City of Brooklyn Center
A Millennium Community
MEMORANDUM COUNCIL WORK SESSION
DATE: May 22, 2008
TO: Brooklyn Center City Council
FROM: Curt Bogan�
SUBJECT: Entrance Monument Signage
COUNCIL ACTION REQUIRED
Staff is requesting Council direction regarding the request from representatives of the
Riverwood Neighborhood to have two (2) entrance monument signs installed in public
ROW entering the neighborhood.
BACKGROUND
Typically the authority to install signs in public right of way is delegated to the City
Manager and is administered through the Public Works Director/Administrative Traffic
Committee.
Monument sign by their very nature and intent are different than normal signs. Typically
the cost of monument sign is significant and it establishes an image or brand for a
neighborhood. For this reason staff is seeking Council guidance.
Staff has reviewed the request from the neighborhood from the perspectives of safety,
maintenance and aesthetic appeal, and finds the request acceptable. The neighbors have
agreed to cover the direct costs associated with the acquisition and installation of these
monument signs as well.
COUNCIL POLICY ISSUES
Does the Council concur with the staff recommendation to install the proposed
monument signs?
Does the council wish to establish a policy/plan for the installation of neighborhood
monument signs, giving staff direction for future approvals?
�630I Shingle Creek Parkway Recreation and Community Center Phone TDD Number
Brooklyn Center, MN 55430-2199 (763) 569-3400
City Hall TDD Number (763) 569-3300 FAX (763) 569-3434
FAX (763) 569-3494
www.cityo fbrooklyncenter.org
City of Brooklyn Center
A Millennium Community
MEMORANDUM
TO: Curt Boganey, City Manager
FROM: Todd Blomstrom, Director of Public Works /f��J'
DATE: May 22, 2008
SUBJECT: Entrance Monument for Riverwood Neighborhood
Representatives from the Riverwood Neighborhood Association recently requested permission to
install two neighborhood entrance monument signs along West River Road. Attached are figures
identifying the proposed location of the monument signs and a figure illustrating an example of
the proposed monument sign. The monuments would be located within a portion of excess
City's right-of-way at 66` Avenue and within public open space adjacent to the public trail near
73 Avenue.
The neighborhood association representatives have indicated that there is strong neighborhood
support for the monument installations. They have indicated that the association is collecting
donations ta cover the cost for purchasing the monuments, delivery and installation by Hedberg
Landscape Supply Company of Plymouth, Minnesota. Neighborhood volunteers wvould install
landscape edging and woodchips around the base of the rrionuments.
Public Works staff has conducted a field meeting with neighborhood representatives to review
the proposed locations of the monument signs. Representatives have acknowledged that the City
reserves the right to remove the monuments from the right-of-way should the monuments fall
into a state of disrepair or the locations are needed for future roadway improvements. The
proposed installations are acceptable from a right-of-way management perspective. Public
Works supports the proposal and recommends that the City Council authorize the installation.
6301 Shingle Creek Parkw¢y Recreation and Community Center Phone TDD Number
Brooklyn Center, MN 55430-2199 (763) 569-3400
City Hall TDD Number (763) 569-3300 FAX (763) 569-3434
FAX (763) 569-3494
wwzv.cityofbrooklyncenter.org
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Work Session Agenda Item No. 2
MEMORANDUM COUNCIL WORK SESSION
DATE: June 23, 2008
TO: Curt Boganey, City Manager
FROM: Vickie Schleuning; to the City Manager
Ron Warren, Planning and Zoning Specialist
SUBJECT: Status of Minnesota Law regarding Adult Entertainment
COUNCIL ACTION REQUIRED
Provide direction to staff whether to update current ordinance, Opt Out of Minnesota
State Law, or continue to monitor the situation regarding Adult Entertainment
Establishments.
