HomeMy WebLinkAbout2007 10-08 CCP Regular Session AGENDA
CITY COUNCIL STUDY SESSION
October 8, 2007
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
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TL7TAL P. �2
CITY COUNCIL MEETING
City of Brooklyn Center
October 8, 2007 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 24, 2007 Study Session
2. September 24, 2007 Regular Session
3. September 24, 2007 Work Session
4. October 1, 2007 Special Session
b. Licenses
8. Presentations/Proclamations/Recognitions/Donations
a. Resolution Expressing Appreciation for the Donation from the Brooklyn Center
American Legion Post 630
9. Public Hearing
None
i
CITY COUNCIL AGENDA -2- October 8, 2007
10. Planning Commission Items
a. An Ordinance Amending Chapter 35 of the City Code of Ordinances Regarding
Alternative Learning Center
•Requested Council Action:
—Motion to approve first reading of ordinance and set second reading and
Public Hearing for November 12, 2007.
11. Council Consideration Items
a. Resolution Establishing 2008 Street and Storm Drainage Special Assessment Rates
•Requested Council Action:
—Motion to adopt resolution.
b. Resolution Accepting Bid and Awarding a Contract, Improvement Project No. 2007-
17, Kylawn Park Improvements
•Requested Council Action:
—Motion to adopt resolution.
c. Reschedule Budget Work Session (Enterprise Funds) with Financial Commission
from October 15 to October 29, 2007, at 6:00 p.m.
•Requested Council Action:
—Motion to reschedule Budget Work Session (Enterprise Funds) with
Financial Commission from October 15 to October 29, 2007, at 6:00 p.m. in
the City Hall Council/Commission Conference Room
12. Adjournment
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Office of the City Clerk
City of Brooklyn Center
A Millennium Com
muntty
MEMORANDUM
TO: Curt Boganey, City Manager
FROM: Camille Worley, Deputy City Clerk C(�
DATE: October 8, 2007
SUBJECT: COLTNCILMEMBER O'CONNOR: Requested Change to Minutes
Councilmember O'Connor requested the following change to the Special Session minutes of
October 1, 2007:
Mr. LeFevere discussed the action and consideration needed by the City Council. He suggested
that the Council set a briefing schedule. r °aa;*;��°' �aa°a ;a°��°
(�eex� indicates matter to be deleted, underline indicates new matter.)
6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Num,ber
Brooklyn Center, MN 55430-2199 (763) 569-3400
City Hall TDD Number (763) 569-3300 FAX (763) 569-3434
FAX (763) 569-3494
w w w. cityo f brooklyncenter. org
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L� y'`� .S` C�o 1r 4 n�/►
Mr. Clelland presented Patrol Officer Terry Olson as a witness and questioned him on the deta.ils of
the case.
Patrol Officer Terry Olson was cross examined by Mr. Baer.
The City Council recessed at 9:40 p.m. and reconvened at 9:50 p.m.
Mayor Willson discussed procedure and stated that per City Council policy the meeting should
adjourn at 11:00 p.m. unless action is taken to extend the meeting.
Building Official Larry Martin was swom in by Deputy City Clerk Camille Worley.
Mr. Clelland presented Building Official Larry Martin as a witness and questioned him on the details
of the case.
Building Official Larry Martin was cross examined by Mr. Baer.
Mr. Clelland stated City Staff rests.
Mr. Baer stated there is no evidence in the record that identifies the charges made against the client
presented here tonight. He stated the City has failed to introduce any evidence of notice provided to
the client that identifies what would be presented tonight. He submitted that it be dismissed.
Mr. Baer presented Mr. Busch, 2016 Bailey Heights Dr. S W, Rochester as a witness.
Mr. Busch was sworn in by Deputy City Clerk Camille Worley.
Mr. Baer questioned Mr. Busch on the details of the case.
Mr. Busch was cross examined by Mr. Clelland.
It was the majority consensus of the City Council to proceed past 11:00 p.m.
Mr. Baer presented Properiy Manager Patricia Todd 3907 65�' Ave N, Apt 30 as a witness.
Mr. Clelland stated he had no questions for Ms. Todd.
Mr. Baer stated he had no further witnesses.
Mr. LeFevere discussed the action and consideration needed by the City Council. He suggested that
the Council set a briefing schedule�F f�*�a+; �d,� o+ a
It was noted that the transcript of the meeting would be made available to all parties involved and
entered into the record.
It was the majority consensus of the City Council for briefs from both parties to be received by the
close of business on October 16, 2007 and to set October 23, 2007 as the date for reply of briefs.
It was noted that there were nine respondent e�ibits and a tenth e�ibit which is the agenda packet
of the meeting.
10/O1/07 -3- 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
STUDY SESSION
SEPTEMBER 24, 2007
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, Public Works Director/City Engineer Todd
Blomstrom, Director of Fiscal Support Services Dan Jordet, Community Development Director
Gary Eitel, and Deputy City Clerk Camille Worley.
CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS
There was discussion on the email received from Housing Commissioner Steve Landis outlining
concerns for lack of Housing Commission consideration items and asked that it be discussed during
the Work Session. It was suggested that the City Council discuss the concerns and come to a
consensus on a direction for the Housing Commission.
There was discussion on Item No. 11 e. regarding the payment portion of the proposed City Credit
Card Use Policy as it relates to the payment in full of the credit cards each month. There was
discussion on the State Auditor's recommendations regarding credit card use and how it differs from
the proposed policy. Mr. Boganey stated the intent of the proposed policy is the same as the intent of
the suggestions of the State Auditor.
Councilmember Ryan discussed the resolution for Liberians, risks of deportation, and the effect on
the City and suggested that the resolution be tabled until it is more appropriate, given the recent
Congressional decisions on the matter.
Mr. Boganey suggested that the motion be made to either remove the item from the agenda or table it
with a specific time to address it. It was the majority consensus of the City Council to table the item
for consideration in six months.
The opinion was expressed that the item should be deleted from the agenda and returned by
Councilmember Ryan when appropriate.
Councilmember Ryan discussed why the issue was raised and its importance.
09/24/07 -1- DRAFT
MISCELLANEOUS
The discussion continued on the email from Housing Commissioner Steve Landis who discussed
concerns of the Housing Commission's lack of direction and lack of items with substance to discuss.
There was discussion on the frequency of Housing Commission meetings and future items for its
consideration.
Mr. Boganey discussed the Rental Housing Strategy and explained goals of the different focus
groups. He stated the Housing Commission could determine strategies to assist in reaching the goals
stated in the Rental Housing Strategy plan.
There was a discussion on holding a joint meeting with the Housing Commission to discuss its
concerns.
Councilmember Lasman stated the Crime Prevention Program is sponsoring a fundraiser by selling
hotdogs and brats at Cub Foods on October 20-21. She requested that someone cover the shift she
volunteered for because she will be out of town. Mayor Willson volunteered to cover the shift at the
Crime Prevention Program fundraiser.
Councilmember Lasman stated the North Hennepin Area Chamber of Commerce Resources Guide is
now available and distributed a copy to each Council Member.
ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL
Councilmember Lasman moved and Councilmember Ryan seconded to close the Study Session at
6:44 p.m.
Motion passed unanimously.
RECONVENE STUDY SESSION
Councilmember Lasman moved and Councilmember Ryan seconded to reconvene the Study Session
at 6:48 p.m.
Motion passed unanimously.
DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS
CITY MANAGER'S PERFORMANCE REVIEW PROCESS
Mr. Boganey explained that he does not have documentation for the City Council to review at this
time and stated he will continue to work on the Performance Review Process.
SHINGLE CREEK WATERSHED IMPLEMENTATION PLAN UPDATE
Public Works DirectoriCity Engineer Todd Blomstrom discussed the letter and the report distributed
to the City Council regarding the Shingle Creek Watershed Implementation Plan Update. He
09/24/07 -2- DRAFT
I
discussed the history of the plan and amendments. He discussed the draw down of the lakes and the
materials causing a high phosphorus reading.
ADJOURNMENT
Councilmember Yelich moved and Councilmember O'Connor seconded to close the Study Session at
6:59 p.m.
Motion passed unanimously.
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i
09/24/07 -3- DRAFT
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
REGULAR SESSION
SEPTEMBER 24, 2007
CITY HALL COUNCIL CHAMBERS
1. INFORMAL OPEN FORUM WITH CITY COUNCIL
CALL TO ORDER INFORMAL OPEN FORUM
The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Tim
Willson at 6:45 p.m.
