Loading...
HomeMy WebLinkAbout2006 01-09 CCP Regular Session CITY COUNCIL MEETING City of Brooklyn Center January 9, 2006 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 attaeks, 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 Re ular Busin ss M e eetin g g —The City Council requests that attendees turn off cell phones and pagers during the meeting. 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 —Councilmembers not present at meetings will be recorded as abstaining from the vote on the minutes. l. December 12, 2005 Study Session 2. December 12, 2005 Executive Session 3. December 12, 2005 Regular Session 4. December 12, 2005 Work Session 5. December 22, 2005 Special Session b. Licenses c. Resolution Designating Official Newspaper CITY COUNCIL AGENDA -2- January 9, 2006 d. Resolution Designating Depositories of City Funds e. Resolution Appointing Michael J. McCauley as Director and Jim Glasoe as Alternate Director to the Board of Directors of Hennepin Recycling Group Resolution Recognizing the Contributions of Ethnic Populations and Heritage Celebrations 8. Appearance —Jonette Zuercher, Northwest Hennepin Family Services Collaborative, Presentation on Helping Us Grow Home Visiting Program and Youth Connections Program 9. Public Hearing a. An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (Easterly of Brooklyn Boulevard Between I-94 and 69th Avenue North) —This item was first read on November 14, 2005; published in the official newspaper on November 24, 2005; and offered for second reading and Public Hearing on December 12, 2005, at which time it was tabled until the final plat has been filed. •Requested Council Action: —Open the Public Heazing. —Take public input. —Motion to table ordinance. 10. Planning Commission Item a. Planning Commission Application No. 2005-018 Submitted by Spiritual Life Ministries. Request for a Special Use Permit and Site and Building Plan approval to establish a Bible College and for site and building plan approval for a 7,583 sq. ft. addition to the Spiritual Life Church, 6865 Shingle Creek Parkway. The Planning Commission recommended approval of this application at its December 15, 2005, meeting. •Requested Council Action: —Motion to approve Planning Commission Application No. 2005-018 subject to the conditions recommended by the Planning Commission. 11. Council Consideration Items a. Resolution Expressing Recognition and Appreciation of Members Who Have Served on City Commissions •Requested Council Action: —Motion to adopt resolution. CITY COUNCIL AGENDA -3- January 9, 2006 b. Mayoral Reappointments to City Advisory Commissions •Requested Council Action: —Motion to ratify Mayoral reappointments. c. Mayoral Appointments of City Council Members to Serve as Liaisons to City Advisory Commissions and as City Representatives for Other Organizations for 2006 •Requested Council Action: —Motion to ratify Mayoral reappointments. d. Select Presiding Officers Mayor Pro Tem and Acting Mayor Pro Tem •Requested Council Action: —Council discuss and select presiding officers. e. Resolution Declaring Commitment to the Brooklyn Center City Charter •Requested Council Action: —Motion to adopt resolution. f. Resolution Calling for a Public Hearing on Proposed Use of 2006 Urban Hennepin County Community Development Block Grant Funds •Requested Council Action: —Motion to adopt resolution. g. Council Member Niesen: Request for reimbursement for purchase of Leadership Institute recordings from 2005 and 2004 National League of Cities Conferences 12. Adjournment City Couneil 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 DECEMBER 12, 2005 CITY HALL COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session and was called to order by Mayor Myrna Kragness at 6:00 p.m. ROLL CALL Mayor Myrna Kragness and Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen (arrived at 6:02 p.m.), and Mary O'Connor. Also present were City Manager Michael McCauley, Assistant City, Community Development Director Brad Hoffman, Public Works Director/City Engineer Todd Blomstrom, City Attorney Charlie LeFevere, and Deputy City Clerk Camille Yungerberg. ADJOURN STUDY SESSION TO CLOSED SESSION IN ALL-AMERICA ROOM, CITY HALL, TO DISCUSS PENDING LITIGATION REGARDING BROOKDALE SQUARE: BRADLEY OPERATING LIMITED PARTNERSHIP V. CITY OF BROOKLYN CENTER The Brooklyn Center City Council Study Session adjourned at 6:02 p.m. Councilmember Niesen arrived at 6:02 p.m. President Kragness ealled an Executive Session of the Economic Development Authority to be held in the All-America Conference Room, City Hall, to discuss litigation regarding Brookdale Square: Bradley Operating Limited Partnership v. City of Brooklyn Center. The City Council Study Session was reconvened at 6:25 p.m. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember O'Connor requested the following changes to the minutes of the November 14, 2005 EDA- Regular Session: Commissioner O'Connor stated concern that the Hobart Company told the Citv the old machine was unfixable and wants to sell the Citv a new dishwasher. Councilmember Niesen asked about the September 12, 2005 minutes reflecting that Councilmember O'Connor abstained from voting on the December 13, 2004 minutes. Mr. McCauley advised that as pursuant to Council Policy since Gouncilmember O'Connor was not in office in December of 2004 that the statement be changed to: Commissioner O'Connor 12/12/OS -1- DRAFT abstained from the vote, having not been in office during the meeting for greater clarity. Councilmember Cannody requested the following changes to the minutes of the November 21, 2005 Budget Work Session with Financial Commission: The Brooklyn Center City Council met in Work Session with the Financial Commission at City Hall and was called to order by Mavor Pro Tem Kathleen Carmodv and Financial Commission Chair ponn Escher at 6:30 p.m. Councilmember Carmody requested the following changes to the minutes of the November 28, 2005 Study Session: Councilmember/Commissioner Niesen stated opposition to the proposal. She stated she has not heard any complaints regarding the number of vehicles in residential areas and she is concerned over too much imposition on personal property rights. She suggested the matter be addressed by referendum for the citizens to decide and stated concern that residents will feel less welcomed. She stated that she had listened to the Housin� Commission's discussion of the matter and has not received this concern, therefore will vote a�ainst the resolution. Councilmember Lasman requested the following change to the minutes of the November 28, 2005 Regular Session: Councilmember Niesen requested removal of Item No. 7d Resolution Amending The 2005 Central Garage Budget to Provide for the Early Order/Purchase of Five 2006 Ford Crown Victoria Police Patrol Vehicles from the Consent Agenda. Councilmember O'Connor requested the following changes to the minutes of the November 28, 2005 Regular Session: Councilmember O'Connor stated she attended the Housing Commission Meeting where Police Chief Bechthold spoke. She stated she has materials from the Northwest Suburbs Cable Communications Commission which she can share. She stated on November 21, 2005, she attended the Budget Work Session with the Financial Comnnission. She stated she attended the League of Minnesota Cities meeting on transportation and will provide copies of the information collected. Councilmember Lasman moved and Councilmember Carmody seconded to approve the consent agenda and agenda as amended, with the removal of Item No. 7d from the Consent Agenda to Council Consideration Item No. lOe and amendments to the October 24, 2005 Re�ular Session and November 14, 2Q05 Work Session minutes as discussed in the Studv Session and the following consent items were approved: Councilmember Niesen requested the following change to the minutes of the November 28, 2005 Work Session: Councilmember/Commissioner Niesen explained that the goal of the City Couneil should be to approach decision making with an overall frarnework. She stated the debating of facts should be reduced, rather shift the debate to opinions. She stated that use of a 12/12/OS -2- DRAFT checklist should heln ensure that kev noints of an issue do not �et overlooked. She stated concern that decisions with large financial impacts are rushed and suggested that items with impact greater than 1% of the General Fund Budget be reviewed by the City Council twice, unless it is an emergency. Councilmember Niesen inquired about purchasing insurance in regard to item 9c. Resolution Authorizing Storm Clean-Up and Repair Cost Funding and Finalizing Expenditure Authorization. Mr. McCauley responded the Capital Reserve Emergency Fund is designed to cover such uninsured items. City Attorney Charlie LeFevere explained that insurance can not be purchased on property that the City does not own. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Councilmember Lasman rnoved and Councilmember Carmody seconded to close the Study Session at 6:45 p.m. Motion passed unanimously. RECONVENE STUDY SESSION The Study Session was reconvened at 6:46 p.m. Councilmember Lasman inquired about the reconstruction of the park shelters at Willow Lane Park. Public Works Director/City Engineer Todd Blomstrom responded the reconstruction of the Willow Lane park shelter is not included in the current plan. He explained that last year the City had reviewed a new five-year plan with the Park and Recreation Commission and establishing a list of priorities. He explained that having enough revenue in the Capital Projects Fund to complete the projects has been a challenge. He stated storage is being lost as the park buildings are being removed. He stated the solution and most costly portion of the program comes in 2006 with conversion of the self storage building to cold storage building. He stated once the conversion is complete, replacement of park buildings can begin. He stated Kylawn Park is in poor condition and is scheduled to be replaced in 2007, along with Northport Park, Riverdale Park, and Palmer Lake West Park in 2008 and 2009. Councilmember Lasman asked why the City does not anticipate MSA (Municipal State Aid) funds in 2006. Mr. Blomstrom responded the City gets an approximate allotment of $800,000 (the City's portion of the gas tax) from MNDOT each year�, however the funds can only be used on roads designated as MSA Routes. He explained that projects are generally larger than the annual allotment; therefore the projects are staggered from year to year. Councilmember Lasman requested more information on the Edward Byrne Memorial Justice Assistance Grant. Mr. McCauley responded he is not certain on the details of the grant and will gather more information and report back to the City Council. Councilmember O'Connor stated she would also like more information on the Edward Byrne Memorial Justice Assistance Grant. MISCELLANEOUS Councilmember Niesen asked if the deer hunters are compensated and if the City is paying for any insurance. Mr. McCauley stated the shooters are all volunteers; however the City incurs 12/12/OS -3- DRAFT costs for police, signage, and miscellaneous expenses. He also stated there is no extra insurance. ADJOURNMENT Councilmember Niesen moved and Councilmember Lasman seconded to adjourn the Study Session at 6:55 p.m. Motion passed unanimously. City Clerk Mayor 12/12/OS -4- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL AND THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA EXECUTIVE SESSION DECEMBER 12, 2005 ALL-AMERICA CONFERENCE ROOM CALL TO ORDER The Brooklyn Center City Council/Economic Development Authority met in Executive Session and was called to order by MayorlPresident Myrna Kragness at 6:04 p.m. ROLL CALL Mayor/President Myrna Kragness, Councilmembers/Commissioners Kathleen Carmody, Kay Lasman, Diane Niesen, and Mary O'Connor. Also present: City Manager/EDA Executive Director Michael McCauley, Community Development Director/EDA 5ecretary Brad Hoffman, Greene Espel Attorney John Baker, and Deputy City Clerk Camille Yungerberg. The City Council discussed pending litigation regarding Brookdale Square; Bradley Operating Limited Partnership v. City of Brooklyn Center. ADJOURNMENT The Brooklyn Center City Council/Economic Development Authority Executive Session adjourned at 6:22 p.m. City Clerk Mayor/President 12/ 12/OS -1- 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 DECEMBER 12, 200� CITY HALL COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER 1NFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum and was called to order by Mayor Myrna Kragness at 6:45 p.m. ROLL CALL Mayor Myrna Kragness and Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Mary O'Connor. Also present were City Manager Michael McCauley, Assistant City Manager/Director of Operations Curt Boganey, Director of Public Works/City Engineer Todd Blomstrom, Community Development Director Brad Hoffman, City Attorney Charlie LeFevere, and Deputy City Clerk Camille Yungerberg. Mayor Kragness opened the meeting for the purpose of Informal Open Forum. No one wished to address the CounciL Councilmember Carmody moved and Councilmember Lasman seconded to close the Informal Open Forum at 6:46 p.m. 2. INVOCATION Councilmember Lasman offered a prayer for the Invocation. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session and was called to order by Mayor Myrna Kragness at 7:00 p.m. 4. ROLL CALL Mayor Myrna Kragness and Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Mary O'Connor. Also present were City Manager Michael McCauley, Assistant City Manager Curt Boganey, Director of Public Works/City Engineer Todd Blomstrom, Community Development Director Brad Hoffman, City Attorney Charlie LeFevere, and Deputy City Clerk Camille Yungerberg. I 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember Niesen stated she attended the annual National League of Cities, Congress of Cities from December 5, 2005, through December 9, 2005, in Charlotte, NC and stated she will report back to the Council with further details. She discussed the cost of the conference and the training materials, and stated she will discuss purchasing the training materials at the Work Session. She alerted residents of the possible limitation of parked vehicles in R1 zoning to a maximum of six vehicles and encouraged concerned residents to come forward. Councilmember Carmody stated she attended the annual League of Minnesota Cities Conference on December 12, 2005, where she attended a session on redevelopment. She stated she also attended Holly Sunday and a Shingle Creek Watershed meeting. Councilmember Lasman stated she attended the annual League of Minnesota Cities Conference where she attended sessions on elections, municipal technologies, and establishing fair and realistic fees. She stated she also attended Holly Sunday. on December 4, 2005, and thanked the Brooklyn Center Lions for funding the event. Councilmember O'Connor stated the Housing Commission will not meet on December 20, 2005. Mayor Kragness stated she attended a session on citizen communication vehicles at the annual League of Minnesota Cities Conference and will share some ideas she gathered. 7. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Lasman moved and Councilmember Carmody seconded to approve the consent agenda and agenda with amendments to the minutes of the November 21, 2005 Budget Work Session with Financial Commission, November 28, 2005 Study Session, November 28, 2005 Regular Session, and the November 28, 2005 Work Session as discussed in the Study Session, and the following consent items were approved: 7a. APPROVAL OF MINUTES 1. November 21, 2005 Budget Work Session with Financial Commission 2. November 28, 2005 Study Session 3. November 28, 2005 Regular Session 4. November 28, 2005 Work Session 5. December 5, 2005 Truth In Taxation Budget Hearing 12/12/2005 2 DRAFT 7b. LICENSES FIREWORKS PERMANENT SuperAmerica #4160 6545 West River Road SuperAmerica #4058 1901 57`� Ave N SuperAmerica #3192 6950 Brooklyn Boulevard GASOLINE SERVICE STATION Brooklyn Center Conoco 1505 69` Ave N SuperAmerica #4160 6545 West River Road SuperAmerica #4058 1901 57�' Ave N SuperAmerica #3192 6950 Brooklyn Boulevard Brookdale Citgo 5710 Xerxes Ave N Hark' Company 6501 Humboldt Ave N LIOUOR CLASS A ON-SALE INTOXICATING AND SUNDAY Olive Garden 1601 James Circle North LIOUOR CLASS B ON-SALE INTOXICATING AND SUNDAY AMF Earle Brown Lanes 6440 James Circle North Applebee's 1400 Brookdale Mall Crowne Plaza 1 2200 Freeway Boulevard Days Inn 1501 Freeway Boulevard Ref's Sports Bar Grill 2545 County Road 10 T. G. I. Friday's 2690 Freeway Boulevard Vallarta's Mexican Restaurant 6000 Shingle Creek Parkway LIOUOR CLASS F ON-SALE INTOXICATING AND SUNDAY Flik International 6155 Earle Brown Drive LIOUOR ON-SALE CLUB INTOXICATING AND SUNDAY Duoos Bros. American Legion Post 630 6110 Brooklyn Boulevard LIOUOR OPTIONAL 2 A.M. CLOSING Days Inn 1501 Freeway Boulevard Ref's Sports Bar Grill 2545 County Road 10 T. G. I. Friday's 2690 Freeway Boulevard LIOUOR ON-SALE WINE INTOXICATING AND 3.2 PERCENT MALT LIOUOR 50's Grill 5524 Brooklyn Boulevard Great India 2 6056 Shingle Creek Parkway LIOUOR ON-SALE 3.2 PERCENT MALT LIOUOR Centerbrook Golf Course 6301 Shingle Creek Parkway Davanni's Pizza and Hot Hoagies 5937 Summit Drive Scoreboard Pizza 6816 Humboldt Avenue North 12/12/2005 3 DRAFT LIOUOR OFF-SALE 3.2 PERCENT MALT LIOUOR Cub Foods 3245 County Road 10 SuperAmerica #3192 6950 Brooklyn Boulevard SuperAmerica #4160 6545 West River Road SuperAmerica #4058 1901 57th Avenue North Value Food 1 6804 Humboldt Avenue North Winner Gas 6501 Humboldt Avenue North Subject to submittal of Liquor Liability Insurance Certificate on or before December 31, 2005 2 Subject to submittal of Workers' Compensation and Liquor Liability Insurance Coverage and Certified CPA Statement MECHANICAL On Site Mechanical 8750 St. Hwy 7, St. Bonifacius Owens Companies, Inc 930 E 80 Street, Bloomington Ray Welter Heating Co 4637 Chicago Ave S, Minneapolis RENTAL Renewal 2307-09 54�' Ave N(Two Family) Robert Messersmith 819-21 SS Ave N(Two Family) Turning Point, Inc. 509 61 Ave N(Single Family) Tim Daniel 5834 Aldrich Ave N(Two Family 1 Unit) Paul Scully 5105 Brooklyn Blvd (Single Family} George Lucht 5937 Halifax Ave N(Single Family) Nick Rierson 5650 Humboldt Ave N(Single Family) Syed Raza 6753 Humboldt Ave N(Single Family) Kwi Ha Wong 6330 Kyle Ave N(Single Family) Daniel Lu 3019 Mumford Road (Single Family) Morris Matthews S332-36 Russell Ave N(Two Family) Douglas Ryan 5338 Queen Ave N(Two Family I Unit) Robert Messersmith 4708-12 Twin Lake Ave N(Two Family) Byron Mach 6523 Unity Ave N(Single Family) Wa Yee Xiong Initial 1600 68 Lane N(Single Family) Rafael Quintero 6005 Admiral Lane (Single Family) Dan Soffa 4204 Lakebreeze (1 bldg, 4 units) Donald Nieken 6912 Morgan Ave N(Single Family) Muktar Abdurahman 7006 Fremont Ave N(5ingle Family) Teto Wilson 12/ 12l2005 4 DRAFT TOBACCO RELATED PRODUCT Brookdale Citgo 5710 Xe�es Ave N Cub Foods 3245 County Road 10 SuperAmerica #4160 6545 West River Road SuperAmerica #4058 1901 57` Ave N SuperAmerica #3192 6950 Brooklyn Boulevard Tobacco Warehouse 6014 Shingle Creek Parkway 7C. APPLICATION AND PERMIT FOR A TEMPORARY ON-SALE LIQUOR LICENSE SUBMITTED BY ST. ALPHONSUS PARISH, 7025 HALIFAX AVENUE NORTH, FOR AN EVENT TO BE HELD FEBRUARY 11, 2006 7D. RESOLUTION NO. 2005-176 ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 2005-15, CONTRACT 2005-H, ELEVATED STORAGE TANK NO. 3 CLEANING- RESOLUTION NO. 2005-176 Motion passed unanimously, with Councilmember Niesen abstaining from the December 5, 2005 Truth In T�ation Budget Hearing meeting minutes as she did not attend the meeting. 8. PUBLIC HEARING ITEMS 8a. CONDUIT ISSUE OF BONDS FOR PRESBYTERIAN HOMES I l. RESOLUTION NO. 2005-177 AUTHORIZING THE ISSUANCE AND SALE OF THE $127 500 SUBORDINATE HEALTH CARE REVENUE NOTE OF 2005 (CENTER PARK SENIOR APARTMENTS, INC. PROJECT) 2. RESOLUTION NO. 2005-178 AUTHORIZING THE ISSUANCE AND SALE OF THE $1,192,500 HEALTH CARE REVENUE NOTE OF 2005 (CENTER PARK SENIOR APARTMENTS, INC. PROJECT) 3. RESOLUTION NO. 2005-179 AUTHORIZING THE ISSUANCE AND SALE OF THE $955,000 SUBORDINATE HEALTH CARE REVENUE NOTE OF 2005 (MARANATHA CONSERVATIVE BAPTIST HOME, INC. PROJECT) 4. RESOLUTION NO. 2005-180 AUTHORIZING THE ISSUANCE AND SALE OF THE �2,870,000 HEALTH CARE REVENUE NOTE OF 2005 (MARANATHA CONSERVATIVE BAPTIST HOME, INC. PROJECT) 12/12/2005 5 DR.AFT Mr. McCauley stated Presbyterian Homes is proposing to enter into a relationship with Maranatha Conservative Baptist Homes. He stated they propose using Ta�c Exempt Revenue Bonds to finance their activities. He stated the City will have no obligation or liability other than to the extent it receives funds for debt service. He explained that the risk is solely from the revenues received from the operations of the facility. He stated that Tax Exempt Financing reduces the cost of the project. Steve Fenlon, Midwest Healthcare Capital, explained that there are four proposed resolutions authorizing the issuance of revenue notes that would finance Presbyterian Homes. He stated there would be no liability to the City and discussed the holder of the notes and their reputation. He explained the importance of tax exempt financing to Presbyterian Homes and stated such financing is only available to non-profit organizations. Councilmember Niesen pointed out a typographical error on the Resolution Authorizing the Issuance and Sale of the $955,000 Subordinate Health Gare Revenue Note of 2005 (Maranatha Conservative Baptist Home, Inc. Project), where the section numbers are: 0.0. Councilmember O'Connor inquired about the last sentence of the first paragraph of the page entitled: Gonduit Financing in Minnesota, which states: Residential projects are specifically excluded. She stated this property is residential, therefore it should be excluded. Mr. McCauley responded that Bond Council at Briggs and Morgan has reviewed this document and will issue a formal legal opinion before finalization. Councilmember O' Connor moved to table the item until the City can get a conclusive answer on the legality of the proposed. Mr. Fenlon explained the deadlines for the documents and suggested that a stipulation be placed on the approval of the proposed. City Attorney Charlie LeFevere pointed out that the document states the project definition as: does not include a housing facility to be rented or used as a permanent residence. He stated this definition does not apply to this instance. He stated the establishment must be a nursing home facility or low income housing in order to qualify as a non profit establishment. Motion to table failed for lack of a second. Councilmember Carmody moved and Councilmember Lasman seconded to open the Public Hearing. Motion passed unanimously. No public input was offered. 12/12/2005 6 DRAFT Councilmember Carmody moved and Councilmember Lasman seconded to close the Public Hearing. Motion passed unanimously. Councilmember Lasman moved and Councilmember Carmody seconded to approve the following four resolutions regarding Conduit Issue of Bonds for Presbyterian Homes: RESOLUTION NO. 2005-177 Authorizing the Issuance and Sale of the $127,500 Subordinate Health Care Revenue Note of 2005 RESOLUTION NO. 2005-178 Authorizing the Issuance and Sale of the $1,192,500 Health Care Revenue Note of 2005 (Center Park Senior Apartments, Inc. Project) RESOLUTION NO. 2005-179 Authorizing the Issuance and Sale of the $955,000 Subordinate Health Care Revenue Note of 2005 (Maranatha Conservative Baptist �-Iome, Inc. Project) RESOLUTION NO. 2005-180 Autharizing the Issuance and Sale of the $2,870,000 Health Care Revenue Note of 2005 (Maranatha Conservative Baptist Home, Inc. Project) Councilmember O'Connor voted against the same. Motion passed. Sb. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (EASTERLY OF BROOKLYN BOULEVARD BETWEEN I-94 AND 69TH AVENUE NORTH) —THIS ITEM WAS FIRST READ ON NOVEMBER 14, 2005; PUBLISHED IN THE OFFICIAL NEWSPAPER ON NOVEMBER 24, 2005; AND IS OFFERED THIS EVENING FOR SECOND READING AND PUBLIC HEARING. Mr. McCauley explained that the City can not proceed with the ordinance until the legal description has been recorded with the final plat which has not yet happened. Councilmember Lasman moved and Councilmember Carmody seconded to open the Public Hearing. Motion passed unanimously. No public input was offered. 12/12/2005 7 DRAFT Councilmember Carmody moved and Councilmember Lasman seconded to continue the Public Heaxing and table the approval of the ordinance until the January 9, 2006, City Council meeting. Motion passed unanimously. Councilmember Niesen requested that the date of receipt and Planning Commission hearing dates be included on the document as it previously did. Mr. McCauley responded the City Council approved the action and the document is implementing what was approved. City Attorney Charlie LeFevere responded there is a deadline because it is the zoning act however, if it is approved by operation of the 60 day rule for any reason, the City Council has already approved the underlying project. 