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Home My WebLink About2006 07-10 CCP Regular Session Public Copy AGENDA CITY COUNCIL STUDY SESSION July 10, 2006 6:00 P.M. City Council Chambers A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 1. City Council Discussion of Agenda Items and Questions 2. Discussion of Work Session Agenda Items as Time Permits 3. Miscellaneous 4. Adj ourn To: Mayor Kragness, Councilmembers Carmody, Lasman, O'Connor From: Councilmember Niesen copy: Acting City Manager Curt Boganey Date: July 8, 2006 Subj: For City Council Meeting Monday, July 10, 2006 Agenda Item 1 Dogs If the Provosts had at least some of the dogs for the period of time they claim, they would have qualified for approval of a kennel license had they applied. Therefore, if it appeaxs by questioning the Provosts that they were not aware, I would support Council authorizing a Kennel application that includes an explanation as to why this application was delayed. If the Council wanted to make this provisional I would also support. The life expectancy of the poodles is probably very close to their current age. If the Provosts would be willing to relinquish their kennel license upon the death of their third dog, I see no reason to break up the situation at this time given that it will resolve itself over the next couple of years. To ask the Provosts to bring 3 dogs to the Humane Society would be a cruel act in my opinion, and unnecessary due to the circumstances just cited. I would like to be present for this discussion if possible. Perhaps NLO Bald could be there and we could assess the situation and try to figure something out that's good for everyone. Agenda Item 7a Minutes I re uest Conncil a roval of m chan e to the third full ara a h from the 5/22/06 Work Session 9 P P Y g P�' P Minutes. I note all other submitted corrections were approved. This is concise and to the point I was making. I will respect the vote of the CounciL I support Councilmember O'Connor's corrections to the Minutes. My email of 6/12/06 documents how Council Reports have been presented and support my request to strike from Regular Minutes 6/12/06 p.2 sentences: "councilmembers have nothing to report," (2). Alternatively, Council should discuss application of any new reporting standard for all Minutes. Minutes 6/12/06 Regular 9F Page 9 (paragraph 2). Ms. Klumpp stated she did not think she had any conflicts of interest and asked Mr. Thistle if he had any. (replaces: Ms. Klumpp stated they have no other contracts that would conflict with this one.) (start of paragraph 3) Councilmember Niesen stated she perceived some conflicts of interest including that Springsted was a vendor of the City via being out Fiscal Agent and the City Manager makes recommendations to Council on Fiscal Agent fixms to present RFPs. (paragraph 4) Councilmember Niesen further questioned conflicts of interest by indicating other City Manager Direct Report positions in which Springsted had involvement such as Assistant City Manager, Finance Director and Police Chief. She stated a preference for a firm independent of those efforts to bring candidates forward for City Manager. Mr. Thistle stated Ms. Klumpp was not employed with Springsted at the time some of those positions were filled and stated Springsted had 1 of 3 I little to do with those positions. Councilmember Niesen stated Ms. Klumpp had also been an employee of Brooklyn Center. (following paragraph 4) Councilmember Niesen told Ms. Klumpp she had spoken with a councilmember who is currently one of their clients, and had been told that Springsted is 5 months behind in their original schedule to hire a City Manager. (paragraph 5). TO STRIKE: Councilmember Carmody stated Councilmember Niesen attacked Springsted and there was a big difference in how she treated them in comparison to the other firms. REPLACE WITH: Councilmember Carmody asked Councilmember Niesen what her concerns were with Springsted. NOTE ONLY: This sentence was selected by staff for inclusion for some reason but Councilmember Carmody might not want to have the Minutes reflect her use of the word: "attack." (last paragraph) TO STRIKE: due to possible mistreatment of Springsted. NOTE ONLY: Using first-hand information to question firms seeking our business is our responsibility and role. I consider this a slanderous comment and question staff s choice to include it in the official Minutes of the City of Brooklyn Center. I note hundreds of comments and questions were made and most were not selected for inclusion. The criteria staff uses to select specific sentences will be a point of future review. Given the Minutes, this comment reflects poorly on Councilmember Carmody and I don't support that. Minutes 6/2606 Work 4. Discussion of Centerbrook Golf Course Funding Recommendations •(2nd paragraph under 4., p.2) Mr. Boganey said a financing plan was drafted. Councilmember/Commissioner Niesen disagreed that a transfer of City money to the Golf Course fund should be made for a shortfall from 1998. She said she would be more comfortable making Golf Course financing decisions if there was an operational audit. She suggested the City's auditors Tautges Redpath be engaged and budget funds allocated. •(p.3, paragraph 6) C/Councilmember Niesen noted staff is requesting a transfer of funds from the Storm Sewer Utility due to a later opening in 1998 that they guessed resulted in about $49,000 worth of lost business. She asked why the City should be funding some hypothetical amount of business that didn't occur via other taxpayer funds. She noted the financial statements reflected actual income and expenses. •(p.3 after paragraph 8) C/Councilmember Niesen stated that having only finance staff investigate internal operations lacked the objectivity an audit would provide. •(p3., paragraph 9) Replace with: C/Councilmember Niesen offered to contact Tautges and bring information back to Council as to what types of information an operational audit would provide. NOTE ONLY: The 4 Councilmembers attending did not make a decision to shut the door on audit possibilities. Councilmembers admitted they did not know what types of information Tautges could provide which I offered to research and bring back to the table. The Minutes should reflect that. 2 of 3 PAGE 4 C/Councilmember Niesen offered to contact Tautges and bring information about operational audits 6ack to Council. NOTE ONLY: There is no connection to my offer to contact Tautges and "a financing plan." However, asking Tautges if they are qualified to conduct a review of THE financing plan proposed vs. another type of frm (e.g., financial) is reasonable. Work Session NAG If Neighborhood Advisory Groups are truly no longer used, then people were most recently listed as members should be notified. Golf Course I approve of the decision not to make guesses at "lost business" and then have taxpayer money shifted around to make the financial statements look good. That is illogical on its face. I do not support infusing $49,000 to the Golf Course prior to an independent audit of operations to verify operational processes and calculations. That money would sit idle for no good reason. I believe the money we earn/have should be allocated across all months and there should be no need to "find funds" in the beginning of the year to pay expenses out of our City's checking account. That seems to imply bad management of cash flow. The Memo of June 21 mentions an annual operating reserve of $50,000 to include covering cash flow requirements. Why has this not been an issue in the past and how could we possibly need that much cash sitting around at the Golf Course? If the Golf Course has trouble paying back their loan now, how will requiring that they first fund $50,000 of operating reserves improve that situation? What we face is the possibility, year after year, that the Golf Course can't make their repayment schedule given this proposed plan. Their priority is repayment of the taxpayer loan. Cash flow is different than financial record- keeping. The plan is confusing in its proposal to pay back any loan based on "free cash slow after covering annual reserves and capital expenditures." What exactly does that indicate? Cash flow should have nothing to do with the ability of funding loan repayments out of profits (or losses) unless there is a problem with cash management. 