HomeMy WebLinkAbout2008 09-22 CCP Regular Session Public Copy
AGENDA
CITY COUNCIL STUDY SESSION
September 22, 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
CITY COUNCIL MEETING
City of Brooklyn Center
September 22, 2008 AGENDA
1. Informal Open Forum With City Council 6:45 p.m.
—provides an opportunity for the public to address the Council on items which are not on
the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not
be used to make personal attacks, to air personality grievances, to make political
endorsements, or for political campaign purposes. Council Members will not enter into a
dialogue with citizens. Questions from the Council will be for clarification only. Open
Forum will not be used as a time for problem solving or reacting to the comments made
but, rather, for hearing the citizen for informational purposes only.
2. Invocation 7 p.m.
3. Call to Order Regular Business Meeting
—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. September 8, 2008 Study Session
2. Septemb�r 8, 2008 Regular Session
3. September 10, 2008 Special Session
4. September 15, 2008 Joint Work Session with Financial Commission
b. Licenses
m or On-Sale Li uor
License
c. Approval of Apphcation and Permrt for Te p ary q
Submitted by Suxly Brewing Company, 4811 Dusharme Drive, for an Event to be
Held October 25, 2008
CITY COITNCIL AGENDA -2- September 22, 2008
8. Presentations/Proclamations/Recognitions/Donations
a. Resolution Recognizing Senator Linda Scheid for Her Legislative Contributions
During the 2008 Session
•Requested Council Action:
—Motion to adopt resolution.
b. Resolution Recognizing Representative Debra Hilstrom for Her Legislative
Contributions During the 2008 Session
•Requested Council Action:
—Motion to adopt resolution.
c. Proclamation Recognizing the 25th Anniversary of Community Mediation
Services, Inc.
-Presentation by Beth Bailey-Allen
•Requested Council Action:
—Motion to adopt proclamation.
9. Public Hearings
None
10. Planning Commission Items
None
1L Council Consideration Items
a. Resolution Approving Letter of Understanding Between the Cities of Brooklyn
Center and Minneapolis
•Requested Council Action:
—Motion to adopt resolution.
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 March 6, 2008; and tabled at the March 24, 2008, meeting.
City o6
BROOKLYN
CENTER
MAYOR'S PROCLAMATION
WHEREAS, Ashlee Kephart is the �7th Minnesotan to earn the Congressional Award Gold
Medal, which was established by Congress in 19�g to recognize initiative,
achievement, and service in young people; and
WHEREAS, to achieve a Bronze, Silver, or Gold Congressional Award Certificate or Medal,
each participant sets and achieves challenging goals in the following four
areas: voluntary public service, personal development, physical �tness, and
expedition/exploration; and
WHEREAS, in earning her Congressional Award Gold Medal, Ashlee completed over 800
hours of Voluntary Public Service while working with the Girl Scouts and
other local and global organizations to address the needs of individuals,
children, and families; and
WHEREAS for Personal Develo ment, Ashlee learned how to establish a business and
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became a founder of a non-profit organization, Kids for a Better World, and
developed a website to encourage the empowerment of youth through
volunteering and educational opportunities; and
WHEREAS, Ashlee's Physical Fitness goal was to start an exercise program that included
walking and riding a bike; and
WHEREAS, Ashlee successfully completed her Expedition and planned and carried out a
week-long wilderness experience of camping and hiking on the beautiful
North Shores of Minnesota.
NOW, THEREFORE, I, TIM WILLSON, AS MAYOR OF THE CITY OF BROOKLYN
CENTER, State of Minnesata, do hereby commend Ashlee Kephart on earning the
Congressional Award Gold Medal and achieving personally challenging goals that build
character and foster community services, personal development, and citizenship.
��C/
Sevtember 26. 2008 ��"''r
Date Mayor
City Council Agenda Item No. 7a
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
SEPTEMBER 8, 2008
CITY HALL COUNCIL CHAMBERS
CALL TO ORDER
The Brooklyn Center City Council met in Study Session called to arder 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, Community Development Director Gary Eitel, and Carol Hamer, TimeSaver Off Site
Secretarial, Inc.
CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS
Councilmember O'Connor requested the following correction to the Joint Work Session with
Financial Commission meeting minutes of August 18, 2008:
Pa�e 2
Addition of the following statement after paragraph 4: "Mary O'Connor suggested we reduce
the property increase by the amount of LGA we are receiving in 2009."
Paragraph 6, sentence 2: "T"°r° A maioritv wanted to move forward..."
It was the majority consensus of the City Council to accept the amendment to the August 18, 2008,
Joint Work Session with Financial Commission meeting minutes.
Councilmember O' Connor requested the following correction to the Regular City Council meeting
minutes of August 25, 2008:
Pa�e 6
Item llb, paragraph 3: "Councilmember O'Connor stated her opposition to franchise fees
going through businesses. She stated her position that fees should be
charged.
It was the majority consensus of tlie City Council to accept the amendment to the August 25, 2008,
Regular City Council meeting minutes.
09/08/08 -1- DRAFT
MISCELLANEOUS
Councilmember Lasman requested staff provide information on whether the cost of a special election
is considerably less when held during a regular election than as a stand alone election. Mr. Boganey
replied the cost of a special election is less when held during a regular election. His recollection is
that the City Clerk suggested that a special election is in the neighborhood of $10,000 to $15,000.
Councilmember O'Connor noted the August 25th update provided by Mr. Boganey on the 57�' and
Logan Avenues Site. She requested clarification on the reason for testing the air below the slab. Mr.
Boganey explained the Minnesota Pollution Control Agency (MPCA) has established standards both
for below slab conditions and indoor air; the situation requires a two part testing process. He
provided an overview of the process for below slab and indoor air testing. Mr. Boganey stated if it is
determined from the first test that there are no vapors being trapped under the house, or that the
amount of vapors being trapped under the house are below the threshold established, it would be
determined that there is no risk that the VOCs would cause a problem with the indoar air of the house
and the testing is then complete. If a determination is made that the VOCs below the slab exceed the
established standard, the indoor air testing would then be done to determine if the vapors below the
slab are in the house at a level that would be a health risk.
i
There was discussion on the procedure used to test below the slab. Mr. Boganey stated the City is
following the protocol laid out by the MPCA and consultants based upon their knowledge and
experience.
It was noted that homeowners will not be provided with an indoor air system for remediation unless
the second test determines that there is a potential health risk in the house. There was discussion on
the term "laboratory reporting limits" being a measurement used by the Minnesota Department of
Health (MDH) and the MPCA. Mr. Boganey indicated he will verify that the terms "laboratory
reporting limits" and "indoor screening level" are used interchangeably and are intended to reflect the
same standaxd. He stated he believes the difference is that the indoor screening limit is a standard that
I MDH has established and the laborator limits are sim 1 sa in these are the results om the lab
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testing.
Councilmember O'Connor requested staff to verify the following information in relation to the testing
that has been conducted in homes in the 57�` and Logan Avenues area:
Verification of the definition of the terms "laboratory reporting limits" and "indoor screening
level"
That the Trichloroethane identified in the indoor air of one property at four orders of
magnitude below the air screening level means that the property is okay
The purpose for testing below the slab first
In response to questions regarding the testing location on the 57�' and Logan,Avenues property, Mr.
Boganey indicated that the MPCA has agreed with the Iocation suggested by staff.
DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS
REVIEW OF PROPOSED 2009 GENERAL FUND BUDGET CHANGES
09/08/08 -2- DRAFT
Mr. Boganey stated this item has been included on tonight's agenda in order to answer questions of
the Council regarding changes made to the previous draft budget.
Mr. Jordet provided a brief presentation and answered questions of the Council on the following
calculations and correspondence in relation to the Preliminary Budget for the 2009 Fiscal Year:
City of Brooklyn Center Calculation of Limited Property T� Levy for Pay 2009 with Police
Fire Special Levy
Property Tax Levy
o General Property Tax Levy Non-limited
o Limited General Levy Calculated by Sta.te of MN
o Special Levy for Police Wages: Current GF Staff
o Special Levy for Police Wages: Move Grant Officers into GF
o� Special Levy for Foreclosure Costs of Residential Properties
o Tota.l General Fund Levy
o HRA Levy: Transferred to EDA for Operations
o Debt Levy: For Police Fire Facilities Improvement Bonds
Correspondence from Eric Willette at the State of MN on the Reduction of Levy Aid Base for
Police Wages Benefits
Revised Limited Base Levy
City of Brooklyn Center Calculation of Limited Property Tax Levy for Pay 2009 with Police
Fire Special Levy (recalculated according to requirement relating to police/fire wages and
benefits)
Property Tax Levy (recalculated accarding to requirement relating to police/fire wages and
benefits)
Preliminary T� Information (2008/2009 comparison)
Mr. Jordet indicated the resolution being presented to the City Council tonight includes a preliminary
tax levy payable in 2009 of $12,893,208. The proposed tax capacity rate is 3.67%.
ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL
Councilmember Lasman moved and Councilmember Ryan seconded to close the Study Session at
6:47 p.m.
Motion passed unanimously.
RECONVENE STUDY SESSION
Councilmember Ryan moved and Councilmember O' Connor seconded to reconvene the Study
Session at 6:48 pm.
Motion passed unanimously.
The discussion continued on changes to the proposed 2009 General Fund Budget.
09/08/08 -3- DRAFT
I
Mr. Boganey advised that while staff thinks the proposed changes to the budget are practical, doable,
pragmatic, and can be done without severe effects on operations, the proposed budget is a very thin
budget. There is very little room for error in revenue or expenditures. He provided an overview of the
proposed changes to the budget. He advised that prior to adoption of the final budget in December,
there will be opportunities to review the non-levy revenues and to review the expenditure side of the
budget. A contingency of $120,000 in the operations side of the budget has been maintained. In years
past the budget has operated with almost no contingency; the last few years they have tried to keep
that contingency level up. This is really the only significant cushion, and it is still far b
elow the
maximum 5% the policy allows for.
There was discussion on the Capital Reserve Emergency Fund. Mr. Boganey indicated that
historically this fund has been built up by transfers at year end.
There was discussion on expenditure cuts to contributions towards large capital purchases as
identified on page 2 of the September 3, 2008, memorandum from Mr. Jordet. It was noted if this
trend continues it could present challenges in the future.
I ADJOURNMENT
Councilmember Yelich moved and Councilmember Lasman seconded to close the Study Session at
6:59 p.m.
Motion passed unanimously.
I
09/08/08 -4- DRAFT
MINUTES OF THE PROCEEDINGS OF THE CITY COUN
CIL
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
REGULAR SESSION
SEPTEMBER 8, 2008
CITY HALL COUNCIL CHAMBERS
L INFORMAL OPEN FORUM WITH CITY COUNCIL
CALL TO ORDER INFORMAL OPEN FORUM
The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Tim
Willson at 6:45 p.m.
ROLL CALL
Mayor Tim Willson and Councilmembers Kay Lasman, Mary O'Connor, Dan Ryan, and Mark
Yelich. Also present were City Manager Curt Boganey, Director of Fiscal Support Services
Dan Jordet, Community Development Director Gary Eitel, Planning and Zoning Specialist Ron
Warren, 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.
No one wished to address the City Council.
Councilmember Lasman moved and Councilmember Ryan seconded to close the Informal Open
Forum at 6:48 p.m.
Motion passed unanimously.
2. INVOCATION
Councilmember Yelich requested a moment of silence and personal reflection as the Invocation.
3. CALL TO ORDER REGULAR BUSINES5 MEETING
The Brooklyn Center City Council met in Regular 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, Community Development Director Gary Eitel, Planning and Zoning Specialist Ron
Warren, City Attorney Charlie LeFevere, and Carol Hamer, TimeSaver Off Site Secretarial, Inc.
09/08/08 -1- DRAFT
5. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
6. COUNCIL REPORT
Councilmember Ryan reported on the following:
Attendance at the August 26�' neighborhood area meeting held at Northport Park. The
focus was on public safety, crime prevention, and community development. The fourth
neighborhood area meeting this year will be at 6:30 p.m. on Thursday, September 18, at
Willow Lane Park.
Everyone is urged to attend the primary election on September 9�'.
Councilmember Lasman reported on the following:
Attendance at the August 26�' neighborhood area meeting held at Northport Paxk. The
next neighborhood area meeting will be held at 6:30 p.m. on Thursday, September 18�' at
Willow Lane Park. Information will be provided on what the Police Department is doing
as well as on commercial development.
Everyone is urged to get out and vote at the primary election on September 9�'. The
primary is very important in Brooklyn Center; eight people have filed for candidacy for
the City Council. This will be reduced to four candidates for the general election based on
the results of the primary.
Councilmember Yelich reported on the following:
Attendance at the August 26�' neighborhood area meeting held at Northport Park.
Benefits of eCitizen and the good response from staff to a request submitted about
addressing graffiti.
Councilmember O' Connor stated she has nothing to report.
Mayor Willson reported on the following:
Attendance at the August 26�' neighborhood area meeting held at Northport Park.
Attendance at a meeting today with Senator Scheid and representatives of the Department
of Agriculture regarding the Howe Fertilizer Site. There is debate as to whether the
Minnesota Pollution Control Agency, the Department of Agriculture, or both have
jurisdiction on this property.
Two memos from the League of Minnesota. Cities: 1) Board of Directors recognition of
Senator Scheid for her legislative contributions during the 2008 legislative session; 2)
Board of Directors recognition of Representative Hilstrom for her legislative
contributions and help with city initiatives. He requested that the next City Council
meeting include Mayor's proclamations on the recognitions.
7. APPROVAL OF AGENDA AND CONSENT AGENDA
Councilmember Ryan moved and Councilmember Yelich seconded to approve the Agenda and
Consent Agenda, as amended, with corrections to the Joint Work Session with Financial
09/08/08 -2- DRAFT
Commission minutes of August 18, 2008, and corrections to the Regular Session minutes of
August 25, 2008, and the following consent items were approved:
7a. APPROVAL OF MINUTES
1. August 18, 2008 Joint Work Session with Financial Commission
2. August 25, 2008 Study Session
3. August 25, 2008 Regular Session
4. August 25, 2008 Work Session
7b. LICENSES
MECHANICAL
Neighbor Dave's Heating 14421 88�' St NE; Elk River
RENTAL
INITIAL
5318 62 Ave N Mee Moua
5401 France Ave N Kou Vang
5931 Halifax Pl Jerilou Wiedmeyer
6437 June Ave N Tracy Vu
6601 Unity Ave N Douglas Wahl
4118 Woodbine Ln Ron Jeanette Blasewitz
RENEWAL
6221 Shingle Creek Pkwy
View Pointe at Shingle Creek Amcon
2912 69�' Ln N Joseph Feahn
3907 Burquest Ln Malcolm Vinger
6418 Kyle Ave N Edward Roe
5308 Lilac Dr N Paul Baird
6443 Marlin Dr Trevor Tjelmeland
7000 Quail Ave N Steven Macke
SIGNHANGER
Demars Signs 11570 Foley Blvd, Coon Rapids
Motion passed unanimously.
8. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS
None.
9. PUBLIC HEARING
9a. ORDINANCE NO. 2008-9 AMENDING CHAPTER 34 OF THE CITY CODE OF
ORDINANCES REGARDING FLASHING AND ROTATING SIGNS
09/08/08 -3- DRAFT
Mr. Boganey introduced the item and discussed the history of the proposed ordinance. Mr.
Warren provided a brief overview of the proposed ordinance and answered questions of the City
CounciL
There was discussion on the definitions set forth in Section 34-110.
Councilmember Yelich moved and Councilmember Ryan seconded to open the Public Hearing.
Motion passed unanimously.
Ms. Kathy Sandeen, representative of Luther Corporation, located at 6800 Brooklyn Blvd.,
addressed the City Council and requested clarification on whether the time/date/temperature sign
I located on the Luther Corporation property is considered a rotating sign. Mayor Willson
indicated that the type of sign Ms. Sandeen is referring to is allowed if the message is shown for
two seconds or longer.
i Councilmember Lasman moved and Councilmember Ryan seconded to close the Public Hearing.
Motion passed unanimously.
Councilmember Lasman moved and Councilmember Ryan seconded to adopt ORDINANCE
NO. 2008-9 Amendin Cha ter 34 of the Cit Code of Ordinances Regarding Flashing and
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Rotating Signs.
I There was discussion on a previous exception to the size limit for the Brookdale sign. It was
noted that this was a single exception due to the unique circumstances. These types of requests
would be considered individually.
I Gouncilmember O'Connor stated her opposition to the proposed ordinance amendment. She
d' what eo le can do in the Ci and that
ex ressed concern that the ordinance ets too detaile in
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the City Council can allow changes to the ordinance requirements.
Councilmember O'Connor voted against the same. Motion carried.
9b. RESOLUTION NO. 2008-95 CERTIFYING SPECIAL ASSESSMENTS FOR
DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS TO THE HENNEPIN
COUNTY TAX ROLLS
Mr. Bo an intro d the it iscuss histo and stated the ose of the ro osed
e duce em d ed the
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resolution.