8c. CONSIDERING THE PROPOSED 2006-2010 CAFITAL IMPROVEMENT PROGRAM Mr. McCauley stated the Capital Improvement Plan, while having a major focus on street reconstruction, also includes planned park improvements. He stated the Street Reconstruction Plan does not currently identify sufficient funds for two projects in 2008. He explained that in the first half of 2006, the rate study report will be reviewed to determine future rate structure and needs. He stated if sufficient funds cannot be identified to fully fund the 2008 proposed projects, the plan would need to be amended in 2006 to separate the proposed 2008 projects, with one being deferred to 2009. In that case, the street plan currently identified for 2009 and 2010 would be similarly extended by one year to 2010 and 20ll respectively. Director of Public Works/City Engineer Todd Blomstrom stated the Capital Improvement Program provides a five year plan for projects that will replace and reconstruct the aging and deteriorating infrastructure of the City. He stated in 2006, the City will be entering its 13` year in the organized process for rebuilding local streets, water mains, sanitary sewers, and storm drainage systems throughout the City. He explained that during this process, the City has completed reconstruction of approximately 55 miles of local streets and utility improvements. He stated over the next five years, reconstruction of an additional 19 miles is proposed. He stated the remaining 30 miles is scheduled to be completed between 2011 and 2018. He stated the proposed CIP builds on the 2005 CIP that was included in the 2005 budget along with modifications that are based on a utility rate study discussion that took place on November 21, 2005. He stated the proposed reconstruction schedule for DuPont Avenue has been restructured along with the rescheduling of the southern portion of Shingle Creek Parkway from 2006 to 2007 due to design coordination. Councilmember Lasman moved and Councilmember Carmody seconded to open the Public Hearing. Motion passed unanimously. No public input was offered. 12/12/2005 8 DRAFT Councilmember Lasman moved and Councilmember Carmody seconded to close the Public Heanng. Motion passed unanimously. L RESOLUTION ADOPTING CAPITAL IMPROVEMENT PROGRAM-RESOLUTION NO. 2005-181 I Councilmember Carmody moved and Councilmember Lasman seconded adoption of RESOLUTION NO. 2005-181 Adopting Capital Improvement Program. Motion passed unanimously. 8d. CONSIDERATION OF 2006 BUDGET Mr. McCauley presented a PowerPoint presentation and provided an overview of the proposed increase in property taxes and the specific purpose for which property tax revenues are being increased. During the presentation the following were summarized: Property tax levy for all sources reflects a 2.72% increase of levy for the General Fund Operations. Major budget influences including 2005-2009 increased pension costs, increase of $133,000 in State Aid for 2006, loss of $1.68 Million in State Aid for 2004; loss of an additional $335,000 in State Aid for 2005; and the loss of $3.2+ Million in HACA and LGA in 2002-2006. General Fund Operating Budget being maintained at 2004 levels with police patrol at full strength; fire operations at cunent levels plus full time clerical support; and providing for modest technology funding. Councilmember Carmody inquired about the increase in Public Safety costs shown in the presentation. Mr. McCauley responded when the budget was balanced in 2004, budget cuts in Public Safety were not made in sworn personnel. He stated Public Works and Recreation saw lar e reduct� ions in order g to balance the bu d et. g Councilmember Lasman moved and Councilmember Carmody seconded to open the Public Hearing. Motion passed unanimously. No public input was offered. 12/12/2005 9 DRAFT Councilmember Carmody moved and Councilmember Lasman seconded to close the Public Hearing. Motion passed unanimously. 1. RESOLUTION APPROVING A FINAL TAX CAPACITY LEVY FOR THE GENERAL FUND AND DEBT SERVICE FUNDS AND A MARKET VALUE TAX LEVY FOR THE HOUSING AND REDEVELOPMENT AUTHORITY FOR 2006-RESOLUTION NO. 2005-182 Councilmember Carmody moved and Councilmember Lasman seconded adoption of RESOLUTION NO. 2005-182 Approving a Final Tax Capacity Levy for the General Fund and Debt Service Funds and a Market Value Tax Levy far the Housing and Redevelopment Authority for 2006. Councilmember O'Connor stated since all areas of government are seeing an increase, taxes should not increase. Mayor Kragness responded by explaining that the majority of increase is caused by salaries and health insurance benefits, which is a necessary expense. Councilmember Niesen stated at the previous Joint Work Session with the Financial Commission, the City Council discussed reviewing salaries and at this point in time, it is too late to reduce taxes for 2006. She agreed that taxes are high in some areas, however she stated a less than 3% increase is an achievement. She stated support for the resolutions. Councilmember O'Connor voted against the same. Motion passed. 2. RESOLUTION ESTABLISHING A FINAL MARKET VALUE LEVY FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATION, PROVIDING INFORMATIQNAL SERVICES AND RELOCATION ASSISTANCE PURSUANT TO THE PROVISIONS OF MINNESOTA STATUTES CHAPTER 469.033 FOR THE CITY OF BROOKLYN CENTER HOUSING AND REDEVELOPMENT AUTHORITY FOR FISCAL YEAR 2006 RESOLUTION N0. 2005-183 Councilmember Carmody moved and Councilmember Lasman seconded adoption of RESOLUTION NO. 2005-183 Establishing a Final Market Value Levy for the Purpose of Defraying the Cost of Operation, Providing Informational Services and Relocation Assistance Pursuant to the Provisions of Minnesota Statutes Chapter 469.033 for the City of Brooklyn Center Housing and Redevelopment Authority for Fiscal Year 2006. Councilmember O'Connor stated the City should not be in the business of redevelopment. Cauncilmember O'Connor voted against the same. Motion passed. I2/1212005 10 DRAFT 3. RESOLUTION ADOPTING THE 2006 GENERAL FUND BUDGET —RESOLUTION NO. 2005-184 Councilmember Lasman moved and Councilmember Carmody seconded adoption of RESOLUTION NO. 2005-184 Adopting the 2006 General Fund Budget. Councilmember O'Connor voted against the same. Motion passed. 4. RESOLUTION ADOPTING THE 2006 SPECIAL REVENUE FUND BUDGETS RESOLUTION NO. 2005-185 Councilmember Carmody moved and Councilmember Lasman seconded adoption of RESOLUTION NO. 2005-185 Adopting the 2006 Special Revenue Fund Budgets. Councilmember O'Connor voted against the same. Motion passed. 5. RESOLUTION ADOPTING THE 2006 DEBT SERVICE FUND BUDGETS- RESOLUTION NO. 2005-186 Councilmember Lasman moved and Councilmember Carmody seconded adoption of RESOLUTION NO. 2005-186 Adopting the 2006 Debt Service Fund Budgets. Councilmember O'Connor stated the City should stop going into debt, requiring future generations to pay the debt. Councilmember O'Connor voted against the same. Motion passed. 6. RESOLUTION ADOPTING THE 2006 CAPITAL PROJECT FUND BUDGETS- RESOLUTION NO. 2005-187 Councilmember Carmody moved and Councilmember Lasman seconded adoption of RESOLUTION NO. 2005-187 Adopting the 2006 Capital Fund Budgets. Councilmember O'Connor and Mr. McCauley discussed the purpose of the Infrastructure Construction Fund. Councilmember O'Connor voted against the same. Motion passed. 7. RESOLUTION ADOPTING THE 2006 ENTERPRISE FUND BUDGETS- RESOLUTION NO. 2005-188 Councilmember Lasman moved and Councilmember Carmody seconded adoption of RESOLUTION NO. 2005-188 Adopting the 2006 Enterprise Fund Budgets. Councilmember O'Connor voted against the same. Motion passed. 12/12/2005 11 DRAFT 8. RESOLUTION ADOPTING THE 2006 PUBLIC UTILITY FUND BUDGETS- RESOLUTION NO. 2005-189 Councilmember Carmody moved and Councilmember Lasman seconded adoption of RESOLUTION NO. 2005-189 Adopting the 2006 Public Utility Fund Budgets. Councilmember O'Connor voted against the same. Motion passed. 9. RESOLUTION ADOPTING THE 2006 INTERNAL SERVICE FUND BUDGETS- RESOLUTION NO. 2005-190 Councilmember Lasman moved and Councilmember Carmody seconded adoption of RESOLUTION NO. 2005-190 Adopting the 2006 Internal Service Fund Budgets. Motion passed unanimously. 9. COUNCIL CONSIDERATION ITEMS 9a. RESOLUTION AUTHORIZING THE EXECUTION OF AGREEMENT FOR THE 2005 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT- RESOLUTION NO. 2005-191 Mr. McCauley explained that the former block grant was a general allocation of funds that could be used for equipment. He recommended that the grant be approved at this time and details on the grant will follow in the City Manger's Update, later in the week. Councilmember Lasman moved and Councilmember Carmody seconded adoption of RESOLUTION NO. 2005-191 Authorizing the Execution of Agreement for the 2005 Edward Byrne Memorial Justice Assistance Grant. Motion passed. Councilmember O'Connor abstained. 9b. RESOLUTION AUTHORIZING THE EXECUTION OF CONTRACTS WITH QWEST CORPORATION FOR PRIMARY RATE ISDN (PRI) SERVICES AT CITY HALL AND POLICE BUILDINGS AND THE TERMINATION OF QWEST CONTRACTS AND SERVICES NO LONGER NEEDED- RESOLUTION NO. 2005-192 Mr. McCauley stated Ms. Hartwig routinely reviews the City's contraets in the area of communications for the purpose of reducing rates. He stated one part of the resolution authorizes renegotiations of certain contracts that require continuation of service, and the other portion provides termination of contracts that have remaining life, on services that can be discontinued. He stated overall, the City will save approximately $1,824 per month. He stated the annual savings will be $21,600. 12/12/2005 12 DRAFT Councilmember Carmody moved and Councilmember Lasman seconded adoption of RESOLUTION NO. 2005-192 Authorizing the Execution of Contracts with Qwest Corporation for Primary Rate Isdn (Pri) Services at City Hall and Police Buildings and the Termination of Qwest Contracts and Services No Longer Needed. Motion passed unanimously. 9c. RESOLUTION AUTHORIZING STORM CLEAN-UP AND REPAIR COST FUNDING AND FINALIZING EXPENDITURE AUTHORIZATION RESOLUTION NO. 2005-193 Mr. McCauley stated in the ongoing effort of storm damage clean-up, the estimated total has risen to approximately $444,000. He stated funds are available in the Capital Emergency Fund; however it is less than $444,000. He stated it is recommended that $345,Q00 of the expenditures on storm clean-up be transferred to the Capital Reserve Emergency Fund, the water and sewer utility have their expenses remain within their funds, the Earle Brown Heritage Center absorb its losses not covered by insurance, and the balance would be allocated in the 2005 General Fund by a$50,000 authorization. Councilmember O'Connor asked if the year will end in a deficit. Mr. McCauley responded by explaining that the City will end the year in a surplus after the absorption of the $50,000. Mayor Kragness inquired about reforestation of the Cit and the ossibilit of a rant or a Y P Y g discount for replacement of trees. Mr. Blomstrom responded grant or discount options can be explored. Councilmember O'Connor responded residents will take care of the reforestation on their own and there is no need to spend money on trees. Mayor Kragness responded she was asking about funding to assist in replacement. Mr. McCauley stated the City does not have money for reforestation; however funding assistance will be explored. Councilmember Lasman moved and Councilmember Niesen seconded adoption of RESOLUTION NO. 2005-193 Authorizing Storm Clean-Up and Repair Cost Funding. Motion passed unanimously. 9d. DISCUSSION OF MAILING FOR JANUARY 25, 2006, OPPORTUNITY SITE OPEN HOUSE Mr. McCauley explained the different draft options of the Opportunity Site Open House mailing. The City Council discussed the Opportunity Site Open House mailing and it was the consensus to proceed with the following modifications to option one: change title to: "You are Invited to Help Plan Brooklyn Center's Future," increase the font on the "What" line, remove "Making Presentations" from the bottom paragraph, lines one and four, add "your" after receive and before input on line four, and add "Please Join Us," centered at the bottom of the mailing. 12/12/2005 13 DRAFT Councilmember Lasman moved and Councilmember Carmody seconded to approve option one of the Opportunity Site Open House mailing as amended. Councilmember O'Connar voted against the same. Motion passed. 9e. RESOLUTION TRANSFERRING GENERAL FUND BALANCE FOR CAPITAL PURPOSES- RESOLUTION NO. 2005-194 Mr. McCauley stated that at the recommendation of the Financial Commission, the City's Financial Policy was amended. The actual target balance for the General Fund was increased to reflect the cash flow needs going into the next fiscal year. He stated the target now is 50%-52% of the next year's budget. As part of that policy it is anticipated that funds would be transferred at year's end into the Street Reconstruction Fund, Technology Fund, and Capital Projects Fund. He stated this Resolution would authorize a transfer of General Fund balance in excess of the fund balance target into the Street Reconstruction Fund. He stated the Street Reconstruction Fund was seen as in most need of a fund transfer at this time to sustain the street reconstruction program. Councilmember Carmody moved and Councilmember Lasman seconded adoption of RESOLUTION NO. 2005-194 Transferring General Fund Balance for Capital Purposes. Motion passed unanimously. 11. ADJOURNMENT Councilmember Carmody moved and Councilmember Lasman seconded adjournment of the City Cauncil meeting at 9:10 p.m. Motion passed unanimously. City Clerk Mayor 12/12/2005 14 DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY OF THE CIT R Y OF B OOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WORK SESSION DECEMBER 12, 2005 CITY HALL COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council/Economic Development Authority met in Work Session and was called to order by Mayor/President Myrna Kragness at 9:15 p.m. ROLL CALL Mayor/President Myrna Kragness and Councilmembers/Commissioners Kathleen Casmody, Kay Lasman, Diane Niesen, and Mary O'Connor. Also present were City Manager/Executive Director Michael McCauley, Assistant City Manager/Director of Operations Curt Boganey, and Deputy City Clerk Camille Yungerberg. COUNCIL MEMBER NIESEN: DISCUSSION OF PURCHASING RESOURCE MATERIALS AT CONFERENCES Councilmember/Commissioner Niesen explained that she was requesting reimbursement for the cost of CDs of this years and last years National League of Cities Leadership Training Sessions. She stated she had been told reimbursement would require City Council approval. She asked that the City Council approve the reimbursement of the training materials that she purchased from the conference she attended. Mayor Kragness responded that the City Council had previously declined to authorize reimbursement of materials from a conference. CouncilmemberlCommissioner Niesen discussed the cost o� the seminars and explained that the recorded seminars would be an inexpensive way to educate others and therefore feels reimbursement should be granted. Councilmember/Commissioner Carmody stated she commuted to a seminar in order to save the City money and she does not see $400 worth of benefit in the seminars. She stated relaying the information or listening to a recording is not the same as being at the seminar. She stated she would be comfortable with the reimbursement if there were prior approval by the City Council but not in this situation where the items were purchased after being told the Council had previously not authorized purchases after the fact. Councilmember/Commissioner Niesen responded if the City Council does not see the value in the CD, then she will cancel the order. She asked that the item be put on the agenda so that it can be officially voted on. 12/12/2005 1 DRAFT MISCELLANEOUS Councilmember/Commissioner Carmody discussed a proposed soil mitigation rule discussed at the Shingle Creek Watershed meeting. She explained that they would like the City to enact an ordinance that requires top soil to be restored to original condition on new construction projects. ADJOURNMENT Councilmember/Commissioner Lasman moved and Councilmember/Commissioner Carmody seconded adjournment of the City CounciUEconomic Development Authority Work Session at 9:38 p.m. Motion passed unanimously. City Clerk Mayor/President 12/12/2005 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 SESSION DECEMBER 22, 2005 CITY HALL COUNCIL CHAMBERS CALL TO ORDER SPECIAL BUSINESS MEETING The Brooklyn Center City Council met in Special Session and was called to order by Mayor Myrna Kragness at 4:15 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, and Mary O'Connor. Councilmember Diane Niesen was absent and excused. Also present: City Manager Michael McCauley, Assistant City Manager/Director of Operations Curt Boganey, and Deputy City Clerk Camille Yungerberg. RESOLUTIONS CORRECTING AND REPLACING RESOLUTION NO. 2005-177 AND RESOLUTIQN NO. 2005-178 City Manager Michael McCauley explained that the two former resolutions prepared by the Bond Council contained errors in the amounts. He explained that the total amount of bonds set forth in the public notice was correct. He stated the correcting of resolutions will not result in a total amount in excess of the published potential total. He stated RESOLUTION NO. 2005-177 had a transposed number and RESOLUTION NO. 2005-178 was inconect. He stated the proposed resolutions will correct and replace the incorrect resolutions approved on December 12, 2005. Councilmember Lasman moved and Councilmember Carmody seconded adoption of RESOLUTION NO. 2005-195 Correcting and Replacing RESOLUTION NO. 2005-177 and Authorizing the Issuance and Sale of the $640,000 Subordinate Health Care Revenue Note of 2405 (Center Park Senior Apartments, Inc. Project). Councilmember O'Connor voted against the same. Motion passed. Councilmember Lasman moved and Councilmember Carmody seconded adoption of RESOLUTION NO. 2005-196 Correcting and Replacing RESOLUTION NO. 2005-178 and Authorizing the Issuance and Sale of the $1,912,500 Health Care Revenue Note of 2005 (Center Park Senior Apartments, Inc. Project) Councilme mber O Connor voted a ainst th same ti e Mo on assed. g P 12/22/2005 1 DR.AFT Y ADJOURNMENT Councilmember Carmody moved and Councilmember Lasman seconded adjournment of the City Council meeting at 4:19 p.m. Motion passed unanimously. I City Clerk Mayor I I i 12/22/2005 2 DR.AFT City Council Agenda Item No. 7b I City of Brooklyn Center A Millennium Community TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk DATE: January 9, 2006 SUBJECT: Licenses for Council Approval The following companies/persons have applied for City licenses as noted. Each company/person has fulfilled the requirements of tnhe City Ordinance governing respective licenses, submitted appropriate applications, and paid proper fees. Licenses to be approved by the City Council on November 28, 2005, are as follows: BOWLING ALLEY AMF Earle Brown Lanes 6440 James Circle FIREWORKS Cub Foods 3245 County Road 10 Target Corporation 6100 Shingle Creek Parkway Dollar Saver 6090 Shingle Creek Parkway GASOLINE Perfect Car Wash #504 6849 Brooklyn Boulevard B.C. Municipal Garage 6844 Shingle Creek Parkway Christy's Auto Service 5300 Dupont Ave North Humboldt Shell 6840 Humboldt Avenue North Metropolitan Transit 6845 Shingle Creek Parkway Holiday Stationstores, Inc #292 420 66 Ave North Iten Chevrolet Company 6701 Brooklyn Boulevard Osseo-Brooklyn Bus Company 4435 68 Avenue North MECHANICAL Discount Appliance Repair 1455 91 Ave NE, Blaine Residential Heating Air 1815 E. 41 Street, Minneapolis Sterling Design 2205 US Hwy 8, St. Croix Falls Total Refrigeration Systems 949 South Concord Street, St. Paul PUBLIC DANCE AMF Earle Brown Lanes 6440 James Circle �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. cityofbrooklyncenter. org RENTAL Renewal Basswood Apts 4450 58 Ave (1 bldg 11 units) James Lupient 1 Disturbance Carrington Drive Apts 1302-08 69 Ave N, 6910-20 Humboldt Ave (4 bldgs, 128 units) Myra Chazin 16 Disturbances, 2 Burglaries, 1 Robbery, 2 Crimes against Family, 2 Fires, and 1 Rules Regulations Beard Ave Apts 6101 Beard Ave (1 bldg, 24 units) Ken Phelan 6 Disturbances, 2 Burglaries, 1 Excessive Noise 6331, 6401-25 Beard Ave (3 bldgs, 36 units) Clover Management 1 Assault, 4 Disturbances (There were No Calls for the following) 5308 Emerson Ave N(2 family, 1 unit) Philip Anderson 5801 Knox Ave N(single farnily) David Trepanier 4207 Lakeside Ave N#226 (single family) Beach Condo's Association Initial (There were No Calls for the following) 3800 62" Ave N(Single Family) Fabian Rodriguez 4204 Lakebreeze Ave N(1 bldg, 4 Units) Donald Nieken SECONDHAND GOODS DEALER CD Warehouse 6072 Shingle Creek Parkway GameStop #535 6068 Shingle Creek Parkway GameStop #1704 1307 Brookdale #76 TOBACCO Perfect Car Wash #504 849 Brooklyn Boulevard Humboldt Shell 840 Humboldt Avenue North Hark's Company 501 Humboldt Avenue North Brooklyn Center Conoco 505 69� Ave North Holiday Stationstores, Inc #292 20 66 Ave North Holiday Stationstores, Inc #2099 890 Shingle Creek Parkway Crowne Plaza 200 Freeway Boulevard Walgreen Company #04320 390 Brooklyn Boulevard Value Food 804 Humboldt Avenue North Royal Tobaeco 625 Xer�ces Avenue North S&I Tobacco LLC 6930 Brooklyn Boulevard Duoos Bros. American Legion Post 630 6110 Brooklyn Boulevard Dollar Saver 6090 Shingle Creek Parkway City Council Agenda Item �To. 7c Offce of the City Clerk City of Brooklyn Center A 1Vlillennium Community MEMORANDUM 'TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Cle�k �����t/u1L� �j,�'Y�'�. DATE: January 4, 2006 SUBJLCT: Resolution Designating Official Newspaper Section 12.01 of the Brooklyn Center City Charter requires the City Council to annually designate a legal newspaper of general circulation in the City as its official newspaper. Minnesota Sun Publications has once again requested the City Council to designate BrooklyJZ Center Sun-Post to be the official newspaper for 2006. Brooklyn Ceizter Sun- Post m�ets all necessa�v requirements far designation. The attached resolution designates the Brooklyn Center Sun-Post as the official newspaper for the City of Brooklyn Center far the year 2006. Attachments: Resolution Designating Offieial Newspaper 1�-1iilnesota� St�tutes Chapter 331A I,etter fion� Sun Newspapers �3�1 Shingle Creek Parhway Recreation and Communit Center Phone TDD Num r y be Brooklyn 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 Member introduced the following resolution and moved its adoption: RE50LUTION NO. RESOLUTION DESIGNATING OFFICIAL NEWSPAPER WHEREAS, Section 12.01 of the Brooklyn Center City Charter requires the City Council to annually at its first meeting of the year designate a legal newspaper of general circulation in the city as its official newspaper in which shall be published such ardinances and other matters as are required by law to be so published and such other matters as the council may deem it advisable and in the public interest to have published in this manner; and WHEREAS, the Brooklyn Center Sun-Post has previously been so designated; and WHEREAS, the Brooklyn Center Sun-Post meets all necessary requirements for designation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of �3rooklyn Cetlter that the Brooklyn Center Sun-Post is hereby designated as the official newspaper for the City of Brooklyn Center for the year 2006. Januarv 9. 