3 of 3 I CITY COUNCIL MEETING City of Brooklyn Center July 10, 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 attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be for clarification only. Open Forum will not be used as a time for problem solving or reacting to the comments made but, rather, for hearing the citizen for informational purposes only. —Mark Hostetler Presenting Brooklyn Center Community Festival and Requesting City Support —Scott and Renae Provost, 7032 Willow Lane Limit on Number of Dogs 2. Invocation 7 p.m. —Rev. G. Allen Foster, Citadel of Hope 3. Call to Order Regular Business Meeting —The City Council requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 4. Roll Call S. 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. 1. May 22, 2006 Study Session 2. June 5, 2006 Joint Work Session With Financial Commission 3. June 12, 2006 Study Session 4. June 12, 2006 Regular Session 5. June 26, 2006 Study Session 6. June 26, 2006 Regular Session 7. June 26, 2006 Work Session CITY COUNCIL AGENDA -2- July 10, 2006 b. Licenses c. Resolution Approving Change Order No. 1, Improvement Proj ect Nos. 2006-01, 02, 03, and 04, Contract 2006-A, Centerbrook Area Neighborhood Street and Utility Improvements d. Resolution Approving Amendment No. 1 to the Eastbrook Estates Subdivision Agreement 8. Presentation —Martha Sinoe, President of Organization of Liberians in Minnesota 9. Planning Commission Item a. Planning Commission Application No. 2006-008 submitted by TJB Homes requesting site and building plan approval for an 8,000 sq. ft. one story office building and a Special Use Permit to allow the placement of fill below the 100 year flood elevation at 1701 James Circle. The Planning Commission recommended approval of this application at its June 29, 2006, meeting. •Requested Council Action: —Motion to approve Planning Commission Application No. 2006-008 subj ect to the conditions recommended by the Planning Commission. 10. Council Consideration Items a. Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees •Requested Council Action: Motion to adopt resolution. b. Resolution Authorizing Solicitation of Bids for the Replacement of Pump Engine No. 6 in the Fire Department •Requested Council Action: Motion to adopt resolution. c. An Ordinance Amending Ordinance No. 2004-13 Regarding Council Salaries for 2007-2008 •Requested Council Action: Motion to approve first reading of ordinance and set second reading and Public Hearing for August 14, 2006. 11. Adjournment City Council Agenda Item No. l �v r. .,M Y V` t 1 a �l v m-.+� BUtLDI(�G C�MlI1tU(111TY THf�flUGH�Mt�C��'D`I�E�� August 12, 2006 2:00 8:�00 P.M. Dear Community Merchant or Business Owner: Last year we conducted our �first Broaklyn Center Comrriunity Festival. It was an overwhelming success. With your help we think this year can be even better. •��estivaI Pur ose: To rovide a fun event that wiIl build rela�tionshi s and break down barriers P P P beiween the diverse multi-cultural people groups in our community. The Festivals Dis�inguishing Characteris�ic: Absolutely everything is FREE. All the Food, Concerts, Children's games and many other activities axe free. All the booths at the festival have something of value to give away. If.no one is makin.g any money, why do this`? We believe that creating a spirit of giving, kindness, encouragement, and support is the first step to breaking down barriers and building caring relationships in our co�nmunity. Festival Features: Last year we had two Anglo rock bands, an Africaai band, a Me�can mariachi band and another Latin music oup. We had four food tents featuring American, MeYican, and Liberian food We had six children's activity centers/gaxnes. .The Brooklyn Center Fire Departments brought f�cks for the kids to eaplore, and the Police Depai had a squad car for Kids to check out. We also offered a free car wash and gave away alI kinds of books and prizes. We used a punch card system so that people were limited to one free item per booth. This coming year with your help, we would like to offer even more. How You Can Be InvoIved: Three sponsorship levels: 1. Sponsor a Booth: The best way for you to be involved is for you to set up your own booth where you can give away somethi.ug of value. Your contribution will be recognized on a11 Festival Day flyers. Special Need....With such a large crowd afpeople we really need Zocal restaurants and b ocery stores to hel� us feed aI1 the people. 2. Don.ate Goods to Be Given Away: If you cannot be presen�, you cau s�ill donate goods that can be g'FVen away in the name of your organization. For example, yo�a could sponsor the drink booth and donate cans of pop. (We anticipate needing approximately 2000 cans.) Your contribution will be recognized on aII Festival Day flyers. 3. Make a Financial Con� 'VJe gladly accept your �-deductible donation. Donatioris of I00-$999 wi11 be will be recognized on Festival Day flyers. Donations of $1000+ will be reco�nized on all pre-Festival publicity and Festival Day flyers. We hope you see the value in what we are doing and choose to join in the fun of giving. H Thanks, Mark Hoste�ler Brooklyn Center Commun.iiy Festival Director Hostetlerhomencoincast.net 763-533-8602 t ._::y +�-2' y y 'tt-::: i-. rc..: •--.�.�'�:x ..-i i �,-��a��' Y i i r�� BUfLD11�IG GOIIt11tlIUNITY T�iROUGH KI1�IeD't�`ESS August 12, 2006 2:00 8:00 P.M. Free Concerts 5 r 5 Crosswaik Band T �;�.��F��. s a� r A&O Latin Band o.� �F��N Liberian Choir `_��°�as�ic `BBQ- �`��`Y� •��L��ri�n Foo�! Y BUMC Band BCC Praise Band b -,.�l�l��can Fooci �i Brighter Day �x��ss�rts�a.r�,d�11��J,�r��. -f s° +`Y�s F i� x `�e,�'°�'�b:-'x�-. r a�.� m m�,. n �'s��l'�oorawi�UaIJ��Castl� rd`�,��i�es and Acti��ties M'� �[in��"pJr� Cbunty READ Mob�le Free Shows IAO�t�obile. �T.aok�r� Cehfer Fire Trucks 4��.�� C&E Dog Training Show �.��Br��dy�a Ce;nfer Po6ce Cars LALUZ Dance Company �t�[t��Resource C.enter Boo�C G��e ��x' �z�,.�*� ��o��a�r,ration by Mayor K�a�nes� Puppet Show Presented by BCC m _r�'�'1��,s an�i'M�re -��";»tv� t f :s``� ��3'� -i�'�, .K....+ �„�,.c �.'s�`,�„ ��„t��"�� b�`�� Lr,tr,�.. ��w t c`�� .'�M.�%. fiY 5� "(�v}�F Absolutely Everything is FREE. Bring your lawn chair, come join the fun, meet your neighbors, promote unity and kindness, and celebrate the multicultural diversity of Brooklyn Center. Location: Cross of Glory Lutheran Church Parking Lot 5929 Brookl n Blvd. On e block north of B y ass Lake Rd.) Information: 763-533-8602 Sponsored by a cooperative effort of Brooklyn Center Churches and Businesses MEMORANDUM TO: City Council FROM: Curt Boganey, vkt:�� Manager DATE: July 6, 2006 SUBJECT: Request for more than two dogs at residence Background: Renae and Scott Provost have asked d to come before the City Council to request relief from the City Ordinance Section 1-109, which limits the number of dogs allowed within a residential area to not more than two. Currently the only exception to this limitation is for those individuals who possessed a private kennel license before Apri123, 2001 and have had this license renewed annually. If a resident possessed a Private Kennel License no additional dogs could be added to the license after April 23, 2001. i There is no provision in the ordinance that authorizes granting an exception. It is my opinion that for the Council to grant relief to the petitioners the Council would be required to amend the current ordinance. Action Requested: This item is not placed on the agenda for action. If the Council wishes to accommodate the request, staff should be directed to prepare an ordinance amendrnent. C: Scott Bechthold G:�Asst City Mgr\COUNCIL.071006dogs.doc JUN, 20. 