BACKGROUND
In 2006, Minnesota State Laws were passed in regards to Adult Use Entertainment
establishments, specifically i1�in11esota Statutes C�17.2�2. This statute section is
provided in Attachment L This statute was challenged in federal district court and the
judge issued an injunction preventing the city of Duluth from acting under this law
because he felt it would most likely be found unconstitutionaL
At this time, no efforts to amend Minnesota Statute or resolve the constitutionality issues
associated with the adult use state law have been identified. The MN Statute applies to
cities throughout the state as follows:
1) If a city has no ordinance regulating adult business this law applies
2) A city ordinance can be more restrictive or an ordinance can say the state
law does not apply
3) Even if a city has an ordinance regulating some adult uses the state law
applies to any adult uses not regulated by the city ordinance.
Therefore, the League of Minnesota Cities is recommending that cities consider adopting
regulations regarding adult use establishment. Cities that already have adequate
regulations for adult use facilities rnay wish to consider adopting language opting out of
the State Law. Example "opt out" language from the City of Lakeville is provided in
Attachment III.
The City of Brooklyn Center Zoning Code 35-2182 regulates the zoning district for
locating an adult establishment. Adult establishments are permitted in the Industrial Park
(I-1) District. However, the city codes do not address other areas specified by MN State
Law including limits on days and hours of operation; proximity to other adult
entertainment establishments, residential areas, certain educational facilities and religious
institutions; and restrictions on backgrounds of ownership or management. (Provided in
I� Attachment I1�. Because of this language, there is a possibility that the state law would
apply and create legal challenges. The City Attorney's Office would need to be
consulted in implementing any decision since issues involving adult entertainment uses
are legally complex.
COUNCIL POLICY I5SUES
How does the City Council want to respond to the state-wide initiative regarding adult
uses?
Should the City Council consider opting out of the Minnesota State law?
Is the current ordinance and regulations sufficient to protect the public health, safety and
welfare?
2
Attachment I- Minnesota Statute 617.242
200� Minnesota Statutes
617.242 ADULT ENTERTAINMENT ESTABLISHMENTS.
Subdivision l. Definitions. For purposes of this section:
(1) "adult entertainment establishment" means a business that is open only to adults
and that presents live performances that are distinguished or characterized by an
emphasis on the depiction of sexual conduct or nudity;
(2) "sexual conduct" has the meaning given in section 617.241; and
(3) nudity has the meaning given in section 617.292, subdivision 3.
Subd. 2. Notice to local government unit. A person must not operate an adult
entertainment establishment at a location where this type of establishment was not
previously located unless, at least 60 days before submitting a permit application for
operation of the establishment or, if a permit is not required, at least 60 days before
i beginning operation of the establishment, the person gives written notice by certified
mail to the chief clerical officer of the statutory or home ruie charter city in which it
will be located of the date on which the person intends to begin operation of the
establishment. If the adult entertainment establishment is proposed to be located
outside the boundaries of a statutory or home rule charter city the notice must be
given to the clerk of the town board and the county auditor of the county in which
the establishment is proposed to be located. Upon receipt of the notice, the officer
must acknowledge receipt of the notice by certified mail, return receipt requested,
i
addressed to the person, and notify the governing body or town board of the receipt
of the notice. The governing body or town board may conduct hearings on the
proposed operation of the adult entertainment establishment and must give written
notice by ordinary mail to the operator of the establishment of any hearings.
Subd. 3. Zoning; adult entertainment establishments. If an adult entertainment
establishment is located within 50 miles of a statutor or home rule charter city or
Y
town, the governing body of the city or the town board is not required to provide by
zoning or otherwise for a location within the city or town limits in which an adult
entertainment establishment may be located. If an adult entertainment establishment
is located within 50 miles of the boundaries of a county, the county board is not
required to provide by zoning or otherwise for a location within the county limits in
which an adult entertainment establishment may be located.
Subd. 4. Proximity. An adult entertainment establishment may not operate in the
same building as, or within 1,500 feet from, another adult entertainment
establishment; within 500 feet of residential property, regardless of how the property
is zoned; or within 2,800 feet of a public or private elementary or secondary school
or a church, synagogue, mosque, or other place of worship. Distances are measured
between the closest property lines.
Subd. 5. Hours and days of operation. An adult entertainment establishment
located in a statutory or home rule city, town, or county that does not regulate hours
of operation may not be open for business before 10:00 a.m. or after 10:00 p.m. on
Monday through Saturday and may not be open for business on a Sunday or legal
3
holiday.