2006 D ate 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 tlle following voted against the same: whereupon said resolution was declared duly passed and adopted. Lec�islature Home Links to the YUorld f Hslp Rdvanc�d aearch �����e��� t�f��� �f �e R��i��r �f a House Senate Ja+nt Departments and Commissions Bill Search and Status Statufies, Laws, and �ules Minnesota Statutes 2005, Chapter 331A. Copyright 2005 by the Office of Revisor of Statutes, State of Minnesota. ==331A.01 331A.01 Definitions. Subdivision l. Scope. As used in sections 331A.01 to 331P..11, the terms defined have the meanings given them except as otherwise expressly provided or indicated by the cantext. Subd. 2. Known office of issue. "Known office of issue" means the newspaper's principal office devoted primarily to business related to the newspaper, whether or not printing or any otYier operations of the newspaper are conducted at or from the office. A newspaper may have only one known office af issue. Subd. 3. Political subdivision. "Political subdivision" means a county, municipality, school district, or any other local political subdivision or local or area district, commission, board, or authority. Subd. 4. Municipality. "Municipality" means a home r e charter or statutory city or town. �ubd. 5. Re ealed, 2004 c 182 s 33 P Subd. 6. Proceedings. "Proceedings" means the substance of all official actions taken by the governing body of a political subdivision at any regular or special meeting, and at minimum includes the subject matter of a motion, the persons making and seconding a motion, the roll call vote on a motion, the character of resolutions or ordinances offered, including a brief description of their subject matter, and whether defeated or adopted. Subd. 7. Public notice. "Public notice" means every notice required or authorized by law or by order of a court to be published by a qualified newspaper, and includes: (a) every publication of laws, ardinances, resolutions, financial information, and proceedings intended to give notice in a particular area; (b) every notice and certificate of election, facsimile ballot, notice of referendum, notice of public hearing before a governmental body, and notice of ineetings of private and public bodies required by law; and (c) every summons, order, citation, notice of sale or other ice which is intended to inform a person that the person may hall do an act or exercise a right within a designated iod or upon or by a designated date. (d) this subdivision contains no independent requirement for the publication of any public notice. Subd. 8. Qualified newspaper. "Qualified newspaper" means a newspaper which complies with all of the provisions of scction 331A.02. The following terms, when found in laws referring to the publication of a public notice, sha11 be taken to mean a qualified newspaper: "qualified legal newspaper," "legal newspaper," "official newspaper," "newspaper," and "medium of official and legal publication." �ubd. 9. Secondary office. "Secondary office" means an office established by a newspaper in a community other than that in which its known office of issue is located, in the same or an adjoining county, open on a regular basis to gather news and sell advertisements and subscriptions, whether or not printing or any other operations of the newspaper are conducted at or from the office. Subd. 10. Summary. "Summary" means an accurate and intelligible abstraet or synopsis of the essential elements of proceedings, ordinances, resolutions, financial statements, and other official actions. It shall be written in a clear and coherent manner, and shall, to the extent possible, avoid the use of technical or legal terms not generally familiar to the public. When a summary is published, the publication shall clearly indicate that the published material is only a summary and that the full text is available for public inspection at a designated location or by standard or electronic mail. A summary published in conformity with this section shall be deemed to fulfil.l all legal publication requirements as completely as if the entire matter which was summarized had been published. No liability shall be asserted against a political subdivision in connection with the publication of a summary or agenda. HIST: 1984 c 543 s 20; 1986 c 444; 2004 c 182 s 3-7 ==331A.02 331A.02 Requirements for a qualified newspaper. Subdivision 1. alification. No newspaper in this 4� state shall be entitled to any compensation or fee for publishin_a, any public notice unless it is a qualified newspaper. A ricwspaper that is not qualified must inform a public body that presents a public notice for publication that it is not qualified. To be qualified, a newspaper shall: (a) be printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 1,000 square inches, or 800 square inches if the political subdivision the newspaper purports to serve has a population of urider 1,300 and the newspaper does not receive a public subsidy; (b) if a daily, be distributed at least five days each week. If not a daily, the newspaper may be distributed twice a month with respect to the publishing of government public notices. In any week in which a legal holiday is included, not more than four issues of a daily paper are necessary; (c) in at least half of its issues each year, have no more than 75 percent of its printed space comprised of advertising rial and paid public notices. In all of its issues each r, have 25 percent, if published more often than weekly, or 50 percent, if weekly, of its news columns devoted to news of local interest to the community which it purports to serve. Not more than 25 percent of its total nonadvertising column inches in any issue may wholly duplicate any other publication unless the duplicated material is from recognized general news services; (d) be circulated in the political subdivision which it purports to serve, and either have at least 500 copies regularly delivered to paying subscribers, or 250 copies delivered to paying subscribers if the political subdivision it purports to e has a population of under 1,300, or have at least 500 es regularly distributed without charge to local residents, or 250 copies distributed without charge to local residents if the political subdivision it purports to serve has a population of under 1,300; (e) have its known office of issue established in either the county in which lies, in whole or in part, the political subdivision which the newspaper purports to serve, or in an adjoining county; (f) file a copy of �ach issue immediately with the State Historical Society; (g) be made available at single or subscription prices to any person or er!tity requesting the newspaper and making the applicable payment, or be distributed without charge to local residents; (h) have complied with all the foregoing conditions of this subdivision for at least one year immediately preceding the date of the notice publication; (i) bctween September 1 and December 31 of each year publish a sworn United States Post Office periodicals-class statement of ownership and circulation or a statement of ownership and circulation verified by a recognized independent ulation auditing agency covering a period of at least one ending no earlier than the June 30 preceding the publication deadline. When publication occurs after December 31 and before July 1, qualification shall be effective from the date of the fili_rig described in paragraph (j) through December 31 of that year; and (j) after publication, submit to the secretary of state by December 31 a filing containing the newspaper's name, address of its known office of issue, telephone number, and a statement that it has complied with all of the requirements of this section. The filing must be accompanied by a fee of $25. The secr�tary of state shall make available for public inspection a list of newspapers that have filed. Acceptance of a filing does not constitute a guarantee by the state that any other qualification has been met. Subd. 2. Repealed, 2004 c 182 s 33 Subd. 3. Publication; suspension; changes. The following circumstances shall not affect the qualification of a newspaper, invaiidate an otherwise valid publication, or invalidate a designation as official newspaper. (a) Suspension of publication for a period of not more than three consecutive months resulting from the destruction of its known office of issue, equipment, or other facility by the ents, unforeseen accident, or acts of God or by reason of a r dispute. (b) The consolidation of one newspaper with another published in the same county, or a change in its name or ownership, or a temporary change in its known office of issue. (c) Change of the day of publication, the frequency of publication, or the change of the known office of issue from one place to another within the same county. Except as provided in this subdivision, suspension of publication, or a change of known office of issue from one county to another, or failure to maintain its known office of issue in the county, shall deprive wspaper of its standing as a qualified newspaper until it in becomes qualified pursuant to subdivision 1. Subd. 4. Declaratory judgment of legality. A person interested in a newspaper's qualification under this section may petition the district court in the county in which the newspaper has its known office of issue for a declaratory judgment to determine whether the newspaper is qualified. Unless filed by the publisher, the petition and summons shall be served on the publisher as in other civil actions. Service in other cases shall be made by publication of the petition and summons once each week for three successive weeks in the newspaper or newspapers the court may order and upon the persons as the court may direct. Publications made in a newspaper after a judgment that it is qualified but before the judgment is vacated or set aside sha11 be valid. Except as provided in this subdivision, the Uniform Declaratory Judgments Act and the Rules of Civil Proce�ure shall apply to the action. Subd. 5. Posting notices on Web site. If, in the normal course of its business, a qualified newspaper maintains a Web site, then as a condition of accepting and publishing public notices, the newspaper must agree to post a11 the notices on its Web site at no additional cost. The notice must remain on the Web site during the notice's full publication period. Failure to post or mairitain a public notice on the newspaper's Web site does not affect the validity of the public notice. �IIST: 1984 c 543 s 21; 1985 c 174 s l; 1Sp1985 c 13 s 315; 1987 c 30 s l; 198� c 286 s 1; 1988 c 682 s 42; 1990 c 395 s 1; 1991 c 205 s 17; 1997 c 137 s 13; 2001 c 38 s 1; 2004 c 182 s 8-11 ==331A.03 331A.03 Where notice published. Subdivision 1. Generally. Except as provided in subdivision 2, a public notiee shall be published in a qualified newspaper, and except as otherwise provided by law, in one that is likely to give notice in the affected area or to whom it is directed. When a statute or other law requires publication in a newspaper located in a designated political subdivision or area and no qualified newspaper is located there, publication shall be made in a qualified newspaper likely to give notice unless the particular statute or law expressly provides otherwise. If no qualified newspaper exists, then publication is not required. Subd. 2. Exception; certain cities of the fourth class. A public notice required to be published by a statutory or home rule charter city of the fourth class located in the metropolitan area defined in section 473.121, subdivision 2, is not required to be published in a qualified newspaper if there o qualified nondaily newspaper of general circulation in the provided the notice is printed in a newsletter or similar printed means of giving notice that is prepared by the city and either. mailed or. delivered to each household in the city. Subd. 3. Alternative dissemination of bids and requests. (a) In addition to or as an alternative to the statutory requirements for newspaper publication, a political subdivision may disseminate solicitations of bids, requests for informatiori, and requests for proposals by a means authorized in paragraph (b), if the political subdivision simultaneously publishes, either as part of the minutes of a regular meeting of the governing body or in a separate notice published in the cial newspaper, a description of all solicitations or ests so disseminated, along with the means by which the dissemination occurred. (b) A political subdivision may use its Web site or recognized industry trade journals as an alternative means of dissemination. A dissemination by alternative means must be in substantially the same format and for the same period of time as a publication required by this chapter. (c) For the first six months after a political subdivision designates an alternative means of dissemination, it must continue to publish solicitation of bids, requests for information, and requests for proposals in the official newspaper in addition to the alternative method. The publication in the official newspaper must indicate where to find the designated alternative method. After the expiration of the six-month period, an alternative means of dissemination satisfies the publication requirements of law for solicitation of bids, requests for information, and requests for proposals. HIST: 1984 c 543 s 22; 1991 c 53 s 1; 2004 c 182 s 12,13 ==331A.04 331A.04 Designation of a newspaper for official �lications. Subdivision 1. Priority. The governing body of a political subdivision, when authorized or required by statute or charter to designate a newspaper for publication of its public notices, shall designate a qualified newspaper in the following priority. Subd. 2. Known office in locality. If there are one or moxe qualified newspapers, the known office of issue of which are located within the political subdivision, one of them shall be designated. Subd. 3. Secondary office in locality. When no qualified newspaper has a known office of issue located in the political subdivision, but one or more qualified newspapers maintain a secondary office there, one of them shall be designatcd. Subd. 4. General circulation in locality. When no qualified newspaper has its known office of issue or a secondary office located within the political subdivision, then a qualified newspaper of general circulation there shall be designated. Subd. 5. Other situations. If a political subdivision is without an official newspaper, or if the isher refuses to publish a particular public notice, matters ired to be published shall be published in a newspaper designated as provided in subdivision 4. The governing body of a political subdivision with territory in two or more counties may, if deemed in the public interest, designate a separate qualified newspaper for each county. Subd. 6. Exception to designation priority. (a) Notwithstanding subdivisions 1 to 3, the governing body of a political subdivision may designate any newspaper for publication of its official proceedings and public notices, if the following conditions are met: 1) the newspaper is a qualified medium of official and 1 publication; (2) the publisher of the newspaper furnishes a sworn statement, verified by a recognized independent circulation auditing agency, covering a period of at least one year ending no earlier than 60 days before designation of the newspaper, stating that the newspaper's circulation reaches not fewer than 75 percent of the households within the political subdivision; (3) the newspaper has provided regular coverage of the proceedings of the governing body of the political subdivision and will continue to do so; and (4) tYie govc�rni_ng body votes unanimously to designate the newspaper. (b) If the circulation of a newspaper designated under this subdivision falls below 75 percent of the households within the political subdivision at any time within the term of its designation as official newspaper, its qualification to publish public notices for the political subdivision terminates. Subd. 7. Joint bidding. A bid submitted jointly by two or more newspapers for the publication of public notices must not be considered anticompetitive or otherwise unlawful if the following conditions are met: �1) all of the qualified newspapers in the political subdivision participate in the joint bid; (2) the �xisi=ence of the joint bid arrangement is disclosed to the governing body of the political subdivision before or at the time of submission of the joint bid; and (3) the board is free to reject the joint bid and, if it does, individual qualified newspapers do not refuse to submit separate bids owing to the rejection of the joint bid. HIST: 1984 c 543 s 23; 2003 c 59 s 1; 2004 c 182 s 14 ==331A.05 331A.05 Form of public notices. Subdivision 1. English language. Al1 public notices shall be printed or otherwise disseminated in the English language Subd. 2. Time of notice. Unless otherwise specified by a particular statute, or by order of a court, publication of a public notice shall be as follows: �a) the noti.ce shall be published once; (b) if the notice is intended to inform the public about a future event, the last publication shall occur not more than 14 days and not less than seven days before the event; {c) if the notice is intended to inform the public about a past action or event, the last publication shall occur not more than 45 days after occurrence of the action or event. Subd. 3. Type face. Except as otherwise directed by a particular statute requiring publication of a public notice or by order of a court, a public notice shall be printed in a type r�o smaller than six point with a lowercase alphabet of at t 90 points. Larger type faces may be used. Subd. 4. Title or caption. Every public notice shall include a bold face title or caption in a body type no smaller than brevier or eight point referring to the content of the notice. Larger type faces may be used. Subd. 5. Local options. The governing body of a political subdivision may, to better inform the public, increase the frequency of publication of a public notice beyond the minimum required by a particular statute. It may use forms and styles for the notice as it deems appropriate, including the use of display advertisements and graphics. In addition to publication in the newspaper required to be designated under section 331A.04, it may publish or disseminate the notice in other newspapers and by means of standard and electronic mail. Regardiess of whether a particular statute specifies "legal notice," "public notice," "notice," or uses similar terms, the governing body may use whatever form for the published notice that it deems appropriate in order to adequately inform the public, subject to the requirements of sections 331A.01 to 331A.11. Nothing in the foregoing provisions of this subdivision shall require the governing body of a political subdi_vision to use the options described. Subd. 6. Conflict of laws. Nothing in this section 1 invalidate or affect any statutory or charter provision sing additional or special qualifications for publication of particular notices or proceedings. Subd. 7. Errors in publication. If through no fault of the political subdivision, an error occurs in the publication of a public notice, the error shall have no effect on the validity of the event, action, or proceeding to which the public notice relates. Subd. 8. Notice regarding published sumcnaries. If a political subdivision elects to publish a summary of the political subdivision's financial statement or proceedings as authorized by other law, it must include with the published summary a notice stating that a copy of the full version of the financial statement or proceedings other than attachments to the minutes is available without cost at the offices of the political subdivision or by means of standard or electronic mail. HIST: 1984 c 543 s 24; 1997 c 56 s 1; 2004 c 182 s 15-19 ==331A.06 331A.06 Rates for publicatiosi. Subdivision 1. Maximum rate. The maximum rate charged for ication of blic notice shall not exceed the lowest classified rate paid by commercial users for comparable space in the newspapers in which the public notice appears, and shall include all cash discounts, multiple insertion discounts, and similar benefits extended to the newspaper's regular customers. Subd. 2. Rate increases. Notwithstanding subdivision 1, r:o newspaper may increase its rates for publication of public notices by more than ten percent per year, as compared to the maximum rate actually charged by the newspaper in the previous year for publication of public notices, and in any case the new rate shall not exceed the rate ribed in subdivision 1. Nothing in this section shall be rpreted to mean that such an increase is required. Subd. 3. Rate from competitive bidding. When the governing board of a political subdivision awards a contract for the publication of public notices based on competitive bidding, the rate established by the competitive bidding shall be the rate charged for publication of the public notices. Subd. 4. Publication at legal rate. When a statute refers to publicatiori of e: public notice at the legal rate the maximum rate shall be as provided in this section. Subd. 5. Multiyear publication contracts. Notwithstanding other law, a political subdivision may enter into multiyear contracts with a qualified newspaper for publication of the political subdivision's public notices. No multiyear contract may be for a term longer than three years. HIST: 1984 c 543 s 25; 1985 c 174 s 2; 1994 c 465 art 2 s 18; 2004 c 182 s 20,21 ==331A.07 331A.0� Affidavit of publication. No compensation shall be recoverable for publishing a public notice in any newspaper unless the bill is accompanied by an affidavit of the publisher of the newspaper or the publisher's designated agent, having knowledge of the facts, stating that the newspaper has complied with all the requirements to constitute a qualified newspaper. The affzdavit must set forth the dates of the month and year and the day of the week upon which the public notice was published in the newspaper. The affidavit must also include the publisher's lowest classified rate paid by commercial users for comparable space, as determined pursuant to section 331A.06. HIST: 1984 c 543 s 26; 1993 c 48 s 7; 2004 c 182 s 22 ==331A.08 331A.08 Computation of time. Subdivision 1. Time for publication. The time for publication of public notices shall be computed to exclude the first day of publication and include the day on which the act or event, of whi�-'r: rioti.ce is given, is to happen or which completes the full period required for publication. ubd. 2. Time for act or proceeding. The time within h an act is to be done or proceeding had or taken, as prescribed by the rules of procedure, shall be computed by excluding the first day and including the last. If the last day is Sunday or a legal holiday the party shall have the next secul.ar day in �•:�hich to do the act or take the proceeding. Subd. 3. Publication of proceedings. Notwithstanding other statutory publication requirements, if the governing body of a political subdivision conducts regular meetings not more than oric� every 30 days, the governing body need not publish the meeting minutes in the official newspaper until ten days after the proceedings have been approved by the governing body. �iIST: 1984 c 543 s 27; 2004 c 182 s 23 ==331A.09 331A.09 Publication oa Suaday or holiday. Any public notice may lawfully be printed in a newspaper published on a Sunday or holiday. Any notice that, by law or the order of any court, is required to be published for any given number of weeks may be published on any day in each week of the term, and if published as many weeks and as many times in each week as required by the law or order, it is a lawful publication. HIST: 1984 c 543 s 28; 2004 c 182 s 24 ==331A.10 331A.10 Change of name or discontinuance of newspaper. Subdivision l. Change of name. When a public notice is required or ordered to be published in a particular newspaper and the name of the newspaper is changed before the publication is completed, the publication shall be made or continued in the paper under its new name with the same effect as if the name not been changed. The proof of the publication, in addition to other requirements, shall state the change of name and specify the period of publication in the newspaper under each name. Subd. 2. Discontinuance. When a newspaper ceases to be published before the publication of a public notice is commenced, or when commenced ceases before the publication is completed, the order for publication, when one is required in the fi.rst instarice, may be amended by order of the court or judge, to desigriate another newspaper, as may be necessary. If no order is required in the first instance, publication may be made or completed in any other qualified newspaper. Any time during which the notice is published in the first newspaper shall be calculated as a part of the time required for the publication, proof of which may be made by affidavit of any person acquainted with the facts. HIST: 1984 c 543 s 29; 2004 c 182 s 25 ==331A.11 331A.11 Application. Suk>di.vision 1.. Application. Sections 331A.01 to 11 apply to all political subdivisions of the state. Subd. 2. Notices excluded. Sections 331A.01 to 331A.11 do not apply to notices required by private agreements or local laws to be published in newspapers, unless they refer expressly or by implication to this chapter or to particular provisions of this chapter. HIST: 1984 c 543 s 30; 2004 c 182 s 26,27 ==331.A.12 331A.12 Web site publication of local transportatioa RFP. Subdivision 1. Definitions. (a) The terms defined in this subdivision and section 331A.01 apply to this section. (b) "Web site" means a specific, addressable location provided on a server connected to the Internet and hosting World Wide Web pages and other files that are generally accessible on the IriLernet a17 or most of the day. Subd. 2. Designation. At the meeting of the governing body of the local public corporation at which the governing body must designate its official newspaper for the year, the governing body may designate in the same manner publication of transportation projects on the local public corporation's Web site. Publication on the Web site may be used in place of or in addition to any other required form of publication. �ach year after designating publication on the Web site for transportation projects, the local public corporation must publish in a qualified newspaper in the jurisdiction and on the Web site, notice that the local public corporation will publish any advertisements for bids on its Web site. Subd. 3. Form, time for publication same. A local public corporation that publishes on its Web site under this section must post the information in substantially the same format and for the same periad of time as required for ication in an official newspaper or other print publication. Subd. 4. Record retention. A local public corporation that publishes notice on its Web site under this section must ensure that a permanent record of publication is mainta=i.ned in a form accessible by the public. HIST: 1Sp2003 c 19 art 2 s 56 Please direct all comments concerning issues or legislation to your House Member or State Senator. For Legislative Staff or for directions to the Capitol, visit the Contact Us page. General questions or comments. November 15, 2005 ne�spapers City of Brooklyn Center City Council 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear City Council Members: The Brooklyn Center Sun-Post would like to be considered for designation as the legal newspaper fiur the City of 6ru�kiyn Center for the year 2006. All published legal notices are posted on our website (www.mnsun.com) at no additional charge. This is an enhancement to the local news coverage already available on the Internet and will broaden the readership of your legal notices. One of the main benefits of publishing your legal notices with the Sun-Post is our home delivery. Sun Newspapers has become the primary source of community news in the suburbs. Your notices in our paper have the best chance of being seen and read. We would like to continue working with you, therefore, we will not be making a rate change for the oming year. The rate structure for legals effective January 1, 2006 will be: 1 column width: $14.30 per inch for first insertion $7.15 per inch for subsequent insertions Our columns are 14 picas wide There are 11 lines per inch Two notarized affidavits on each of your publications will be provided with no additional charge. The deadline for regular length notices is 2:00 p.m. the Thursday prior to publication. E-mailing the legal notices is an efficient and accurate way of getting the notices to us. The e-mail address for the leaal department is legals@mnsun.com. We still accept notices on disk, faxed or through the rna�l. !f you require more information to make your decision, please contact me or Mary Ann Carlson, our Legal Representative, at 952-392-6829. Thank you for considering the Sun-Post as the official newspaper for the City of Brooklyn Center in 2006. We appreciate the opportunity to serve the needs of your community. Sincerely, Jeffrey Coolman ice President and Group Publisher 10917 V�,�,E� Vr��� R0.