ROLL CALL
Mayor Tim Willson and Councilmembers Kay Lasman, Mary O'Connor, Dan Ryan, and Mark
Yelich. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Todd
Blomstrom, Community Development Director Gary Eitel, City Attorney Charlie LeFevere, and
Deputy City Clerk Camille Worley.
Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum.
No one addressed the City Council.
Councilmember Lasman moved and Councilmember Ryan seconded to close the Informal Open
Forum at 6:47 p.m.
Motion passed unanimously.
2. INVOCATION
Councilmember O'Connor offered a moment of silence as the Invocation.
3. CALL TO ORDER REGULAR BUSINESS MEETING
The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at
7:01 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, Public Works Director/City Engineer Todd
Blomstrom, Community Development Director Gary Eitel, City Attorney Charlie LeFevere, and
Deputy City Clerk Camille Worley.
5. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
09/24/07 -1- DRAFT
6. COUNCIL REPORT
Councilmember Ryan reported attending the Housing Commission meeting on September 18, 2007,
where a report was presented by staff regarding efforts in code enforcement and housing code
policies. He commended the Housing Commission for their dedication. He reported attending a
meeting related to nuisances and code violations due to an all night neighborhood convenience store.
He reported attending the ISAIAH Group meeting at St. Alphonsus Catholic Church on September
22, 2007, who are attempting to address various challenges in Brooklyn Center and Brooklyn Park.
Councilmember Lasman reported attending the ISAIAH Group meeting at St. Alphonsus Catholic
Church on September 22, 2007. She reported attending the Crime Prevention Program meeting on
September 19, 2007, and announced a fundraiser at Cub Foods on October 20-21. She reported
attending the North Hennepin Area Chamber of Commerce Expo on September 22, 2007.
Councilmember Yelich reported attending a session of the New Americans Academy where
Assistant to the City Manager Vickie Schleuning provided a presentation in which he complimented
her on.
Councilmember O'Connor stated she received a handout from the Police Department which
described a problem with young people attempting to get money from residents. She stated concern
for the matter, however stated she had not been approached. She reported attending the Earle Brown
Days Board of Directors meeting on September 18, 2007. She reported attending the Park and
Recreation Commission meeting on September 18, 2007, where the teen program, online
registration, and trail improvements were discussed. She reported attending the Cable Commission
meeting where federal requirements regarding digital televisions were discussed.
Mayor Willson reported attending the Park and Recreation Commission meeting on September 18,
2007. He reported attending the meeting related to nuisances and code violations due to an all night
neighborhood convenience store where it was nice to see the neighborhood come together to address
the matter. He reported attending the ISAIAH Group meeting at St. Alphonsus Catholic Church on
September 22, 2007.
7. APPROVAL OF AGENDA AND CONSENT AGENDA
Councilmember Lasman moved and Councilmember Yelich seconded to approve the Agenda and
Consent Agenda, and the following consent items were approved:
7a. APPROVAL OF MINUTES
1. September 10, 2007 Study Session
2. September 10, 2007 Regular Session
3. September 10, 2007 Work Session
7b. LICENSES
MECHANICAL
Major Mechanical Inc 11201 86�' Ave N, Maple Grove
Facilitech 7807 Creekridge Circle, Minneapolis
09/24/07 -2- DRAFT
7c. APPROVAL OF APPLICATION AND PERMIT FOR A TEMPORARY ON-
SALE LIQUOR LICENSE SUBMITTED BY ST. ALPHONSUS CHURCH,
7025 HALIFAX AVENUE NORTH, FOR AN EVENT TO BE HELD
NOVEMBER 17, 2007
Motion passed unanimously.
8. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS
None
9. PUBLIC HEARING
9a. ORDINANCE NO. 2007-08 VACATING CERTAIN DRAINAGE AND UTILITY
EASEMENTS WITHIN THE PLAT OF BROOKLYN FARM, HENNEPIN COUNTY,
MINNESOTA
Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed
ordinance.
Councilmember Lasman moved and Councilmember Ryan seconded to open the Public Hearing.
Motion passed unanimously.
No one wished to address the City CounciL
Councilmember Lasman moved and Councilmember Yelich seconded to close the Public Hearing.
Motion passed unanimously.
Councilmember Lasman moved and Councilmember Ryan seconded to adopt ORDINANCE NO.
2007-08 Vacating Certain Drainage and Utility Easements within the plat of BROOKLYN FARM,
Hennepin County, Minnesota.
Public Works Director/City Engineer Todd Blomstrom discussed the pond expansion, plat design,
and pond maintenance once the hotel is constructed.
Motion passed unanimously.
10. PLANNING COMMISSION ITEMS
None
11. COUNCIL CONSIDERATION ITEMS
lla. MAYORAL APPOINTMENT PLANNING COMMISSION
Councilmember Lasman moved and Councilmember O'Connor seconded to ratify Mayoral
nomination of Stan Leino, 7 T 18 France Ave N, to the Planning Commission.
Motion passed unanimously.
09/24/07 -3- DRAFT
Stan Leino introduced himself and stated he hopes to contribute to the Planning Commission.
llb. RESOLUTION CALLING FOR THE CREATION OF A PATH TOWARD LAWFUL
PERMANENT RESIDENT STATUS FOR LIBERIANS CURRENTLY PROTECTED
BY TEMPORARY PROTECTED STATUS AND FOR THE EXTENSION OF
TEMPORARY PROTECTED STATUS UNTIL SUCH A PERMANENT SOLUTION
IS ENACTED
Councilmember Ryan discussed the deportation of Liberians and the effects of those deportations on
the City of Brooklyn Center. He suggested that the resolution be tabled until the March 24, 2008,
City Council meeting.
The opinion was expressed that the City Council should not be spending time on the matter.
Councilmember Ryan moved and Councilmember Lasman seconded to table the Resolution Calling
for the Creation of a Path Toward Lawful Permanent Resident Status for Liberians Currently
Protected by Temporary Protected Status and for the Extension of Temporary Protected Status Until
Such a Permanent Solution is Enacted until the March 24, 2008, City Council meeting.
Councilmember O'Connor voted against the same. Motion passed.
llc. RESOLUTION NO. 2007-126 DECLARING A PUBLIC NUISANCE AND
ORDERING THE REMOVAL OF DISEASED TREES
Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed
resolution.
Councilmember Lasman moved and Councilmember Yelich seconded to adopt RESOLUTION NO.
2007-126 Declaring a Public Nuisance and Ordering the Removal of Diseased Trees.
Councilmember O'Connor voted against the same. Motion passed.
lld. DECERTIFICATION OF ASSESSMENT
1. RESOLUTION NO. 2007-127 RESCINDING ASSESSMENT OF UNPAID
UTILITIES AND DELINQUENT WEED REMOVAL COSTS TO 5546
EMERSON AVENUE NORTH
2. RESOLUTION NO. 2007-128 RESCINDING ASSESSMENT OF UNPAID
UTILITIES AND DELINQUENT WEED REMOVAL COSTS TO 5900
XERXES AVENUE NORTH
3. RESOLUTION NO. 2007-129 RESCINDING ASSESSMENT OF UNPAID
UTILITIES AND DELINQUENT WEED REMOVAL COSTS TO 7007
NEWTON AVENUE NORTH
1VIr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed
resolutions.
i
09/24/07 -4- DRAFT
Councilmember Lasman moved and Councilmember Ryan seconded to adopt RESOLUTION NO.
2007-127 Rescinding Assessment of Unpaid Utilities and Delinquent Weed Removal Costs to 5546
Emerson Avenue North.
Motion passed unanimously.
Councilmember O'Connor moved and Councilmember Ryan seconded to adopt RESOLUTION NO.
2007-128 Rescinding Assessment of Unpaid Utilities and Delinquent Weed Removal Costs to 5900
Xe�es Avenue North.
Motion passed unanimously.
Councilmember Yelich moved and Councilmember O'Connor seconded to adopt RESOLUTION
NO. 2007-129 Rescinding Assessment of Unpaid Utilities and Delinquent Weed Removal Costs to
7007 Newton Avenue North.
Motion passed unanimously.
lle. RESOLUTION NO. 2007-130 APPROVING A CREDIT CARD USE POLICY
Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed
resolution.
The use of credit cards was discussed along with the limitations of purchasing and the limited
number of employees who will be issued credit cards.
Councilmember Lasman moved and Councilmember Ryan seconded to adopt RESOLUTION NO.
2007-130 Approving a Credit Card Use Policy.
Councilmember O'Connor voted against the same. Motion passed.
12. ADJOURNMENT
Councilmember Lasman moved and Councilmember Yelich seconded adjournment of the City
Council meeting at 7:43 p.m.