Subd. 6. Restrictions on ownership or management by persons convicted of
certain crimes. A person who has been convicted of one of the following offenses
may not operate or manage an adult business establishment for three years after
discharge of the sentence for the offense, or a similar offense in another state or
jurisdiction:
(1) prostitution under section 609.321; 609.324; or 609.3242;
(2) criminal sexual conduct under sections 609.342 to 609.3451;
(3) solicitation of children under section 609.352;
(4) indecent exposure under section 617.23;
(5) distribution or exhibition of obscene materials and performances under section
617.241;
(6) use of a minor in a sexual performance under section 617.246; or
(7) possession of pornographic work involving minors under section 617.247.
Subd. 7. Local regulation allowed. If a county, town, or statutory or home rule
charter city does not enact an ordinance or regulation governing adult entertainment
establishments, this section applies in the county, town, or city. A county, town, or
city may adopt an ordinance or regulation that is consistent with this section, that
supersedes or is in whole or in part more restrictive than this section, or that provides
that this section does not apply in the county, town, or city, and the county, town, or
city ordinance applies. If a county, town, or city adopts an ordinance tl�at only
regulates a portion or facet of the operation of an adult entertainment establishment,
this section applies to the remainder of the operation that is not regulated by the
county, town, or city ordinance, unless the ordinance provides otherwise.
History: 20(�b c 24t� ,s 2
4
Attachment II- Brooklyn Center City Code
Section 35-2182. ADULT ESTABLISHMENTS.
1. Findines and Pumose
Studies conducted by the Minnesota Attorney General, the American Planning
Association, and cities such as St. Paul, Minnesota; Indianapolis, Indiana; Hopkins,
Minnesota; Ramsey, Minnesota; Minnetonka, Minnesota; Rochester, Minnesota;
Phoenix, Arizona; Los Angeles, California; and Seattle, Washington have studied the
impacts that adult establishments have in those communities. These studies have
concluded that adult establishments have adverse impacts on the surrounding
neighborhoods. These impacts include increased crime rates, lower property values,
increased transiency, neighborhood blight, and potential health risks. Based on these
studies and findings, the City Council concludes:
a. Adult establishments have adverse secondary impacts of the
types set forth above.
b. The adverse impacts caused by adult establishments tend to
diminish if adult establishments are governed by geographic, licensing,
and health requirements.
c. It is not the intent of the City Council to prohibit adult
establishments from having a reasonable opportunity to locate in the
city.
d. Minnesota Statutes, Section 462.357, allows the City to adopt
regulations to promote the public health, safety, morals and general
welfare.
e. The public health, safety, morals. and general welfaxe will be
I promoted by the City adopting regulations governing adult
establishments.
2. Definitions
Far purposes of this section, the following terms have the meanings given
them.
a. "Adult Establishment" means a business where sexually-oriented
materials are sold, bartered, distributed, leased, or furnished and which meet any
of the following criteria:
1) a business where sexually oriented materials are provided
for use, consumption, enjoyment, or entertainment on the business premises;
2) a business that is distinguished or characterized by an
emphasis on the description or display of specified sexual activities;
5
3) a business that is distinguished or characterized by an
emphasis on the description or display of specified anatomical areas;
4) an adult cabaret as defined in Section 19-1900, Subdivision
1;
5) a business providing sexually oriented materials only for
off-site use, consumption, enjoyment or entertainment if
the portion of the business used for such purpose exceeds
25% of the retail floor area of the business or 500 square
feet, whichever is less.
b. "Sexually oriented materials" means visual, printed or aural
materials, objects or devices that are distinguished or characterized by an
emphasis on the depiction or description of specified anatomical areas or
specified sexual activities.
c. "Specified Anatomical Areas" means:
1) Less than completely and opaquely covered human
genitals, pubic regions, buttocks, anuses, or female breasts
below a point immediately above the top of the areola; and
2) Human male genitals in a discernable turgid state, even if
completely and opaquely covered.