�1D EDEN PI2t�IRIE O MIlVNESOTA 553� 95�-8�9-0797 O F�: 95�-9�1-3588 C e rt i f i ed Au d i t Newspaper Audit Report MINNESOTA SUN PUBLICATIONS Wednesday o f C i r c u! a t i o n s E D� p�� ��EpIN COUNTY} T�TNESOTA TOTAL AVERAGE CIRCULATfON FOR THE TWELVE-MONTH PERIOD ENDED JUNE 30, 2005 TYPE OF PUBLICATION: Community Newspaper CONTACT INFORMATION: FREQUENCY: Weekly 10917 Valley View Road LOCA'TION: Eden Prairie, Miunesota Eden .Prairie, Minnesota 55344 PUBLISHED BY: Minnesota Sun Publications Tel: (952) 392-6835 ESTABLISHED: 1912 Fax: (952) 941-3588 Jeff Coolman, V'ice-President, Gen�eral Manager Herb Hesse, Circulation Director C i rculatian Data Sun Sun Sun Sun Sun Sailor t Curtent-C CumeM-0 Post Focus To4a1 Total To4al Total 1A. Tatal Average Circulatan, Dishibution A. Paid 1) Home Delivery 2) Mail SuHscripRions 121 02 67 0.1 100 0.2 187 0.2 3) Singfe Copy Sales 146 0.2 16 81 0.1 59 0.1 26 0.1 EmF� S� Newspaper i� Educafion 6� Bulk Paid Circulation 0 4 0.1 181 0.3 146 0.3 26 0.1 B. Ott�er Paid 1) Hor►te Delivery 1,6Gi 2.7 425 0.5 2.301 3.4 1,558 3.1 12 2) Single Copy Sales 3) Nevvc.,paper in Education 4) �rmt sale.4 Bulk Tatal Othef Paid 1,663 27 425 0.5 Z,301 9.4 1,558 3.1 1? Total Paid 1,930 3.1 508 0.6 2,482 3.7 1,704 3.4 38 0.1 C. Unpaid Distribution 1) Home Delivery 55.641 89.4 83.691 99.0 58,811 86.6 44.851 90.0 48,938 90.3 2) Mail 3) Residential Bulk 4�525 �2 6,091 9.0 3,070 6.2 4) Non-Residential Bulk 165 0.3 318 0.4 536 0.7 215 0.4 5,244 9.6 Total Unpaid Distribifion 96.9 84,009 49.4 65�t38 96.3 48,136 96.6 54,182 99.9 D. Total Disiribution sZ,261 100.0 84,517 100.0 67,920 100.0 /9,840 100.0 54,220 100.0 See paragraph 2 for publication names. 2A. Breakdown of average circulation and distribution (item 1) by publication SUN-SAILOR NEWSPAPERS Single VoIJ Unpaid Non. Paid Copy Other Total Home Res. Res. Total Total Mail Sales Paid Paid Deliven( Bulk Bulk Unpaid Distr. Excelsior/Shorewood 10 16 225 251 5,592 140 5,732 5,983 West Minnetonka 22 7 239 268 5,949 90 71 6,110 6,378 East Plymouth 12 19 507 538 5,452 447 5,899 6,437 West Plymouth 12 23 40 75 10,610 658 11,268 11,343 Hopkins 16 17 93 126 3,924 748 24 4,696 4,822 St. Louis Park 20 11 372 403 11,154 1,268 12,422 12,825 Wayzata 23 36 156 215 4,497 210 30 4,737 4,952 East Minnetonka 6 17 31 54 8.463 964 40 9.467 9.521 Total 121 146 1,663 1,930 55,641 4,525 165 60,331 62,261 SUN CURRENT NEWSPAPERS-C. Single Vol./ Unpaid Non. Paid Copy Other Total... Home Res. Res. Totai Total Mail Sales Paid Paid DeliverX Bulk Bulk Unpaid Distr. South St. Paul/Inver Grove Heights 18 63 81 14,361 100 14,461 14,542 West St. Paul/Mendota Heights 10 68 78 9,479 9,479 9,557 Lakeville 7 18 25 9,690 9,690 9,715 Eagan 8 1 53 62 16,565 16,565 16,627 Burnsville/Savage 11 15 113 139 18,926 175 19,101 19,240 Apple Valley/Rosemount 13 110 123 14.670 43 14.713 14.836 Total 67 16 425 508 83,691 318 84,009 84,517 SUN CURRENT NEWSPAPERS-D, Single Vol./ Unpaid Non. Paid Copy Other Total Home Res. Res. Total Total Mail Sales Paid Paid DeliverX Bu(k Bulk Unpaid Distr. dina 40 8 458 506 14, 907 1,163 92 16,162 16,668 Richfield 20 20 526 566 8,483 1,088 180 9,751 10,317 Bloomington 30 37 1,187 1,254 23,547 3,080 220 26,847 28,101 Eden Prairie 10 16 130 156 11.874 760 44 12.678 12.834 Total 100 81 2,301 2,482 58,814 6,091 536 65,438 67,920 SUN-POST NEWSPAPERS Single Vol./ Unpaid Non. Paid Copy Other Total Home Res. Res. Total Total Mail Sales Paid Paid DeliverX Bulk Bulk Unpaid Distr. Brooklyn Center 9 26 276 311 fi,874 255 7,129 7,440 Brooklyn Park 45 17 281 343 18,043 751 100 1$,894 19,237 633 10 246 955 115 11,316 11,949 New Hope/Goltien Valley 16 1 616 Crystal/Robbinsdale 17 't9 385 417 9.688 1.109 10.797 11.214 Total 67 59 1,558 1,704 44,851 3,070 215 48,136 4s,g40 �SUN-FOCUS NEWSPAPERS Single Vol./ Unpaid Non. Paid Copy Other Total Home Res. Res. Total Total Mail Sales Paid Paid QeliverY Bulk 8ulk Unaaid Distr. Blaine/Spring Lake Park 6 1 7 16,002 903 i6,905 16,912 Columbia Heights/Fridley 10 7 17 18,096 1,140 19,236 19,253 4 9 14 840 751 45, 571 15, 600 Moundsview/New Bri hton/St. Anthon 5 9 Y 4 2. 55 2 450 2.450 5 Ramse Count 5 Y Y 38 48 938 5,244 54,182 54,220 Total 26 12 i �Acmhcr $�f1Q City Council Agenda Item No. 7d Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DESIGNATING DEPOSITORITES OF CITY FUNDS WHEREAS, Section 7A 1 of the City Charter provides the City Council with authority over City funds that includes the safekeeping and disbursement of public monies; and WHEREAS, Section 7.10 of the City Charter provides that City funds shall be disbursed by check bearing the actual or facsimile signature of the City Manager and City Treasurer. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota as follows: 1. That Wells Fargo Bank NA is hereby designated as the depository for funds of the City of Brooklyn Center 2. That the following named bankers and brokers are hereby designated as additional depositories to be used for investment purposes: Federal Reserve Bank of Minneapolis Bremer Bank U.S. Bank, N.A. Minnesota Municipal Money Market Fund (4M Fund) Minnesota Municipal Money Market Plus Fund (4M Plus Fund) RBC Dain Rauscher Smith Barney Inc. Morgan Keegan Company, Inc. Morgan Stanley TCF Bank Legg Mason Wood Walker, Inc. Chandler Asset Management UBS Financial Services The City Treasurer is hereby authorized to deposit funds in accounts guaranteed by the Federal Deposit Insurance Corporation (FDIC), the Securities Insurance Protection Corporation (SIPC), successors of the FDIC or SIPC or other governmental institutions insuring the safety and liquidity of public monies. Funds deposited with designated depositories in excess of the insurance limits available through FDIC, SIPC or its successor institutions shall be covered by collateral in the form of government securities held in the City's name or other collateral proposed by the institution and approved by the City of not less than 110% of the value of the uninsured deposits. RESOLUTION NO. 3. That Heartland Payment Systems is hereby designated as the clearinghouse for credit card sales at the Brooklyn Center Liquor stores. 4. That U.S. Bank N.A. is hereby designated as the clearinghouse depository far credit card sales at the Earle Brown Heritage Center. 5. That Chase Merchant Services, LLC is hereby designated as the clearinghouse depository for credit card sales for the Recreation Department and the Centerbrook Golf Course. 6. That the City Council authorizes the City Manager, the City Treasurer, or the Deputy City Treasurer to act for the City in all of its business activities with these designated depositories. Januarv 9, 2405 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. City Council Agenda Item No, 7e Office of the City Clerk City of Brooklyn Center A Millennium Community MEMORANDUM TO: Michael J. McCauley, City Mana er FROM: Sharon Knutson, City Clerk �y DATE: January 4, 2006 SUI3JECT: Resolution Appointing Michael J. McCauley as Director and Jiin Glasoe as Alternate Director to the Board of Directors of Hennepin Recycling Group In 1988 the City Council authorized the City of Brookiyn Center to participate in the joint powers group know as the Hennepin Recycling Group, along with the cities of Crystal and New Hope. Article TV. Sections 2 and 3, of the joint powers agreement require the governing body of the City to annually appoint a representative and alternate to the Board of Directors of Hennepin Recycling Group. The attached resolution designates Michael J. McCauley as Director and Jim Glasoe as Alternate Director. Attachment �6301 Shingle Creek Parkwa Recreation and Communit Center Phone TDD Number y y Brooklyn Center, MN 55430-2199 (763) 569-3400 City Hall TDD Number (763) 569-3300 FAX (763) 569-3434 FAX (763) 569-3494 www. cityo fbrooklyncenter. org Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPOINTING MICHAEL J. MCCAULEY AS DIRECTOR AND JIM GLASOE AS ALTERNATE DIRECTOR TO THE BOARD OF DIRECTORS OF HENNEPIN RECYCLING GROUP WHEREAS, the City Council passed Resolution No. 88-24 authorizing Brooklyn Center's membership in a joint powers group known as the Hennepin Recycling Group with Crystal and New Hope to irnplement joint recycling progams; and WHEREAS, the joint powers agreement requires the governing body of the City to annually appoint a representative and alternate to the Board of Directors of Heimepin Recycling Group. NOW, THEREFORE, BE IT RESOLVED by the City Couneil of the City of Brooklyn Center, Minnesota, that Michael J. McCauley be appointed to represent the City of Brooklyn Center as Director and �Jim Glasoe be appointed as Alternate Director of the Board of Directors of Hennepin Recycling Group. Januarv 9. 2006 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. City Council Agenda Item No. 7f Office of the City Manager City of Brooklyn Center A Millennium Community MEMORANDUM TO: Mayor Kragness, Councilmembers Carmody, Lasman, Niesen, and O'Connor FKOI�L• Michael J. McCauley, City Manager DATE: January 4, 2006 SUBJECT: Resolution Recognizing the Contributions of Ethnic Populations and Heritage Celebrations As part of the City Council's goal of inclusiveness, one of the aspects was to recognize the various ethnic populations and their contributions as well as heritage celebrations. The proposed resolution, identical to the resolution adopted last year (Resolution No. 2005-04), would implement that Council policy by an inclusive list of celebrations and contributions in one resolution. We have avoided adopting individual resolutions, while wishing to participate in an inclusive fashion in recognizing the various ethllic and 1leritage celebrations that occur during the year. By adopting this resolution, the City acknowledges these many events that occur throughout the course of the year. �6301 Shin le Creek Parkwa Recreation and Communit Center Phone TDD Number g y y Brooklyn Center, MN 55430-2199 (763) 569-3400 City Hall TDD Number (763) 569-3300 FAX (763) 569-3434 FAX (763) 569-3494 www.cityofbroohlyncenter.org Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION RECOGNIZING THE CONTRIBUTIONS OF ETHNIC POPULATIONS AND HERITAGE CELEBRATIONS WHEREAS, the City Council has established a goal to promote the inclusion of all residents in Brooklyn Center's community life by emphasizing opportunities to include all residents in the community's activities and plans; and WHEREAS, the City Council recognizes that its cultural composition has changed significantly over the past decade, with its ethnic population one-third of its total population; and WHEREAS, Brooklyn Center is strengthened by the rich cultural diversity of its people, and welcomes individuals of all races, religions, and cultural backgrounds; and WHEREAS, many ethnic populations have played central roles in some of the most triumphant and courageous moments in history; and v'tal contributions ethmc o ulations WHEREAS, the City Council recognizes the i p p have made to the strength and diversity of our community and recognizes their rich legacy of ingenuity, perseverance, and achievement; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Broaklyn Center that the following heritage celebrations and all other heritage celebrations reflected in Brooklyn Center's population are recognized for the purpose of encouraging our citizens to learn more about the history of ethnic populations and how they have contributed to the culture and heritage of our community: February African American History Month March Irish-American Heritage Month March 25 Greek Independence Day April 14 Pan American Day May Asian/Pacific American Heritage Month May 2-9, 2004 Jewish Heritage Week May 17 (Syttende Mai) Norwegian Celebration of Liberation June 6 Swedish National Day September 15-October 15 Hispanic Heritage Month October 6 German-American Day November American Indian Heritage Month RESOLUTION NO. Januarv 9. 2006 Date Mayar ATT�ST: 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. City Council Agenda Item No. 8 Appearance Jonette Zuercher Northwest Hennepin Family Serviees Collaborative Project Coordinator Presentation an Helping Us Grow (HUG) home visiting program and the Youth Connections program that the Robbinsdale Redesign and the Northwest Hennepin Family Services Collaborative (NWHFSC) are working on together. The Robbinsdale Redesign developed HUG several yearsago and last year the NWHFSC funded expansion of HiJG into Broaklyn Center. This year, through work done by Melodie Hansori, the program is reaching the entire northwest Hennepin area all of the cities served by the Redesign and the NWHFSC. The two collaboratives are atso partnering on the Youth Connectians program. What �s HUG2 HUG stands for "Helping Us Grow." Helping Us Grow is a free, community-based, home visiting program created to: Welcome our newest community members Support new parents and families Share information on early brain development Who is eligible for HUG2 Families who are expecting, adopting or have recently had a baby, and who reside in the north and west suburbs of Hennepin County. Those cities include; Brooklyn Park, Brooklyn Center, Champlin, Corcoran, Crystal, Dayton, Golden Valley, Hopkins, New Hope, Maple Grove, Medicine Lake, Osseo, Plymouth, Robbinsdale, and Wayzata. �What does HUG of�'er2 1► Reassurance 1► Information r Support 1l Including: Home visits provided by a nurse or Early Childhood Family Education (ECFE) specialist Parenting information connections to community resources One-on-one support and assistance with special needs Library Dinners Story Time and other programs related to healthy development and school readiness of children Gifts to promote bonding and literacy All at no cost to the family! To learn more about HUG, or to arrange for a home visit, call 763-504-4983 or by e-mail at: robbinsdalehug@comcast.net Para recibir mas informacion en Ingles, por favor haga que una persona que hable Ingles se ponga en contac to con nuestro coordinador HUG en e1612-210-T81 o por e-mail a robbinsdalehug@comcast.net Helping Us Grow 6200 West Broadway I Brooklyn Park, MN 554`Z8 I 763-504-4983 I robbinsdalehug@comcast.net Year-to-Date 2005 through 12/15/05 Brooklyn Center HUG Birth Data Total Visits, 141 or 29% OBHC, 77 or 84% s s �I. Total Births, 487 ECFE/Inter., 64 or 45% Year-to-Date 2005 Brooklyn Center HUG Birth Data 487 500 450 400 350 300 250 200 141 or 29% 150 77 or 55% 64 or 45% 100 50 0 Total Births Total Visits OBHC ECFE/Inter. Year-to-Date 2005 through 12/15/05 Brooklyn Center HUG Births by District Robbinsdale #281 21% Osseo #279 37% Anoka Hennepin #11 17% Brooklyn Center #286 25% City Council Agenda Item No. 9a Office of the City Clerk City of Brooklyn Center A Millennium Community MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk ��vf.dV(_ DATE: January 4, 2006 SUBJECT: An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (Easterly of Brooklyn Boulevard Between I-94 and 69th Avenue North) At its Deceinber 12, 2005, meeting, the Brooklyn Center City Council tabled An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (Easterly of Brooklyn Boulevard Between I-94 and 69th Avenue North) until the final plat has been filed and approved. Since the final plat has not been filed, it is recommended to table adoption of this ordinance. Attachments 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 (963) 569-3434 FAX (763) 569-3494 www. cityo fbrooklyncenter. org CITY OF BROOKLYN CENTER Notice is hereby given that a public heanng will be held on the 12th day of December, 2005, at 7:00 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an Ordinance Amending Chapter 35 of the City Ordinances regarding the zoning classification of certain land (easterly of Brooklyn Boulevard between I-94 and 69 Avenue North). Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763-569-3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONIl�IG CLASSIFICATION OF CERTAIN LAND (EASTERLY OF BROOKLYN BOULEVt�RD BETWEEN I-94 AND 69TH AVENUE NORTH) THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section L Chapter 35 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 35-1190. COMMERCE DISTRICT (C2). The following properties are hereby established as being within the (C2) Commerce District zoning classification: ����,.oa T.,ra c, o, �.r,. �ns i. „�+�-,e i; b th o�� o,-f., i,,,o f r��� i�t„-,.,,,.�, n�i o,,,,,.:�o na„r,... n aa;*;,,,, o.,�o.,aoa N��N��� u �;ro *ko n� D_T �e:�9 1 .t �i �a r +t,,.,,,,,,�, n �i,.,.�. „a r,,,-�;,,,, �.,.,,..,*oa� ��,w ���rwgi,s�ered-�� tr��e�-��e�?� 'T'�• n von;��o„oa ��-a,,,..,o., �.r� i n v T«..,..t� A.,.,.a 72 D a..; �*o.- T.,,-,.a C,,,-..o.. RT., �i 11LLVlJ l l T,-.,..+ A D o,T; ��e,-o.7 T.,,-..a C,,,-�>o.. T�T., G^7 i� zt �S �c£��STCr� ORDINANCE NO. T�,�, r.,,-� .,�T 3, <�e:'� °;����e�r--A�e-�S r�.��e�c-��� �ino „f Co..+;.,,, 2�. �l,o.,..o o�� ..1,...�. 1'.-, 71 1♦ 1on ^7� F o+ +L,o 1;,-,0 .�-r� �.�v ..,v., raf' C'o..�;.,., '2� �l.o o��o.-l.r 1;,,.0 ,.f'T �L,,,,,,,,,, ,,,,,,tl....�,..F,,,-t.. ,.1,_« ..'.a o�+0,-1., 1;,-,0 w «�v v j.. �Q +L. ..v .-fl� o�+ 1 .,7., ;,7 0�♦ 1 1; tL. .-fl� 1' 4' C' 2 t .'vocvii j-' Section 35-124Q. PLANNED LJNIT DEVELOPMENT DISTRICT (PUD). Tl�e following properties are hereby established as being within a(PUD) Planned Unit Development zoning classification: 4. The following properties are designated as PUD/C2 (Planned Unit Development/Commerce): Lot 1, Block 1. Chrvsler Realtv Addition Lots 1 and 2, Block 1, Bri Mar 2nd Addition Section 2. This ordinance shall become effective after adoption and upon thirty days following its legal publication. Adopted this day of 2005. Mayor ATTEST: City Clerk Date of Publication Effective Date (�l�ee� indicates matter to be deleted, underline indicates new matter.) i Ci Council A enda Item No. l0a �Y g MEMO To: Michael J. McCauley, City Manager From: Ronald A. Warren, Planning and Zoning Speci ist Subject: City Council Consideration Item Planning Commission Application Na 2005- 018 Date: December 28, 2405 On the January 9, 2006 City Council Agenda is Planning Commission Application No. 2005-018 submitted by Spiritual Life Ministries requesting a Special Use Permit and Site and Building Plan approval to establish a Bible College and for site and building plan approval for a?,583 sq. ft. addition to the Spiritual Life Church, 6865 Shingle Creek Parkway. Attached for your review are copies of the Planning Commissian Information Sheet for Planning Commission Application No. 2005-018 and also an area map showing the location of the property under consideration, various site and building plans for the proposed development, the Planning Commission minutes relating to the Commission's consideration of this matter and other supporting documents. This matter was considered by the Planning Commission at their December 15, 2005 meeting and was recommended for approval. It is recommended that the City Council, following consideration of this matter, approve the application subject to the conditions recommended by the Planning Commission. Application Filed on 12-Ol-OS City Council Action Should Be Taken By 1-31-06 (60 Days) Planning Commission Information Sheet Application No. 2005-018 Applicant: Spiritual Life Ministries Location: 6865 Shingle Creek Pkwy Request: Special Use Permit/Site and Buiding Plan Approval The applicant, Marcus Blue on behalf of Spiritual Life Ministries, is seeking a special use permit to establish a bible college and site and building plan approval to construct 7,583 sq. ft. upper floor additions to the existing Spiritual Life Church facility at 6865 Shingle Creek Parkway. The intended purpose of the additions is to house and accommodate a bible college providing adult religious education for 200 to �SO persons. The property in questions is zoned C-1 (service/office) and is bounded on the north by Shingle Creek Parkway; on the east by Xerxes Avenue and a two story office building; and on the sauth and west by an extension of Freeway Boulevard. Educational uses including post secondary schools, business schools, trade schools and the like, but excluding public and private elementary and secondary schools (K-12) are listed as special uses in the C-1 zoning distriet per Section 35- 320, Subdivision 3d of the zoning ordinance. The Spiritual Life Church was granted site and building plan approval for a 900 seat church by the City Council on June 9, 1997 under Planning Commission Application No. 97006. Approval for an approximate 7,000 sq. ft. addition to the church for a fellowship hall and meeting room was granted by the City Council on September 24, 2001 under Planning Commission Application No. 2001-019. The current plan is to add upper level additions to the southeast corner of the building (5,855 sq. ft.) and on the north side of the building (1,728 sq. ft.). The southeast addition will be for five classrooms serving the Bible College, restrooms, storage, stauways and corridors. The north addition will be for eight offiees. The applicant is not proposing to make any site changes other than the upper level building expansions. The church was planned with a possible expansion in mind and the current expansion will not affect existing improvements. The expansion approved in 2001 reviewed and verified compliance with existing zoning ordinance requirements for site improvements. Most of the improvements were provided with the 1997 original building plans. ACCESS/PARKING Access to the site is unchanged and is gained from Xerxes Avenue on the east side of the site and two access points from Freeway Boulevard. The parking requirement for the church is based on seating capacity. One parking space for every three seats is required. Nine hundred seats were 12-15-OS Page 1 indicated on the original plan which required 300 parking spaces. The plan suhmitted with the 2001 addition showed 299 parking spaces which will accommodate a seating capacity of 897. The seating capacity of the church is a little over 600. The 299 parking spaces is sufficient for the current capacity of the church and no additional parking is necessary. The 200 to 250 students to be accommodated in the Bible College plus staff and existing day time or off peak uses can also be accommodated by the existing on site pazking and no pazking conflict is anticipated. GRADING/DR.AINAGE/UTILITIES No site revisions are proposed with respect to grading, drainage or utilities for this expansion. The church when it was originally built in 1997 received Shingle Creek Watershed Management approval for a water retention plan including two ponding areas. No new modifications are required because the expansion will not increase the ixnpervious area on the site. The Public Works' Director has been advised of the proposed modifications and has indicated that no additional reviews would be necessary. Utilities to the site already exist and would be rnodified to accommodate the expanded areas. LANDSCAPING No modifications or changes to the landscaping are proposed with respect to this addition. The landscape point system required 3921andscape points for this site and were provided. Landscaping on the site appears to be sufficient and no additional landscaping should be required. BUII.,DING The building exterior for the proposed additions will be a rock faced concrete masonry unit colored to match the existing building. The floor plans show the location af five classrooms in the southeast portion of the addition and relocated or new offices in the north addition. SPECIAL USE PERMIT STANDARDS Pastor Joseph Fornara on behalf of Spiritual Life Ministries has provided a letter addressing the speeial use permit standards contained in Section 35-220 of the zoning ordinance (copy attached). He notes that they are seeking the expansion to the church and the establishment of the bible college in order to enhance their ability to better serve the community through adult religious edueation. He adds that they are achieving theu expansion and improvements to the present property within the foot print that is already established which can serve to add to the value of the property which surrounds the church. Additionally, he points out that the special use envisioned will not impinge in any way upon development or improvement of surrounding property or any uses that might be permitted in the district. He further points out that the additional acrivity will take place during hours which are not overlapping or which immediately proceed or follow church service hours and that the parking spaces allotted for the property exceed any possible need created by the special use. 12-15-OS Page 2 The standards for special use permits require that the proposed special use promote and enhance the general public welfare and not be detrimental to or endanger the health, safety and welfare of the public; not be injurious to the use arid enjoyment of other property in the immediate neighborhood nor substantially diminish or impair property values; not impede the normal and orderly development of surrounding properties; be designed so as to minimize traffic congestion on the public streets; and conform with applicable regulations of the district in which it is located. We believe that the standards for special use permits can be met in this situation given the information provided and the site plan that has been submitted. A public has been scheduled with respect to this special use pernut and notices have been sent to surrounding property owners. RECOMMENDATION We believe that the application is in order and would recommend approval subject to the following conditions: 1. The building plans aze subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Any altered grading, drainage or utility plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. The building additions are to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the city ordinances. 