Motion passed unanimously.
09/24/07 -5- DRAFT
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC
DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER
IN THE COUNTY OF HENNEPIN AND
THE STATE OF MINNESOTA
WORK SESSION
SEPTEMBER 24, 200'7
CITY HALL COUNCIL CHAMBERS
CALL TO ORDER
The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work
Session called to order by Mayor/President Tim Willson at 7:54 p.m.
ROLL CALL
Mayor/President Tim Willson and Councilmembers/Commissioners Kay Lasman, Mary
O'Connor, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Public
Works Director/City Engineer Todd Blomstrom, Community Development Director Gary Eitel,
and Deputy City Clerk Camille Worley.
SHINGLE CREEK WATERSHED IMPLEMENTATION PLAN UPDATE
This item was continued from the Study Session.
Public Works Director/City Engineer Todd Blomstrom discussed the effects of phosphorus in the
lakes along with methods used to reduce the amount of phosphorus and other harmful agents in
the water.
Support was expressed for the proposed TMDLs Implementation Plan mandated by the MPCA
along with direction that the Watershed Commission should proceed while not exceeding the
cap.
The opinion was expressed that the proposed TMDLs Implementation Plan is too expensive,
too difficult to accomplish, and the Watershed Commission should not spend money this way.
MISCELLANEOUS
The discussion continued regarding the concerns of the Housing Commission.
There was a discussion on holding a joinf ineeting with the Housing Commission later in the year
or in the beginning of next year when there is more information to discuss, particularly regarding
rental housing strategies.
There was discussion on the frequency of the Housing Commission meetings as it relates to the
lack of discussion items.
City Manager Curt Boganey discussed the rental housing strategies being discussed by various
focus groups. He explained that after the strategies are determined, success indicators will be
developed, and then small action teams will be formed and will develop specific actions
M responding to objectives and the success indicators. He stated those teams will report back on
09/24/07 -1- DRAFT
their findings. He stated the rental housing strategies will not be complete for at least a month.
He stated specific recommendations will be provided to the City Council by January 2008.
It was recommended that the Housing Commissioners consider applying for openings on other
commissions within the City.
Mr. Boganey discussed a potential project for the Housing Commission to provide
recommendations on an explanation of the ordinance related to off-street parking.
Councilmember Ryan stated he will communicate with the Housing Commission and explain
that there is not anything to consider at this time and realistically it will be January 2008 before
there is a significant consideration item.
A request was made that the City Council receive minutes from all commission meetings via
emaiL
ADJOURNMENT
Councilmember/Commissioner Lasman moved and Councilmember/Commissioner Ryan
seconded adjournment of the City Council/Economic Development Authority Work Session at
8:46 p.m.
Motion passed unanimously.
09/24/07 -2- 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 CITY COUNCIL MEETING
OCTOBER l, 2007
CITY HALL COUNCIL CHAMBERS
1. CALL TO ORDER REGULAR BUSINESS MEETING
The Brooklyn Center City Council met in Special Session called to order by Mayor Tim Willson at
6:01 p.m.
2. ROLL CALL
Mayor Tim Willson and Councilmembers Mary O'Connor, Dan Ryan, and Mark Yelich. Also
present were City Manager Curt Boganey, Community Development Director Gary Eitel, Building
Official Larry Martin, Police Lieutenant Kevin Benner, Patrol Officer Terry Olson, Prosecuting
Attorney Bill Clelland, City Attorney Charlie LeFevere, and Deputy City Clerk Camille Worley.
Councilmember Lasman was absent and excused.
3. HEARING FOR BROOKLYN CENTER LEASED HOUSING ASSOCIATES, LLC
—CENTER POINTE APARTMENTS, 2802-2834, 2900-2940 NORTHWAY DR
City Manager Curt Boganey discussed the purpose and the process of the hearing.
City Attorney Charlie LeFevere noted appearances of the City's Prosecuting Attorney Bill Clelland,
Brooklyn Center Leased Housing Associates, LLC Attorney Norman Baer, and Court Reporter
Elizabeth Gangl. He discussed the requirements of the City Code of Ordinances and the sanctions
allowed within. He stated the City Council decision should be based only on the information and
evidence presented at this hearing. He stated if unable to complete, the hearing may be continued
until a further date. He discussed the proper order of proceedings.
Brooklyn Center Leased Housing Associates, LLC Attorney Norman Baer stated they have filed
objections with the City Council regarding proper notice of the grounds for the hearing.
Councilmember Yelich moved and Councilmember Ryan seconded to accept the objection as part of
the record and proceed with the hearing.
Councilmember O'Connor voted against the same. Motion passed.
Prosecuting Attorney Bill Clelland discussed the reason for the hearing being that the Jaweed's did
not operate the premises within the law. He discussed the information distributed to the City
Council and the pieces of evidence that will be presented. He staxed the evidence will show that the
Police Department and City Staff have adequately informed the property owner of the violations of
City code and state law. He discussed the meeting held by the City Manager with Hyder Jaweed and
stated that in that meeting the City Manager and Department Heads advised Mr. Jaweed of the
seriousness of the violations. He discussed the specific items of code violations. He discussed the
10/O 1 /07 -1- DRAFT
number of calls for service and the crime statistics on the property. He discussed the non payment of
City utilities and taxes and the amount of delinquency. He discussed the non-payment of natural gas
through CenterPoint Energy. He discussed other financial failures of the Jaweed's and the effects on
the City. He discussed the revocation of rental licenses held by the Jaweed's in the City of
Minneapolis and City of Robbinsdale.
Mr. Baer stated the objections filed were not for the purpose of delaying the process, however to
make sure the process was handled correctly. He stated the City, under the Ordinance, has an
obligation to provide due notice of hearing and reasons for the hearing. He stated copies of the
evidence were not provided by Mr. Clelland. He stated his client was not given enough time to
gather information to defend the allegations. He stated objection to the focus of previous violations
and stated the present condition of the complex should be considered rather than the previous
condition of the complex. He discussed repercussions of revocation of the rental license and stated
revocation will only deteriorate the property further. He requested that the City Council table the
item until the defense has had time to review all the evidence.
Police Lieutenant Kevin Benner was sworn in by Deputy City Clerk Camille Worley.
Mr. Baer objected to the video footage of the complex that is to be presented due to the absence of
those officers seen and heard in the footage and lack for cross examination of those officers. He
stated the videotape was obtained illegally.
Mr. Clelland explained that the ordinance allows the right of entry for City inspectors because the
holder of said license consents to inspection and if they wish to object to inspection, the applicant
must withdraw the consent of inspection.
Mr. Baer stated the inspection was not done on a scheduled basis as the ordinance dictates and
should not be allowed.
Lieutenant Benner presented videotapes showing the conditions of the complex on April 12, 2007,
May 10, 2007, and June 22, 2007 to the City Council, staff and audience.
Mr. Baer renewed his objection because those in the video are not present for cross examination.
Mr. Clelland presented Lieutenant Benner as a witness and questioned him on the details of the case.
Criminal char
es of the ro e owners were i h r Mr B r
d scussed w e e ae ob'ected to the
g P P �1' J
consideration of criminal charges.
Councilmember O'Connor stated the criminal charges should be not be considered as evidence.
Mr. Clelland continued to question Lieutenant Benner on the evidence of the case.
The Ci Council recessed at 7:45 .m. an r
ty p d econvened at 7:56 p.m.
Lieutenant Benner was cross examined b Mr. Baer.
Y
Patrol Officer Terry Olson was sworn in by Deputy City Clerk Camille Worley.
10/O 1 /07 -2- DRAFT
Mr. Clelland presented Patrol Officer Terry Olson as a witness and questioned him on the details of
the case.
Patrol Officer Terry Olson was cross examined by Mr. Baer.
The City Council recessed at 9:40 p.m. and reconvened at 9:50 p.m.
Mayor Willson discussed procedure and stated that per City Council policy the meeting should
adjourn at 11:00 p.m. unless action is taken to extend the meeting.
Building Official Larry Martin was sworn in by Deputy City Clerk Camille Worley.
Mr. Clelland presented Building Official Larry Martin as a witness and questioned him on the details
of the case.
Building Official Larry Martin was cross examined by Mr. Baer.
Mr. Clelland stated City Staff rests.
Mr. Baer stated there is no evidence in the record that identifies the charges made against the client
presented here tonight. He stated the City has failed to introduce any evidence of notice provided to
the client that identifies what would be presented tonight. He submitted that it be dismissed.
Mr. Baer resented Mr. Bu B'
p sch, 2016 aile Hei hts Dr. SW, Rochester as a witness.