d. "Specified Sexual Activities" means:
1) Actual or simulated: sexual intercourse; oral copulation;
anal intercourse; oral-anal copulation; bestiality; direct physical stimulation of
unclothed genitals; flagellation or torture in the context of a sexual relationship;
the use of excretory functions in the context of a sexual relationship; anilingus;
buggery; coprophagy; coprophilia; cunnilingus; fellatio; necrophilia; pederasty;
pedophilia; piquerism; sapphism; or zooerastia;
2) Clearly depicted human genitals in the state of sexual
stimulation, arousal, or tumescence;
3) Use of human or animal ejaculation, sodomy, oral
copulation, coitus, or masturbation;
4) Fondling or touching of nude human genitals, pubic
regions, buttocks, or female breasts;
5) Situations involving a person or persons, any of whom are
nude, who are clad in undergarments or in sexually revealing costumes
and engaged in the flagellation, torture, fettering, binding, or other
physical restraint of any person;
6) Erotic or lewd touching, fondling, or other sexually
oriented contact with an animal by a human being; or
7) Human excretion, urination, menstruation, ar vaginal or
anal irrigation.
3. Adult establishments may be located only as allowed by Section 35-330 of this
code.
6
Attachment III- Example Opt Out Language
PUBLIC NOTICE ORDINANCE NO. 820 CITY OF LAKEVILLE DAKOTA
COUNTY, MINNESOTA; AN ORDINANCE AMENDING TITLE 3, CHAPTER 10
AND TITLE 1 l, CHAPTER 34 OF THE LAKEVILLE CITY CODE CONCERNING
SEXUALLY ORIENTED BUSINESSES AND USES
THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA ORDAINS:
SECTION 1 Title 3-10-1 of the Lakeville City Code is amended by adding subparagraph
C to read:
C. Minn. Stat, Section 617.242 shall not apply.
SECTION 2. Title 11-34-3 of the Lakeville City Code is amended by adding
subparagraph E to read: E. Minn. Stat. Section 617 .242 shall not apply.
SECTION 3. This ordinance shall be effective immediately upon its passage and
publication.
ADOPTED this Sth day of March, 2007,by the City Council of the City of Lakeville,
Minnesota. CITY OF LAKEVILLE BY: Holly Dahl, Mayor
ATTEST: Charlene Friedges, City Clerk 3/10/07
7
Work Session Age�da Item No. 3
r
T0: Curt Boganey, City Manager
From: Gary Eitel, Community Development Director
Date: June 23, 2008
Subject: Update on the 57 Logan Environmental Study
March 27, 2008
A second public meeting was held by the City, Minnesota Pollution Control Agency (MPCA), and
Minnesota Department of Health (MDH) for the following purposes
1. Inform the public on the current s�atus of the investigation (a follow-up from the October 6,
2006 public meeting at which 2 property owners volunteered to participate in sub-slab testing
(the space under the basement floor). The results from one of these sub-slab tests resulted in
expanded investigation in 2007.
2. Soficit additional volunteers for sub slab testing to determine the extent of contamination,
3. Provide information on hbw the contamination could be remediated in individual homes.
April, 2008
The City's consultant, Tetra Tech, conducted 15 sub-slab tests.
These air samples were tested for a specific list of volatile organic compounds (VOC's), some of which
were detected in the ground water under the neighborhood. The two primary compounds of concem
that were released from the former dry cleaner at the 57` Logan site are perchloroethylene (PCE) and
trichloroethylene (TCE).
The results of the tests were compared against screening levels developed by the MDH to determine if
more sampling (additional sub-slab and indoor air) was necessary.
Based on the laboratory results of the sub-slab air samples collected, the MPCA and MDH concluded
that no further sampling or actions were required at 13 of the 15 households at the present time.
Two of the households had test results which exceeded the sub-slab screening levels for TCE and the
MPCA and MDH concluded that additional sub-slab and indoor air sampling was needed.
On behalf of the MPCA, the City requested that these two property owners allow the installation of a
dedicated sampling port in their basement floors in the event that more than one sample was
necessary.