4. The applicant shall provide appropriate erosion and sedirnent control devices on site during construction as approved by the city Engineering Department. 5. The special use permit is granted for a bible college within the meaning of an educational use as provided for in Section 35-320, Subdivision 3d of the City's zoning ordinance. Any change in this use not comprehended by this application or permitted under the zoning ordinance will require approval of an amendment to this special use permit. 6. The special use permit is subject to all applicable codes, ordinances and regulations and any violation thereof shall be grounds for revocation. 12-15-OS Page 3 ��3,.eR." 4 '�5� Y �r�- '`y���� �"*�na .A f� �rA, ,�?'�`F e i 3 -.1 S C t��' T ..E' `vi 3 kN �s^ 4 2 `e` fp -r t a� "'a�f s *3� p s t,. t y a aE �tw o "'v�' ��.i p ,e;i r.�. rr 3 e �-,�s u. f� t 3 g ��$b a r "y� z y t x s �,�t'� 1 `r. s'," 4�y J k s 'r t I a �e �n x �v 4 a3„��� c a sf+i d� f t ^v. n" ,s' 3 x v, �i iW���� i h `4� a�' �vr�°.,y ��r q °A• ::'�,�`'��.w *.,t.yrc. 1 ��U" s t ,�,s� ,.I k �3.-� s S tSP�w�. ,�y�^ fi��� a"�*'� �"'a'. "i��raz� t Y, �e,� t i,'+a,r (�i^*, 4!��� f��'"��, �r ..�m �.a ��s,, �K' a ;a�s"��s" �f t,�� l -.Y S�� ...i� ��c i y `m£s iz� a "'�s.. r 7ns'�' N h,. r,� t. k� r•w, -�z"�}� r s:a t Y 4 _�4 e x„� �r r-.�� *t r„ ",�w,� a k �Aw y �a ��e�zz����� t Y"M+;' t ti s g J r� i^ i �-t E x i. ,i f v� i f �t..� t�° x 1 T a i�� ,.°1 u R ^x .s, ��s +;:t x_� t r 'r,�, �j� ''w r 5 au a+ �`�.`s S�� z Y+v 9 �k "�P"" '"*,5` i f�5' a �T q s r a y t s .f' b t 4 %fi:�� �2G s' .a Fs a x y �Ly '�+'a fi ;�i t, a�ns +r a x r 3 •9� �-X� p r» s Y �k M ?���d���� r�o.�u* �w r �a �a r 4 y Y 75 Y i 5 3 x,� x F'� na�i i 1 �m E k 4s, a ��Y ��a .1 k Xa s �s v n 1 �b a �g r e ,P P Y ,�""c N �g�� �,��f e ��y�� '�'^a»:a �s� E y �,'r s 7��a� �36 t i .a� s�"�3�i l t c�. 7� sti..�, ���,d �`g ,s ��`�,l�`a 5° 3.t�" i a ��k °s�{ T'" c p s' kr s �a y� ro s 4 j „a 2 A 3 k "S' ^s` �e� f F t u f �a$"W p� Yi. f+ �f +��"'-I r w�� 4 k y. o £"�w J a v d'�z a g" 3 �x�� ���s�;, Pi b V t 1 w w E i P s'� f do� �m e� ;a fi th+e a' r,9 �3 d .a a 3 s� a�,,�q k Hv 7�� f:; Ya� M+..}' i X_ �i�s•� x e` .f a �,�q� 4'.k' 1 f J i �,L �y 4 a '�`i`id� xl t +4 ``�,s ���'^�a ^`g' e.�''� ��e 7 o-s 'r�""'� c� �e r� e.�� f t �'#'a j t� a r �."^,�,,,,'+."e y �i t E �,g:�' +e ^�u i a 'f j r bt d s k 'Y,`r r v _r x •,�y,F� •.i d �y� s �rf �'3.. c m k .e. j� x1 r )f f ^t p i j q .r r s r r�' S �.w,� �'i ,�Rk'�" k t f i. F �r"*� �,a e r �5 e, r .e r e .'rn� t „t�s'' +e '�.�r- ,�c t S a y s R� �M,., �.^a Pr�`�'""'�"`,� Y�"� k x �t`-g �4 p P .¢+..r, 'S b� 3.�' e.. d r� f �`'�a �i '�s .3'�w� ^°,.s t c �h'� s g J 3 I' y x �r i �.*g� z� 4 K g��� s r j� �t, Ew� q_ p w� k }r x e '4 J It*., c ,c`,r m b v t a ir J` f a 7 'ft. r x �x� h.. �u a �4 Cf -r� a t` s i' r s 3,.v �_'g,� -k �+�5.y� sF�.�'., �t f�""k i t j f i r<.. t�-��4` ��s. z �a�s rr i a s t 3 y W�� „�e;�..� fl �J J X 4. �A i,� f ��k �n g, r,r� k��s 92 k �a �r �t 'S �t� �s. y a y a r s."� t� w k�t .a_ e�t f e �i ,i� r Z !r� 3S� F j �y :i ^S a 3:;� y -��re., "4%: aF t; y��" .ro :.�si N��S��1��1/1��� I���i ■�����/�//IM//�' �T����l ����������1� 1�� r��� �����r�� ���i�� N� r���r� ��te 11� ��,��►�I� E` ar� r y. u g ,bs F Y j b' i j r' �i r� 7 ti I I J '��h.. �nY� -i; r c ti r t� t ,+ry ��y,. r 7 1 +sf G r� r� a f.i�� 1 i p ti ,�1 �I�� x .P T r�' ��j +rr rr ;a a. •r�. I i rr r �II ��'ir: :,;i„+i i��j���'� 4i n �+t�„�r rr r r� ��9 r�/ �,r r r� �4�i' "r;,'.' L �'.'�i ■��i rr ii ii �r r►�*� r a■i� ���ir��` �rr �r� f ��r`�J± 1ir 1 A ,,r' r�1 i� 1 /�I ':ii ��r`ar �i�� `1������ ��r ii r���'1� ��j�e �a ♦E n �E,, ♦At;1 u �1 ���i '1///� �if-a 1ly�' r G �i �i�� a��'� r►� rr�a �i�i�� ,r.� ,�n,� r�"= �1, ,y' �,R,� /I!r t� �'�r r� �rr r Ri� rr �rr �s:� �1� ��a� r�� �r� ar �r r� �r 1�1 �r ��r �r ii �r /11 u ■��..�Ir ..1 �MI/ December 1, 2005 Spiritual Life Church Spiritua( Life Training Center Covenant Life Ministerial City of Brooklyn Centet Organization Planning Cominission Dr. Judy E. Fornara Pastor To the Planning Commission: Joseph F. Fornara w are seeking a special use permit from the city of Brooklyn Center in Pastor order to enhance our ability to better serve the community through adult religious education. This will act to underwrite and build upon the moral and ethical standazds which already exist within our community. As our purpose is best achieved in conjunction with improvements to the present property within the footprint already established, it can only serve to add to the value of the propeity which surrounds it. Additionally, the special use envisioned will not impinge in any way upon the development or improvement of any surrounding property for any uses that might be pennitted in the district. It will not be necessary to expand the footprint of the structure withi.n which this special use is to take place. Therefore, there is no restriction to either the ingress or egress from the pazking area which surrounds the present structure. Since the special use envisioned takes place during hours which are not overlapping or wluch immediately precede or follow church service hours, the parking spaces presently allotted to the property faz exceed any possible need created by the special use envisioned. We respectfully submit ourselves to conform to all applicable regulations of the district within which this special use is to take plaee. Sincerely, 6865 Shingle Creek Parkway ��i�+wr..�/ Brooklyn Center, MN 55430 Pastor Joseph Fomara, in behalf of TEL: 763-560-7221 Spiritual Life Ministries AY: 763-560-1564 ��'orldwide Web: ww�v.spirituallifeministry. org SPIRITUAL LIFE CHURCH ADDITIONS 'C �C 'D' O 1M M E C 0 N i R A C T O II A II C N I T E C T M 0 1 M E[ It f► 1 R 1 i tl A L L 1 f L A 11 R 0 M l A Y i f T II 0 N C N U R C N C O N t T N U C T I O N e x i T t c T t N C i N[[ I I I N 6 C O Y Y E R C I A L P L A N R E V I E■ F O R C O O E G OMPLIANCE pi5 SpinpN CmY ►erk�ar nso c�a A..�u. 13lA NE UneNn 51. Ii2! 9lbr YxMrlvl Hry. lAOklyn QMx, YN SS�]0 Wq2alo, MN 55]91 Nam lak�, YM SSJO! Mminta Npb.. YN SSI I! K L A Y►[ i ►henn 763-155-131/ IMn�: {31-{S�-f155 Y� V Y l Y ♦�^'r� M II C M 1 i[ C i 7 IhaM: 767-Sf0-7121 /hsm: OS7-q]-Wi7 L woln �w�w �.r� ar. w t o.� r31� i+ Conlocl: Tora Ni.nep�r Cenloel: l�ml� Shoh r_f CenbN: Yorew Blu� L mr No ua aC b ra. ar rw r'-f l fM� YW. w� R�W ��u) ec u.rn ar MR1CAltL CmEl4 p4���7iY w r�.urvar C i mnw��ms oor¢ e..a t�r. r� 1� �A O�w •t rwn[ti a�m�anot i �wo me� u�`.. �{--5�3'F--a�. c..o. oa.n. m si ur n�s.i r.�w..+w��m�inv� s�ieu. r�r.r..�•tRw�l w�:.�° iuiN+MOaan mur u.�.i �.rc owa �sr at.vs sm w+ �o•(••� a�+ns c sc awiu un amam sm w. L t �nautc�a �rawrx PU m ur. i r� a.r YDNC C h�t W�.l PM�1 �.a m. s '••v.a� ..wn� ♦CV!/dVlw[I@�10�OMi�R410 iOR�i/YO�t.Ki�aN1� SA/NGLS CRBBX PARX1'AY r wr� a r aar r� r. r r a'r. r. ar LO� awrrrr.r.�w�4� uam.a/rm.a.aaas ��S O f W M�� ��1 �YI r o.rr r� �A ��YM 1� Iti iN! LL OOI OGlr110O AK MYIl1 LLYYIIb�Y�Y�f1��M/+�II•MMW r. 7 A11� �S a os d r ��i.,+��+o�c sisw hY Mir� 14. :�u�.e�i.n'-.�.i..a..rf.....d '�=.ru...�no::....tw.r.w r,�rw�wwtirr a.ars+..�rr.n i r ��r.r r.�r. �r �!(��wr 4�. c�irai •�-IOI//4-YO 6�ARli M M O�M M�4iti ��1 Y� Y�O 11tiY1R110 -1r►f���Y O irw K�0-IYY�Y�YM -y� �IYll .�f O� s. "�.,s w a.+ V e u ►..�s r�ii�l I I ��.R� 'w:: j a�+�lca��rw...+uwrr• T .k 1 J I I a�b..roaw.w��ro �.w�+r�r�::r�r.r V w'°'n' r-r l an.c..�. i... �ua"�"uoW`e`�': �r 'O W 6�� w y n...r �.r w r .rt. r� y„ Nf-r /1�fJ M111V�Y{ rr�rrtaR+�w.. J U r 9� I �trrrr4l�*W �irwm�oawKraU O 71 r.�.�+.��o.rw.srr LY�I6LIO�wY 1 i �a w..° �.a 1 �o= p m a,, y �.o. a cc .w �6 rd a�r.e+.nu..+�`p�r.mq N C �r �.rw /m ...rr .�w �..w. •.rr rr ar/� ww.. �oo .r �w�aw u n� i t i im �ar +�M ._.w'� >C h ar i`r or rw w�n1 r. r .�ry r�r. N.�""'°" lo�� f+:r"..."'w:o.°i'..w....... �y...�.,.. i I I 0 1 W� v �IR snA m►w ow�. wu a /II7CY�M n �rrir. �w f� Mw tir r�y iw. P r a u 11 a.�,....a.� I v.�,�,�..o..,d.� �Z. swnt amt 1an A iar� ��M Yst 0� �liu L. �C N1� p.yw .m w `41 r w ir ��G j I ..�.m �,��...w...,..w `�.�..��s.w..'..rw..r...�a.�• 11RM�Rq ..��_��.��.��.y�_ �ii �w�r�ar�rM�rr-q 1 I x maA�! miw�no� sa�[ ra trn. o.ar OR arl a.arr .0 nwwu� nur+a �'�'ia�i �rr r rr r.r. r In[ f�YR O� �In O�Q OflOI/�LLC 11.�- fR6SIIAY BLVD. m�..na�s ooa.o�o .s .on...e ro x SrtE PLAN i no�... N I I .aa �w na w wm �ow CODE COMPIJANG� ::o aw+nui o�aa.a�.�s �o �.�ior.�+os�. sM.t wlms. wwl�l[t bIOF�1 iosa6 �ri icx r�w�[- 1M 1 .o.� x�rw�iccr�ns van� MaqM ew,w v `a "`s 1O m�w. �c*a�i °1 1 TT PI.AN �R A1 LL �o-r Rapc/ Na 050723-2 EAi 1 �q'p LAYIERi �`�i •�cMi*ccta iwr ic w.r u.. f E70T f roia�m�muve tl w.�+ou� f �r 8 �s�;�,., i� ,o.a.. 8 a�;- i M I IIII,1k��/�;//;� OLr�IOR V PlnA p'4 l I a� E7G7 fu�i 7� C i M-I O Ew� L i J J V a i crr�ia Q �a d a a k N �ilMt y MM MW�r.4 �OMSII COUA 6.' osw w.� w� m a� o+w M LLN4 Is�IP[�� YQ1�i��0O1 ltaa� Y[4 r RM t t p,C i 1 w l� 1 5�_____ EIOT EXRNG R/1N E70T 3nN1 MumOw R4 A 1.1 Ref�el Na MG773-3 ,..r �r-e� srs �r-a xsr r��a�' rr r r r i =�a 9 p y 1f r-• �a� �i 4 K:+"� v y, 4 a h a a ��3 �.i F a ��l I v-r o 6��� T n.r r-s �-r i p R i q 8 O g C eX 4 p y 11 W ppp �r� il� g ti 1 IIY 9� o y� �J q cF k A�� J, e k p a a y n-r as-r ar-r y �9 g I I ��I�I��I�{� 9 p,4 p y�ld ii 9 T O I I O O( O� o-r �.s v..r rX ra r.v r r� r-r r-r r-r r< r-r -a r_a- ..�3 R w nn� 1er�s mr n .ar 1 r-r r-r 1�4'='�; I I T s� A 9� z I 1 a ��^f`�� a a.�, �1{ r J i �j�k�.t w.� v+' I r.r�l va vr' p �aa r ��c��� �I A... �e v Y� y.r r r-r i 4� 3 A �t=i xo A a� �x� 7 a r Z ��b��" �����E"�> l: ������j ���i��� 9 ��,k ���I#'r p f�i r� �E�� o���: '���t� �y�9 r r n-r• ar-ar w� r y£$ 6 y� Y l r- r-r I S� i f' Q a r-r ���L 0 r�_._ P S A i rt K7' �o ri� b r a �Y T t o �itj ���tee ��ip� m� O j 8 4 aR I �t �E .,_r g Q ;i K a6 I ,�,r 1�, A x v� F ���.t: +G! q a oe Y Y ��1' N' a a r E e ir r a 4 �€�t i ���3� s�' B z a ��a� 6 R ��w a i��1 a�i� P y i�� x €i g q w��� "+c i a f �7 xr.a drt ��lwA f A' �r „A a Proposed Additions 'C' 'D' �s�i�� i��a��� �i a SPIRITUAL UFE CHURCH N �ook�� ��,t�►, M��ou I exmNC v��N I .�v .m.�., m� �i ��.o,."�'�.� ,vv.r..� +ns� sw.c r� 11 II C N I�f�C�C S b w o PtK a..��urr r �"�rh ta�l) R 1MMn �hM� G/L W O WfSR�j IMw u�i� wwiw.w4 �{'-rP p1tn0 p1RIML NW�LCt (�11IRJ111�! pO4 1 �qr I 1 �I-__-_,,., i �S�tW[��04 MYO�vYI'w L t N iH VA�TON aooc �sa.w .°`i:° rt a� 1 d'- �`"�-v.� .eorei r I I d i oiw� V r:-.-:. Y l�F i C J___il_"___"'i 1.__L__'_"______'___""___' O �1 I J' 1 ta�w�oo��a U J TM v�n� H 'p m �IiR.aaeK...uomo_, d J IOW101[�fIMW1YlY0YKWO k s mOli4 MO �Omlt O A M1fY M IIAM1 e� \i 4 O �TM Y w 0 IQ IWI y t� L LJ �__=]L___=___'______""_____'____'_L__'__"_� T VA mra o.+�+�x �a� e r..� a ar OaY' H LLNL Y�II �1� W� IYii�� G pQOq� �601v1I1 u -�,..�1 Lyim 1 en�YV f.¢ 1 rftOYl IYY{C ROOt �0 S !Nm �N WM m- m.n'a Rcanoo.wa �owno� v i asrn .::::.:r— RFVA .��Iw l Snwl NumOw JJ__-���_�_�_1_����___�__���_JC=�S_���3___�J_�_��J R A T FVA7K7N A �••-r Vro}cl Ns 030739-3 ZiLLOCO 'N1 1a�e4 w .7. NOLL1001� O NOLL M NOLLIq(T/ O NULL M l .7. NULLIU� �SLNW1 MOV FfJl17 O LL VM i t /VW�N IwVS C i .LJ. sHOU�3s rnM •_..�..r ;..r. z :s: z --�a3}� 1NT 4 riW IOt M �C 1�/Mill Yw�nY VtW 1 Y �1YI�sLM N wac�r�sw� ao a an araa� aa� wua�--� n� Q I Y I I 0�7 A r /i//l//i�'i'/bl a o r* iii m O� n m j k,'d :..o �...°o J �¢sen S C �,,.y waw s.�o JtS^�_�_ y d j�n- nw... air+�. mw� r.wu wa �x Y A w�s Ymv vaawi ar�.o t�su� �y� I fV� —a ion.w.m 2 7C� 9WMO 1O1M1 Y 1 �ItlVYIM.I A fi�6/ p4L0 1�11NM1 lr 111�wnw �Y101W Y IWlvaN �IOi �YA�10� �p lY M MOLLY�Y q m4]iw w'CI j �Q fSA0Y1 �i01 a �..�..e �",a av.. rrr� m�ii� i� ir °O" y��' ru�w�a�ar�� i��a nrma u� w ta o erru .t/� ��s� su�wio arru �t/� i u� wim m�v�iia .�+e �a�+ -wm nYdmr n� n� nmm w�r+nsx.t 4 Eb f o.�. 4 s ��r.... W.W�. luv w� mi a t�v .w arm wrvw no��a��rv wwnrw� aa.�w ll a�an J miui�w� e�d Y ����y_�� "9�Wf7� Y �awns us amvauimian.an so. ,w .rn omar imns pa� ui no x f �n i�eani a �vs�a�� i �i�w awq �n.w a t 1 1 Y I 7 1 1 11 Y l v aa oMir�i� ww 4o..oa •w �ar 1 O° 0 na w�as aoax wnnim wn �--su�it wuw T4vW1�1�1 L1�Y91VIMA tl14W l�/ U'l0 MI� U1�s m laol OOm 1rbLY M11� a1�Y� I�WC�1' �!A r.e` a-K �r-r �r�r �R Q i f I i i �i r� 'i� g u. t� i 9il g�� i G ,e: i i j o A� w r �c ���8 g ;I o S .9 �(F� B t y 6� ����X Af. I E a ��i ��G���� a� .cn us ..r-r i i C B i a �a 1 i �i i !j i' �i �4� �i a y i �I 8� �1 y 1 I S I R A i a ii i� ii Itt i s-� aiw� i i 1 ii x-r I ti ii i i r ra i i i 4 i' r i� T i; S� i� i i ii i i 1 r— il 11 I 11 II 1 I B Proposed Additions 'C' 'D' a� �i�� ii�d��� x�� SPIRITUAL LIFE CHURCH z� g i �►�i�� y,. Y &ookl�m Center, Mimesota M� n...� .,,�y r 1lX� V-f i �e a� �9 a qE "A� dd 7 i r.. ��a a R i j� J �f t •-�T R r 7� ��w. r a �r -r a i ss p 4 x y i° •-t' z �g E a g L s g .b i i 'j g A i i i 'I i i I q s a n j 9 i 6.Hf.Y f rX r� f-II VY If f�� N� I�I M1I I I__ iM ry 1 l. Y� t _�,����I t o.,,...,. E ,n��:{ R�= f i i F_ R j� i i �3�i i p I L d I "F L J J I t I i 2 I N'y' I n .'�r 1 �T� I 1 Z 1 1 1 p I I N I 1 I E �A I L S y 1 I i i i i }���E i A N'M IA' t�Y I VH 'Ea�� aay AI1� B f11 O 1 �t� �F� 1 2 2� 9� M g apB j tl �S 1 I f E �F;�3 aA e� �E �c? y k{�� r"� �a ,8 ��3�E F ti Z i J �a �RE a �=�t x y M r Y M N M M Y M Y M Y Y e��e�e te i Bae �e t 06 t x' �i� 1 ���d�r a I 1�9 s�� t ��,a �4 6 a� .��a�a�� k���� e 1 Q�� j .e.���� ���R� �aa �p�� a�:���� x i� t�� 4 4 q t����� p �i �a} g i �p���$� �j� ���e s �a� A 1� 9�� y �j y� a A t A Ai f F r E A 9 1 i�° .t i�� e �6i 1���t�� 1�1�� �1�j� f a ;i 9 R :A ��3 ���R a� n: q �Ap'e k, ����fi �e a� �d t� a t i. `r r �E�� o i y����@ x i! �c�E�F� i°Q 0 R a "t A g c:trs �rr =-t� ����i 4 r E �p 1��� a p a a A A i �l �l ii �ii z ir Proposed Additions 'C' 'D' p �i ������1�� n' t SPIRITUAL LIFE CHURCH r Y A� &ookl�m Center, Mkw�esota j��;�j� G City of Brooklyn Center Special Use Permits Section 35-220 2. Standards for Suecial Use Pennits A special use permit may be granted by t�e City Council after demons�atian by evidence that aIl of �e following are me� a The establishment, maintenance or operation of the special use will promote and enhance the general public welfaze and w�l not be dehimental to or endanger the public health, safety, morals or comfort� b. Tho special use w�l not be injurious to the use and enjoyment of other property in the immediate viciaity for the purposes already permitted, nor substantially diminish and impair 1�P�Y values within the neighborhood. c. The establishment of the special use will not impede the nornial and orderly development �d improvement of surroundiag Property for uses permitted 'm the district, d. Adequate measures have been or will be taken to provide iagress, egress ,�nd parking so designed as to minimize traffic congestirnn in the public streets. a 'Ihe special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. 3. Conditions and Re,atrictions The Planning Commission may recommend and the City Council may impose such conditions and restrictions upon the establishment, loeation, consiruction, maint.�nance and operation of the special use as deemed necessary for the protection of the public interest and to secure compliaace with requirements speeified 'm this ordinance. In all cases in which special nse permits are granted, the City Coimcil may require such evidence and guarantees as it may deem necessary as part of the conditions stipulated 'm connection therewith. 4. Resubmission No applic�tion far a special use permit which has been denied by the City Council st�all be resubmitted for a period of twelve (12) months from the dafie of the final det�smination by the City Counc�; pccept that the applicant may set forth in writing newly discovered evidence of change of condition upon which he relies to gain the consent of the City Cotmcil for resubmission at an earlier time. 5. Revocation and Extension of Suecial Uso Permits When a special use permit lias been issned pursuant to the provisions of this ordinance, such permit shall expire without fiuti��r action by the Planning Commission or the City Coimcil unless the applicant or his assigaee ar successor coaimences work upon the subject property within one year of the date tha special use permit is granted, or unless before t6e expiration of the une year period the applicant shall apply for mi extension thereof by filling out and submitting to the Secn�tary of the Planning Commissioa a"Special Use Permit" application requesting such extension aad paying aa additional fee in an amount as set forth by the City Counc�l ttsolution. Special use permits granted pursuant to the provisions of a pr�or ordinance of Brooklj�a Carter shall expire within one year of the effective daie of this ordinance if construction upon the subject properij+ pursuant to such special use permit has not commeuced within that tima. In any instancc where an existing and established special use is abandoned for a period of one eyar, the special use permit related thereto shall expire one year following the date of abandonmeat MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION DECEMBER 15, 2405 CALL TO ORDER The Planning Commission meeting was called to order by Chair Willson at 7:32 p.m. ROLL CALL Chair Tim Willson, Commissioners Graydon Boeck, Rachel Lund, Rex Newman, and Sean Rahn were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Rebecca Crass. Commissioner Tim Roche and Eric Berns were absent and excused. APPROVAL OF MINUTES NOVEMBER 17, 2005 There was a motion by Commissioner Newman, seconded by Commissioner Lund, to approve the minutes of the November 17, 2005 meeting as submitted. The motion passed unanimously. CHAIIZ' S EXPLANATION Chair Willson 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 recornmendations to the City Council. The City Council makes all final decisions in these matters. APPLICATION NO. 2005-018 SPIRITUAL LIFE MINISTRIES Chair Willson introduced Application No. 2005-018, a request from Spiritual Life Ministries for Site and Building Plan approval and a Special Use Permit to establish a Bible College and construct a 7,583 sq. ft. upper floor addition to the existing Spiritual Life Church facility at 6865 Shingle Creek Parkway. The addition will house and accommodate a Bible College providing adult religious education for 200 to 250 persons. The church was planned with a possible future expansion and will not affect existing improvements. Mr. Warren presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 12-15-OS for Applieation No. 2005-018, attached.) Commissioner Lund asked for clarification on the hours that the classroom instruction will be conducted. Mr. Warren responded that the applicant has indicated that classes would be held during the week, not on weekends. 12-15-OS Page l PUBLIC HEARING APPLICATION NO. 2005-01$ There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to open the public hearing on Application No. 2005-018, at 7:48 p.m. The motion passed unanimously. Chair Willson called for comments from the public. Pastor Joseph Fornara, 6865 Shingle Creek Parkway, asked for the Commission's consideration and ho ed for a favorable review. He ex lained that this venture is a natural out awth of their p P ministry, one that would grow laxger over a period of time. They have been accepted by the Association for Biblical Higher Education, however, to be approved by the Department of Education and receive accreditation as a four year Bible College, they must have their building plans available and be ready to build immediately. Commissioner Boeck inquired as to what specific standards qualify this facility as a college. Pastor Joseph Fornara responded that the school will receive national accreditation under the Department of Education. He further explained that the school itself is a training center and they have been teaching the Bible for 29 years. Spiritual Life Ministries discovered that accreditation associates were looking into what they did for quality and whether certain standards were being met. He added that under the accreditation standards there are requirements as to how many professors they have with certain degrees, certain hours of classroom instruction and other standards. This process follows that they will in time become a four year accredited college. Commissioner Lund asked about the proposed school's accreditation. Pastor Fornara responded that they have been accepted for accreditation by the Association for Biblical Higher Education and further explained that most classes will be held in the evening or on Saturday mornings and there will be no conflict with classes interfering with church services. Commissioner Lund asked about meals for the students. Pastor Fornara stated that meals would not be provided to the students. Pastor Judy Foranara, 6865 Shingle Creek Parkway, introduced herself and explained that about 20 years ago Spiritual Life Ministries started their training process. She added that ane of the requirements for the accreditation process was that they must build and maintain a library within the building. She noted that Spiritual Life Ministries is currently a feeder prograrn for other four year programs since they currently only offer a two year program. This will allow them to offer the four year program to students and they anticipate government funding for the student's tuition through this program. Mr. Marcus Blue, representative of the church, stated that he has worked on the previous construction of the church structure and explained that they plan to continue with the existing exterior look and architecture. No other persons from the public appeared before the Commission during the public hearing on Application No. 2005-018. 