2006 10.4iaAM EDINA REALTY TITLE NWCC N0. 1915 P. 2 ,3une 19, 2006 Ta the Brooklyn Center City Counci�, This letter is inform the eouncil the reason why we would like to come befare them. We are asking the Council ta allow us to continue to have 5 dogs. We have three poodles, a�es 12 and 2 10 year olds. We have one black Iab age 21/2 yea.rs and one chocolate lab age 1 year. We have had. the four dogs since their births and the blacl� lab we took in at 13 months as the owner neglected her and was gaing to get rid af her. We live one a.cre river Iot at 7032'Wii�ow Lane. There is an empty lot to the south of us. The Mississippi River to our east, street to the west and a neighbor ta the north. By July 1 st we w�ll have built a 6 foot sald fence on the north side, next to the neighbor. The south side af the lot has a fenced in pool. The labs are used for hunting and the poodles are indoor dogs. The labs are also inside dogs and are never left outside when we are not home. We take great pride in keeping our hom� and our yard in good shape. We invite anyone who ha� question to stap by and inspect our home and the dogs health. if the council needs any vet r�cords we wi11 be glad to provide then�. Thank you, Scott and Renae Provost 4a G 1T1' �F BROOKLYN CENTER ��0prtrr ccetts POLICE DEPARTMENT MN MEMORANDUM TO: Curt Boganey, City Manager FROM: Kevin Benner, Lieutenant DATE: July 3, 2006 SUBJECT: 7032 Willow Lane- Excess of Two Dogs Complaint I have prepared a timeline of information regarding the handling of the complaint from a neighbor about five dogs being housed at 7032 Willow Lane. Our department has investigated this matter and has found conclusive evidence that the homeowner at 7032 Willow Lane is keeping five adult dogs at this address in violation of Brooklyn Center Ordinance 19-104 Sub. 1. A citation was issued for this charge to the homeowner on June 18, 2006 to address this violation in court. A history report of 7032 Willow Lane shows no previous dog complaints to this address in the last two years Timeline: On April 3, 2006, CSO Thomas Logan responded to a neighbor complaint about five dogs being housed at 7032 Willow Lane. This property is owned and occupied by Steve and Renae Provost. CSO Logan spoke with the owners about having who admitted they had five dogs, but that they had been given permission by the City to exceed the Ordinance limit. They told CSO Logan they were grandfathered in by the City back when the Ordinance changed. The Provost's stated they were in the process of filing for a kennel license with the City, but that the City was several months behind due to a back log. The Provost's advised that they were having a neighbor dispute and that was the sole basis for the complaint. Unfortunately, CSO Logan believed this explanation for the five dogs and advised them about keeping their dogs on their property and closed the call as a neighbor dispute. On June 6, 2006, the neighbor called NLO Bald to find out the status of this case. It was at that time that NLO Bald tracked down the actions taken by CSO Logan and confirmed there was no known kennel license issued to the Provost's. CSO Logan returned to 7032 Willow Lane to discuss the kennel license issue, but there nobody answered the door. On June 8, 2006, CSO Logan returned to 7032 Willow Lane in an attempt to make contact with the homeowners, but nobody answered the door. CSO Logan left a message on the Provost's home phone to contact him and that they were violation of the Brooklyn Center Ordinance for having more than two dogs and he needed to see the kennel license paperwork they stated they had back April. On June 9, 2006, CSO Logan returned to 7032 Willow Lane and again received no answer at their door. A message was again left on the Provost home phone to call CSO Logan. In that message, CSO Logan gave them one week to address the excessive dog issue. On June 1l, 2006, CSO Logan was able to make phone contact with the Provost's. In that contact, Scott Provost, stated the police department was always bothering them and that they would need to drag out himself and his wife by their dead bodies before they would get rid of their dogs. CSO Logan then was able to speak with Renae Provost. She stated she had spoken to NLO Bald back in March and that he told her he would get all the information needed to �le an appeal to keep the dogs. (NLO Bald states this conversation did not occur.) Renae Provost stated she would be bringing in all the needed paper work to NLO Bald on June 12, 2006. On June 13, 2006, there was no contact made by the Provost, so CSO Logan contacted them and reminded them of the June 16, 2006 deadline before a citation will be issued. On June 16, 2006, City Clerk Sharon Knutson confirmed that the Provost's did come in to request an appeal for the Ordinance restricting a household to two dogs, but were not granted any kennel license or special permits. This matter was scheduled for review by the City Council on July 10, 2006 as a result of the requests made by the Provost's, but this was not a waiver of the Ordinance. On June 18, 2006, Scott Provost was issued a citation for housing more than two adult dogs. This Ordinance violation has not yet been heard by the courts. Section 1-106. STANDARDS FOR CONIl��RCIAL KENNELS. All commercial kennels sha11 be designed, operated and maintained according to the following standards: 1. Commercial kennel floors and walls shall be constructed of impervious materials and all structures, areas, and appurtenances shall be designed to facilitate thorough and convenient cleanin Commercial kennels shall e ade ua.tel v ntilated and all doors wind w b e o s and g q Y other openings to the outside shall be screened, May through October. The commercial kennels shall be provided with adequate and potable water supplies and sha11 be equipped with sewer facilities. Plans for all new commercial kennels and repairs or alterations to existing commercial kennels must be filed with and approved by the City's Public Health Sanitarian as a condition of the license. 