Councilmember Ryan moved and Councilmember Yelich seconded to open the Public Hearing.
Motion passed unanimously.
09/08/08 -4- DRAFT
Mr. Boganey requested that the Council note the letter of appeal from Margaret Tchokouani on
special assessments of delinquent utility charges for the properiy located at 5643 Northport
Drive. There was discussion on whether staff recommends that the subject letter be pulled from
the resolution until additional information is collected. Mr. Boganey advised that from a staff
perspective, they do not believe the request rises to the level of requiring further investigation by
sta.ff. For the record, the City Council should receive the letter. After the public hearing has been
closed, Council should deternune how to proceed.
Mayor Willson noted for the record the receipt of a letter of appeal from Margaret Tchokouani
on special assessments of delinquent utility charges for the property located at 5643 Northport
Drive.
Councilmember Lasman moved and Councilmember Ryan seconded to close the Public Hearing.
Motion passed unanimously.
Councilmember Lasman moved and Councilmember Ryan seconded to adopt Ordinance No.
2008-95 Certifying Special Assessments for Delinquent Public Utility Service Accounts to the
Hennepin County T� Rolls.
The question was raised of whether a change in the method of inetering the utility use of the
residents will result in improved payments by residents that are not up to date on their payments.
The motion on the floor was amended as follows:
Councilmember Lasman moved and Councilmember Ryan seconded to adopt Resolution No.
2008-95 Certifying Special Assessments for Delinquent Public Utility Service Accounts to the
Hennepin County Tax Rolls.
Motion passed unanimously.
10. PLANNING COMMISSION ITEMS
None.
11. COUNCIL CONSIDERATION ITEMS
lla. RESOLUTION NO. 2008-96 APPOINTING RESOLUTION JUDGES
Mr. Bo ane introduced the item discussed the histo and stated the purpose of the proposed
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resolution.
Councilmember Lasman moved and Councilmember O'Connor seconded to adopt Resolution
No. 2008-96 Appointing Election Judges.
Motion passed unanimously.
09/08/08 -5- DRAFT
llb. RESOLUTION NO. 2008-97 ACCEPTING BID AND AWARDING A
CONTRACT, IMPROVEMENT PROJECT NO. 2008-15, CITY OF BROOKLYN
CENTER FIBER OPTIC NETWORK FOR FIRE STATIONS
Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed
resolution.
There was discussion on the following in relation to Improvement Proje�t No. 2008-15:
Approximate rental figure of $15,000 to $18,000 per year for LOGIS use of the Brooklyn
Center Police Building as a back-up hot site for operations: actual figure to be verified by
staff.
Savings resulting from eliminating lease charges that are currently paid for use of the
telephone company's lines
Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION
NO. 2008-97 Accepting Bid and Awarding a Contract, Improvement Project No. 2008-15, City
of Brooklyn Center Fiber Optic Network for Fire Stations.
There was discussion on the City's partnership with the Brooklyn Center School District on the
conduit between 65�' and 67�' Avenues on Dupont Avenue. Mr. Boganey explained that the
School District had planned to install conduit for their purposes, and staff was aware that the
City would ultimately need to have a similar conduit. An agreement was reached to share the
cost of the conduit, which reduced the overall cost to the City substantially.
I Th re was discussi n on the im rovement ro'ect connectin the fire stations with fiber o tic.
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Mr. Boganey provided a detailed explanation on how the fiber optic connection will enhance the
communication speeds which will address fire records software performance issues and prepare
these locations as viable solutions for Emergency Management. In addition, the connection will
provide the ability for the City to go to a Voice over IP System when the internal telephone
I system is upgraded.
Motion passed unanimously.
I llc. RESOLUTION NO. 2008-98 DECLARING A PUBLIC NUISANCE AND
ORDERING THE REMOVAL OF DISEASED
Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed
resolution.
Councilmember Ryan moved and Councilmember Lasman seconded to approve RESOLUTION
NO. 2008-98 Declaring a Public Nuisance and Ordering the Removal of Diseased Trees.
Councilmember O'Connor voted against the same. Motion passed.
lld. RESOLUTION NO. 2008-99 RECEIVING PROPOSED CHARTER
AMENDMENT AND CALLING A SPECIAL ELECTION THEREON
09/08/08 -6- DRAFT
Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed
resolution.
Councilmember Yelich moved and Councilmember Ryan seconded to approve RESOLUTION
NO. 2008-99 Receiving Proposed Charter Amendment and Calling a Special Election Thereon.
Tliere was discussion on whether the City Council is required to approve the proposed
resolution. Mr: LeFevere advised that the Charter Commission can require a question to be put
to the public at an election, which is what they have done in this case. It is required to go
through the City Council because the Council runs elections; sets the text of the question and the
polling places in the resolution. The Council is required to do this once the Charter Comtnission
submits a proposed charter amendment for an election. In this case it was submitted within the
window of time that requires it to be held at the same time as the general election. Mr. LeFevere
advised that if the Council declines to satisfy its duty, any member of the Charter Commission or
resident could bring suit against the City to call a special election. After Thursday or Friday of
this week it will be too late to get notice to the County Auditor of this question, so a special
election would need to be held at a different time if a suit were to be filed. This would incur
additional cost. It was noted that a special election would cost in the neighborhood of $15,000.
Motion passed unanimously.
lle. PRELIMINARY TAX CAPACITY AND BUDGET FOR 2009 FISCAL YEAR
RESOLUTIONS
1. RESOLUTION NO. 2008-100 APPROVING A PRELIMINARY TAX
CAPACITY LEVY FOR THE GENERAL FUND AND DEBT SERVICE
FUNDS AND A NLARKF.T VALUE TAX LEVY FOR THE HOUSING AND
REDEVELOPMENT AUTHORITY FOR PROPERTY TAXES PAYABLE IN
2009
Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed
resolutions (Resolution Nos. 2008-100 2008-101). He provided a presentation on the
following information:
City of Brooklyn Center 2009 General Fund Budget Overview
City of Brooklyn Center 2009 Housing and Redevelopment (HRA) Budget Overview
City of Brooklyn Center Proposed Property T� Levy
There was discussion on the impact to property tax resulting from the phasing out of limited
market value. Mr. Boganey indicated there will likely be very few residential property owners
that will see their taxes increase because of the phasing out of limited market value; for this to
happen there would likely need to be an increase in their property values.
In response to questions regaxding the ta�c increase to businesses, Mr. Boganey replied that
commercial/industrial properties are disparate and it is difficult to come up with an average, but
overall the commercial/industrial increase in tax capacity is 9%. One of the principal reasons
09/08/08 -7- DRAFT
that the avera e residential ro erties will have a decline in taxes is b
ecause the
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commercial/industrial sector will be picking up a larger share of the total ta�es paid.
It was re uested that staff rovide information on the tax im act on the median home value in
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the City.
It was noted that in relation to the comment made that violent crimes are down in the City, a
recent memo showed that the overall crime rate has increased 7% to 8%. Mr. Boganey explained
that the first six months of the year showed an overall increase in crime, but a decrease in violent
crimes.
Councilmember Lasman moved and Councilmember Yelich seconded to approve
RESOLUTION NO. 2008-100 Approving a Preliminary Tax Capacity Levy for the General
Fund and Debt Service Funds and a Market Value Ta�c Levy for the Housing and Redevelopment
Authority for Property Taxes Payable in 2009.
Councilmember O'Connor voted against the same. Motion passed.
2. RESOLUTION NO. 2008-101 ADOPTING A PRELIMINARY BUDGET FOR
THE 2009 FISCAL YEAR
Councilmember Ryan moved and Councilmember Yelich seconded to approve RESOLUTION
NO. 2008-101 Adopting a Preliminary Budget for the 2009 Fiscal Year.
d
Councilmember O Connor voted agamst the same. Motion passe
12. ADJOURNMENT
Councilmember Lasman moved and Councilmember Ryan seconded adjournment of the City
Council meeting at 8:39 p.m.
Motion passed unanimously.
09/08/08 -8- DRAFT
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
SPECIAL SESSION
SEPTEMBER 10, 2008
CITY HALL
1. CALL TO ORDER
The Brooklyn Center City Council met in Special Session as an election canvass board called to order by
Mayor Tim Willson at 5:00 p.m.
2. ROLL CALL
Mayor Tim Willson and Councilmembers Kay Lasman, Mary O'Connor, and Dan Ryan. Councilmember
Mark Yelich was absent and excused. Also present was City Clerk Sharon Knutson.