12-15-OS Page 2 CLOSE PUBLIC HEARING There was a motion by Commissioner Newman, seconded by Commissioner Lund, to close the public hearing on Application No. 2005-018, at 8:02 p.m. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2005-018 SPIRITUAL LIFE MINISTRIES There was a motion by Commisszoner Boeck, seconded by Commissioner Rahn, to recommend to the City Council that it approve Application No. 2005-018, submitted by Spiritual Life Ministries for a Special Use Permit to establish a Bible College and Site and Building Plan approval for a 7,583 sq. ft. addition to the Spiritual Life Church, 6865 Shingle Creek Parkway subject to the following conditions: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance af permits. 2. Any altered grading, drainage or utility plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. The building additions are to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the city ordinances. 4. The applicant shall provide appropriate erosion and sediment control devices on site during construction as approved by the city Engineering Department. 5. The special use permit is granted for a bible college within the meaning of an educational use as provided for in Section 35-320, Subdivision 3d of the City's zoning ordinance. Any change in this use not comprehended by this application or permitted under the zoning ordinance wilt require approval of an amendment to this special use permit. 6. The special use permit is subject to all applicable codes, ordinances and regulations and any violation thereof shall be grounds for revocation. Voting in favor: Chair Willson, Commissioners, Boeck, Lund, Newman, and Rahn. The motion passed unanimously. The Council will consider the application at its January 9, 2006 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. 12-15-OS Page 3 OTHER BUSINESS 2006 PLANNING COMMISSION MEETING SCHEDULE Mr. Warren discussed the proposed 2006 Planning Commission rneeting schedule with the Commission and pointed out some dates that might be changed due to conflicts. He added that he would keep the Commission informed of any changes to the meeting schedule. Commissioner Rahn posed a question regarding the 7:30 p..m. Planning Commission meeting time. There was discussion by the Commission regarding the meeting tirne. There was a motion by Commissioner Lund, seconded by Commissioner Rahn to change the Planning Commission meeting time to 7:00 p.m. k Voting in favor: Chair Willson, Commissioners Lund, and Rahn. Voting against: Commissioner Boeck Abstaining: Comrnissioner Newman The motion passed. There was no other business. ADJOURNMENT There was a motion by Commissioner Newman, seconded by Commissioner Lund, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:25 p.m. Chair Recorded and transcribed by: Rebecca Crass 12-15-OS Page 4 City Council Agenda Ttem No. lla Cit o Brookl n Center Office of the City Clerk y f y A Millennium Community MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk DATE: January 4, 2006 SUBJECT: Resolution Expressing Recognition and Appreciation of Members Who Have Served on City Commissions The attached resolution recognizes the public service of citizens who have voluntarily served on the City advisory commissions and have either resigned as commission members during 2005 or terms expired. Certificates of Appreciation will be presented to each person attending the meeting. Attachinent 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number Broohlyn Center, MN 55430-2199 (763) 569-3400 City Hall TDD Number (763) 569-3300 FAX (763) 569-3434 FAX (763) 569-3494 w ww. cityo fbrooklyncenter. org I Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF MEMBERS WHO HAVE SERVED ON CITY COMMISSIONS WHEREAS, several citizens have voluntarily served on City Commissions; and WHEREAS, their public service and civic effort far the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, their leadership and expertise have been greatly appreciated by the Brooklyn Center Commissions; and WHEREAS, it is highly appropriate that each member's service to the community should be recognized and expressed. NOW, THERE�ORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the dedicated public service of: Donna Allard, NWHHSC Advisory Commission 02/28/OS-07/26/OS Mary Barrus, Housing Commission 04/22/02-03/09/OS Eric Berns, Planning Commission 06/27/OS-12/10/05 Craig Hauger, Park and Recreation Commission 12/08/03-03/15/OS Rex Newman, Planning Commission 09/09/96-12/31/OS Lawrence Peterson, Financial Commission 10/25/93-12/31/04 Dianne Reem, Planning Commission 02/22/93-06/16/OS Earl Simons, Financial Commission 08/23/04-12/31/OS is hereby recognized and appreciated by the City of Brooklyn Center and staff is directed to prepare individual certificates of appreciation for each commission member. Januarv 9, 2046 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. City Council Agenda Item No. llb Office of the City Clerk City of Brooklyn Center A Millennium Community MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk k��'�q/� fl DATE: January 4, 2006 SUBJECT: Mayoral Reappointments to City Advisory Commissions Several commission member terms on City advisory commissions expired December 31, 2005. Prior to term expiration, City staff liaisons to the commissions polled the members whose terms would expire to determine their interest in continuing serving on their respective commissions. Mayor Kragness sent a letter to the City advisory commission chairpersons requesting input regarding participation and attendance of these members. Mayor Kragness talked with each of the chairpersons, and they responded that they would recominend reappointment of the commission members. Attached is a memorandum from Mayar Kragness indicating her nominations. Also attached are the procedures for filling commission vacancies adopted by the City Council on March 27, 1995. Materials regarding the commissions are attached, including a table that indicates the geographical distribution by neighborhood of the current members of the commissions and an attendance record of the commission members for 2005. Recommended Council Action: Motion by Council to ratify Mayor's reappointments to commissions with terms expiring as follows: Financial Commission term to expire 12/31/2008 Housing Commission term to expire 12/31/200$ Park and Recreation Commission term to expire 12/31/2008 Planning Commission term to expire 12/31/2007 NW Suburbs Cable Communications Commission term to expire 12/31/2006 Watershed Commissions term to expire 12/31/2008 Attachments 6301 Shingde 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 w ww. cityo fbrooklyncenter. org Office of the Mayor City of Brooklyn Center A Millennium Community MEMORANDUM TO: Councilmembers Canmody, Lasman, Niesen, and O'Connor FROM: Mynia Kragness, Mayor DATE: January 4, 2006 SUBJECT: City Advisory Commission Reappointments As outlined in our policy for filling commission vacancies, I would request ratification from Council Members for the reappointinent of the following persons: Financial Commission Donn Escher 3107 65th Avenue North Housin� Commission Judy Thorbus 6265 Brooklyn Drive David Johnson 3500 Admiral Lane Park and Recreation Commission Bud Sorenson 6901 Toledo Avenue North Richard Theis 3006 Thurber Road Plannin� Commission Rachel Lund 4502 58th Avenue North, #301 Timothy Roche 816 69th Avenue North Northwest Suburbs Cable Communications Commission Rex Newman 3107 61st Avenue North Watershed Comrr►issions 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430-2199 (�63) 569-3400 City Hall TDD Number (763) 569-3300 FAX (763) 569-3434 FAX (763) 569-3494 www.cityofbrooklyncenter.org City of Brooklyn Center Procedures for Filling Commission/Task Force Vacancies Adopted by Council 3/27/95 The following process for filling commission/task force vacancies was approved by the City Council at its March 27, 1995, meeting: Vacancies in the Commission shall be filled by Mayoral appointment with majority consent of the City CounciL The procedure for filling Commission vacancies is as follows: 1. Notices of vacancies shall be posted for 30 days before any official City Council action is taken; 2. Vacancies shall be announced in the City's official newspaper; 3. Notices of vacancies shall be sent to all menlbers of standing advisory coininissions; 4. Applications for Commission membership must be obtained in the City Clerk's office and must be submitted in writing to the City Clerk; 5. The Cit Clerk shall forward co ies of the a lications to the Ma or and Cit Y P PP Y Y Couizcil; 6. The Mayor shall identify and include the nominee's application form in the City Council agenda materials for the City Council meeting at which the nominee is presented; and 7. The City Council, by majority vote, may approve an appointment at the City Council meeting at which the nominee is presented. COUNCIL PROCEDURES ESTABLISHED FOR FILLING COMMISSION VACANCIES Financial Commission The Financial Commission is composed of a chairperson and six members, with members serving a three- year term. On December 31, 2005, the Financial Commission terms of Donn Escher, Earl Simons, and Samuel Tweah expired. Mr. Simons opted to resign his position on the Financial Commission, and Mr. Tweah is unable ta fulfill his service on the Financial Commission. Mr. Escher wish to continue their voluntary public service on the Financial Commission for another three- ear term. NOTE: Notice has been Y posted and published for the vacancies deadline to a 1 is Janua 31 2006. PP Y n' Housing Commission The Housing Commission is composed of a chairperson and eight meinbers, with members serving a three- year teim. On December 31, 2005, the Housing Commission terms of Judy Thorbus and David Johnson expired. Ms. Thorbus and Mr. Jol�nson wish to continue their volunta ublic service on the Housin rY P g Conunission for another three-year term. Park and Recreation Commission The Park and Recreation Commission is composed of a chairperson and six members, with members serving a three-year term. On Decen�ber 31, 2005, the Park and Recreation Commission terms of Bud Sorenson and Richard Theis expired. Mr. Sorenson and Mr. Theis wish to continue their voluntary public service on the Park and Recreation Commission for another three-year term. Planning Commission The Planning Comznission is composed of a chairperson and six members, with members serving a two-year term. On December 31, 2005, the Planning Commission terms of Rachel Lund, Timothy Roche, and Rex I��ew�nan expired. Mr. Newman opted to resign his position on the Planning Commission, but continue on the Northwest Suburbs Cable Communications Commission. Ms. Lund and Mr. Roche wish to continue their voluntary public service on the Planning Commission for another two-year term. NOTE: Notice has been posted and published for the vacancies (Eric Berns also resigned) deadline to apply is January 31, 2006. Northwest Suburbs Cable Communications Commission The Northwest Suburbs Cable Communications Commission is composed oftwo representatives from each participating City, one of which is a representative of the City Council and the other a resident of the city, with members serving a one-year term. On December 31, 2005, the Northwest Suburbs Cable Communications Commission term of Rex Newman expired. Mr. Newman wishes to continue his voluntary public service on the Northwest Suburbs Cable Communications Commission for another year. Shingle Creek and West Mississippi Watershed Management Commissions The Shingle Creek and West Mississippi Watershed Management Commissions are composed of two members, one Commissioner and one Alternate Commissioner. On December 31, 2005, the Shingle Creek and West Mississippi Watershed Management Commission terms of Grady Boeck and Amy Luesebrink expired. Mayor Kragness has not yet made a nomination. City of Brooklyn Center Financial Commission Geographical Distribution (Chairperson and Six Members) Current Members January 4, 2006 Neighborhoods ��plicat�tis Current Members Southeast Robert Anderson Mark Nemec I Susan Shogren Smzth Northeast Samueal Tweah Northwest Robert Paulson West Central Central Donn Escher Southwest One vacancy. City of Brooklyn Center Financial Commission Attendance Tally 2005 Calendar Year Meeting Dates Type Escher Nemec Simons Paulson Anderson Shogren-Smith Tweah 3/16/2005 Regular X X X X X E 5/16/2005 Joint w/Council X X X X X X U 7/28/2005 Regular X X E X X X U 8/15/2005 Joint w/Council E E X X X X U 11/21/2005 Joint w/Council X E X X X X U X Present �I E AbsenUExcused I I U AbsenUUnexcused l I I• City of Brooklyn Center Housing Commission Geographical Distribution (Chairperson and Eight Members) Current Members January 4, 2006 Neighborhoods Applicants Current Members Southeast Northeast Jean Schuster Northwest Stan Leino V4'est Central David Johnson Kris Lawrence-Andersan Central Judy Thorbus Mark Yelich Southwest Three vacancies. Housing Commission 2005 Attendance Thorbus Johnson Schuster Yelich Lawrence-Anderson Leino January 18 Present Absent/Excused Absent/Excused Present Absent/Excused Present February 15 Present Present Present Present Absent/Excused i Present I March 15 Present Present Present Present Present Absent/Excused April No Quorum May 17 E Present Present Present Present Present Present September 20 Present Absent/Excused i Present Present Present Absent/Exeused October 18 Present Present Present Present Absent/Excused Absent/Excused November 15 Present Present Present Present Present Abcent/Excused I I CITY OF BROOKLYN CENTER PARKS AND RECREA TION COMMISSION Meeting Attendance 2005 �Ja�tua Febru� March�A�r„rl::(M,a��June�':Jul J1u.° u'st�`Septernber,...�C)ctober �Na�ertiber (Decernber'' Comm;issianers I I I I I I I �NfA �N/A (N/A �N/A I I I IN/A Bud Sorenson P P P P I P I P P f R. Peterson A P P E E P P Rich Theis �E �P �E (P �P IE �P Craig Hauger �P �E �A �X �X �X �X John Russell IP I IE IP I IA I I IP IP IP I Tom Shinnick �P �P �P �P �P �E �P Gail Ebert �E �P �P �P �P �E �P Muriel Lee �X �X �X �X �P �P �P P Present E Excused A Absent City of Brooklyn Center Park and Recreation Commission Geographical Distribution by Park Service Area (P.S.A.) (Chairperson and Six Members) Current Members January 4, 2006 Park Service Area Applicants Current Members P.S.A. 1 Thomas Shinnick P.S.A. 2 Gail Ebert Roger Peterson P.S.A. 3 Bud Sorenson Muriel Lee Richard Theis P.S.A. 4 P.S.A. 5 John Russell One vacancy. City of Brooklyn Center Planning Commission Geographical Distribution (Chairperson and Six Members) Current Members January 4, 2006 Neighborhoods Applicants Current Members Southeast Northeast Sean Rahn Timothy Roche Tim Willson Northwest West Centrai Rachel Lund Central Southwest Graydon Boeck Two vacancies. Planning Commission 2005 Attendance Tim Willson Eric Berns Graydon Boeck Rachel Lund Rex Newman Sean Rahn Tim Roche January 13 Present Present Present Present Absent/IJnexcused Present February 17 Present Absent/Excused Present Present Absent/Excused Present March 10 Present Absent/Excused Present Present Absent/LTnexcused Absent/Excused March 31 Present Absent/Excused Absent/Excused AbsesntlExcused Present Present Apri128 Present Present Present Present Absent/Enexcused Present May 12 Present Present Present Present Present Present August 11 Absent/Excused Fresent Absent/Excused Present Present Present Present August 25 Present AbsentlExcused Present Absent/Excused Present Present Present September 29 Present Absent/Excused Absent/Unexcused AbsentBxcused Present Present Present October 13 Present Present Present Present Present Present Present October 27 Present Present Present Present Present Present Present November 17 Present Present Present Present Present Present Present City Council Agenda Item No. llc Office of the Mayor City of Brooklyn Center A Millennium Community MEMORANDUM TO: Councilmembers Carmody, Lasman, Niesen, and O'Connor FROM: Myrna Kragness, Mayar DATE: January 4, 2006 SUBJECT: Mayora] Appointments of City Council Members to Serve as Liaisons to City Advisory Commissions and as City Representatives for Other Organizations for 2006 At the January 9, 2006, meeting, I would like to discuss and make appointments of City Council Members to serve as Council Liaisons to City Advisory Commissions and as Council representatives for boards, eommittees, or arganizations in which the City participates. In 2005, Council Members were appointed as follows: Comniission/OrgatiiZation Council Member Financial Commission Diane Niesen Housing Commission Mary O'Connor Regional Human Rights Coalition Kathleen Carmody Park and Recreation Commission Kay Lasman Crime Prevention Program Kay Lasman NW Suburbs Cable Communications Commission Mary O'Connor League of Minnesota Cities Kathleen Carmody North Metro Mayors Association Myrna Kragness Association of Metropolitan Municipalities Myrna Kragness and Mary O'Connor Brooklyn Center Special Events Committee Kay Lasman Earle Brown Days Committee Kathleen Carmody Mpls. Metro North Convention &Visitors Bureau Myrna Kragness North Hennepin Chamber of Commerce Myrna Kragness I would request the Council to ratify the following appointments for 2006: Co�nmissio�z/O�ganization Council Member Financial Commission Kay Lasman Housing Commission Kathleen Carmody Park and Recreation Commission Mary O'Connor Crime Prevention Program Kay Lasman NW Suburbs Cable Communications Commission Diane Niesen League of Minnesota Cities Kathleen Carmody North Metro Mayors Association Myrna Kragness Association of Metropolitan Municipalities Myrna Kragness and Diane Niesen Brookl�m Center Special Events Committee Kay Lasman Earle Brown Days Committee Kathleen Carmody Mpls. Metro North Convention &Visitors Bureau Myrna Kragness North Hennepin Chamber of Commerce Myrna Kragness 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 (963) 569-3434 FAX (763) 569-3494 www. cityo fbrooklyncenter. org City Council Agenda Item No. 11d Office of the City Clerk City o f Brooklyn Center A Millennium Community MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk DATE: January 4, 2006 SUBJECT: Select Presiding Officers Mayor Pro Tem and Acting Mayor Pro Tem Section 2.06 of the City Charter requires the Council to choose from its members a Mayor (President) Pro Tem who shall hold office at the pleasure of the Council and shall serve as Mayor (President) in the Mayor's absence and as Mayor in case of the Mayor's disability or absence from the City. City Council Resolution No. 92-262, Establishing and Designating an Acting President Pro Tem of the City Council, states the most senior Colmci] member shall preside in the absence of both the Mayor and Mayor Pro Tem, and that in the event two or more members have equal seniority, then that member shall preside who received the most votes in their most recent election. Following is a list of Council members by seniority and the votes cast per member in the most recent election. Kay Lasman (elected November 5, 1996; votes in most recent election 5,655) Kathleen Carmody (elected November 5, 2002, with 4,287 votes) Diane Niesen (elected November 5, 2002, with 3,555 votes) Mary O'Connor (elected November 2, 2004; with 5,024 votes) Year 2004 Bob Peppe Mayor (President) Pro Tem KayLasman Acting Mayor (President) Pro Tem Year 2005 Kathleen Carmody Mayor (President) Pro Tem Kay Lasman Acting Mayor (President) Pro Tem For 2006, Mayor Kragness has indicated that she would ask for Council approval of her nomination of Kay Lasman as Mayor (President) Pro Tem. Kathleen Carmody would serve as Acting Mayor (President) Pro "I�em. Attachments: City Charter Section 2.06 City Council Resolution No. 92-262 �6301 Shin le Creek Parkwa r n mmunit Center Phone N m r g y Rec eatzon a d Co y TDD u be Brooklyn Center, MN 55430-2199 (763) 569-3400 City Hall TDD Number (763) 569-3300 FAX (763) 569-3434 FAX (763) 569-3494 www. cityo fbrooklyncenter. org b. A uniform list of initial questions to be asked of all applicants shall be made available to the public and the applicants in advance of interviews. To the extent reasonably practicable, questions asked of all applicants at the interviews shali be uniform. 4. Selection Process. Upon completion of the interview process, the Council may call for a vote to appoint an applicant. Each Council member may cast only one vote for a preferred applicant on each called-for vote to appoint. No vote, which does not result in a majority vote for one candidate, shall result in elimination from consideration of any candidate. Written ballots listing the applicant(s) shall be used. Each Council member's vote shall be recorded. A simple majority of the Council votes shall appoint that applicant to the City Council. 5. If the Council pursues the appointment process but then fails to fill a vacancy within forty-five (45) days from the occurrence of the vacancy, the City Clerk shall call a special election to fill the vacancy. The special election will be held not sooner than one hundred five (105) days and not later than one hundred thirty-five (135) days following the occurrence of the vacancy and to be otherwise governed by the provisions of Section 4.03, Special Elections. If more than two candidates file for the unexpired term, a primary election shall be held. 6. The City shall comply with the Minnesota Data Practices Act in all respects in the collection, management, and dissemination of data on applicants for City Council vacancies. Section 2.06. THE MAYOR. The Mayor shall be the presiding officer of the Council, except that the Council shall choose from its rnembers a president pro tem who shall hold office at the pleasure of the Council and shall serve as president in the Mayor's absence and as Mayor in case of the Mayor's disability or absence from the City. The Mayor shall have a vote as a member of the Council and sha11 exercise all powers and perform all duties conferred and imposed upon the Mayor by this charter, the ordinances of the City, and the laws of the State. The Mayor shall be recognized as the official head of the City for all ceremonial purposes, by the courts for the purpose of serving civil process, and by the Governor for the purposes of martial law. The Mayor shall study the operations of the. City government and shall report to the Council any neglect, dereliction of duty, or waste on the part of any officer or department of the City. In time of puhlic danger or emergency the Mayor may, with the consent of the Council, take command of the police, maintain order and enforce the law. Section 2.07. SALARIES. The Mayor and the members of the Council shall receive payment as set by ordinance. No change in salary shall take effect until the January 1 following the next succeeding general municipal election. The City Manager and all the subordinate officers and employees of the City shall receive such salaries or wages as may be fixed by the Council. City of Brooklyn Center -4- City Charter Last revised 10/20/2004 Member Dave Roseneintroduced the following resolution and moved its adoption: D RESOLUTION NO. 92-262 O Q 0 RESOLUTION ESTABLISHING AND DESIGNATING AN ACTING PRESIDENT PRO TEM OF THE CITY COUNCIL WHEREAS, Section 2.06 of the Broaklyn Center City Charter designates the Mayor as presiding officer of the City Council and a president pro tem who serves as president in the Mayor's absence; and WHEREAS, the presence of three City Council members at a City Council meeting constitutes a quorum; and WHEREAS, it is possible that both the Mayor and the president pro tem may be absent from such a meeting, consequently leaving no designated presider of the meeting; and WHEREAS, the City Council desires to provide for an acting president pro tem who shall serve in the absence of the Mayor and president pro tem. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the most senior Councilmember shall preside in the absence of both the Mayor and Mayor pro tem. BE IT FURTHER RESOLVED that in the event two or more members have equal seniority, then that member shall preside who received the most votes in their most recent election. November 23, 1992 j Date Todd Paulson, Mayor ATTEST: P Deputy C�erk The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen and upon vote being taken thereon, the following voted in favor thereof: Todd Paulson, Celia Scott, Jerry Pedlar, Dave Rosene, and Philip Cohen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. lle City of Brooklyn Center Office of the City Manager A Millennium Community MEMORANDUM TO: Mayor Kragness, Councilmembers Carmody, Lasman, Niesen, and O'Connor FROM: Michael J. McCauley, City Manager DATE: January 4, 2006 SUBJECT: Resolution Declaring Commitment to the Brooklyn Center City Charter Attached is the annual resolution of commitment to the City Charter. I Attachinent �6301 Shin le Creek Parkwa Recreation and Communit Center Phone TDD Number g y y Broohlyn 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 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING COMMITMENT TO THE BROOKLYN CENTER CITY CHARTER WHEREAS, Brooklyn Center voters in 1966 adopted a City Charter creating a Council/Manager form of government; and WHEREAS, said Charter provides that the City Council shall determine all matters of policy, and the City Manager shall be the head of the administrative branch of the City Government; and WHEREAS, the Charter provides that there be no separate administrative boards or co�nmissions other than advisory boards or commissions; and WHEREAS, numerous adviso commissions have served the City since adoption rY of the Charter; and WHEREAS, the Charter provides that the City Manager sha11 control and direct all departments and divisions of the City and shall have the right to take part in Council discussion and shall recommend such measures as deemed necessary; and WHEREAS, the Charter prohibits Council members from dictating the appointment of any person to office or employment by the City Manager except as provided in Chapter 6 of this Charter; and WHEREAS, the Charter requires the Council to deal with and control the administrative service solely through the City Manager and prohibits any Council member from giving orders to any subordinate of the City Manager, either publicly or privately; and WHEREAS, the City Manager is charged by the Charter to see that the City Charter and the laws and resolutions of the City are enforced; and n to ensure that it WHEREAS the Council as a whole also has an obli atio s g u in t of acce table and courteous b s ess is conducted ursuant to the Cit Charter and he norms i p Y P business behavior• and WHEREAS, Council members must depend upon the City Manager and staff to provide them with a great amount o� background information, data, and expertise to aid in deliberating issues, developing policy, and administering the Council's responsibilities; and WHEREAS, the effectiveness of the services provided by the staff is in large part determined by a relationship of trust and mutual respect between the staff and the City CounciL RESOLUTION NO. NOW, THEREFORE, BE IT RESOLVED by the City Council: 1. To rededicate itself to the spirit and letter of the City Charter and to commit itself to ensuring compliance by the City Council collectively and individually with that spirit and letter of the City Charter. 2. To rededicate itself to the checks and baiances of the City Charter that keep City government accountable. 3. To pledge that in its dealings with citizens and City staff, that the City Council will treat such citizens and staff with respect and courtesy. The Council shall deal with staff in accordance with the City Charter through the City Manager. 4. To dischar e its res onsibilities as intended and established b federal, state, g P Y and local laws and the City Charter, and to do so in a fair and impartial manner for the good of the whole City and without regard for personal gain orinterests. 5. To direct the City Manager to place this resolution for re-adoption on the agenda for the first meeting of the City Council each January hereafter, as information and reminder of Council/Manager responsibilities. Januarv 9, 2006 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by mernber 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, City Council Agenda Item No. llf Publish 1-25-06 NOTICE OF PUBLIC HEARING CITY OF BROOKLYN CENTER 2006 URBAN HENNEPIN COUNTY C4MMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Notice is hereby given that the City of Brooklyn Center in cooperation with Hennepin County, pursuant to Title I of the Housing and Community Development Act of 1974, as amended, is holding a public hearing on February 13, 2006, at 7 p.m. or as soon thereafter as the matter may be heard, at the Broaklyn Center City Hall, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota. The public hearing is on the housing and community development needs and the City's proposed use of the estimated 2006 Urban Hennepin County Community Development Block Grant Program planning allocation of $184,910. In addition, between July 1, 2006 to June 30, 2007, it is estimated that no additional program income from previously funded CDBG activities will be available to the City. The City of Brooklyn Center is proposing to undertake the following activities with 2006 Urban Hennepin County CDBG funds starting on or about July l, 2006. Activrtv Bud�et Neighborhood Public Service Projects $27,735 Rehabilitation of Private Property $157,175 For additional information on the priorities, proposed activities, level of funding and program performance, contact the City of Brooklyn Center at 763-569-3300 or the Hennepin County Housing, Community Works and Transit Department of Transit and Community Works at 612-348-9260. The public hearing is being held pursuant to MS 471.59. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763-569-3300 to make arrangements. MEMORANDUM TO: Michael J. McCauley, City Manager FROM: T om Bublitz, Community Development S ecialist P DATE: January 3, 2006 SUBJECT: Resolution Calling For a Public Hearing on Proposed Use of 2006 Urban Hennepin County Community Development Block Grant Funds Hennepin County has notified all cities participating in the Urban Hennepin County Community Development Block Grant (CDBG) program to expect a reduction in the 20Q6 CDBG allocation from the Department of Housing and Urban Development (HUD). At the time of writing this memorandum, Congress has not finalized funding for the 2006 CDBG program. Current estirnates indicate a 10 percent reduction in the 2006 Hennepin County CDBG allocation compared to 2005. Brooklyn Center's 2006 CDBG allocation estimate is $184,910. This amount is based on a county formula for allocating CDBG funds to cities and results in a 7% reduction from the city's 2005 CDBG allocation. Based on final congressional action on the HUD 2006 budget, Brooklyn Center's final allocation could be greater or lesser than $184,910. A summary of the City's last few years of CDBG allocations are as follows: Program Year CDBG Allocation 2002 $234,516 2003 $244,811 2004 $239,029 J 2005 $199,764 2006 $184,910 (estimated) It should be noted that the reduction in CDBG funds to the City of Brooklyn Center was also experienced by the other Hennepin County cities in the Urban Hennepin County CDBG program. The federal authorizing statute for the CDBG program requires that each funded activity meet one of three national objectives: benefiting low and moderate persons, preventing or eliminating slums and/or blight and meeting urgent community needs. The federal statute also specifies that each city receiving funds must insure at least 70 percent of the CDBG expenditures during the program year must be used for activities benefiting very low and low income persons. Each city must meet this requirement at the local level. Based on the 2006 CDBG allocation, meeting the 70 percent requirernent means that $129,437 of the estimated $184,910 allocation must be expended on programs and services directly benefiting low income persons. Low income persons are defined as persons with incomes ranging from 50 percent (very low income) to 80 percent (low income) of the median household income in the Minneapolis/St. Paul metropolitan area as defined by HUD. As an example, a four person household earning $38,500 annually would be defined as a very low income household and four person household at $58,000 income annually is defined as low income based on 2005 data. SUMMARY OF CITY OF BROOKLYN CENTER CDBG PROGRAM RECOMMENDATIONS 1. Allocation of $17,195 for Household Outside Maintenance far the Elderly (H.O.M.E.) program. This project has been part of the CDBG program for eleven years. The H.O.M.E. program provides minor maintenance and repair for persons 60 years of age and older. Services provided include painting, interior and exterior and minor home maintenance repair including installation of grab bars, minor repairs including windows, sidewalk, house trim, etc. Fees are charged to persons using services based on a sliding fee scale relative to income, pursuant to Department of Housing and Urban Development guidelines for low and moderate income. Senior Community Services, the administrator of the H.O.M.E. program, also makes available its Senior Outreach Program to assist elderly residents who have violations in the areas of the city housing code. Data on the performance of the H.O.M.E. program for 2005 will be provided for the February 13, 2006 City Council meeting. 2. Allocation of $10,540 to the Community Emergency Assistance Program Inc. (CEAP) to provide funds to CEAP's Senior Services Program. The Senior Services Program provides chore services to seniors and disabled persons at little or no cost and includes services such as lawn mowing, snow shoveling, housekeeping, household maintenance, painting and raking. The Senior Services Prograrn also includes Meals on Wheels. CEAP also is to provide assistance to seniors and disabled persons with code violations under the city's housing code. CEAP and Senior Community Services are to coordinate referrals between the two agencies. CEAP is to focus on less complex code enforcement items and Senior Community Services addresses the more complex code enforcement issues up to and including major problems such as "garbage house" situations. Data on the performance of the CEAP program for 2005 will be provided for the February 13, 2006 City Council meeting. 3. Allocation of $157,175 for rehabilitation of private property. This program provides for rehabilitation and repair of single family homes of low and moderate households. The money is provided in the form of a loan with a repayment and lien period of 15 years. The loan must be repaid if the home is sold anytime within the 15 year period. Depending on the income of the loan recipient, between 3 to 6 percent interest is charged on the loan for the first ten years of the 15 year lien. If the homeowner remains in the home for 15 years, the loan is forgiven. The maximum amount of the loan is $25,000, which includes federally mandated lead abatement if required. Depending on the individual house, lead abatement can camprise a substantial portion of the loan. This program is administered by Hennepin County staff. Since the program's inception in the 1970's over320 Brooklyn Center homes have been repaired under this CDBG activity. ADMINISTRATIVE REOUIREMENTS Pursuant to program requirements, each city receiving a CDBG allocation from the Urban Hennepin County CDBG program is limited to a 15 percent cap on public service projects. Both the CEAP and H.O.M.E. program are categorized as pubic service projects. Based on the estimated allocation for 2006, continued funding of the H.O.M.E. and CEAP program at levels of $17,195 and $10,540 respectively would fall under the 15 percent cap. Hennepin County has indicated that no more than three activities should be undertaken in each city receiving CDBG funds and that each activity should have a budget of at least $7,500. ADDITIONAL REOUESTS FOR CDBG FUNDING As of the time of writing this memorandum, staff has not received any additional written requests for 2006 CDBG funds. Any requests received will be included in the February 13, 2006 public hearing information. PUBLIC HEARING A resolution calling for a public hearing is included with this memarandum. The required public hearing notice has been prepared and includes continued funding of the H.O.M.E. program, CEAP (Neighborhood Public Service Projects) and Housing Rehabilitation Program. The resolution prepared for City Council consideration and included with this memorandum, is to establish the date of February 13, 2006 as the public hearing date far the 2006 CDBG program. Hennepin County requires that specific dollar allocations be specified in the hearing notice and that the City's 2006 CDBG program must be submitted to Hennepin County by February 23, 2006. It should be noted the notice does not commit the city to specific funding at this time and these programs and dollar allocations can be revised at the public hearing on February 13, 2006 or at any time within the 2006 CDBG program year upon conducting a public hearing to amend the city's CDBG program. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CALLING FOR A PUBLIC HEARING ON PROPOSED USE OF 2006 URBAN HENNEPIN COUNTI� COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS WHEREAS, Brooklyn Center is one of 43 Hennepin County communities which are members of the Urban Hennepin County Community Development Block Grant (CDBG) Program; and WHEREAS, the City of Brooklyn Center has been notified by Hennepin County that its estimated allocation for the 2006 Urban Hennepin County CDBG Program is $184,910; and WHEREAS, a public hearing regarding the proposed use of 2006 Urban Hennepin County Community Development Block Grant funds is a requirement of the CDBG Program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota as follaws: 1. A public hearing on the proposed use of 2006 Urban Hennepin County Community Development Block Grant funds will be held at the regularly scheduled Brooklyn Center City Council meeting on February 13, 2006, at approximately 7 p.m. or as soon thereafter as the matter may be heard. 2. Staff is authorized and directed to publish the attached Notice of Public Hearing on the proposed use of 2006 Urban Hennepin County Community Development Block Grant funds in the City's official newspaper not later than ten days prior to February 13, 2006. 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. Cit� Council Agenda Item No. 11g City of Brooklyn Center A Millennium Community To: Mayor Kragness and Council Membe Carmody, Lasman, Niesen, and O'Connor From: Michael J. McCauley City Manager Date: December 8, 2005 Re: Discussion of Purchasing'�esource Materials Council Member Niesen inquired if a Council Member would be reimbursed for purchasing copies of training presentations or materials at conferences. Based on past Council discussions of purchases at conferences, I advised Council Member Niesen that the Council had decided that Council Members would not be reimbursed for purchasing materials at conferences not required for the conference or training. This discussion was held by the Council in response to a request for reimbursement several years ago where a Council Member purchased tapes of sessions or other materials that were in addition to registration costs. Council Member Niesen would like to discuss this infarmal policy at the Work Session. 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.cityofbrooklyncenter.org f t he Digital Record i 3723 Birch St. suite 7 Newport Beach, CA 92660 I 5 G 1-800-338-2111 i CUSTOMER'S ORDER NO, 'DATE C _N NAME I C7, lJ t �y.�,�.� 1-P �.Q.�y_a ADDRESS CITY, STATE, ZIP SOLD BY CASH C.O.D. CHARGE ON ACCT. MDSE. RETD. PAID OUT r r '"�1 QUAN. I DESCRIPTtON I I I PRICE AMOUNT y I I 2 I�L�C o s L_G l',C.. 4 1 C� I 5 I��� �O� -s I i T �t t� o�l ��J I a� c� d be e I I 5c�o, b �;�a: �,'o U q 9 I I I t 10 I D I 13°�� i i 12 I t RECEIVED BY a�os KEEP THIS SLIP FOR REFERENCE 'f ,r.,, ii/Ob V fIiANE N NIESEr1 EXPIRATtON qrr. cu►ss DESCflIPTION PRICE AMOUNT i DATE �-►�4� CHECKED L�C± I I ________i a G �i.�' l tB"" DATE r,,w. AUTHOHIZATION. SUB I a r- e i 1 I C I TOTAL I I I t�j ,l t.C..' REFERENCE NO.� SERVER I TAX I i N 5 j I�D-FOUO CHECK NO. UC. NO. STATEI qEG.NEPT I CLERK T�P t �7' L {'j SIGN HERE,, MISCI l x i ^r� `�l s s 9 i e Issuei of the rartl iAenbfietl on th�s item is au horized to pay the amount shown as TOTAI on proper preaentatlon. I promise to pay such TOTAL pogether wiN any other eharges tlue RETAIN THIS COPY FOR YOU�R RECORDS ihereon) subjeCt to a�tl in accortlance wilh tha agreement goveming the use ol such Cartl. r—_,— f 4 i CON FEF�f NCE Al! DIO 2005 Congress of Cities and Exposition December 6-10, 2005 Charlotte, North Carolina N�to�/ IMquedCM�s I i L eadership Training Institutes CD ROM On-s�te r�ce: p Price increases to $373 after the conference Congress of C�t�es CD ROM On-s�te r�ce: p Price increases to $247 after the conference Individua Sessions on Audio CD Leadership Training Institute Full Day sessions: $65 each Leadership Training Institute Half Day sessions: $35 each Congress of Cities Workshops: $25 each Congress of Cities General Sessions: $20 each .Digital Visit Marion, Steve or �oe at the Digital Record R,ecord sales booth for a complete listing of available sessions i CONFERENCE AUDIO ORDER F�RM 2005 Conference of Cities and Ex OSIt10�1 PRODUCT QTY PRICE SUBTOTAL P Conference Audio Order Form Leadership Training Institutes CD-ROM $1491$373 o�-� i aosi wma�ce Na� Congress of Cities CD-ROM $99/$247 On�s�Be! Pos4Conlerence Company LTI Audio CD fuli day ()$65 each Address half day $35 each CoC Audio CD worxsnoPs O$25 each general sessions $20 each Phone Order totai E-mail After the conference, Califomia residents Tax must include 7.75°k sales tax Method of Payment: Check Purchase ordet Shipping INCLUDED Visa MasterCard Amencan Express �i-�Digital TOTAL Credit Card Account Number RQCOTCI Gonference 412 Expiration date CVGCVV Code 3952 Forestdale Avenue Woodbridge, VA 22193 Toli-Free 800.338.2111 Phone/Fax 703.583.8273 E-mail: orders@digitalrecord.org No time at the conference? s�9�at��e Order online at www.digitalrecord.org r i i i This coupon entities you to 0 the purchase of any one audio product! ONE COUPON PER CUSTQMER, PLEASE Name All sales final pIF select your order carefully Conference of Ci Dscember 6-70, Z005 Charlotte, NC I 1 I �I�L_ AGENDA CITY COUNCIL\ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION January 9. 2006 Immediately Following Regular City Council and EDA Meetings Starting at 7:00 P.M. City Council Chambers 1. Scheduling discussion of Golf Course Finances with Financial Commission 2. City Manager Review Form Timing 3. Miscellaneous 4. Adj ourn I� City of Brooklyn Center A Millennium Community To: Mayor Kragness and Counci] Members Carmody, Lasman, Niesen, and O'Connor From: Michael J. McCauley City Manager Date: January 3, 2006 Re: Joint Meeting with Financial Commission At the budget work session, I indicated that we would schedule a joint meeting with the Financial Commission in the l quarter of ?006 to discuss the golf course. I would suggest Monday February 6��' for a joint nleeting with the Financial Commission to review the research that has been undertaken regarding the Golf Course. Donn Escher, c� Chair of the Financial Commissioil, has indicated that February 6 appears to be a workable date. A back-u date would be March 6 Joint meetin s have been scheduled P g at 6:30 p.m. to accommodate the Financial Commission members wark schedules. 6301 Shingle C'reek Parkway Recreation and Commu,nity Center Phone TDD Number Brooklyn Center, MN 55430-2199 (763) 569-3400 City Hall TDD Nuinber (763) 569-3300 FAX (963) 569-3434 FAX (763) 569-3494 www.cityofbrookl��ncenter org r City of Brooklyn Center A Millennium Community s To: Mayor Kragness and Council Members Carmody, Lasman, Niesen, and O'Connor From: Michael J. McCaule City Manager Date: November 9, 2005 Re: City Manager Evaluatioii: Form Date� At the February S Council Retreat, the Council indicated an interest is using a rating scale with 5 choices and breaking the categories u�to subsets. Council Members Niesen and Carmody have also developed proposed iormats. Attached are: Relevant pages fro�m Mr. Neu's report on the February 5, 2005 Cotulcil Workshop 2004 Evaluation Form Draft 2005 Evaluation Form using 5 rating cl�oiees asid breaking the categories into more subsets Cotmcil Member Niesen's Farm Council Member Carmody's Form. The item is on the agenda to discuss a date for coinpletion of the evaluation and selection of the for�n to be used. I would sug�est the Draft 2005 evaluation form since it reflects the discussion to date by the Council and it reflects the general expectations of the evaluation process. As indicated in the discussion of the Council Calendar for 2006, the Council identified a discussion in March of 2006 for potentially changing the evaluation process. If the Couucil adopted a changed deli,nea�tion of its expecta�ions in March, there would be an opportunity to meet those expectations over the course of 2006. 6301 S'hingle Creek Parkway Recreati.on and Commu�aity Center Phone K� TDD Nu�nber Brool�lyn Center, MN 55430-2199 (763) 569-3400 City Hall TDD Number (763) 569-3300 F<9X (763) 569-3434 FAX (763) 569-3494 www.ci,tyofbrooklyncenter.org �S COM P�NY CITY OF BROOKLYN CENTER, MINNE S O TA CITY COUNCIL LEA.DERSHIP WORKSHOP Conducted on Februar 52 3 005 SUMMA.RY OJF KEY OBSERVATIONS AND CONCLUSIONS MADE B�' THE PARTICIPA,NTS Submitted by Carl H. Neu, Jr. February 7, 2005 O Neu and Company and the Center for the Future of Local GovemanceT"', 2005 1 B. Reexamination of the City Council Goals for the Year 2005. After completing the exercise/discussion above, the participants then reviewed the City Council Goals that were adopted for the year 2005. A copy of these goals is contained in this report as Appendix B. The following change was made: 1. Elimination of item (4) Focus 2004 under Goal No. 2. The reason for this elimination is that these action steps identified for 2004 have been completed. I No other changes were made to the goals that have been adopted for 2005. It was concluded by the majority of participants, however, that while the council has reaffirmed the goals it adopted for 2005, it should be stated that Northbrook and Brookdale are areas of continuing emphasis and priority for the city council because of their importance to the community and its economic vitalitv. C. City Manager Evaluation Process The participants reviewed the current City Manager Evaluation Form used by the council. A copy of this form is included in this report as Appendix C. The following observations or recommendations were made relative to proposed changes to the City Manager Evaluation Form and City Manager Evaluation Process. 1. Proposed changes to the City Manager Evaluation Form: City council members should review the cunent City Manager Evaluation Form and submit their proposed modifications to the form for discussion at a scheduled work session. It was suggested that a"1 through 5 rating system" be used for each item evaluated in the form. For example, the current form has five categories of topics that are reviewed. Within each of these categories are additional items or subsets pertaining to the city manager's performance. The rating scale would be used for each item or subset. The proposed rating scale might look something like w-hat appears below: 4 Item Being Rated Rating: 1 2 I 3 4 5 j Did Not Needs Met Exceeded Greatly Achieve Improvement Expectations Eapectations Exceeded Expectations Comments: City Council at the scheduled work session would approve the changes in ternzs of format, content, and rating scales to be used in the City Manager Evaluation Form. 2. Proposed changes to the City Manager Evaluation Process The council members iderltified the following proposed steps to be used for the conduct of the City Manager Evaluation Process: City manager provides a report on accomplishments to the council and notes an� significant shifts or changes in goals and priorities may have occurred which need to be taken into consideration when evaluating his performance. City council members provide their individual evaluations to the city attorney. City attorney prepares a consolidated report. City council reviews and approves the report that the mayor will then take to the city manager. The city manager then responds to the report given to him by the mayor reflecting a summary of the council's conclusions. City council makes anv appropriate changes or revisions to the report based on city manager feedback. Mayor makes public statement, as required, pertaining to the manager's evaluation. 