2. Operating Standards. The licensee, its agents and employees sha11 operate and maintain the kennel in accordance with standards set out in Title 9, Chapter 1, Subchapter A, Part 3, Section 3.100 through 3.106 of the United States Department of Agriculture, Animal and Plant Health Inspection Service, a copy of which is adopted by reference. Section 1-107. RABIES VACCINATION REQUIRED. Apersonwho owns, harbors, orkeeps a dog over six months old within the city must have the dog vaccinated by a licensed veterinarian with an anti-rabies vaccine that is currently effective. A vaccination certificate is valid only for the dog and owner to which it is issued. A person must not use a rabies vaccination certificate for a different dog than the one for which it was issued. Section 1-108. TAGS. A person who owns, hazbors, or keeps a dog over six months old within the city must securely attach an identification tag or plate to the dog's collar so that it can be readily seen. The tag or plate must contain the name and home telephone number of the owner or other person who is keeping the dog. The identification tag or plate must be worn by the dog at all times when it is off the owner's or keeper's property. Section 1-109. LIMIT ON NUMBER OF CATS AND DOGS. Because the keeping ofthree (3) or more dogs or four (4) or more cats in the family dwelling unit or on the family premises is subj ect to great abuse, causing discomfort to persons in the area, by way of smell, noise, hazard, and general aesthetic depreciation, and because the irresponsible maintenance of three (3) or more dogs or four (4) or more cats within a residential area has been the source of a variety of complaints, no family or family member sha11 keep, harbor, or have custody of more than two (2) dogs, or more than tl�ree (3) cats, or a combination of more than five (5) animals exceeding six months of age in the family dwelling unit or on the family premises. Provided, however, those persons who were issued a private kennel license prior to Apri123, 2001, may seek renewal of their private kennel license as provided in Section 1-105. Ci o Brookl n Center 1-5 Ci Ordinance tY .f Y tY 2. Annlication for Private Kennel License. a. No new private kennel license will be issued on or after April 23, 2001. Those persons who were issued a private kennel license prior to Apri123, 2001, may seek renewal of their private kennel license as set forth in this Chapter. b. Renewal of License. Application for renewal of a private kennel license shall be made annually on October 1 to the City Clerk who shall maintain a register of kennel licenses. The application shall state the name and address of the applicant, the property address or legal description of the kennel location, and the name, age, breed, and sex of each dog to be kept. Proof of cunent rabies vaccination for each dog and the applicable license fee as set forth by City Council resolution must accompany the application. A private kennel license shall only authorize the keeping of those animals listed on the license application approved prior to April 23, 2001. Nothing herein sha11 authorize the holder of a private kennel license to have additional animals, beyond those identified in the application for which the license was granted prior to Apri123, 2001. At such time as the number of dogs on the licensed premises shall equal no more than two dogs, the license sha11 expire. A private kennel license shall be renewable only in the event no complaint regarding the kennel's operation has been received during the license yeaz. In the event that no revocation of the license is made or contemplated by the City Council, the license sha11 be renewable as set forth in this Chapter. t daxd for An roval. An a lication for renewal of a rivate kennel license shall c. S an s p pp p be reviewed by the City Clerk to insure compliance with this Chapter, with Chapter 19 of the City Ordinances, and with any condition imposed by the City Council at the time of issuance. d. License Revocation. In the event a complaint has been received by City officials, a report thereof shall be made to the City Council by the City Clerk and the City Council may direct the applicant to appear to show cause why the license should not be revoked. A license may be revoked for violation of this Chapter, Chapter 19 of the Brooklyn Center Ordinances, or any condition imposed by the City Council at the time of issuance. Section 1-105. STANDARDS FOR PRNATE KENNELS. A private kennel shall consist of an enclosed space in which all animals are confined when not under restraint and constructed so as to prevent the animals from running at large. Provision must be made to provide shelter during inclement weather. Every private kennel shall be kept in good repair and shall be maintained in a clean and sanitary condition. It shall be unlawful to maintain a private kennel in a way which constitutes a violation of this ordinance, a nuisance under Chapter 19 of the City Ordinances, or in violation of any condition imposed by the City Council at the time the license is granted. Ci Ordinance Ci o Brookl n Center 1-4 ty I tY .f Y Cit� Cauncil Agenda Item No. 7a Of�ce of the City Clerk City of Brooklyn Center A Millennium Community MEMORANDUM TO: Curt Boganey, Interim City Manager FROM: Sharon Knutson, City Clerk 'Rn�� DATE: July 6, 2006 SUBJECT: COUNCILMEMBER NIESEN: Requested Changes to Minutes Following are changes to the minutes of the May 22, 2006, City Council Study Session as submitted and requested by Councilmember Niesen. Approval of these minutes was tabled from the June 12, and June 26, 2006, City Council meeting: Page 3 REVISION OF POLICY 2.03 CITY COUNCIL COMMITMENT TO THE BROOKLYN CENTER CHARTER PAGE 206 AND SEVERAL OTHER POLICIES "Councilmember Niesen disagreed with Councilmember Carmod 's olic ro osal to onl Y P YP P Y allow a councilmember seminar/educational attendance/travel by majority vote. She noted our recently updated travel and educational policy allows councilmembers to choose their seminars and educational opportunities based on a policy that is applied to all, equally. She stated Councilmember Carmody's proposal could allow an unequal application of this policy based on the views of individual members." Also attached is an e-mail from Councilmember Niesen regarding Council Reports. 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 (763) 569-3434 FAX (763) 569-3494 www.cityo fbrooklyncenter.org Sharon Knutson From: Curt Boganey t: Monday, June 26, 2006 3:10 PM Sharon Knutson Subject: FW: For 6-26-06 meeting: Minutes: Councilmember Reports Agenda Item reporting =Y1 �rom: Diane Niesen �ent: Monday, )une 26, 2006 3:08 PM �o: Curt Boganey Subject: For 6-26-06 meeting: Minutes: Councilmember Reports Agenda Item reporting rhere is no purpose for Minutes to report whether allcouncilmembers made comment or inquiry on every Agenda item. Similarly, the ioluntarily-provided Council Reports are reported in the Minutes so there is no need for other types of statements that convey no �eceipt of this voluntary Agenda item. 3elow is Minutes history on Council Report Agenda items at Regular Council Meetings. 5-22: all reported 5-8: "Councilmember Carmody had nothing to report." 4-24: all reported 4-10: 3 paragraphs from Councilmembers Carmody, Lasman and Kragness 3-27: 4 paragraphs from O'Connor, Carmody, Lasman and Kragness 3-13: 4 paragraphs from Carmody, Lasman, Niesen and Kragness 2-27: all reported 2-13: 4 paragraphs from Carmody, Lasman, Niesen and Kragness 1-23: 3 paragraphs from Carmody, O'Connor and Niesen 1-9: 3 paragraphs from Lasman, O'Connor and Kragness 7/6/2006 Office of the City Clerk City o f Brooklyn Center A Millennium Community MEMORANDUM TO: Curt Boganey, Interim City Manager FROM: Sharon Knutson, City Clerk ��,�/L� DATE: July 5, 2006 SUBJECT: COUNCILMEMBER O'CONNOR: Requested Changes to Minutes Attached are changes to the minutes of the May 22, 2006, Study Session, June 5, 2006, Joint Work Session With the Financial Commission, June 12, 2006, Study Session, and the June 12, 2006, City Council Regular Session as requested by Councilmember O'Connor. These minutes were tabled at the June 26, 2006, Council meeting. Attachments 6301 Shingle Creek Parhway 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 i C a �''L.! 1 a r ..S` public meetings. Councilmember Carmody stated concern that she was represented inappropriately by Councilmember O'Connor in Washington, D.C. while on a City sponsored trip. She stated the tax pa�er� shQUld no�t be gaying f�r Councilmember O'Connor's expression of personal opinion and not that of the entire City Council. Councilmember O'Connor responded she was elected to express her opinion. The national deb� arid deficit are more important thazi Comrnunity I�evelopment �lock Grant.