3. CANVASS OF ELECTION RETURNS
3a. RESOLUTION NO. 2008-102 REGARDING CANVASS OF SEPTEMBER 9, 2008, PRIMARY
ELECTION
The Brooklyn Center City Council proceeded to canvass the City election returns ftom all City precincts,
reporting ballots cast in the City of Brooklyn Center contest as follows:
Office of Council Member Ballot Count
Tim Roche 1,284
Kay Lasman 1,195
Ed Nelson 488
Mary O'Connor 377
Walt "Phil" Filson 343
Heidi L. Huckleberry 275
Steve Landis 1 g2
Mike Auld 160
Councilmember Kay Lasman moved and Councilmember Dan Ryan seconded adoption of RESOLUTION
NO. 2008-102 Regarding Canvass of September 9, 2008, Primary Election.
Motion passed unanimously.
4. ADJOURNMENT
Councilmember Kay Lasman moved and Councilmember Dan Ryan seconded adjournment of the Special
Session at 5:07 p.m.
Motion passed unanimously.
City Clerk Mayor
09/ 10/08 -1- DRAFI'
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
SEPTEMBER 15, 2008
CITY HALL COUNCIL CHAMBERS
CALL TO ORDER
The Brooklyn Center City Council met in Joint Work Session with the Financial Commission called
to order by Mayor Tim Willson at 6:34 p.m.
ROLL CALL
Mayor Tim Willson and Councilmembers Kay Lasman, Dan Ryan, and Mark Yelich. Also present:
City Manager Curt Boganey, Fiscal and Support Services Director Dan Jordet, and Deputy City
Clerk Maria Rosenbaum. Councilmember O'Connor was absent and excused.
Others present were Financial Commissioners Philip Berglin, Todd Boster (arrived at 6:38 p.m.),
Mark Nemec, Susan Shogren Smith (arrived at 6:41 p.m.), and Rex Newman (arrived at 6:3 8 p.m.).
REVIEW OF BUDGET ACTIONS SINCE LAST WORK SESSION, AUGUST 18, 2008
City Manager Curt Boganey discussed that there will be an in-house process to develop a"budgeting
for outcomes" budget process since the cost of outside help is extremely high.
City Manager Boganey informed that the PowerPoint Presentation distributed this evening was far
the purpose of providing it to the Financial Commission and that a few new charts had been added.
He outlined the tax capacity charts for 2008 and 2009.
City Manager Boganey outlined a memo that was provided from Fiscal and Support Services
Director Dan Jordet with regards to three questions being answered from the 2009 Preliminary
Budget discussions relating to limited market value and taxable market value, average median value
of a residential property, and debt interest payments. He noted that it was important to inform the
Financial Commission that after conversations with the State about special levies, staff found out
that the previous amount of proposed levy increase was higher that would have been allowed and
what had been adopted at the September 8, 200$, City Council Meeting. He informed that in the
proposed budget the delinquent tax receipts had been reduced to balance the proposed budget.
City Manager Boganey informed that this budget is tight, there is not a lot of room for errors, it will
be monitored carefully, and Department Heads are well aware of the situation. He outlined the
charts that were provided at the September 8, 2008, City Council Meeting. Financial Commissioner
Phil Berglin asked if in the future the charts could have the property ta�tes removed to improve the
look of the chart.
09/15/08 -1- DRAFT
REVIEW OF PROPOSED BUDGETS FOR THE GENERAL FUND, DEBT SERVICE
FUNDS, HOUSING AND REDEVELOPMENT AUTHORITY FUND, AND ECONOMIC
DEVELOPMENT AUTHORITY FUND
City Manager Boganey suminarized each General Fund Department and highlighted funds that had
changes which included:
10100-41430 City Clerk There is no scheduled Election in 2009.
10100-41550 Assessing There were no changes to this division; however, there was
discussion regarding the value of having the County take over assessing responsibilities.
City Manager Boganey informed that the benefit to having staff on site is to provide direct
conta.ct with citizens, and the expertise of in-house stafFfor redevelopment projects.
10100-41520 Finance There were no changes to this di�ision; however, there was
discussion about the $8,000 difference in professional services. Riscal and Support Services
Director Jordet informed that the difference was because of the new reporting requirements
for post retirement funding.
10100-41610 Legal There were no changes to this division; however, there was discussion
about the possibility of having the legal fees negotiated since the hours of service has been
reduced.
10100-41940 General Government Buildings The install tox-alert for the Police Station
was removed from the budget and the replacement of fuel tank has been done already.
10100-42170 Police Station and Buildings The $5,400 on page 14 was to be removed from
the budget.
10100-41920 Information Technology It was noted that the most significant goal for this
division is the implementation of the document management system. During the suminary of
this division, there was discussion about Council Members getting laptops and the direction
technology is moving.
10100-42123 Police Patrol There was a request to increase and continue funding for a
summer park patrol initiative for 2009 from five days a week to seven days a week. Since
this was started in 2008, it has been successful and with comments being heard that crime is
down in parks, this seem reasonable to keep in the budget. The funding for this request will
be from Patrol Part-time (42123-6103).
10100-42210 Fire Department The department goal of inspecting commerciaUindustrial
and residential property in the City was discussed. The last several years the City has not
been able to provide a consistent program for inspections in a manner believed appropriate
by the City Manager. There was discussion regarding how to meet the needed inspection
goals and having the building inspectors trained and handling these inspections; however,
time is an issue with that consideration.
1 O 100-42411 Code Enforcement Additional staff requests have been made since it has been
difficult to stay on top with big issues like Center Pointe Apartments and staff is looking at
revenue outside of the General Fund to beef up code enforcement.
10100-45122 Community Center The flat panel displays has been removed from the
budget.
09/15/08 -2- DRAFT
10100-45124 Pool There was discussion regarding the allocations budgeted for the
Community Center and the pool. It was noted that there may be a grant funded survey done
city-wide to answer questions about customer demand on recreational nse.
City Manager Boganey informed that he believes the proposed budget is maintaining status quo and
meets customer expectations. He outlined the Economic Development Authority (EDA) and
Housing and Redevelopment Authority (HRA) departmental goals and funding mechanisms.
Fiscal and Support Services Director outlined the schedule provided in the materials for the Tax
Increment Bonds.
ADJOURNMENT
Councilmember Lasman moved and Councilmember Ryan seconded to adjourn the Work Session at
9:10 p.m. Motion passed unanimously.
09/15/08 -3- DRAFT
I�
City Council Agenda Item No. 7b
I
COUNCIL ITEM MEMORANDUM
TO: Curt Boganey, City Manager
FROM: Maria Rosenbaum, Deputy City Clerk
DATE: September 16, 2008
SUBJECT; Licenses for Council Approval
Recommendation:
I recommend that the City Council approve the following list of licenses at its September 22, 2008,
meeting.
Background:
The following businesses/persons have applied for City licenses as noted. Each business/person has
fulfilled the requirements of the City Ordinance governing respective licenses, submitted appropriate
applications, and paid proper fees. Applicants for rental dwelling licenses are in compliance with
Chapter 12 of the City Code of Ordinances, unless comments are noted below the property address on
the attached rental report.
MECHANICAL
Dependable Indoor Air 2619 Coon Rapids Blvd, Coon Rapids
Precision Heating and Cooling 3650 Chestnut Street, Chaska
Residential Heating and Air 1815 East 41 St Street, Minneapolis
RENTAL
See attached report.
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1 Assault, 9 Burglary, 4 Damage, 23
Twin Lakes Manor 12 Bldg Disturbance, 2 Drug, 2 Robbery,l9 Thefts,
3305-3433 53rd Ave N 310 Units Initial Teddy Bear Extended LLP 2 Weapons (.20) OK OK
3818 61st Ave N �Single Family Initial ISherman Yih Feng Kho �None per 12-9110rdinance OK OK
4937 Zenith Ave N �Single Family Initial IJames Maciazka �None per 12-911 Ordinance OK OK
Garden City Court 6 B1dg
3407-17 65th Ave N 72 Units Renewal Garden City Court Apts 1 Assault, 1 Dist Peace, 1 Theft (.04j OK OK
1 Bldg
7018 Brooklyn Blvd 8 Units Renewal Nelia Schaff 1 Burglary, 1 Theft (.25) OK OK
5519-23 Lyndale Ave N �Multi-Family (2) Renewal �Dragon Property Mgmt. �None per 12-911 Ordinance OK OK
1320 68th Ln N �Single Family Renewal �Rachef Omao �None per 12-911 Ordinance OK OK
5501 Brooklyn Blvd �Single Family Renewal �Mains'I Properties �None per 12-911 Ordinance OK OK
City Council Agenda Item No. '�c
i
COUNCIL ITEM MEMORANDUM
TOc Curt Boganey, City Manager
FROM: Sharon Knutson, City Clerk
v
DATE: September 11, 2008
SUBJECT: Application and Permit for Temporary On-Sale Liquar License Submitted By
Surly Brewing Company, 4811 Dusharme Drive, for an Event to be Held
October 25, 2008
Recommendation:
I recommend that the City Council consider approval of the application and permit for temporary
on-sale liquor license submitted by Surly Brewing Company, 4811 Dusharme Drive, for an event
to be held October 25, 2008.