STS Consultants, Ltd., MPCA's contractor, has completed the additional testing at the home on Irving
Ave. and continues to work with the other home owner to come up with a convenient time to complete
the second.
Mav. 2008
Tetra Tech conducted a well receptor survey to determine the number and usage of shallow wells in the
neighborhood. A total of 329 well receptor surveys were distributed, 177 of which were sent by
certified maiL
133 responses were received which identified approximately 15 active wells. All properties within the
investigation area are connected to the municipal water system.
The MPCA's contractor, STS, conducted 4 additional sub-slab tests. Based on these lab tests, the MPCA
and MDH concluded that no further sampling or actions were required for 3 of the properties at this
time.
One of the homes had tetrachloroethene, also known as PCE at a level above the MDH screening value
and Trichloroethene (TCE) at a concentration below the screening value.
The City received correspondence from the MPCA project team that their assessment of the 2007
investigations and recent sub-slab sampling results has recagnized what appears to be a narrow TCE gas
plume that should be more fully characterized by additional testing.
June, 2008
STS Consultants completed the additional testing for the following homes:
The lab results of the June 3` tests at 55xx Irving Ave., indicated that there were no risks and no
mitigation is recommended at this home at the present time.
Note: The June 18` letter to the resident referenced that the MPCA, MDH, and City will review
all the vapor sampling results bein collected at locations in the investigation area and will be
g
developing recommendations for additional investigation activities or mitigation
recommendations at a public hearing to be held sometime this summer. It is possible that the
MPCA may need to resample your home at a later date.
The lab results of the June 6 tests at 57xx Irving Ave, had not been completed as of a June 18
correspondence from the MPCA. The property owner was notified that the information would
be reported as soon as possible with an explanation of the result.
The City receives approval of a revised work plan for its Environmenta4 Response Fund Grant
(ERF grant) from Hennepin County which reailocated funds from Off-site vapor and ground
water sampling to sub-slab vapor sampling and indoor air sampling to facilitate a request by the
MPCA that the City undertake additional sub-slab testing through the installation of sampling
ports.
The MPCA concept was to have the City request testing at homes adjacent to known or
potential TCE soil gas exceedance. Initially, 10 homes were identified and that list was later
expanded to 27 homes.
On June 19, 2008, the MPCA responded to the City's requests and issued a Retroactive No
Association Determination to the. City for past business activities at the 57 Logan Site.
JuIV, 2008
The City and Tetra Tech will work with homeowners to obtain the additional test samples
requested by the MPCA.
The MPCA will renew their contractual arrangements for consulting services by Mid-Late July.
As part of closing the 2007 ERF Grant, Tetra Tech will complete a Comprehensive Summary Site
Report, an updated cumulative remedial investigation report that summarizes the site
investigation conducted to date going back to Barr's investigation in 2004.
Au�ust, 2008
The MPCA, MDH, and City have targeted this month for a follow-up public meeting to review all
of the vapor samplings results collected in the investigation area and discuss recommendations
for additional investigation activities or mitigation recommendations.
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Work Session Agenda Item No. 4:
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To: Curt Boganey, City Manager
From: Gary Eitel, Community Development Director
Date: June 23, 2008
Subject: Update on the GSA FBI Site Development Activities
June. 2008
The City will be processing an enrollment application into the Petroleum Brownfield Program
The City is soliciting quotes for work associated with the Voluntary Soil Removal Plan
The GSA provided a survey for an 8.26 acre site and has requested the City proceed with a
preliminary title opinion.
J ulv. 2008
Preliminary Title Opinion to be completed by Briggs Morgan
Completion of the soil excavation and authorized disposal of 525 tons (375 cu.yds) of
petroleum-impacted soiL
Au�ust September. 2008
GSA selection of their preferred design, build, management company and awarding of
contract.
Execution of Developer's Agreement
October December. 2008
City approval's: Site Plan and Subdivision (replat of Day Inn, Cracker Barrel, and Olive Garden
Lots)
Design of the relocation of municipal water trunk line for 2008 construction.
S rin 2009
Construction commences
Fall, 2010
Occupancy pianned by the FBI Regional Field Office
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