�. Mayor Kragness responded Councilmembar Q'Connor is paid to attend the events and to represent the City af Bmoklyn Center and several��called her to express embarrassment over Cc�uncilmember O'Connor's actions in Washington, .C. �`��°�s.� Councilmember Carmody stated the City Council shauld approve the expression of particular viewpoints where the entire City Council or City of Broaklyn Center is being xepresented. Co�ancilmember Niesen disagreed with Councilmember Carmody and stated her view could be construed as policing other Cauncilmembers behavior. She stated the majority should not be allowed to block other Councilmernbers from traveling and expressing their opinions. She stated the policy is to travel outside of the state twice in a four year term and the goal is to make laws and outline policies that will outlive the Councilmembers, not to craft a restrictian because we came across an inappropriate behavior. She suggested that behaviors and expectations be discussed amongst the Cauncilmembers. Mayor Kxagness stated Cauncilmembers have the freedom of speech; however eac�i Counczlmember needs to remember that they aze representing the entire City of Brooklyn Center. She stated she was embarrassed when she received calls frorn regarding Councilmember O'Connor's behavior. yv�ayors Couneilmember Lasman stated opposition to restricting the attendance of conferences however stated such platforms as the conference Councilmember O'Connor attended should not be used as a forum to speak out inappropriately. I COi3NCIL MEMBER NIESEN: NEW PROPOSAL FOR CITY MANAGER REVIEW FORM Councilmember Carmody stated she would tike to postpone the City Manager review form until next year because Mr. McCauley will no langer be with the City and she thought there was a consensus that the current form wauld be used until next yeaz. She stated a new City Cauneil may be elected and may wish to amend the form again. She sta.ted she is nat interested in discussing it at this time. Councilmember Niesen stated she has spent a great deal of time an the form and would like to insure that a form is in place prior to the hiring of a new City Manger. It was suggested that Councilmember Niesen be given five minutes to discuss the item. o cilmember O'Connor stated the were willing to ditscuss the matter. Mayor Kragness and C un Y ADJOU.RN STUDY SESSION TO INFORMAL OPEloi RORUM WITH CITY COUNCIL OS/22/06 3 '1 U��' S G 4 Y t!"�. t a 11 S Y MINUTES OF THE PROCEEDINGS OF TI� CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINN�SOTA. JO1NT WORK SESSION WITH FINANCIAL COM1yIISSI�N JtJNE 5, 2006 CITY HALL COUNCII. CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Wark Session and was called ta order by Mayar Pro Ternr Lasman at b:30 p.sn. ROLL CALL Mayor Pro Tem Kay Lasman and Cauncilmembers Kathleen Carmody, Diane Niesen, and Nfary O'Connor. Mayor Myrna Kragness was absent and excused. Also present: Assistant City Manager/Di.rector of Operations Curt Boganey, Fiscal and Support Services Director Dan Jordet, and Deputy City Clerk Camille Worley. Others present were Financial Commissioners Mark Nemec and Susan Shogren Smith. PRESENTATION BY AUDITOR OF 2005 AIJIaIT AND C011�IPREHENSIVE ANNUAL FINANCIAL REPORT David Mol, Partner, HLB Tautges Redpath, Ltd. outlined the following cluded on the Report an Intemal Control Over Financial Reporting and on Compliance and Other�atters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards: e� e��'� b i�. C� v�.d o�,,s Tn4a+++�1 r..t+�rnl flvPr Finanrial i?Pr�nr1'ina o Jaurnal Entries o Utility Billing Adjustments o Golf Course Z Tapes o Water Consumption o Investment Policy o Liquor Inventory Adjustments '-��s� and Other Matters NL'fLC�.�n !�'An� It was noted that tfiere are some receni�y issued accounting siandarcis that wi11 impact tl�e b�tdget process next yeaz. Covncil�1ember Niesen sta.ted there was a sepazate letter to management last year and not this year. She stated difficulty finding the condition of Z Tape. ivlr. Mol sta.ted all the findings were placed in 06/OS/Ob -1- DRAFT P Gt V�� .5' ��a l�. c�i. J cl the internal control letter, whereas last year they were segara.ted and some were included in the management letter. He stated naw anything significant must be placed in an Intemal Control Letter. Fiscal and Support Services Director Dan Jordet stated it is a repeat condition however the Z Tape condition was corrected last year and this yeaz. f r �C.� r(`" S �l-e cQ c� W �7�f� P�c la� e c a s+�,c� -�'i� ca s' Counci�ember Lasman stated she would like a summary report. City Manager/Director of Operations Ci�t°t Baganey stated it would be piaced on a City Council agenda to give a summary report to the public. ��'ss�� Mr. Jordet discussed the Investment Policy and stated he would like to review the Investrnent Policy, bring it to the Financial Commission for review, then to the City Cauncil for amendment. He also discussed the purchasing of corporate paper and stated purchas�ng such items would be out of the norm, even though it is allowed by policy. He stated the City's investments are restricted, justifying the review of the Investment Policy. t the collection of ro erty taxes. Andrew Hering, Senior bou p P Connor in uired a Councilmember Q q Auditor, HLB Tautges Redpath, Ltd. explained that 100% of the taac levy will never be collected. Mr. Hering discussed the draft Audit Management Letter and oudined the following: Report summary eiernents, overview, and other matters Financial Sta.tement Analysis o Summary of Financial Activity, Sta.tement of Activities, Tax Increments, and Interfund Payables/Receivables. General Fund o Working Capital Reserve Special Revenue Funds o Housing and Redevelopment Authority Fund, Economic Development Authority Fund, TIF District No. 2-Earle Brown TIF Fund, TIF District No. 3 Fund, TIF District No. 4 Fund, and City Initiatives Grant Fund. Debt Service Funds Capital Projects Funds o Capital Reserve Emergency Fund, Capita.l Improvements Fund, Municipal State Aid for Construction Fund, Infrastructure Construction Fund, EBHC Improvements Fund, Street Reconstruction Fund, Technology Fund, Municipal Liquor Fund, Golf Course Fund, EBHC Fund, Recycling and Refuse Fund, Water Utility Fund, Sanitaty Sewer Fund, Storm Drainage Fund, and Street Light Fund. c,� k�; I h� e w•d e�- �a `C c� r. b r a s 1k e,r z 8'; w�. r� s K.'� �•r e 5 e v t' �;e. t'� Hs a r� r-�.r� l L. h� v� r:� I 1�-� a�t' f und 'auor F l� Municinal Li i ol T snnnr an�i4 an� hnw nntent�al mventory 1 ui ua r the rocess of *��u� Mr. Herin discussed p g t the invento s stem was shorta�es were estimated. Ndr. Eoganey explain��l that it is possible tha rY Y incorrectly used, rather than actual inventory shortages. U6/0�/05 -2- llxAr.i 7 C ^1/� r. y�'7!