Background:
Surly Brewing Company, 4811 Dusharme Drive, has submitted an application and permit for
temporary on-sale liquor license for an event to be held on October 25, 2008. The applicant has
satisfied the City's requirements and submitted the $25 fee for the license, along with a
certificate of coverage for liquor liability insurance. The applicant will be meeting with
Commander Tim Gannon and Planning and Zoning Specialist Ron Warren regarding parking,
noise, and security issues. After Council review, the application and permit will be forwarded to
the Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division for
approvaL
Citv Ordinance Section 11-107 (61
Temporary On-Sale Intoxicating Liquor License. This license may be issued only
upon receiving the approval from the Commissioner of Public Safety. The license may
be issued only in connection with a social event within the city that is sponsored by a
club or charitable, religious, or other nonprofit organization that has existed for at least
three years or to a brewer who manufactures fewer than 3,500 barrels of malt liquor in a
year. 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 shall issue no more than
twelve days' worth of temporary licenses to any one organization or for any one location
within a 12-month period. The temporary license may authorize the sale of intoxicating
liquor to be consumed on Premises other than Premises the licensee owns or permanently
occupies. The temporary license may provide that the licensee may contract for
intoxicating liquor catering services with the holder of an On-Sale Intoxicating Liquor
License issued by any municipalify.
Budget Issues:
There are no budget issues to consider.
o� �m�,rw,
Minnesota Department of Puhlic Safety �r�
ALCOHOL AND GAMBLING ENFORCEMENT DIVISION
p 444 Cedar Street Suite 133, St. Paul MN 55101-5133
S
`x (651) 201-7507 Fax (651) 297-5259 TT"Y (651) 282-6555
WWW.DPS.STATE.MN.US
APPLICATION AND PERMIT
FOR A 1 TO 4 DAY TEMPORARY ON-SALE LIQUOR LICENSE
TYPE OR PRINT INFORMATION
NAME OF ORGANIZATION DATE ORGANIZED TAX EXEMPT NUMBER
5�cz�� �R��✓r�G Ca���� �/.��a�
STREET ADDRESS C Y` STATE ZIP CODE
��ll �v�/�A��'!� i r�� od �l L��� 2�'
NAME OF RSON MA G APPLICATION BUSINESS PHONE HOME PHONE
�r�5�� c> 763 S3S 333o c�?63 ��3
DATES LIQUOR WILL BE SOLD TYPE OF ORGANIZATION /"(rG-ld��� x
O� CLUR (�HARITABI.F. RF.i,T(;TniJR nTHF_R NONPR(IFiT
ORGANIZATION OFFICER'S NAME ADDRESS
�M��
ORGANIZATION OFFICER'S NAME ADDRESS
ORGANIZATION OF�ICER'S NAME ADDRESS
Location license will be used. If an outdoor area, describe
�t`�i2 �av d�, fiL ��`?P Q�
�Il����� �t Q be�t,�OR°�-� �'t�� /`it �clr ��r�'�<��, ��o�. ��'l�5 �'.5
7 f'l(L /lG.� t' C !�/C �`!if h� dj�.��h� f� i f �va�
Will the applicant contract for intoxicating liquor service? If so, give the name and address of the liquor licensee providing the service.
h� �r �r�J�.l�� c�✓r's�
Will the applicant carry� �quor lia�ility insur� If so}, �lease provide e ca�} er's name and amount of coverage.
�,r/+C' (t ry �lcp� �a s Cr 4 �r� c, h
r
APROVAL
APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUSMITTING TO ALCOHOL GAMBLING
ENFORCEMENT
�ITY�OUNTY n C�1�,� DATE APPROVED
CITY FEE AMOUNT �v LICENSE DATES
DATE FEE PAID 9'' D�
SIGNATURE CITY CLERK OR COUNTY OFFICIAL APPROVED DIRECTOR ALCOHOL AND GAMBLING ENFORCEMENT
NOTE: Submit this form to the city or county 30 days prior to event. Forward apptication signed by city and/or county to the address
above. If the appiication is approved the Alcohol and Gambling Entorcement Division will return this application to be used as the License tor the eveot
PS-09079 (OS/06)
CITY OF BROOKLYN CENTER
Cash Receipt
eceipt Date 9/11/2008
eceipt Number 45959
SURLY BREWING CO
TEMPORARY LIQUOR LICENSE
10100-4201 25.00
TEMPORARY LIQUOR LICENSE
Total Receipt Amount 25.00
122994 15:49:58
1
City Council Agenda Item No. 8a
COUNCIL ITEM MEMORANDUM
TO: Councilmembers Lasman, O'Connor, Ryan, and Yelich
FROM: Tim Willson, Mayor ��y�.? �f/
DATE: September 15, 2008
SUBJECT: Resolution Recognizing Senator Linda Scheid for Her Legislative Contributions
During the 2008 Session
Recommendation:
It is recommended that the City Council consider approval/adoption of a Resolution Recognizing
Senator Linda Scheid for Her Legislative Contributions During the 2008 Session.
Background:
The League of Minnesota Cities Board of Directors recognized 32 legislators this year for their
actions and leadership on a wide variety of legislative issues of importance to cities across
Minnesota. Brooklyn Center's Senator Linda Scheid was chosen far this recognition by the
League.
Budget Issues:
There are no budget issues to consider.
Member introduced the following resolution and moved
rts adoprion:
RESOLUTION NO.
RESOLUTION RECOGNIZING SENATOR LINDA SCHEID FOR HER
LEGISLATIVE CONTRIBUTIONS DURING THE 2008 SESSION
WHEREAS, Senator Linda Scheid played an influential role during the negotiations
on the I-35 bridge collapse victim's compensation fund in preserving the state and local tort caps;
and
WHEREAS, Senator Scheid was successful in offering an amendment to moderate
the open meeting and data practices legislation that could have unnecessarily increased legal costs to
cities for unintentional violations of the open meeting law; and
WHEREAS, Senator Scheid's efforts have strengthened the partnership between
state and local government and in particular between city officials and sta.te legislators.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that Senator Linda Scheid be and hereby is recognized and thanked for her many
efforts in support of city-friendly legislation.
Sentember 22, 2008
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
II
G�E�E CC�I�d�1FC�'II�T� Sz �h1i���'1�.TIi�t�
��F��'�.� SI� C� f 41 i
ITI�S
Memorandum
To: Mayor
From: Gary Carlson, Director of Intergovernmental Relations
��te: 8; 22l24�8
Re: 2008 League of Minnesota Cities Legislator s of Distinction
The League of Minnesota Cities Board of Directors recognized 32 legislators this year for
their actions and leadership on a wide variety of legislative issues of importance to cities
across Minnesota. You will note in the attached letter specific reasons your legislator was
chosen for this recognition by the League.
Please share this recognition with your city council and the public at your next council
meeting. By publicly acknowledging legislators for their efforts in support of city-friendly
legislation, we continue to strengthen the partnership between state and local
government and in particular between city officials and state legislators.
If you have any questions, please feel free to contact Brian Strub at the League of
Minnesota Cities at bstrubCa�lmc.ora, 651-281-1256 or 800-925-1122.
Thank you for your efforts to strengthen the partnership between state and city leaders,
and for telling your city story.
i�� C_\['��E;�['�'i".'.'dE. i'��iiT rr��.._.�r; r=_'_:�i1,=til-__�'?
tiT. F_�CL. �=?Il;-���-�-� ?I�li� ::in i•.
I
I�
o
GUE oF CONNECTING INNOVATING
INNESOTA siNCE i9z3
CITIES
September 2, 2008
Senator Linda Scheid
G-9 Capitol
75 Rev. Dr. Martin Luther King Jr. Blvd.
St. Paul, MN 55155
Dear Senator Scheid:
On behalf of the more than 800 member cities of the League of Minnesota Cities, we are honored
to acknowledge your legislative contributions during the 2008 session by recognizing you as a
League of Minnesota Cities 2008 Legislator of Distinction.