3. Timing of the Evaluation: 5 I The participants noted that the evaluation should be conducted at the end of the year, especially when changes in council membership occur as a result of elections. This will ensure that the council members evaluating the manager were the ones who served on council during the evaluation period. D. Discussion of Council Teamwork and Performance Four council members, during the aftemoon of the workshop, conducted a comprehensive discussion about working relationships among the members of city council and the effectiveness of the council's meetings. l. Observation about city council working relationships and meeting effectiveness What is Frustrating Me/Us What is Going Well? (Council Members)? No real issues that are Lengthy discussions before creating divisiveness within council comes to consensus the counci] Congenial discussions Apparent disconnect that occurs sometimes between the city council and the city manager, especially in dialogues attempting to clarify issues and increase understanding. Increased respect being People don't speak up shown by council members (sometimes it is difficult to for each other hear what people are saying) Good handouts and staff Some members talk too long work in preparation for the meetings Council is better at Amount of detail sometimes focusin g goals and issues loses individuals Council has adjusted to the Nature of some of the issues budget some counci] members ma y not agree with the issue or the approach the council is taking in dealing with it) 6 Evaluation Form Used in 2004 �I �I I 2004 FORM CITY MANAGER EVALUATION FORM 1. City Council Goals for 2004 Responsibility: The City Manager should implement those goals that can be accomplished through staff provide support and information to facilitate City Council acluevement of its goals Overall Evaluation of Work on City Council Goals Overall, has the City Manager worked to implement and facilitate adopted City Council goals? Yes Partially No Comments: 2. Administrative Support for City Council: Responsibility Maintain effective cominunication, both verbal and written with Council Maintains availability to Council. either personally or through designated subordinates Systematic reporting to Council of current matters involving City government Materials presented to Council are clear, concise and understandable Has the City Manager provided the City Council with background and other information to allow the Council to make informed decisions as described above? Yes Par�ially No Comments: 2004 FORM Has the City Manager assisted the C�ity Council in clarifying complex issues and understanding administrative, legal and procedural requirements? Yes Partially No Comments: 3. Chief Adminis�rative Officer duties: Has the City Manager provided admi�ustrative oversight and direction in the following areas: City Fiscal affairs (budget, expenditures) Plans and organizes preparation of an annual budget with documentation that conforms to the direction recei��ed from the City Council Supervises the utilization of l�uman and �iscal resources witl�in the budgetary plan Financial reporting is timely aild understandable City operations Services� are delivered u1 a tiinely and effective mamzer (ie. snow plowing, police and fire response, park maintenance, recreation) Citizen issues are responded to appropriately and in timely fashion Issues affecting service delicery are anticipated and dealt with effectively City projects Aiulual street project is undertaken in organized and effective manner City Enterprise operations Water, sewer, and storm sewer funds are financially stable and services delivered in effective and efficient mailner Golf and Li uor funds are o erated in a manner that results in meetin financial q P g targets so that they are self-suff ciE�nt and meet Council goals for operation such as minimum of $75,000 transfer from Liquor Fund 2004 FORNI Earle Brown Heritage Center is operated as coinmunity asset, while meeting operational self-sufficiency from its own revenues Yes Partially No Comments: 4. Intergovernmental Relations: Has the City Manager: been sufficiently active in participating in municipal organizations to which the City belongs had a relationship with otller cities that is beneficial to the City of Brooklyn Center been effective in communicating or representing Council positions to other governmental bodies worked cooperatively with otl�er organizations where beneficial to the City of Brooklyn Center Yes Partially No Comine��ts: 5. OVERALL EVALUATION OF PERF'ORMANCE: Overall, City Manager's efforts to implement a�7d facilitate 2004 Council goals has been: Excellent Good Satisfactory Poor Comrnents: 2004 FORM Overall, City Manager's administrative support of City Council has been: Excellent Good Satisfactory Poor Comments: Overall, City Manager's discharge of administrative du�ties in fiscal affairs, operations, projects, and enterprises has been: Excellent Good Satisfactory Poar Cominents: Overall, City Manager's efforts in interg�overnmental matters have been: Excellent Good Satisfactory Poor Comments: 2004 Form Modif ed to provide 5 Rankin� Options and Separate Out more functions Per Februarv 2005 Council Retreat discussions e DRAFT 2005 CITY MANAGER EVALUATION FORM �Definitioins���: Did Not Achieve: is that level of performance that consistently failed to approach the requirements of the j ob. Needs Imnrovement: is that level of performance which consistently falls below the requirements of the job. It does not mean that every aspect of the employee's performance is below adequate standards, but that, in general, the employee does not meet the minimum expectations and requirements. Met Exnectations: is that level of performance which is considered adequate to meet the requirements of the job. Some day to day variation is to be expected and may range, on occasion, from poor to very good. For the most part, how�ever, met expectations represents satisfactory perfarmance which would neither be consistentl}� below nor superior to what is necessary to do the j ob. Exceeds Expectations: is that level of performance that consistently surpasses standards of adequate performance. Greativ Exceed Exnectations: is that level of performance consistently greatly surpasses the standards of adequate performance. 1. City Council Goals for 2005. Responsibility: implement those goals that can be accomplished through staff provide support and information to facilitate City Council achievement of its goals Overall, has the City Manager worked to implement and facilitate adopted City Council Goals? 1 2 3 4 5 Did Not Needs Met Exceeded Greatly Achieve Improvement Expectations Expectations Exceeded Expectations Comments: 1 2005 City Manager Evaluation Form 2. Administrative Support for City Council. Responsibility: -maintain effective communication, both verbal and written with Council -maintain availability to Council, either personally or through designated subordinates -systematic reporting to Council of current matters involving City Government -materials presented to Council are clear, concise, and understandable Has the City Manager provided the City Council with background and other information to allow the Council to make informed decisions as described above? 1 2 3 4 5 Did Not Needs Met Exceeded Greatly Achieve Improvement Eapectations Expectations Exceeded Expectations Comments: Has the City Manager assisted the City Council in clarifying complex issues and understanding administrative, legal, and procedural requirements? 1 2 3 4 5 Did Not Needs Met Exceeded Greatly Achieve Improvement Expectations Expectations Exceeded Expectations Comments: 3. Chief Administrative Officer Duties. Has the City Manager provided administrative oversight and direction in the following areas? City fiscal affairs (budget, expenditures): -plans and organizes preparation of an annual budget with documentation that conforms to the direction recei��ed from the City Council -supervises the utilization of human and fiscal resources within the budgetary plan -financial reporting is timely and understandable 2005 City Manager Evaluation Form y 1 2 3 4 5 Did Not Needs Met Exceeded Greatly Achieve Improvement Eapectations Expectations Exceeded Expectations Comments: City operations: -services are delivered in a timely and effective manner (ie. snow plowing, police and fire response, park maintenance, and recreation) -citizen issues are responded to appropriately and in timely fashion -issues affecting service delivery are anticipated and dealt with effectively 1 2 3 4 I 5 Did Not Needs 1�'Iet Exceeded Greatly Achieve Improvement Expectations Expectations Exceeded Expectations Comments: City projects: -annual street project is undertaken in arganized and effective manner 1 2 3 4 5 j Did Not Needs Met Exceeded Greatly Achieve Improvement Expectations Expectations Exceeded Expectations Comments: City Enterprise operations: Water, Sewer, and Storm Sewer Funds are financially stable and services delivered in effective and efficient manner Golf and Liquor Funds are operated in a manner that results in meeting financial targets so that they are self-sufficient and meet Council Goals for operation such as minimum of $75,000 transfer from Liquor Fund 3 2005 City Manager Evaluation Form Earle Brown Heritage Center is operated as community asset, while meeting operational self sufficiency from its own revenues 1 2 3 4 5 Did Not Needs Met Exceeded Greatly Achieve Improvement Expectations Expectations Exceeded Expectations Comments: 4. Intergovernmental Relations. Has the City Manager: -been sufficiently active in participating in municipal organizations to which the City belongs -had a relationship with other cities that is beneficial to the City of Brooklyn Center -been effective in communicating or representing Council positions to other governmental bodies -worked cooperatively with other organizations where beneficial to the City of Brooklyn Center 1 2 3 4 5 Did Not Needs Met Exceeded Greatly Achieve Improvement Expectations Expectations Exceeded Expectations Comments: i 4 2005 City Manager Evaluation Form Council Member Niesen's Form Memo Ju1y 23, 2005 S Date: July 23, 2005 To: Mayor and Brooklyn Center City Council Members I From: Diane Niesen I Subj: City Manager Evaluation Process: Performance Review Form Other Action Items from Februarv 200_5 Council Workshop From our City Council Leadership Workshop held February 5, 2005, tl�e Summary of Key Observations and Conclusions Made by the Participants u�cluded several action items for Council to be done by our next workshop. i CITY MANAGER (CM) EVALUATIOl�' PROCESS (p4, item C) ►"Councilmembers sl�ould review current CM Evaluation Fonn and submit their pro osed modifications to the P fonn for discussion at a sclieduled work session." "Cih Council would approve changes in ternls of: (1) format, (2) conteilt, (3) rating scale." The following rating system/scale was proposed. 1 2 3 4 5 Did not Met Exceeded Greatly exceeded achieve Needs improvement expectations expectations expectations For discussion purposes, BC's current Job Evaluation and Job Description infonnation for CM is presented below. CM EVALUATION FORM (outline) 1. Overall, has the CM worked to implement aild facilitate adopted City Council (CC) goals? 2-1. Has tl�e CM provided the Council with background aild ott�er information to allow the Council to inake infonned decisions...? 2-2. Has CM assisted CC in clarifyuig co�nplex issues and understandu�g administrative, le�al and procedural requirements? 3. Has �CM provided administrative oversight and direction ll� the following n�unicipal areas: I. fiscal affairs? 2. operations? 3. projects? 4. enterprise operations? 4. Has t1�e CM been effective in intergovernmental relations? (4 listed) 5. Overatl (summary of Q1-Q4): (each iten� has a question/rating choice) l. implement and facilitate annual council goals? i 2. administrative support of Council? 3. discharge of administrative duties in fiscal affairs, operations, projects, and enterprises? 4. intergovernmental matters? I i 7/25/2005 l BCCC CM eval revOS.doc Memo July 23, 2005 CM JOB DESCRIPTION (overview) Essential duties ana responsibilities l. Operations Controls/directs adminish of City's affairs Il i Ensures Charter/laws/policies/ordinances/resolutions are enforced Encowages/developsllocates alternate fundin� for City services and joinUco-op operations Assists staffwith planning/coordination activities; follows-up to ensure effective service to public and municipal operating efficiencies Stays current with legislative issues, especially on local government 2. Economic Development Leads efforts Meets with developers Executive Director of: HRA and EDA Overseer and coordinator ofredevelopment project strategies Plans and helps update documents like: strategic plan, CIP, comprel�ensive plan 3. Personnel Directs the organization for effectiveness Directs executive staff: establishes goals and objectives, directs wark, assigns and delegates Performs any disciplinary actions Autl�orizes staff hiring 4. Financial Responsible for effective management of Ciri� assets Responsible for effective management of financial assets Oversees preparation and presentation of annual budget Authorizes purchases/expenses Monitors financial position and analyzes trends for updated actions 5. Council Supports City Council (attends, presents, recommends, implements) Infomis Council ofsignificant matters,/effectivelv presents matters needing action/approva] Enforces ordinances/resolutions (ref. 1. Operations) and recommends changes Coordinates work with Commissions/Council and presents their recommendations Attends Council meetings and other public as needed 6. Communication Ensures public services are effectively provided (ref. 1. Operations) and public complaints/concerns are effectively handled Identifies appropriate service levels to meet customer needs Participates in community activities Stays cunent on public administration and organiz�tional deve]opment field developments; cooperates with other government units/municipalities on matters of mutual interest Maintains effective relationships with communit} organizations/members, in positive manner Note item to correet: In the Job Description, wifll section Essential Knowledge, Skills, and Abilities, on p.3, within section titled: Teehnical Knowledge, it reads: "Ability to act as city manager when city manager is not avai]able." 7/25/2005 2 BCCC CM e��al revOS.doc Memo July 23, 2005 o PROPOSAL Cover three categories of performance measures (1) Job Description, (2) City Scorecard, (3) Values. Evaluation should reflect measures of Council and community wants and needs and ef�'ective performance. Use three sources of information: (1) self evaluation, (2) council evaluation, (3) feedback (3-4 randomly selected personnel). Match annual evaluation questions to job responsibilities and coirununity desired measures of success. Use tliis iterative process to appropriate update CM Job Description. The International City/County Management Association (ICMA) provides tenets ofprofessiona] management. Their practices, and information from the Leadership Training Institute, are the bases far these evaluation ite�ns. Job Dimension �ob Desc Measurement Criteria Comments Xref Presents policylordinance-related information clearly, completely and accurately. Respects and supports the role of elected ofTicials in 1. Policy/ making policy/ordinance decisions. Ordinance 1, 5, 6 Facilitation Ensures that policy/ordinance decisions and initiatives are implemented. Gives Council communin� feedback on policies/ ordinances that were received directly by City personnel. Keeps current on citizen needs by using effeetive conununication vehicles and processes. 2. Citizen Service 5 Ensures prompt, courteous and accurate responses to re- quests from citizens either directly ar through die Council. Ensures that necessary and appropriate city services are provided in a timely and effective manner.. Keeps current on the unique culture and demographics of Brooklyn Center. 3. Democratic 6 Demonsttates a commitment to democratic principles by Responsiveness (reviewlob respecting elected officials, community interest groups, and nescription) the decision-mal:ing process. Respects and promotes active citizen participation in local governance. Is knowledgable on the basic principles of service delivery in functiona] areas: public safetv, conununity development, public works, finance, parl:s a��d recreation. Provides reasonable, effective and clear budget. Monitors key fmancial indicators to ensure financial performance is on track; reports discrepancies and recommends appropriate financially responsible actions to Council. 4. Functional and Operational 1 2 4 Sources of information or opinion cited in documents and Effectiveness presentations are current, complete, balanced and accurate. Manages allocation of financial resources to meet and match the changing needs and abilities of the citizenry, Anticipates future needs, or�anizes work operations accordingly and establishes timetables for projects. Yearly goals and objectives are planned and implemented effectively using ciry resource�s in the most effieient manner. 7/25/2005 3 BCCC CA4 eval revOS.doc Memo July 23, 2005 Job Dimension �ob Desc Measurement Criteria Comments Xref Conveys information effectively and objectively to others; distinguishes effectively the presentation of fact or opinion. Facilitates the flow of ideas, information, and 5. Interpersonal 5 6 understanding between and among individuals. Skills Demonstrates the ability to work in harmony with others, minimizing conflict and fostering goodwilf within the organization, with the public and other govemmental representatives and external groups. Maintain professional and hi��h quality staffthat provides reports and services that are tin�ely, complete, equitable and of consistentiv high quality. 6. Staff Holds the organization accountable for results. Effectiveness 1, 2, 3 ta S ys current on level of stail'morale (high, medium, low). Ensures that the policies and procedures for employee hiring, promotion, perfonnance appraisal and discipiine are legal, current and equitable. Demonstrates the capacit� to inspire and motivate others to achieve their best and fulfill the obiectives ofthe Council. Demonstrates comn�itment to make decisions, address and 7. Leadership 2, 4 fulfill responsibilities. Anticipates and positions the organization to address and respond to anticipated events and circumstances. Accepts responsibility for undesirabie resu(ts. I Models and requires honest and ethical behavior; does not allow dishonest/unethical behaviors to go undisciplined. 8. Ethics and 3 Demonstrates integrity in professional relationships and review ]ob er de f Ethic Tntegrity p sonal act�ons. Abides by tl�e ICMA Co o s and Description) maintains good standing in the 1C?vIA organization. Demonstrates and models the organizations' values, mission statement, goals and objectives. Provides accurate assessment of the City's fiscal condition. 9. Organizational Planning and 1, 2, 4 Prepares clear, effective, understandable budget. Management Effectively manages the allocation of financial resourees. Demonstrates a capacity fvr effective written and verbal communieation. Communicates infonnation to the media in a way that in- creases public understandin� of local �overnment issues 10. 5 6 and activities. Communication Conveys information effectivelv and objectively to different audiences. Agendas are developed and communicated in a process allowing Council appropriate discussion and voting timeframes to effective]}� fulfil] their elected duties. 7I25i2005 4 BCCC CM eva) revOS.doc Memo July 23, 2005 Job Dimension �ob Desc Measurement Criteria Comments Xref 11. City Scorecard Listed below I BC Scorecard Item I Factual Measurement Criteria Comments 1. City operations budget accuracy spending discipline timely, complete and accurate communication 2. City enterprise operations budget accuracy profitability level level of financial re�vard'risk to taxpayers 3. City service/ordinance level of clarity to the community, enforcement effectiveness equity and voluntary compliance community feedback (direct to city personne] or Council) 4. Property tax affordibility index taxpayer burden ranking on metro area average priced home 5. Crime rate/trends crime rates per capita and comparisons to other first-ring suburbs number of crimes successfully prosecuted and/or solved 6. C/I vacancy rates historical vs. current trend apply to existing structures and vacant city- owmed land 7. Salary and benefits percentage of operating budget and total amounts affordabieireasonable ior BC demographics comparisons to other government agencies 8. Pollution number of environmental and noise efforts to track and address/resolve 9. Lawsuits against City number of lawsuits filed against City number of la���suits won, settled or lost costs incurred for legal fees and remedies (including staff time) 10. Communication effeetiveness number of instances community members for community claimed they felt inappropriately informed on issues that impacted them innovation,�ideas to monitorlimprove List 1-3 strengths of this individual as it relates to their position of CM for the City of Brooklyn Center. List 1-3 items for improvement that this individual should achieve during the coming year. Process recommendation: Conduct a performance evaluation each year before December 3], and set salar}� eacl� year for the following year on or before December 31 to allow the current Council to review and compensate fl�e CM in accordance with the results of tl�e rformance review. Pe 7/252005 5 BCCC CM eval revOS.doe II Memo July 23, 2005 Other Action Items (p. 8): I. Dialogue between CM and Council on mutual expectations and ways to efFectively support each other u� d�e achievement of responsibilities/duties. Suggestion: Each prepare/present 1-3 items for initial discussion. 2. Identify issues Council should be tracking on continuous basis, and establisl� effective system/process to accornplish. Suggestion: Each identify categories of communih� management infortnation (e.g., community sen�ice issues, ordinance changes, erime information, number/type of lawsuits, staff turnover, etc.) �i�ith suggestions for criteria to apply a criticalit�� weighting (e.g., cost, community impact, community feedback, tax imPlication, public safety which matters most?) based on individual values, for initial discussion. New� business for next Retreat to be discussed in conjunction with CM Annual Review 3. CM Job Descriptiou review and update 4. CM Employment Contract review and update 5. City salaries: pl�ilosophy and process approacl� witl� union and non-union employees �I 7/25/2(�5 6 BCCC CM eval revOS.doc i I� Council Member Cainlodv's Form Organizational Management Ensures that necessary and appropriate city services are provided in a timely manner. Is knowledgeable on the basic principles of service delivery in functional areas: public safety, community development, public works, finance, parks and recreation. Maintain professional and high quality staff. Motivates others to achieve their best and fulfill the goals of the council. Ensures that the policies and procedures with regards to employee hiring, promotion, performance appraisal and discipline are followed. FiscaUBusiness Management Provides an accurate assessment of the city's fiscal condition by a system of reports for the council. Prepares a clear, effective, and understandable budget with documentation that conforms to guidelines adopted by the city council. Plans, organizes and supervises the most economic utilization of manpower, materials, and machinery. Program Development and Follow Through Presents policy/ordinance related information clearly, completely and accurately. Ensures that policy/ordinance decisions and initiatives are implemented. Yearly goals and objectives are planned and implemented effectively using city resources in the most efficient and effective manner. Demonstrates a commitment to make decisions, address and fulfill responsibilities. Relati n hi o s p with Mayor and City Council Respects and supports the role of the council in making policy or ardinance decisions. Demonstrates the capacity for effective written and verbal communication. Establishes and maintains a system of reporting to the council current plans and I activities of the staff. Plans and organizes materials for presentations to the council, either verbal or written, in the most concise, clear and comprehensive manner possible. Long Range Planning Maintains knowledge of new technologies, systems, methods, etc. tn relation to City services. Keeps the Council advised of new and impending legislation and developments in the area of public policy. I i Establishes and maintains an awareness of developments occurring within other cities or other jurisdictions that may have an impact on city activites. �I Plans, organizes and maintains a process for assisting the council in establishing community goals including a process for monitoring and reporting on the city's progress toward achieving those goals. Relationship with Public/Public Relations Ensures prompt, courteous and accurate responses to requests from citizens either directly or through the council. Keeps cunent on the unique culture and demographics of Brooklyn Center. Is able to convey information effectively and objectively to a variety of audiences. Communicates information to the media in a way that increases public understanding of local government issues and activities. Establishes and maintains a liaison with private non-governmental agencies, organizations and groups involved in areas of concern that relate to services or activities of the city. Intergovernmental Relations Has a liaison with other governmental jurisdictions in those areas of service that improve or enhance the city's programs. Maintains communications with governmental jurisdictions with which the city is involved or has interaction. Professional and Personal Development Demonstrates integrity in professional relationships and personal actions. Maintains awareness and value of broadening professional and personal development. Demonstrates imaginative leadership in staff.