` i^/ E t ,�d f V Y1 r T iTVll l.UU1JG 1U11U Mr. Jordet discussed the accounting of the Golf Cowse Fund. Mr. Hering, Staff, and the City Council discussed the different financiai statements for the Golf Course Fund. Councilmember O'Connor inquired about the Debt Service Principle under expenditures, particularly tne amount o� interest owed pius principie. ivir. .iordei siaied ii is snov�m under Services and Other Charges and stated it is important to keep track of the Debt Service Principle because that is what has a direct impact on how much TIF Assistance the project gets. Intemal Service Funds �..r,t, e �SS �x�7'� v n f� I`- V' 'r� ln. b�r Gl SY�"'z O�-'1 MISCELLANEOUS r 9 C Co�ancilmember Niesen stated she would like her proposed City Manager Evaluation Form to be brought to a vote. She stated she did a lot of work on it and is not willing to wait until February of 2007 for the item to be brought to a vote. Mayor Pro Tem Lasman responded it was the consensus of the City Council that it would be looked at in February 2007, when the new City Council has been elected and the new City Manager would have had some time to get ta know the City. Counciimember Caxmody stated it is not appropriate to try ta get it on the agenda after the entire City Council decided it would not be until February 2007. She sta.ted Councilmember Niesen could request that it be placed on the agenda at the time of agenda approval. She stated no intention to vote for approval; however, it should be brought up in front of the entire City Council to be placed on the agenda. CounciImember Niesen stated all City Councilmembers are equal and should be allowed to do busines� by bringing something to a vote. Mayor Pro Tem Lasrnan stated the consensus of the City Council still stands and it should not be voted on at this time. ADJOURNMENT A motian by Caunciimember Cazmody, seconded by Councilmember Niesen to adjourn the Work Session at 8:42 p.m. Motion passed unanimously. City Clerk Mayor 06/05/06 -3- DRAFT �n t� f�� y' s C a J`'t�� c� 1�`l, MIl�IUTES OF THE PROCEEDINGS OF THE CiTY COUNCIL UF 'TI-� �ITY �F �RQQ?CLY?�T CE�1'TLF. IN THE CCIJ�TTY (1F T-TRTAThTFATAT A T;TTI TLT� �•r ��r� n� a �rn.n.�rn�r u visaas. va iv111�1V1'+JV11'i S�t�U:u`� SESSIC)N JUNE 12, 2006 CIT�' �IALL CG�UNCIL CHAMEERS �ALL 'TO ORDEit The Broaklyn Center City Council met in Sfudy Sessian and was ealled to order by Mayor Myma Kragness at 6:00 p.r�. �oL�, cal..I. Mayor Myrna Kragness and Councilmembers Katlzleen Carmody, Kay Lasman, I?iane Niesen and Mary O'Connor. Also present were City Manager Michael McCauley, Assistant City A,�a�ager/Directar �f ()peratians Curt Boganey, Pubiic Works Director/City Engineer Todd Blomstrom, Community Development Director Brad Haffinan, and Deputy City Clerk Camille i�Vorley. CI�Y COiJNCIL I?ISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember O'Connor stated she distributed her conections to the minutes. She inquired abaut t,�e number of proposals mailed and received back regarding Item No. 7d. Assistant City Manager/Director of Operations C oganey stated two �rc�posals were received. City Manager Michael Mc�auley state 12-20 ere maiied. s� t� �0' v^�. y v�.� u w,� Councilmember O'Connor stated she will be moving Item No. 7d to the regular agenda for discussion. Councilmember Lasman asked if the person being charged with assault at 5419 Humboldt Aven�.� �T�r�h as b�en re�ov� �or� the property. Mr. 1VIcCauley stated there would be potential prosecution; however it would not effect the licensing provision. He stated the number of incidents would effect the licensing of the property. The City Council discussed a proper date for the Joint Meeting with Opportunity Site Task Force und ��me the e��sensus to hold the meeting on Wednesda July 5 with the backu date of July Y P 12. Mr. McCauley stated Mr. Boganey can check on the date and confirm it with the City �ouncil at the June 26 City Council meeting. It was the cansensus of the City Council to remove Item No. 7d. frar� the agenc�a. Councilmember Carmody stated opposition to a portian of the arnendments to the minutes submitted by Councilmember Niesen. She stated she would like to pull the Study Session meetin� minutes and she will look at the tane to review the dis�ussiQ�a. 06/12/06 l DR:AFT f C... z 4/ c`'�` y'� 2. The Final Plat is suhject to the provisions of Chapter 15 of the City Ordinances. 3. The financial guarantee being held for Planning Commission Application No. 930Q9 subrnitted by V'Tendy's International shall not be released until the Final Plat has been approved by the City Couaicil and filed with Hennepin County and aIl landscaping and parking lot improvements camprehended under the expanded parking lot plan have been completed and are in compliance with the maintenance provisians of the executed performance agreement. Motion passed unanimously. 9. Ct,UNCIL CONSIDERATION ITEMS 9a. RE50I�UTION NU. 20Q6-72 ADOPTING COMPREHENSIVE ANNUAL �`INANC�AL R�PORT OF THE CITY OF BROOI�LYN CENTER FOR THE CALENDAR 1'EAR ENDED DECEMBER 31, 20Q5 David Mol, Partner, HLB Tautges Redpath Ltd, presented a PawerPoint presentation on the Comprehensive Annual Financial Report, a fotlow up to the Joint Meeting with the Financial Commissian on June 5, 2006. r 6 i r� Gi Y l +9 Yt !1 c. r E3! .5 �O �F /'l 3 Lv �'t �J l ,y ��C.�G( i Y'` L's's C? t� F b 'I he City Council and Mr. Mol discussed the report including the Internat Control Letter, TIF Districts, Utility Billing Adjustments, and Bond Reporting. ��r f' C��arnti� ��V,�� wi� ��w.;v.;s#-�r�--�ive. s�vrv�e�e. r��v►r ��✓'..s' Councilmember Carmody moved and CounciImember Lasrnan seconded adoption of �nrr e,-�. RESOLUTION NO. 2006-72 Adopting Comprehensive Annual Financial Report of the City of e�,, C -f- Brooklyn Center for the Calendar Year Ended December 31, 2005. a s t�n ��,j, r �L��{ a; Motion passed una.nimously. 9b. RESOLUTION NQ. 2006-73 AUTHORIZING THE CITY MANA�ER TO ENTER INTO AN AGREEMENT WITH ALPHA VIDEO FOR CABLE MESSAGING SERVICES Mr. McCauley explained that the City Council expressed an interest that the Cable Message Service be rupdated regarding display of City events. He stated the upgrade has been explored and a proposal has been prepared. He discussed the computer based program that will allow start and end dates to be entered so that the system will automatically cease displaying of expired events. He discussed the feature that allows for emergency information to override other programxning. He stated the simplified program also reflects a cost savings. Councilmember Niesen stated support for the overdue upgrade. Councilmember O'Connor sta.ted opposition to a messaging system. Councilmember Niesen maved and Councilmember Lasman seconded adoption of RESOLUTION NO. 2006-73 Authorizing the City Manager to Enter Into an Agreement with Alpha Video for Cable Messaging Services. 06/12/06 5 DR.AFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION MAY 22, 2006 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 and Mary O'Connor. Also present were City Manager Michael McCauley, Assistant City Manager/Director of Operations Curt Boganey, Public Works Director/City Engineer Todd Blomstrom, Community Development Director Brad Hoffinan, and Deputy City Clerk Camille Worley. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember O'Connor stated she would be removing item 7d. from the consent agenda for discussion. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS COUNCIL MEMBER LASMAN: CITIZEN PETITIONS FOR STOP SIGNS Councilmember Lasman stated she understands the process of installation of stop signs, however stated she feels the intersection of 54 Avenue and James Avenue is in need of a stop sign. She stated residents of the area have requested this stop sign and she feels it would be nice if all residents had an avenue to pursue installation of stop signs. City Manager Michael McCauley explained that many stop sign requests are made for this area, which has a stop sign every two blocks. He explained that if stop signs are too abundant, motorists start to ignore them, making the situation more dangerous. Councilmember Carmody suggested that those residents who wish to petition for a stop sign appear in front of the City Council so that it may review the situation and so that the City can explain the process and liahility. Councilmember Lasman responded that she disagreed with having the residents appear at a City Council meeting if the answer is going to be no. Mr. McCauley explained that if the request for a stop sign is reviewed by the Traffic Committee and denied, the requesting party is notified in writing of the denial and their right to appeal to the City CounciL OS/22/06 1 DRAFT I r COUNCIL MEMBER O'CONNOR: REMOVAL OF POLICIES 2.60 2.61 ON HOUSING BONDS AND BUSINESS SUBSIDY PAGES 254-258 Councilmember O'Connor stated the City borrowed money last year and is now repaying it. She stated the City should not be borrowing money so that ta�ces are not raised to repay the loan. She further stated the City should not be involved in a business subsidy or housing bonds. Councilmember Carmody stated the business subsidy is partially guided by the State of Minnesota. She stated she is not interested in discontinuing use of the housing bonds and business subsidies. I Councilmember Niesen suggested that these items be brought forward during the budget discussions. She stated it would be helpful if Councilmember O'Connor would put her request or concern in writing. I COUNCIL MEMBER CARMODY: REVISION OF POLICY 2.03 CITY COUNCIL M CO MITMENT TO THE BROOKLYN CENTER CIiARTER PAGE 206 AND SEVER.AL OTHER POLICIES Councilmember Carmody asked if commitment to the Charter is necessary each year and if there are changes, if just those changes can be confirmed. She stated confusion as to why parts of the Charter are emphasized in the annual resolutions. Councilmember Niesen stated agreement with Councilmember Carmody and suggested that future resolutions only reaffirm the City's commitment and not specify sections. Mayor Kragness stated she would be in favor of simplifying the resolution as long as there is an annual affirmation of the Charter. Councilmember Niesen suggested that Councilmember Carmody draft a simplified resolution i establishing recommitment to the Charter. Mayor Kragness suggested asking the Charter Commission to draft a simplified resolution. Mr. McCauley stated he would provide a draft of a simplified resolution. Councilmember Carmody suggested an amendment to the policy requiring prior consent to purchase materials. She stated the materials are usually available after the conferences; therefore the City Council should review the purchasing of the materials as a whole. Mr. McCauley stated he would provide a draft amendment to the policy. Councilmember Cannody stated she would like to have included in the introduction to controversial public hearings that it is inappropriate to clap, boo or otherwise express support or I disapproval of a speaker or a particular statement during the public hearing. Councilmember O'Connor stated objection to restricting residents from expressing themselves. Councilmember Carmody responded it is parliamentary procedure and should be followed at all OS/22/06 2 DRAFT public meetings. Councilmember Carmody proposed that the Council change the procedure for national conferences to have each attendee get prior permission to attend the conference to avoid this situation in the future. Councilmember Carmody stated concern that she was represented inappropriately by Councilmember O'Connor in Washington, D.C. while on a City sponsored trip. She stated the tax payers should not be paying for Councilmember O'Connor's expression of personal opinion and not that of the entire City Council. Councilmember O'Connor responded she was elected to express her opinion. The national debt and deficit are more important than Community Development Block Grants. Mayor Kragness responded Councilmember O'Connor is paid to attend the events and to represent the City of Brooklyn Center and several residents called her to express embarrassment over Councilmember O'Connor's actions in Washington, D.C. Councilmember Carmody stated the City Council should approve the expression of particular viewpoints where the entire City Council or City of Brooklyn Center is being represented. Councilmember Niesen disagreed with Councilmember Carmody and stated her view could be construed as policing other Councilmembers behavior. She stated the majority should not be allowed to block other Councilmembers from traveling and expressing their opinions. She stated the policy is to travel outside of the state twice in a four year term and the goal is to make laws and outline policies that will outlive the Councilmembers, not to craft a restriction because we came across an inappropriate behavior. She suggested that behaviors and expectations be discussed amongst the Councilmembers. Mayor Kragness stated Councilmembers have the freedom of speech; however each Councilmember needs to remember that they are representing the entire City of Brooklyn Center. She stated she was embarrassed when she received calls from residents regarding Councilmember O'Connor's behavior. Councilmember Lasman stated opposition to restricting the attendance of conferences however stated such platforms as the conference Councilmember O'Connor attended should not be used as a forum to speak out inappropriately. COUNCIL MEMBER NIESEN: NEW PROPOSAL FOR CITY MANAGER REVIEW FORM Councilmember Carmody stated she would like to postpone the City Manager review form until next year because Mr. McCauley will no longer be with the City and she thought there was a consensus that the current form would be used next year. She stated a new City Council may be elected and may wish to amend the form again. She stated she is not interested in discussing it at this time. Councilmember Niesen stated she has spent a great deal of time on the form and would like to insure that a form is in place prior to the hiring of a new City Manger. It was suggested that Councilmember Niesen be given five minutes to discuss the item. OS/22/06 3 DRAFT Mayor Kragness and Councilmember O'Connor stated they were willing to discuss the matter. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Councilmember Carmody moved and Councilmember Lasman 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 Niesen distributed the revised version of the City Manager's review. She discussed the changes made from the previous draft form. Councilmember Lasman suggested that the form be revisited during the first meeting in February, 2007, with the new City Council. She stated the City Council at that time is the one that should be reviewing the matter. Mr. McCauley stated the presented form would be inappropriate if used to evaluate a new City Manager who is learning tk�e City. He stated a streamline form needs to be in place for a new City Manager and the proposed form would be more appropriate for a City Manager who has been in the City for a while. He stated the first evaluation needs to be focused and relevant to a new manager. Councilmember Niesen stated the form should be completed now and could be used in the subsequent year. Mayor Kragness stated the proposed form could be referenced by the new City Council; however it is not needed at this point. ADJOURNMENT Councilmember Lasman moved and Councilmember Cannody seconded to close the Study Session at 6:56 p.m. Motion passed unanimously. City Clerk Mayor OS/22/06 4 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 JOINT WORK SESSION WITH FINANCIAL COMMISSION JUNE 5, 2006 CITY HALL COLJNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Work Session and was called to order by Mayor Pro Tem Lasman at 6:30 p.m. ROLL CALL Mayor Pro Tem Kay Lasman and Councilmembers Kathleen Carmody, Diane Niesen, and Mary O'Connor. Mayor