As you know, we pursue flexible, responsible, and accountable municipal authority to provide
local solutions to our residents in a wide array of services including safe drinking water, police and
fire protection, quality parks and recreation among others. Defending local control and protecting
cities from unfunded mandates are core betiefs of the League of Minnesota Cities, and our
members pursue these principals with the goal of fostering and encouraging active engaged citizen
participation in local governance in communities across Minnesota.
Our members recognize that in order to be successful in serving our common constituents, state
and city officials must work together as partners to reach solutions that meet the unique needs of
rural, suburban, and urban main streets across this state.
City leaders also understand that without the support of legislative leaders like you, this
partnership and all the success that results from our cooperation would not be possible. In
particular, during the 2008 session, you played an influential role during the negotiations on the
I-35 bridge collapse victim's compensation fund in preserving the state and local tort caps. In
addition, you were extremely helpful by successfully offering an amendment to moderate the open
meeting and data practices legislation that could have unnecessarily increased legal costs to cities
for unintentional violations of the open meeting law.
145 UNIVERSITY AVE. WEST PHONE:{651) 281-1200 Fnx: (651) 281-1299
ST. PAUL, MN 55103-2044 rot,t F[tEE: (800) 925-1122 WEB: WWW.LMC.ORG
Senator Linda Scheid
September 2, 2009
Page 2
Again, thank you for your efforts to continue Minnesota's strong tradition of a healthy state-local
partnership. We hope to see you in Bloomington for the League of Minnesota Cities Regional
Meeting on November 20, 2008.
Sincerely,
1j Q�ft.1t K i���i'�i�G/' Y. j
I
Mary Hamann-Roland Ardell Brede
Apple Valley Mayor Rochester Mayar
LMC President LMC l Vice President
CC: Mayors in District 46
Mayor Tim Willson, Brooklyn Center
Mayor Steve Lampi, Brooklyn Park
City Council Agenda Item l�To. 8b
COUNCIL ITEM MEMORANDUM
TO: Councilmembers Lasman, O'Connor, Ryan, and Yelich
FROM: Tim Willson, Mayor ��y ��C/
DATEc September 15, 2008
SUBJECT: Resolution Recognizing Representative Debra Hilstrom for Her Legislative
Contributions During the 2008 Session
Recommendation:
It is recommended that the City Council consider approval/adoption of a Resolution Recognizing
Representative Debra Hilstrom for Her Legislative Contributions During the 2008 Session.
Background:
The League of Minnesota Cities Board of Directors recognized 32 legislators this year for their
actions and leadership on a wide variety of legislative issues of importance to cities across
Minnesota. Brooklyn Center's Representative Debra Hilstrom was chosen for this recognition
i by the League.
Budget Issues:
There are no budget issues to consider.
Member introduced the following resolution and moved
its adoption:
RESOLUTION NO.
RESOLUTION RECOGNIZING REPRESENTATIVE DEBRA HILSTROM FOR
HER LEGISLATIVE CONTRIBUTIONS DURING THE 2008 SESSION
WHEREAS, Representative Hilstrom carried legislation authorizing the creation of
trusts for Other Post Employment Benefits (OPEB), expanding the allowable 457 deferred
compensation savings plans for municipal employees; and
WHEREAS, Representative Hilstrom supported efforts to a11ow council meetings to
occur on March 4, the date formerly reserved for party caucuses, and supported changes to city
charter statutes; and
WHEREAS, Representative Hilstrom's efforts have strengthened the partnership
between state and local government and in particular between city officials and state legislators.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that Representative Debra Hilstrom be and hereby is recognized and thanked for her
many efforts in support of city-friendly legislation.
September 22. 2008
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
I
L��.��E�F cc��rr�EC���� s� �r�r������r��
I€�II�ES�T� si�c� �s�3
tTIES
Memorandum
To: Mayor
From: Gary Ca�lson, Director of intergovemmental Relations
Date: 8/22/2008
Re: 2008 League of Minnesota Cities Legislator s of Distinction
The League of Minnesota Cities Board of Directors recognized 32 legislators this year for
their actions and leadership on a wide variety of legislative issues of importance to cities
across Minnesota. You will note in the attached letter specific reasons your legislator was
chosen for this recognition by the League.
Please share this recognition with your city council and the public at your next council
meeting. By publicly acknowledging legislators for their efforts in support of city-friendly
legislation, we continue to strengthen the partnership between state and local
government and in particular between city officials and state legislators.
1f you have any questions, please feel free to contact Brian Strub at the League of
Minnesota Cities at bstrub an.lmc.ora, 651-281-1256 or 800-925-1122.
Thank you for your efforts to strengthen the partnership between state and city leaders,
and for telling your city story.
1-� ti['��E?�;T', ..�E."t'��tiT r:-_. �6�1�'?�I-1?C�; r�... �;l;=ti[-__="
�1 P_'.(; L. i �,a...�
r ��,Ili ��-I I?-
O O
GUE oF CONI�TECTING INNOVATING
INNESOTA s�rrcE 1913
CITIES
September 2, 2008
Representative Debra Hilstrom
379 State Office Building
100 Rev. Dr. Martin Luther King 3r. Blvd.
St. Paul, MN 55155
Dear Representative Hilstrom:
On behalf of the more than 800 member cities of the League of Minnesota Cities, we are honored
to acknowledge your legislative contributions during the 2008 session by recognizing you as a
League of Minnesota Cities 2008 Legislator of Distinction.
As you know, we pursue flexible, responsible, and accountable municipal authority to provide
local solutions to our residents in a wide array of services including safe drinking water, police and
fire protection, quality parks and recreation among others. Defending local control and protecting
cities from unfunded mandates are core beliefs of the League of Minnesota Cities, and our
members pursue these principals with the goal of fostering and encouraging active engaged citizen
participation in local governance in communities across Minnesota.
Our members recognize that in order to be successful in serving our common constituents, state
and city officials must work together as partners to reach solutions that meet the unique needs of
rural, suburban, and urban main streets across this state.
City leaders also understand that without the support of legislative leaders like you, this
partnership and all the success that results from our cooperation would nat be possible. In
particular, during the 2008 session, you carried League-supported legislation authorizing the
creation of trusts for Other Post Employment Benefits (OPEB), expanding the allowable 457
deferred compensation savings plans for municipal employees. You also supported our efforts to
allow council meetings to occur on March 4, the date formerly reserved for party caucuses, and
supported our changes to the city charter statutes. You have been a solid proponent of the state-
local fiscal partnership, and we appreciated your hard work on the tax conference committee. Your
leadership as committee chair has reduced political rhetoric and reactionary legislation and
promoted communication between concerned parties aimed at reaching thoughtful solutions.
Finally, we would like to acknowledge your open door policy and your general willingness to meet
with us to discuss city issues.
145 UNIVERSITY AVE. WEST rHOrrE: (651) 281-1200 Fnx: (G51) 281-1299
ST. PAUL, MN 55103-2044 TOLL FREE: (HOO) 9ZS-I122 WEB: WWW.LMC.ORG
Representative Debra Hilstrom
September 2, 2008
Page 2
Again, thank you for your efforts to continue Minnesota's strong tradition of a healthy state-local
partnership. We hope to see you in Bloomington for the League of Minnesota Cities Regional
Meeting on November 20, 2008.
Sincerely,
ti lt.�ut G(
Mary Hamann-Roland Ardell Brede
Apple Valley I�ayor Rochester Mayor
LMC President LMC l Vice President
CC: Mayors in District 46B
Mayor Tim Willson, Brooklyn Center
Mayor Steve Lampi, Brooklyn Park
i�
I I
C�ty Council Agenda Item No. 8c
i
r
C4UNCIL ITEM MEMORANDUM
TO: Curt Boganey, City Manager
FROM: Sharon Knutson, City Clerk
DATE: September 2, 2008
SUBJECT: Proclamation Recognizing the 25th Anniversary of Community Mediation
Services, Inc.
Recommendation:
It is recommended that the City Council consider approval/adoption of Proclamation
Recognizing the 25th Anniversary of Community Mediation Services, Inc.
Background:
The attached proclamation recognizes the 25th anniversary of Community Mediation Services,
Inc., which the City of Brooklyn Center launched in 1983. Beth Bailey-Allen of Community
Mediation Services indicates that they are collecting proclamations from their partner cities and
will frame them and display them outside of the entrance to their mediation room.
Budget Issues:
There are no budget issues to consider.
PROCLAMATION
Community Mediation Sef~vices, Inc.