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S Mr. Busch was sworn in by Deputy City Clerk Camille Worley.
Mr. Baer questioned Mr. Busch on the details of the case.
Mr. Busch was cross examined by Mr. Clelland.
It was the majority consensus of the City Council to proceed past 11:00 p.m.
Mr. Baer presented Property Manager Patricia Todd 3907 65�' Ave N, Apt 30 as a witness.
Mr. Clelland stated he had no questions far Ms. Todd.
Mr. Baer staxed he had no further wimesses.
Mr. LeFevere discussed the action and consideration needed by the City Council. He suggested that
the Council set a briefing schedule for additional information to be added to the evidence presented.
It was noted that the transcript of the meeting would be made available to all parties involved and
entered into the record.
It was the majority consensus of the City Council for briefs from both parties to be received by the
close of business on October 16, 2007 and to set October 23, 2007 as the date for reply of briefs.
It was noted that there were nine respondent e�chibits and a tenth e�ibit which is the agenda packet
of the meeting.
10/O 1 /07 -3- DRAFT
12. ADJOURNMENT
Councilmember Yelich moved and Councilmember Ryan seconded adjournment of the City Council
meeting at 11:32 p.m.
Motion passed unanimously.
10/O l /07 -4- DRAFT
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COUNCIL ITEM MEMORANDUM
TO: Curt Boganey, City Manager
FROM: Sharon Knutson, City Clerk
DATE: October 2, 2007
SUBJECT: Licenses for Council Approval
Recommendation:
I recommend that the City Council approve the following list of licenses at its October 8, 2007,
meeting.
Background:
The following businesses/persons have applied for City licenses as noted. Each business/person
has fulfilled the requirernents of the City Ordinance governing respective licenses, submitted
appropriate applications, and paid proper fees.
COMMERCIAL KENNEL
Brooklyn Pet Hospital 4902 France Ave N
Brooklyn Pet Hospital 49Q0 France Ave N
Gentle Touch Animal Sanc 4900 France Ave N
�'Y
LIOUOR CLASS D ON-SALE INTOXICATING� SUNDAY. AND 2 A.M.
Oak City 2590 Freeway Blvd
{former location of TGI Friday's; proposed opening date is mid-December 2007)
MECHA1vICAL LICENSES
Gilbert Mechanical Contractors, Inc. 4451 West 76�' St, Edina
Improved Heating Cooling Inc. 9110 Prairie St, Elko
Optimum Mechanical Systems 3030 Centerville Rd, Little Canada
i
MOTOR VEHICLE DEALE
RSHIP
Brookdale Motor Sales, Inc dba Brookdale Pontiac GMC 6800 Brooklyn Blvd
TOBACCO RELATED PRODUCTS
Sankhar Forex, Inc 5808 Xerxes Ave N
RENTAL
See Attached
Budget Issues:
There are no budget issues to consider.
I�±�nt�� Licertses G�ur����,�p�►r��rat �►t�;t�ctc��i+�r 2��1�
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1-distubance, 2 sex crimes, 1 theft
370147th Ave 1 bldg, 11 units Renewal Drew Kabanuk .36 total per 12-913 ordinance OK OK
3700 55th Ave N Single Family Renewal Ronald Sonnek Inone per 12-911 ordinance OK OK l
509 61st Ave N Single Family Renewal Tim Daniel �1-disturbing per 12-911 ordinance OK OK
507 69th Ave
(group home) Single Family Renewal Outreach SixAcres Inc none per 12-911 ordinance OK OK
6801 Fremont PI N Single Family Renewal Olamiyi Kuku �none per 12-911 ordinance OK OK
5400 Irving Ave N Single Family Renewal Paul Choua Vue �none per 12-911 ordinance OK OK
5801 Knox Ave Single Family Renewal David A. Trepanier �none per 12-911 ordinance OK OK
4204 Lakebreeze Ave N 1 bldg, 4 units Renewal Donald Nieken �2 disturbances per 12-911 ordinance OK OK
5329 Queen Ave N 1 bldg, 2 units Renewal Alvin Stachowski �none per 12-911 ordinance OK OK
7013 Regent Ave N Single Family Renewal Dang Yang �none per 12-911 ordinance OK OK
6845 Willow Ln Single Family Renewal David Wagtskjold �none per 12-911 ordinance OK OK
6006 Zenith Ave N Single Family Renewal Keith H. McConmell �none per 12-911 ordinance I OK I OK
6807 Humboldt Ave C103 Single Family Initial Terrill Griffin �none per 12-911 ordinance OK OK
6807 Humboldt Ave C104 Singte Family Initial Terrill Griffin �none per 12-911 ordinance OK OK
5909 June Ave N Two Family Initial Janine Atchison �none per 12-911 ordinance OK OK
6605 Xerxes PI N Single Family Initial Ryan Bernard Inone per 12-911 ordinance OK OK i
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COUNCIL ITEM MEMORANDUM
TO: Curt Boganey, City Manager
FROM: Todd Blomstrom, Director of Public Works 'I''�
DATE: October 4, 2007
SUBJECT: Resolution Expressing Appreciation for a Donation from the Brooklyn
Center American Legion Post 630
Recommendatian:
Public Works staff recommends that the Brooklyn Center Ciry Council consider the attached
resolution expressing appreciation for a donation from the Brooklyn Center American Legion
Post 630.
Background:
'n the amount of 2 700 to the
The American Le ion Post 630 has offered a donation i
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City of Brooklyn Center for the purchase of a defibrillator unit at the Public Works
Maintenance Facility. The donation is sufficient to cover the cost to purchase and install
a high quality defibrillator unit. This equipment would be installed at a fixed location
within the maintenance building.
Budget Issues:
Staff recommends that the City accept the donation and direct the deposit of this contribution
to the Central Garage Fund to allow the purchase of a defibrillator unit.
Kylawn Park Building Improvements
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION EXPRESSING APPRECIATION FOR A DONATION FROM THE
BROOKLYN CENTER AMERICAN LEGION POST 630
WHEREAS, the Brooklyn Center American Legion has presented to the City a donation
in the amount of two thousand seven hundred dollazs ($2,700) to fund the cost of purchasing and
installing a defibrillator unit at the Public Works Maintenance Facility; and
WHEREAS, the City Council is appreciative of the donation.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn
Center, Minnesota, that the City Council acknowledges the donations with gratitude and appropriates
the dona,tion to the City Initiatives Grant Fund (28600-4359) for future purchase of a defibrillator unit at
the Public Works Maintenance Facility.
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 sarne:
whereupon said resolurion was declared duly passed and adopted.
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COUNCIL ITEM MEMORANDUM
TO: Curt Boganey, City Manager
FROM: Ronald A. Warren Plannin and Zoxun S 'alist
g g P
DATE: October 4, 2007
SUBJECT: An Ordinance Amending Chapter 35 of the City Code of Ordinances Regarding
Alternative Learning Centers.
Recommendation: It is recommended that the City Council consider a first reading on an
ordinance amending Chapter 35 of the City Code of Ordinances Regarding Alternative Learning
Centers, which has been recommended by the Planning Commission.
Background: On the October 8, 2007 City Council agenda is consideration of a first reading on
an ordinance amending Chapter 35 of the City Code of Ordinances Re arding Alternative
g
Learning Centers. This ordinance amendment is recommended by the Planning Commission
following their review as requested by the City Council
The City Council received a written request dated June 1, 2007 from Keith Lester,
Superinten dent o f Sc hoo ls for Broo k lyn Center Sc hoo l District No. 2 8 6, to consi der a l lowing
Altemative Learning Centers in the Gity's Industrial Park district. Specifically, the Schflol
District wanted to lease space in the Palmer Lake Plaza building, 6850, 6860, and 6870 Shingle
Creek Pazkway, to conduct an Alternative Learning Center, which is a non-permitted use in this
district. His written request contained various information and urged the City Council to take
appropriate action to accommodate the request.
The City Council reviewed and discussed this matter at two council work sessions, one on June
25, 2007 and the other on 3uly 9, 20Q7 and referred the matter to the Planning Comrnission to
review, comment and make any recommendations with respect to possible ordinance
amendments that might be relative to the request.
The Planning Commission reviewed this matter during their study sessions on July 26, 2007,
August 30, 2007 and September 27, 2007. Attached aze copies of minutes from those meetings.