25th Anniversary
WHEREAS, throughout 2008 Community Mediation Services, Inc. is celebrating its 25th
Anniversary; and
WHEREAS, since 1983, Communzty Mediation Services, Inc. has been an asset to the
communiry by providing the inspiration and tools to resolve conflict respectfully
and effectively through voluntary mediation services; and
WHEREAS, Corrcmunity Mediation Services, Inc. provides services to and through the local
community by utilizing dedicated and trained community volunteers as mediators;
and
WHEREAS, Community Mediation Services, Inc. is a non profit community resource governed
by community residents and operating with financial support from state, local,
and private sources; and
WHEREAS Since 1983 Community Mediation Services, Inc. has provided over 18, 000
mediations and trained over 250 community mediators.
NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYIV CENTER, State of
Minnesota, with the consent and support of the Brooklyn Center City Council, do hereby
recognize the 25th Anniversary of Communiry Mediation Services, Inc. and ask all to join in
celebrating this auspicious occasion.
September 22. 2008
Date Mayor
Council Members
ATTEST:
City Clerk
City Council Agenda Item No. lla
NDUM
COUNCIL ITEM MEMORA
TO: Curt Boganey, City Manager
FROM: David Peterson, Deputy Director of Public Works
DATE: September 16, 2008
SUBJECT: Resolution Approving Letter of Understanding between the Cities of
Brooklyn Center and Minneapolis
Recommendation:
Public Works staff recommends that the City Council consider approval of the attached
resolution.
Background:
The City of Minneapolis is constructing a new parking lot for the existing Minneapolis Park
and Recreation facilities south of 53` Ave. N. at Lyndale Ave N. The City of Minneapolis
has submitted a Letter of Understanding to realign the intersection at 53r Ave. N. and
Lyndale Ave. N. The work affecting the Brooklyn Center owned roadway portion of 53rd
Ave. N. and Lyndale Ave. N. consists of changing approximately 50 feet of curb and gutter
alignment. The driveway change on the Minneapolis owned portion will facilitate a safer
intersection and access to the Minneapolis Park and Recreation facility. The change would
benefit snowplowing operations and be beneficial to both cities per the letter of
understanding. The roadway, curb and gutter will be reconstructed to City of Brooklyn
Center standards as shown on Exhibit A plan.
lan re ared and si ed b
Exhibit A attached to the letter of understandin is the p p gn y
g P
Bonestroo and Associates, a registered engineering firm hired by the City of Minneapolis.
Budget Issues:
The reconstruction costs will be paid for by the City of Minneapolis.
Minneapolis Letter of Understanding
Brooklyn Center City Manager
Cit of Brookl Center MN. 55430
Y Yn
�iinneapolis
RE: Letter of Understanding Regarding 53 Ave. at North Mississippi Drive
�ark arid Recreation
Board
Dear Cornelius Boganey, City Manager of Brooklyn Center,
Adrninistrative Offrces
21 7 West River Road
Minneapalis, n�n•r ssai i-zn� The following is to summarize our request on behalf of the Minn�anolis Park
Pho»e: 612-230-6400 ana R�Crea��r�ri R^wT!� f��p�p) :�a�i�� �iie intersection of 53 Ave North
Fmr:612-230-6500
and North Mississippi Drive in North Mississippi Regional Park.
Operations Center
3800 Bryant Avenue South
��r,�,�pous, �rr ssao9-i000 The roadway formerly Lyndale Ave. North in the City of Minneapolis is being
Phorre: 612-37014400 vacated and reconstructed as a parking area for the park as such a driveway
Fczr: 612-370�3831
will replace the former street intersection.
Traffic Engineers from the City of Minneapolis have directed us to design a
radius curve to replace the former T- shaped intersection. The reshaped
intersection would utilize Right of Way from both Minneapolis and Brooklyn
Center. The resulting change would improve traffic flow and ease of plowing
maintenance, leaving additional snow storage between the road and regional
trail.
The resulting boulevard would be planted in turf grass, the design will not
require any change to existing maintenance practices for plowing and mowing
PresidenF of street or trail by respective parties.
Tom Nordyke
I'ice President 'I'lie MPRB would reconstruct the curve at it's expense as part of it's project
Mary Merrill Anderson expected to start in October with a completion date of June 15 2009.
Commissioners
wa�c Dz�eazsc The MPRB hereby requests a permit to reconstruct the intersection
Bob F�ne realignment on Brooklyn Center Right of Way matching existing curb and
Cazol A. Kummer pavement standards, boulevard restoration in turf including appropriate
T��yrordsttom drainage patterns as per the attached drawing. (Exhibit A)
lon C. Olson
Scott Vreeland
Annie Young SiriCOT'ely
Superintendent Andy.L SCh
Jon R. Gurban RLA ,Park Recreation Planner
Planning and Project Management Dept
Secretary to the Bonrd Minneapolis Park and Recreation Board
�siggetkow 2117 W est River Road
Minneapolis, MN 55411-2227
www.minneapolisparks.org voice 612-230-6438, fax 612-230-6506
Equal Opporturuy Provider of
Leisure and Recreational Services
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Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION APPROVING LETTER OF UNDERSTANDING BETWEEN
THE CITIES OF BROOKLYN CENTER AND MINNEAPOLIS
WHEREAS, a portion of Lyndale Ave. N. in the City of Brooklyn Center is in the
2008 Ci of Minnea olis construction area; and
n' p
WHEREAS, the City of Minneapolis has submitted a plan and Letter of
Understanding to realign approximately 50 feet of the east curb and gutter on Lyndale Ave. N. in
Brooklyn Center; and
WHEREAS, the City of Brooklyn Center wishes to proceed with the realignment of
the east curb and gutter of Lyndale Ave. N. at 53 Ave. N.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that the Letter of Understanding be approved and the City Manager is
authorized to issue a permit to the City of Minneapolis to realign at their expense the intersection of
Lyndale Ave. N. at 53`a Ave. N.
Sentember 22, 2008
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
Work Session Agenda
AGENDA
CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION
September 22, 2008
Immediately Following Regular City Council and EDA Meetings Which Start at 7:00 P.M.
Council Chambers
City Hall
A copy of the full City Council packet is available to the public. The packet ring binder is
located at the front of the Council Chambers by the Secretary.
ACTIVE DISCUSSION ITEMS
1. Joint Powers Agreement Brooklyn Bridge Alliance
Pending List for Future Work Sessions
1. City Manager Performance Review Process
2. Shingle Creek Waterway Plan Update
3. Adult Entertainment Establishments
4. Rental Housing Plan Update
5. Three Rivers Park District Plan
6. TIF Districts Update City Manager
7. 2011 Brooklyn Center Celebration Status Report
8. New Hope Ice Arena
9. Builders Association Residential Sprinklers
10. Contamination Assessment Hmong-American Shopping Center Site
11. Super America Quarterly Update
i
Work Session Agenda Item No. 1
City of .Brooklyn Center
A Millennium Community
MEMORANDUM COUNCIL WORK SESSION
DATE: September 18, 2008
TO: Brooklyn Center City Council
FROM: Curt Boganey, City Mana,���
SUBJECT: Joint Powers Agreement-Alliance for Youth
COUNCIL ACTION REQUIRED
Previously the City Council expressed a willingness to consider the adoption of a JPA for
this activity.
This item is placed on the work session to determine if the draft Joint Powers Agreement
(JPA) is acceptable in its current form or if you have particular changes to propose.
BACKGROUND
The enclosed draft Joint Powers Agreement sets forth the operating parameters for an
organization that is intended to facilitate the creation of a community-wide vision far
positive youth development. The Mayor and I have participated in several meetings of the
planning group that developed the proposed JPA. The staff has reviewed the document
and has no objections to the language as proposed. If adopted by all parties the group
will include a very comprehensive mix of stake holders in Brooklyn Center and Brooklyn
Park.
On October 7 t1i the working group will meet to discuss progress. If the Council has
changes or concerns about the agreement it would be helpful if these issues could be
brought to the working group.
If the agreement is acceptable to the Council it will be placed on the next regular meeting
for adoption consideration.
COUNCIL POLICY ISSUES
Will participation in the JPA as proposed effectively further the interest and goals of the
City Council?
6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number
Brooklyn Center, MN 55430-2199 (763) 569-3400
r 763 569-3300 FAX (763) 569-3434
Cit Hall TDD Numbe
y
FAX (763) 569-3494
www. cityofbrooklyncenter.org
THE BROOKLYN BRIDGE ALLIANCE FOR YOUTH
A JOINT POWERS AGREEMENT
The parties to this Agreement are Hennepin County, the of Brooklyn Center, City of
Brooklyn Park, Anoka-Hennepin School District, Brooklyn ����er ol District, Osseo School
District, Robbinsdale School District, Hennepin Technical Colleg��� d North Hennepin
Communi t y Co l lege, a l l o f w hic h are governmen t a l uni ts wi t hin t he S t a te inn e s o t a. This
t ection 471.59. "E�
A eement is made ursuant to Minnesota Statu es S x.