In addition to the information provided by Superintendent Lester, the Commission requested
information about how cities listed in the SuperintendenYs letter address Alternative Learning
Centers in their zoning regulations. Staff contacted the City's of Coon Rapids, Osseo, Maple
Grove, Brooklyn Park and Bloomington and reviewed their ordinances and procedures. These
cities address Altemative Learning Centers in a number of ways, but all seem to provide some
sort of regulation or to distinguish them from traditional educational uses. Some cities indicated
that further review of their ordinances were in order relative to educational uses.
The Commission, on September 27, 2007, recommended an ordinance amendment be considered
by the City Council that would allow Alternative Learning Centers in the Commercial and
Industrial Park districts in the same manner as post secondary schools, trade schools and similar
educational uses are currently allowed. Alternative Learning Centers would be al2owed as a
special use in the C-1 (Service/Office), C1A (Service/Office) and I-1 (Industrial Park) zoning
districts and as a permitted use in the C-2 (Commerce) and CC (Central Commerce Overlay
District) zoning district. The proposed ordinance amendment would define an Alternative
Learning Center as a non-traditional, State approved alterna.tive leazning facility for students
between the ages of 15 and 21 yeazs that meet the criteria established in MS124D.68.
Bndget Issues: There are no bndget issues.
I
MIlWTES OF THE PROCEEDINGS OF THE P�G COMNIISSION
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF
HENNEPIN AND THE STATE OF MINNESOTA
STtTDY SESSION
JULY 26, 2007
CALL TO ORDER
The Planning Commission meeting was called to order by Chair Rahn at 7:06 p.m.
ROLL CALL
Chair Sean Rahn, Commissioners Gary Ford, Michael Parks, and Tim Roche were present. Also
present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald
Warren, and Planning Commission Recording Se�retary Rebecca Crass. Commissioners
Rachel Lund and Della Young were absent and excused. Commissioner Boeck was absent and
unexcused.
APPROVAL OF MINUTES JUNE 28. 2007
There was a motion by Commissioner Roche, seconded by Commissioner Ford,
to approve the minutes of tt�e June 28, 2007 meeting as submitted. The motion passed.
CHAIR' S EXPLANATION
Chair Rahn explained the Planning Commission's role as an advisory body. One of the
Cominission's functions is to hold public hearings. In the matters concerned m these hearings,
the Commission makes recommendations to the City Council. The City Council makes a11 final
decisions in these matters.
APPLICATION NO. 2007-013 BRAD SCHUMACHER
Chair Rahn introduced Application No. 2007-013, a request for Site and Building p2an approval
for a six stall gazage at the apartrnent located at 5240 Drew Avenue North. The footprint of the
garage is 30 ft. by 44 ft. or 1,320 sq. f�. Two existing parking spaces will be eliminated. and the
parking lot will be expanded to the south to access the three east facing garage stalls.
Mr. Wazren presented the staff report describing the location of the property and the proposal.
(See Planning Commission Information Sheet dat� 7-26-07, attached.)
Commissioner Roche inquired as to the finished height of the garage. Mr. Warren stated that the
maximum height for an accessory structure is 16 ft. and the plans showed that the garage would
be less than that.
The applicant, Brad Schumacher, addressed the Commission and pointed out where he planned
to plant additional trees on the site.
There was no further discussion regarding the application.
7-26-4?
Page 1
ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2007-Q13 BRAD
SCHUMACHER
There was a motion by Commissioner Roche, seconded by Commissioner Parks, to recommend
to the City Council that it approve Application No. 2007-013, submitted by Brad Schumacher,
for 5ite and Building approval for a six stall garage at the apartment located at 5240 Drew
Avenue North, subject to the following considerations:
1. The building plans are subject to review by the Building Official with respect to
applicable codes prior to the issuance of permits.
2. Grading and drainage plans are subject to review and approval by the City
Engineer prior to the issuance of pernuts.
3. The plans shall be modified in the following manner:
a. The m�imum driveway width for the new driveway onto Drew Avenue
to be no more than 24 ft. wide at the property line.
b. To show the location of the relocated trash enclosure to be pmvided with
an opaque screening device at least 6 ft. high to inclnde a solid screen
gate.
4. The applicant shall obtain a driveway permit from the Engineering Department
for the proposed access onto Drew Avenue North.
Votin in favor: hair Rahn o c.
g C C mmissioners Ford, Parks, and Ro he
The motion passed unanimously.
The Council will consider the application at its August 13, 2007 meeting. The applicant must be
present. Major changes to the applicatian as reviewed by the Planning Commission will require
that the application be returned to the Commission for reconsideration.
OTHER BUSINESS- BROOKLYN CENTER ALTERNATIVE SCHOOL ZONING ISSUES
Mr. Waxren explained that the Braoklyn Center City Council had received a written request from
the Brooklyn Center School District to consider allowing an Alternative Learning Center in the
Industrial Park zoning district located at the Palmer Lake Plaza building located at 6850, 6860
and 6870 Shingle Creek Parkway. Mr. Warren stated that Alternative Leaming Centers are
generally for those students unable to learn in a typical school setting. Mr. Wazren described
details regazding the history of this topic to enable the Commission to possibly recommend an
ordinance amendment relative to this request. He pointed out that the City Council had referred
tbe matter to the Planning Commission for review, comment and recommendation.
Mr. Tom Sclunnick, representing the Brooklyn Center School District, explained that the
Alternative Learning Center is currently housed at the Brooklyn Center High School and they
only have space for SO students but could be serving neazly 100 students. He further stated that
by moving the center into the Industrial Zone it would a11ow them to expand and serve additional
students.
7-26-07
Page 2
i
Mr. Warten clarified to the Commission that their role is to make a decision on how to handle
the request to allow school uses such as an Alternative Learning Center in the Industrial Zone.
He suggested that the Commission clearly define what type of education uses would be allowed
in the commercial and industrial zones when considering this ordinance atnendment since
currently elementary and secondary education uses are not allowed in the commercial or
industrial districts.
Mr. Wairen also stated that the State requires that an altemative learning center must be located
within the boundaries of the school district that is conducting the school and that is why the
Brooklyn Center School District has been unable to rent or lease space for this use in churches or
other azeas in the city that would allow this type of use since they are located within a different
school district.
The Commission came to a consensus that City Staffshould further research this topic to provide
them with additional information regarding a possible ordinance amendment: In particulaz they
requested information on how other communities mentioned in the Superintendent's letter that
are located in cotnmercial areas address location and land use issues.
There was further discussion among the Commission regarding this matter.
Mr. Wazren indicated that he hoped to have this item back on the August study session.
i There was no other business.
ADJOURNMENT
There was a motion by Commissioner Roche, seconded by Commissioner Parks, to adjourn the
Planning Commission meeting. The motion passed unanimously. The meeting adjoumed at
8:40 p.m.
Chair
Recorded and transcribed by:
Rebecca Crass
7-26-07
Page 3
MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF
HENNEPIN AND THE STATE OF MINNESOTA
STLTDY SESSION
AUGUST 30, 2007
CALL TO ORDER
The Planning Commission m�ting was called to order by Chair Rahn at 7:1 lp.m.
ROLL CALL
Chair Sean Rahn and Commissioner Michael Pazks. Also present were Secretary to the Planning
Commission/Planning and Zoning Specialist Ronatd Warren, and Planning Commission
Recording Secretary Rebecca Crass. Commissioners Gary Ford and Rachel Lund and Della
Young were abs�nt and excused. Commissioner Tim Roche �vas absent and unexcused.
APPROVAL OF MINUTES AUGUST 16. 2007
Due to lack of a quorum, approval of the August 16, 2007 Planning Commission minutes was
tabled.
CHAIlt' S EXPLANATION
Chair Rahn explained the Planning Commission's role as an advisory body. One of the
Commission's functions is to hold public hearings. In the matters concerned in these hearings,
the Cammission makes recommendations to the City Council. The City Counc�l makes all final
decisions in these matters.
DISCUSSION ITEM- BROOKLYN CENTER ALTERNATNE SCHOOL ZONING ISSUES
Mr. Wazren reminded the Planning Commission that at their July 26, 2007 meeting, fotlawing
discussivn of Brooklyn Center Alternative School Zoning Issues, the Planning Commission
requested additional information regarding how other communities dealt with Alternative
Learning Centers in their zoning ordinances.
He added that the Brooklyn Center School District has requested consideration to allow an
Altemative Leazxung Center in the Industrial Park zoning district located at the Palmer Lake
Plaza building located at 6850, 6860 and 6870 Shingle Creek Parkway and that Alternative
Learning Centers are generally for those students unable to learn in a typical school setting. He
pointed out that the City Council had referred the matter to the Planning Commission for review,
comment and possibly a recommendation for an ordinance amendment relative to this request.