P
ARTICLE I. GENERAI, PURPOSE�
The general purpose of this A�: �t to create an organization titled "The Brooklyn
Bridge Alliance for Youth" (hereafter refei�red to a��'�e Alliance} through which the parties may
jointly and cooperatively create a commun�� w��� �visio����ositive youth development that
will focus on developing a detailed action p1���to cooperate, communicate and collaborate in
positive youth development for all youth m���rooklyn Center and Brooklyn Park. The
organization would concentrate on encouraging co�nunity partnerships that would improve the
factors b��d�� ��c���,�ve youth development and diminish or eliminate influences that limit
heal uth develo� The organization would serve as a formal structure to assemble
vi/� i
zv
perman�n�� for'�►�zth that would be responsible for implementing this action plan.
ARTICLE II.'��� TIES
'`�z>`
Section 1�� units within the State of Minnesota eligible to become
parties to this Agreement are Hennepin County, the City of Brooklyn Center, the City of
Brooklyn Park, Anoka-Hennepin School District, Brooklyn Center School District, Osseo School
District, Robbinsdale School District, Hennepin Technical College, North Hennepin Community
College and such other governmental units, sharing common concerns, which may be designated
by the Alliance Board of Directors.
Section 2. Any governmental unit desiring to enter into this Agreement may do so by the
duly authorized execution of a copy of this Agreement by its proper officers. Thereupon, the
clerk or other corresponding officer of the governmental unit shall file a duly executed copy of
the Agreement, together with a certified copy of the authorizing resolution or other action, with
the Board of Directors. The resolution authorizing the execution of the Agreement shall also
designate the first directors and alternate director.
I ARTICLE III. BOARD OF DIRECTORS
Section 1. The governing and policy-making responsibilities of The Alliance shall be
vested in its Board of Directors (the Board), which shall control its properiy, be responsible for its
finances, and direct its administrative affairs.
Section 2. Each party shall be entitled to two directors, (one elected official and one top-
level staff, or two top-level staff, depending on the struc�ure of each pariy's organization) who
shall have one vote each. Hennepin County shall Y�. o additional members, one each from
the Brookl Park and Brookl Center libranes T�ie cities o� Brooklyn Center and Brooklyn
Yn Yn a r
Park shall each have two additional members, one �"�m ea� ;'`��'s police deparhnent and one
�r�;,�
from each city's parks and recreation department ��arty shall also be entitled to one
���,u,
alternate director, who shall be entitled to attend meetings cr��e Board, but may only vote in the
absence of one of the party's two directors.
Section 3. The tvuc� �i����ors and one alternate director shall be appointed by resolution
of the governing body����ach part3?,��.� the governing party of a body appoints a director or
�'rs:
alternate director, all give no�� to The Alliance of such appointment in writing with a
certified copy of the res�i���on ��K��a���,�mtment. The two directors and alternate director
serve at the pleasure of the��r� ing body o����'"appointed party. Finally, the two directors and
alternate director of each party s be appointed to serve until their successors are appointed and
qualified. M
Section 4. The two directors alternate director of each party shall not receive any
compensation from The Alliance for their services.
Section 5. There shall be no voting by proxy; the two directors or alternate director must
cast all votes in person at t�e Board meetings.
Section 6. A majority of the votes attributable to the parties constitutes a quorum of the
Board.
Section 7. The Board by simple majority vote may designate ex-officio member(s) who
are recommended by each city's Coalition for Youth and Youth Council as appropriate
candidates to serve. These ex-officio members shall be entitled to attend and participate in the
meetings as liaisons, but shall not be entitled to vote.
,,I
ARTICLE IV. POWERS AND DUTIES OF THE BOARI)
Section 1. The powers and duties of the Board shall include the powers set forth in this
Article.
Section 2. The Board may appoint a coordinator, who shall perform the duties and
responsibilities assigned by the Board and whose compensation shall be fixed by the Board,
Section 3. The Board may enter in such contracts as necessary to carry out the general
purposes of this organization. No contract on behalf of the orgamza� may be entered into or
executed until the Board has approved such action by simple ity vote. The Board may
authorize any officer or officers, agent ar agents, to enter mto� ��nf� or execute and deliver an
instrument in the name of and on behalf of the organization
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Section 4. The Board may establish an annual budget. It may mves�.� reinvest funds not
needed for current operating expenses, if any, in the manner applicable by laws xhe city of its
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office location. It shall not at any time incur obligations in excess of funds then a`vailable to it.
Organization funds may be expended b�,the Board in accordance with procedure established by
laws for the expenditure of funds by th�;� ��a� city. Orders, checks, and drafts shall be signed
by the chair and countersigned by the v���chair� h legal instruments shall be executed on
behalf of the Board by the chair and vice ch���
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Section 5. The Board shall make a fin�z�ial accounting and report to the parties at least
once each year and its books and records shall be �udited annually and be available for and open
to examination by the parties at all reasonable time�,
S��t�c��a� �;�he Board may accept gifts, apply for and use grants of money or other
prope ��rom the Sta#����f Minnesota, Hennepin County, or any other governmental or private
orgam���ons, and may en����nto agreements required in connection therewith and may hold, use
and dispo��'��� such momes���,property in accordance with the terms of the gift, grant, loan, or
agreement rela#���_thereto
Section 7�����ar�l may indemnify directors, officers, and employees against claims for
damages, costs, and e��enses incurred by any of such persons in connection with any action, suit
or proceeding in which he or she may be involved by reason of his or her having been a director,
officer, or employee and may obtain liability insurance therefore. Such indemnification need not
be exclusive of other rights to which any such person would otherwise be entitled as a matter of
law.
Section 8. The Board may appoint such committees as it deems necessary. The
comrnittees so appointed may include non-Board members, but must include at least one member
of The Board.
Section 9. The Board shall have the power to adopt such by-laws that it may deem
necessary or desirable for the conduct of the business of The Board. Such by-laws shall be
consistent with this Agreement and any applicable laws or regulations.
Section 10. The Board may hold only such property as may be required to accomplish
the purposes of this Agreement and upon termination of this Agree���nt, make distriburion of
such property as is provided for in this Agreement.
Section 11. The Board may exercise any other po,�� T� ary and incidental to the
implementation of its powers and duties under the provisions �if this A�`gr� ent.
AR.TICLE V. MEETINGS, ELECTIONS, AND DUTIES OF OFFICERS
Section l. The City of Brooklyn Park agrees to convene the organizational meetings of
The Alliance and act as the fiscal agent�,unless otherwise specified by the Board.
Section 2. At the first meetmg t� 't� �ra�rd of Directors of The Alliance, the Board shall
elect from its members a chair and vice cl���r or co����� The new officers shall take office for a
period of one year after the date on which��.e�y a��lectet�� officer may serve only while a
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member of The Board. A vacancy in an office ��a�11 be filled from the membership of The Board
by election for the remainder of the unexpired ��=;�or such office. The Board shall also appoint
a secretary to record notes at the meeting and d��tribute those minutes to all the members
followmg����
�*�ction 3. A�� organizational meeting, or as soon thereafter as may rcasonably bc
done, oard shall deter� e its procedures, including the time, place, frequency, and notice of
r�� s.
its regular ings and the i��uier of calling special meetings.
Section A vac� �y shall immediately occur in the office of any officer upon
resignation or de �-c�r ���erwise upon such officer ceasing to be a representative of a
overnmental unit. U"�d�n vacanc occurrin in an office, the Board shall fill such position at its
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next meeting.
WAL
L VI. WITI�DRA
ARTIC E D
Section 1. Any member party may at any time give written notice of withdrawal from
The Alliance. A party withdrawing from membership at a time when such withdrawal does not
result in dissolution of the organization shall forfeit its claim to any assets of the organization.
ARTICLE VII. DISSOLUTION
Section 1. The organization shall be dissolved whenever (a) aggregate withdrawals of
member parties representing more than one-half of the area population occurs, ar (b} by a
majority vote of all members of the Board.
Section 2. Upon dissolution, the remaining assets of the organization, after payment of
all obligations, shall be distributed among the parties as determined by the Board.
ARTICLE VIII. DURATION
This Agreement shali continue in effect for a period of two years unless an Agreement
extension is agreed upon by the parties.
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ARTICLE IX. EFFECTIVE DATE.
This Agreement shall become effective upan exec� ��"by the parties hereto.
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