Mr. Warren reviewe� his findings regazding how other school districts provide appropriate
zoning locations for Alternative Learning Centers within their districts. He explained how some
school districts define these schools to a11ow the use in azeas such as commercial, industrial or as
a special use in a residential area. Mr. Warren added that the Commission should be aware that
if an ordinance amendment is recommended to allow this use, that it would be effe,crive for all
school districts and not just for the Brooklyn Center School District. Therefore, any school
8-30-07
Page I
district that is seeking an Altemative Learning Center within the City of Brooklyn Center would
be allowed to do sa
Chair Rahn asked about the repercussions of allowing a charter school to operate as an
Altemative Leaming Center within the commercial zone. Mr. Warren responded that in his
opinion charter schaols are private elementary or secondary schools and should not be
considered as an Alternative Learning Center.
Mr. Warren suggested that Alternative Leaming Centers should be consider� as adult education,
secondary or trade schools by definition when determining where they should be located under
the use classification in the city ordinances. In that way, Alternative Learning Centers could be
described as the uses mentioned above and be separate from other elementary and secondary
uses.
Chair Rahn voiced his cancern with allowing these uses in commercial retail azeas that would be
better served by allowing retail uses only.
Chair Rahn asked for clarification regazding whether educational uses aze allowed uses or special
uses in the commercial zones. Mr. Warren explained that educational uses are special uses in the
C-1 zone and they are permitted uses in the C-2 zone. He added that educational uses are a
special use in the Industrial Pazk zane.
Commissioner Parks shared some results he obtained from research on the subject of Alternative
Learning Centers and provided written comments. Based on his findings, he stated that it is his
opinion that Alternative Learning Centers be allowed as special uses in commercial and
industrial zoning districts b�ause they aze more similar to post secondary and trade schools than
to the standard secondary schools.
There was fiu�ther discussion among the Commission regarding this matter.
It was the coasensus of those present that staff put together formal language with a definition to
establish Alternative Learning Centers as something other than secondary or elementary uses and
bring it back in the form of an ordinance amendment for the Commission to consider as a
recommendation to the City Council.
There was no other business.
I ADJOLJRNMENT
The meeting adjourned at S:O1 p.m.
Chair
Recorded and transcribed by:
Rebecca Crass
8-30-07
Page 2
MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION
OF TI� CTTY OF BROOKLYN CENTER IN THE COUNTY OF
HENNEPIN AND THE STATE OF MINNESOTA
STUDY SESSION
SEPTEMBER 27, 2007
CALL TO ORDER
The Planning Commission meeting was called to order by Chair Rahn at 7:05 p.m.
ROLL CALL
Chair Sean Rahn and Comnussioner Stan Leino, Michael Parks, Tim Roche and Della Young.
Also present were City Councilmembers Dan Ryan and Mazk Yelich, Secretary to the Planning
Commission/Planning and Zoning Specialist Ronald Warren, and Planning Commission
Recording Secretary Rebecca Crass. Gary Ford and Rachel Lund were absent and excused.
ADMINISTER OATFi OF OFFICE
Mr. Warren administered the Oath of Office to Stan Leino.
APPROVAL OF MINUTES AUGUST 16. 2007 AND AUGUST 30. 2007
There was a motion by Commissioner Roche, seconded by Commissioner Parks, to appmve the
minutes of the August 16, 2007 meeting as submiried. The motion passed. Chair Rahn and
Commissioner Leino absiained as they were not at the meeting.
There was a motion by Commissioner Parks, seconded by Chair Rahn, to approve the minutes of
the August 30, 2007 meeting as submitted. The motion passed. Cornmissioners Leino, Roche
and Young abstained as they were not at the meeting.
CHAIR' S EXPLANATION
Chair Rahn explained the Planning Commission's role as an advisory body. One of the
Commission's functions is to hold public hearings. In the matters concerned in these hearings,
the Commission makes recommendations to the City Council. The City Council makes all final
decisions in these matters.
DISCUSSION ITEM- BROOKLYN CENTER ALTERNATNE SCHOOL ZONIlVG ISSUES
Mr. Warnen stated to the Planning Cornmission that the Brooklyn Center School District had
requested consideration to allow an Alternative Learning Center in the Industrial Park zoning
district specifically at the Palmer Lake Plaza building located at 6850, 6860 and 6870 Shingle
Creek Pazkway. He stated that at the August 30, 2007 Planning Commission meeting, members
of the Planning Commission that were present at that meeting directed staff to prepare an
ordinance amending Chapter 35 to allow Alternative Leaming Centers to he located in the
Commercial or Industrial zoning districts. He reviewed the history of the request by the
Brooktyn Center School District and the results of reseanch conducted by City Staff regarding
this subject.
9-27-07
Page 1
Mr. Warren stated that the current zoning ordinance does not allow K-12 educational uses in the
industrial zone and they aze only allowed in the R1, R2, and RS zones as a special use. This
prohibits school disiricts from establishing Alternative Learning Centers in commercial and
industrial zoning districts.
Mr. Warren explained that this proposed amendment to the zoning ordinaace offered far
consideration would allow Alternative Learning Centers in the C-1 (Service Office) district and
the G2 (Commerce) district as a pemutted use and in the Industrial Park Zone as a special use.
He also explained that this change to the zoning ordinance would allow such a use by any school
district within the City of Brooklyn Center.
Mr. Warren then presented a draft Ordinance Amending Chapter 35 of the City Code of
Ordinance Regarding Alternative i.eaming Centers to the Commission for comment.
Commissioner Roche asked for clarification on the allowable uses in the I-1 (Industrial Park)
zone. Mr. Warren explained how the ordinance cites uses allawed within the I-1 (Industrial
Park) zone including special uses such as the pmposed language to include the addition of
Alternative Lea,rning Centers.
Commissioner Leino asked about the vacancy rate in the Palmer Lake Plaza. Mr. Warren stated
he was unsure as to the vacancy rate and added that the City's concern would be with any use of
the site meeting the minimum parking star►dards.
Commissioner Leino inquired as to any special licenses re�uired by the school district to operate
an Alternative Learning Center. Mr. Warren responded that the State Statute 124D.68 deals with
the graduation incentives program and refers to eligible pupils. He added that the State defines
what pupils are eligible to be serviced under the statute for Alternative Learning Centers.
Mr. Arslan Aziz and Ms. Jean Sorensen representing the Brooklyn Center School District
introduced themselves. Chair Rahn asked for their general reaction.
Mr. Aziz thanked the Commission for reviewing this subject. He explained that there is certain
criteria that students have to meet to be eligible for attendance in the Alternative Learning Center
environment. He added that Altemative Learning Centers are for students that are not successful
in a normal learning environment. This program serves grades 9-12 and helps students looking
to finish their high school education, often serves those whose lives have been disrupted and
allows the student to get back on track to obtain a high school diploma.
Ms. Sorensen stated that she is the assistant principal at Brooklyn Center High School and has
been in education for 14 years. She emphasized that there is not one easy fit for a11 students and
by providing alternative methods for learning creates a greater success for students that do not
survive in the traditional classroom setting. She added that Alternative Learning Center's
provide smaller class size and more hands on learning by the student. Students have to meet
criteria determined by the State in order to attend the Alternative Learning Center and this is a
voluntary program.
9-27-07
Page 2
Chair Rahn asked the school district representatives to explain their rationale for the request.
Ms. Sorensen responded that the Palmer Lake location is close to their schools and school
services and resources can be shared by the Bmoklyn Center High Schoal at this location. She
explained that the demand is high and they cannot provide enough spaces for all the students
wishing to attend the Alternative Leaming Center or the flexibility available by being off site
from the traditional school site.
Commissioner Young asked how the immigrant populadon affects the school.
Ms. Sorensen stated that the studenYs language will need to be assessed first and often English
language classes may first need to be attended at the high school before a student could be
integrated into the Alternative Learning Center. She added that currently there are 58 students
attending Alternative Learning Center classes within the Brooklyn Center High School and
scheduling has become a challenge with the space available.
Commissioner Young asked about a pmjected need regarding the number of students they would
like to serve. Ms. Sorensen responded that currently there is a waiting list of 10-12 students but
they would like to serve up to 100 students.
Commissioner Parks asked what subjects are offered in the Alternative Learning Center
classmom. Mr. Aziz responded that the four core subjects are offered, English, Math Social
Studies and Science and elective teachers fill in for Arts, Speech, Theater and Computers.
There was further discussion among the Commission regazding this matter.
There was a motion made by Commissioner Parks, seconded by Commissioner Young to
recommend to the City Council approval of an Ordinance Amending Chapter 35 of the City
Code of Ordinances Regarding Alternative Learning Centers.
Voting in favor: Chair Rahn, Commissioners -Leino, Parks, Roche and Young. The motion
passed unanimously.
There was no other business.
ADJOiJRNMENT
There was a motion by Commissioner Parks, seconded by Commissioner Leino, to adjourn the
Planning Commission meeting. The motion passed unanimously. The meeting adjourned at
8:12 p.m.
Chair
R�orded and transcribed by:
Rebe.cca Crass
9-27-07
Page 3
i CITY OF BROOKLYN CENTER
N'�otice is hereby given that a public heazing will be held on the day of 2007, at
7;00 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek
P�rkway, to consider an Ordinance Amending Chapter 35 of the City Ordinances Regarding
Alternative Learning Centers
A�uciliary aids for persons with disabilities are available upon request at least 96 hours in
a�vance. Please contact the City Clerk at 763-569-3300 to make �rrangements.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY CODE OF
ORDINANCES REGARDING ALTERNATIVE LEARNIl�TG CENTERS
THE CTTY COUNCII, OF THE CTTY OF BROOKLYN CENTER DOES ORDAIlV AS
FOLLOWS:
Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is
h$re by amended in the following manner.
Section 35-900. DEFINITION5. The language set forth in the text of this
z'ning ordinance shall be interpreted in accordance with the following definition. Words used
i� the present tense shall include the future; words used in the singular include the plural and
pl�ural includes the singulaz.
ALTERNATNE LEARNING CENTER (AL,CI a non-traditional State
annroved alternative leaminQ facilitv for students between the ases of 15 and 21
I, vears that meet the criteria established in M.S. 124D.68.
Section 35-320. Cl ServiceJOffice District.
3. Snecial Uses
d. Educational uses including Alternative Learnins Centecs (ALCI, post
se,condary schools, business schools, trade schools and the like, but
excluding public and private elementary and secondary schools (K-12).
Section 35-322. C2 COIVIlVIERCE DISTRICT.
1. Permitted Uses.
h. Educational uses including Alternative Learning Centers (ALCI, post
secondary schools, business schools, trade schools and the like, but
excluding public and private elementary and secondary schools (K-12).
Section 35-2240. CC CENfRAL COMMERCE OVERLAY DISTRICDT
1
2. The following uses are allowed in the CC Central Commerce Overlay
District:
v. Educational uses including Alternative Learnin� Centers (ALCI, post
secondary schools, business schools, trade schools and the like, but
excluding public and private elementary and secondary schools (K-12).
Section 2. This ordinance shall become effective after adoption and upon thirty
days following its legal publication.
Adopted this day of 2007.
Mayar
ATTEST:
City Clerk
Date of Publication
Effective Date
(Strikeouts indicate matter to be deleted, underline indicates new matter.)
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COUNCIL ITEM MEMORANDUM
TO: Curt Boganey, City Manager
FROM: Todd Blomstrom, Director of Public Works
DATE: October 4, 2007
SUBJECT: Resolution Establishing 2008 Street and Storm Drainage Special
Assessment Rates
Recommendation:
Public Works staff recommends that the Brooklyn Center City Council consider the attached
resolution establishing 2008 street and storm dra.inage special assessment rates for City street
and utiliry improvement projects.
Background:
Each year the City Council establishes assessment rates for Rl, R2, and R3 residential zoned
properties based on the City's Special Assessment Policy. Within these zoning districts, the
assessment rate for street and storm drainage improvements is based on a unit amount that
applies to all single family residential properties. The unit amount represents a specific
portion of the average cost for reconstructing a typical residential street and storm drainage
system. Street assessments for non-residential and R4 to R7 residential properties are
computed separately for each project.
Special assessment rates are typically adjusted each year to reflect normal inflationary
increases in construcrion costs. The City's Special Assessment Policy indicates that, "the
unit assessment shall be adjusted annually to reflect cost of living increases as measured by
the Construction Index". The ENR Construction Cost Index has experienced an annual
increase of 4.7 percent averaged over the past four years (2003-2007). The Consumer Price
Index has experienced an annual increase of 33 percent averaged over the past four years
(2003-2007).
The average per lot cost for street and storm drainage improvements within residential areas
has increased an average of approxirnately 3.1 percent annually between 2003 and 2007.
Local street and utility construction prices have generally trended below the ENR
Construction Cost Index. The Construction Cost Index includes a component of structural
steel that has increased substantially in the past four years. Street and storm drainage
improvements within Brooklyn Center do not involve the use of extensive amounts of steel in
comparison to the majority of other materials used on street projects.
2008 Spectal Assessment Rates
Based on the information above, staff recommends that the special assessment rates be
adjusted by 3.1 percent for 2008. This percentage of rate adjustment should maintain the
portion of street and storm drainage costs that are assessed at approximately 40 percent of the
total cost for street and storm drainage improvements. The City Council has historically
targeted 40 percent as the portion of street and storm drainage improvements that are
assessed to adjoining Rl, R2 and R3 residential properties. In future years, the special
assessment rate may need to be increase by larger amounts closer to the ENR Construction
Cost Index if local bid prices begin to increase at higher rates than past years.
Budget Issues:
An adjustment of 3.1 percent in the special assessment rates would result in an assessment
amount of $3,300 for street improvements and $990 for storm drainage improvements. The
total assessment amount would be $4,290 per R1 single family residential lot in 2008. The
atta,ched resolution provides the corresponding adjustments for R2 and R3 zoned properties
based on the proposed unit assessment rate.
i
2008 Special Assessment Rates
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION ESTABLISHING 2008 STREET AND STORM DRAINAGE
SPECIAL ASSESSMENT RATES
WHEREAS, the residential assessment rates for street and storm drainage improvements
are annually reviewed and approved by the City Council; and
WHEREAS, the residential assessment rates should be adjusted annually to be effective
January 1; and
WHEREAS, the 2008 street and storm drainage assessment rates for R-1, R-2 and R-3
zoned districts are based on a specific proportion of 40 percent of the average cost for street and
storm drainage improvements; and
WHEREAS, the R-4, R-5, R-6 and R-7 zoned districts will continue to be assessed
based on an evaluation of project cost and project benefit.
NOW, THEREFORE, BE IT RESOLVED b the City Council of the City of Brooklyn
Y
Center, Minnesota, that:
1. The residential street and storm drainage special assessrnent rates for street
reconstruction shall apply to properties in R-1, R-2 or R-3 zoned districts. These
rates shall also be applied to parcels of property in other land use zones when such
parcels (a) are being used as one-family or two-family residential sites at the time the
assessment roll is levied; and (b) could not be subdivided under the then-existing
Subdivision Ordinance.
2. The residential assessment rates far street and storm drainage reconstruction effective
January 1, 2008 shall be as follows:
Land Use 2408 Assessment Rates
R-1 zoned, used as one-family $3,300 per lot (street)
site that cannot be subdivided $994 per lot (storm drainage)
I
L
RESO UTION NO.
Land Use 2008 Assessment Rates
R-2 zoned, or used as a two-family $44.00 per front foot with a
site that cannot be subdivided $3,300 per lot minimum (street)
$13.20 per front foot with a
$990 per lot minimum (storm draina.ge)
R-3 zoned (per unit) Assessable fronta�e x$44.00 (street)
Number of units
Assessable fronta�e x 513.20 (storm
Number of units
3. The residential assessment ra.tes for street and storm drainage reconstruction shall not
apply to R-4, R-5, R-6 or R-7 zoned districts. The assessment rates for street
r�;onstruction for R-4, R-5, R-6 or R-7 zoned property shall be based on an
I evaluation of the project cost and the project benefit for each project.
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:
v a ainst the s
and the followin oted ame:
g g
whereupon said resolution was declazed duly passed and adopted.
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COUNCIL ITEM MEMORANDUM
TO: Curt Boganey, City Manager
FROM: Todd Blomstrom, Director of Public Works �1''
DATE: October 4, 2007
SUBJECT: Resolution Accepting Bid and Awarding a Contract, Improvement Project No.
2007-17, Kylawn Park Improvements
Recommendation:
Public Works staff recommends that the Brooklyn Center City Council accept the lowest
responsible bid and award a contract Ebert, Inc. for Improvement Project Nos. 2007-17,
Kylawn Park Improvements based on the bid results provided below.
Background:
Bids for the Kylawn Park Building construction contract were received and opened on
October 2, 2007. The bidding results aze tabulated as follows:
Bidder Base Bid Alterna.te 1 Alternate 2
Ebert, Inc. $197,900.00 -7,607.00 2,089.00
Cobra Construction $229,897.00 $+14,000.00 $+23,000.00
KC Companies $231,157.00 8,800.00 6,800.00
DN.R. Construction $236,491.00 3,434.00 $+14,966.00
Pazkos Construction $247,200.00 5,600.00 $+21,100.00
Greystone $251,610.00 1,925.00 $+11,550.00
American Liberty $254,400.00 -1,100.00 5,000.00
Prestige Builders $276,000.00 -7,000.00 3,000.00
Berg Construction $287,227.00 3,370.00 8,140.00
Graham Penn-Co. $303,640.00 $+11,925.00 $+11,423.00
The Base Bid represents the cost to construct the park building using glu-laminated type
timber roof support beams. Alternate 1 represents the cost adjustrnent to the base bid
amount if the contractor substitutes steel tube-type roof support beams in-place of glu-
laminated timber beams. Alternate 2 represents the cost adjustrnent to the base bid amount
if the building is constructed with 20-ft spacing of the roof columns in comparison to an $-ft
spacing of roof columns included in the base bid and bid Alternate 1.
Of the ten (10) bids received, the lowest bid of $197,900.00 was submitted by Ebert Inc., of
Corcoran, Minnesota. Ebert, Inc. has successfully completed other park shelter buildings
within the City of Broaklyn Center. Staff believes that they are qualified to complete the
Kylawn Park Building.
Kytawn Park Building Contmct Award
City of Braoklyn Center
Recommendation:
Glu-laminat�l type timber roof support beams would add significantly to the aesthetic appeal
and character of the Kylawn Park Building. However, the lowest bidder has offered a$7,b07
price reduction for using steel tube support beams for the building. Park maintenance stafF
inspected similaz buildings within Brooklyn Park that have glu-laminated beams on the outside
portions of the buildings. Staff noted substantial damage to these timber beams from vandalism
such as graffiti and carving initials, messages, etc. within the beams.
Vandalism repairs generally involve painting the beams, which results in the loss of aesthetic
appeal of the exposed grain glu-lazninated beams. Due to the proposed cost savings and
vandalism concerns, sta.ff recommends that the City Council award the project utilizing
Alteznate 1 with steel roof beams.
Budget Issues:
The architect's estimate for the project is $203,100.00 which is within the range of the bids
received for the project. The lowest bid from Ebert, Inc. is approximately 6 percent below
the architect's estimate for the project using the cost deduction provided with Alternate 1.
The attached table provides a summary of the updated total estimated project costs using the
low bid results.
Kylawn Park Building Controct Award
City of Bmoklyn Center
I
Preliminary Cost Estimate
2007 Kylawn Park tmprovements
October 3, 2007
ITEM EST. COST
Asbestos Investigation $560
Asbestos Abaitment $2,975
Building Demolition Contract $2,950
Architectural Services $28,000
Geotechnicai $2,900
Building Construction $190,293
Building Pad Paving $5,500
Tennis Court Removal $800
Exterior Lighting $7,000
Project Estimate $240,978
Construction Contingency $15,000
Total Project Estimate $255,978
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CODE CLASSIFICATION ROOM FINISH SCHEDULE
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Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION ACCEPTING BID AND AWARDING A CONTR.ACT,
IlVIPROVEMENT PROJECT NO. 2007-17, KYLAWN PARK IMPROVEMENTS
WHEREAS, pursuant to an advertisement for bids for Improvement Proj ect No. 2007-
17, bids were received, opened, and tabulated by the City Clerk and Engineer on the 2 day
of October, 2007. Said bids were as follows:
Base Bid Alternate 1 Alternate 2
Ebert, Inc. $197,900.00 -7,607.00 2,089.00
Cobra Construction $229,897.00 $+14,000.00 $+23,000.00
KC Companies $231,157.00 8,800.00 6,800.00
D.N.R. Construction $236,491.00 3,434.00 $+14,966.00
Parkos Construction $247,200.00 5,600.00 $+21,100.00
Greystone $251,610.00 1,925.00 11,550.00
American Liberty $254,400.00 -1,100.00 5,000.00
Prestige Builders $276,000.00 -7,000.00 3,000.00
Berg Construction $287,227.00 3,370.00 8,140.00
Graham Penn-Co. $303,640.00 $+11,925.00 $+11,423.00
WHEREAS, Ebert, Inc. appears to be the lowest responsible bidder.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn
Center, Minnesota, that:
1. The Mayor and City Manager are hereby authorized to enter into a contract
with Ebert, Inc. of Corcoran, Minnesota in the name of the City of Brooklyn
Center; for Improvement Project No. 2007-17, using steel roof beams
proposed with Bid Alternate No. 1. according to the plans and specifications
on file in the office of the City Engineer.
2. The estimated proj ect costs are summarized below and proj ect revenues shall
be derived from the Capital Improvement Fund (40100).
Amended Per
COSTS Estimate Low Bid
Contract 203,100.OQ 190,293.00
Construction Contingency 15,000.00 15,000.00
ArchitecturaUEng/Admin 30,950.00 30,950.00
Total Estimated Construction Cost 249,050.00 236,243.00
RESOLUTION NO.
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
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City of Brooklyn Center
A Millennium Community
MEMORANDUM
TO: Mayor and City Council
FROM: Curt Boganey, City Manage���'
DATE: October 4, 2007
SUBJECT: Reschedule Joint Budget Meeting with Fi.nancial Commission
Recommend�tion:
I recommend that the City Council set October 29�' as a rescheduled joint meeting with
the Financial Commission to review the proposed 2008 budget.
Background:
A joint meeting is scheduled for October 15�' 2008 to review certain elements of the
pro�osed 2008 budget. Because I will be returning from Pittsburgh on Thursday October
11 it will be difficult to meet with the Finance Director and adequately review all of the
final budget proposals before they are submitted to the Council and Financial
Gommission for the October 15�' meeting. Rescheduling this work session to the 29`� will
provide all staff and myself adequate time to complete the necessary budget development
and review.
If this delay is approved we expect that all remaining budgets will be complete with the
exception of the Capital Project Funds.
C:
6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number
Brookdyn Center, MN 55430-2199 (763) 569-3400
City Hall TDD Number (763) 569-3300 FAX (763) 569-3434
FAX (763) 569-3494
www.cityofbrooklyncenter. org
Uctober 4�' REVISED 2008 BUDGET CITY COUNCIL MEETING
SCHEDULE
1. June 4�' Joint Work Session with Auditor regarding 2006 Audit and CAFR
2. June 18�' Joint Budget Work Session w/Financial Commission
3. July 30 Joint Budget Work Session w/Financial Commission
4. August 20�' Joint Budget Work Session w/Financial Commission
5. September 10�` Preliminary Levy and Budget Proposal
6. October 29� Joint Budget Work Session w/Financial Commission
Enterprise Funds and Balance of Debt Service and Special Revenue Funds
7. November 19�' Joint Budget Work Session w/Financial Commission
Capital Project Funds and General Budget Overview
8. December 3 Initial Truth in Taxation Hearing
th
9. December 10 Continuation Truth in T�ation Hearing if needed) and
Final Levy and Budget Adoption
i
2008 budget city counci2 meeting schedule.doc
AGENDA
CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION
October 8, 2007
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
1. Brooklyn Center Home Foreclosures
Pending List for Future Work Sessions
Date Undetermined
1. Farmers Market City Council- November
2. 2011 Brooklyn Center Celebration City Council
3. Rental Strategies Update
4. Off Street Parking Requirements
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City of Brooklyn Center
A Millennium Community
MEMORANDUM COUNCIL WORK SESSION
DATE: October 4, 2007
TO: Brooklyn Center City Council
FROM: Curt Boganey, City Man�
SUBJECT: Mortgage Foreclosure Discussion Couricilmember Yelich
COUNCIL ACTION REQUIRED
Per the attached e-maii, Councilmember Yelich has requested that we add the subject item to the
Council worksession.
BACKGROUND
COUNCIL POLICY ISSUES
G:1City Manager�WORKSESSION.MEM.FRM.doc
6301 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.cityofbrookdyncenter, org
Curt Bo�ane�l
From: Mark Yelich
Sent: Monday, October 01, 2007 8:08 AM
To: Curt Boganey
Subject: Request for Oct 8th work session topic
Curt,
Can you please add the topic of BC home foreclousures to the Oct 8th City Council work session? Thanks!
Respectfully,
Mark Yelich
Brooklyn Center City Council
763-486-6001
Winds of change are of little value without leaders to trim the sails!
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