Myrna Kragness was absent and excused. Also present: Assistant City Manager/Director of Operations Curt Boganey, Fiscal and Support Services Director Dan Jordet, and Deputy City Clerk Camille Worley. Others present were Financial Commissioners Mark Nemec and Susan Shogren Smith. PRESENTATION BY AUDITOR OF 2005 AUDIT AND COMPREHENSIVE ANNUAL FINANCIAL REPORT David Mol, Partner, HLB Tautges Redpath, Ltd. outlined the following included on the Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards: Internal Control Over Financial Reporting o Journal Entries o Utility Billing Adjustments o Golf Course Z Tapes o Water Consumption o Investment Policy o Liquor Inventory Adjustments Compliance and Other Matters It was noted that there are some recently issued accounting standards that will impact the budget process next year. Councilmember Niesen stated there was a separate letter to management last year and not this year. She stated difficulty finding the condition of Z Tape. Mr. Mol stated all the findings were placed in the internal control letter, whereas last year they were separated and some were included in the management letter. He stated now anything significant must be placed in an Internal Control Letter. 06/OS/06 -1- DRAFT Fiscal and Support Services Director Dan Jordet stated it is a repeat condition however the Z Tape condition was corrected last year and this year. Councilmember Lasman stated she would like a summary report given at the next regular Council meeting for the benefit of the residents. Assistant City Manager/Director of Operations Curt Boganey stated it would be placed on a City Council agenda to give a summary report to the public. Mr. Jordet discussed the Investment Policy and stated he would like to review the Investment Policy, bring it to the Financial Commission for review, then to the City Council for amendment. He also discussed the purchasing of corporate paper and stated purchasing such items would be out of the norm, even though it is allowed by policy. He stated the City's investments are restricted, justifying the review of the Investment Policy. Councilmember O'Connor inquired about the collection of property taxes. Andrew Hering, Senior Auditor, HLB Tautges Redpath, Ltd. explained that 100% of the tax levy will never be collected. Mr. Hering discussed the draft Audit Management Letter and outlined the following: Report summa.ry elements, overview, and other matters Financial Statement Analysis o Summary of Financial Activity, Statement of Activities, Tax Increments, and Interfund Payables/Receivables. General Fund o Working Capital Reserve Special Revenue Funds o Housing and Redevelopment Authority Fund, Economic Development Authority Fund, TIF District No. 2-Earle Brown TIF Fund, T1F District No. 3 Fund, TIF District No. 4 Fund, and City Initiatives Grant Fund. Debt Service Funds Capital Projects Funds a Capital Reserve Emergency Fund, Capital Ixnprovements Fund, Municipal State Aid for Construction Fund, Infrashucture Construction Fund, EBHC Improvements Fund, Street Reconstruction Fund, Technology Fund, Municipal Liquor Fund, Golf Course Fund, EBHC Fund, Recycling and Refuse Fund, Water Utility Fund, Sanitary Sewer Fund, Storm Drainage Fund, and Street Light Fund. Municinal Liauor Fund Mr. Hering discussed the process of the Municipal Liquor audit and how potential inventory shortages were estimated. Mr. Boganey explained that it is possible that the inventory system was incorrectly used, rather than actual inventory shortages. Golf Course Fund Mr. Jordet discussed the accounting of the Golf Course Fund. Mr. Hering, Staff, and the City Council discussed the different financial statements for the Golf Course Fund. 06/OSl06 -2- DRAFT Councilmember O'Connor inquired about the Debt Service Principle under expenditures, particularly the amount of interest owed plus principle. Mr. Jordet stated it is shown under Services and Other im rtant to ke track of the Debt Service Princi le because that is what has Charges and stated it is po ep p a direct impact on how much TIF Assistance the project gets. Internal Service Funds MISCELLANEOUS Councilmember Niesen stated she would like her proposed City Manager Evaluation Form to be brought to a vote. She stated she did a lot of work on it and is not willing to wait until February of 2007 for the item to be brought to a vote. Mayor Pro Tem Lasman responded it was the consensus of the City Council that it would be looked at in February 2007, when the new City Council has been elected and the new City Manager would have had some time to get to know the City. Councilmember Carmody stated it is not appropriate to try to get it on the agenda after the entire City Council decided it would not be until February 2007. She stated Councilmember Niesen could request that it be placed on the agenda at the time of agenda approval. She stated no intention to vote for approval; however., it should be brought up in front of the entire City Council to be placed on the agenda. Councilmember Niesen stated all City Councilmembers are equal and should be allowed to do business by bringing something to a vote. Mayor Pro Tem Lasman stated the consensus of the City Council still stands and it should not be voted on at this time. ADJOURNMENT A motion by Councilmember Carmody, seconded by Councilmember Niesen to adjourn the Work Session at 8:42 p.m. Motion passed unanimously. City Clerk Mayor 06/OS/06 -3- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION JtJNE 12, 2006 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 and Mary O'Connor. Also present were City Manager Michael McCauley, Assistant City Manager/Director of Operations Curt Boganey, Public Works Director/City Engineer Todd Blomstrom, Community Development Director Brad Hoffinan, and Deputy City Clerk Camille Worley. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember O'Connor stated she distributed her corrections to the minutes. She inquired about the number of proposals mailed and received back regarding Item No. 7d. Assistant City Manager/Director of Operations Curt Boganey stated two proposals were received. City Manager Michael McCauley stated 12-20 were mailed. Councilmember O'Connor stated she will be moving Item No. 7d to the regular agenda for discussion. Councilmember Lasman asked if the person being charged with assault at 5419 Humboldt Avenue North has been removed from the property. Mr. McCauley stated there would be potential prosecution; however it would not effect the licensing provision. He stated the number of incidents would effect the licensing of the property. The City Council discussed a proper date for the Joint Meeting with Opportunity Site Task Force and came to the consensus to hold the meeting on Wednesday July 5 with the backup date of July 12. Mr. McCauley stated Mr. Boganey can check on the date and confirm it with the City Council at the June 26 City Council meeting. It was the consensus of the City Council to remove Item No. 7d. from the agenda. Councilmember Carmody stated opposition to a portion of the amendments to the minutes submitted by Councilmember Niesen. She stated she would like to pull the Study Session meeting minutes and review them in more detail. 06/12/06 1 DRAFT MISCELLANEOUS Councilmember O'Connor stated she received an email regarding 5453 Bryant Avenue North, which is an empty house with a mess in both the front and back yards. She asked if the matter was resolved. Mr. Boganey stated he does not recall receiving an email regarding the matter; however, he will report it to Code Enforcement for review. Councilmember O'Connor inquired about the letter from the woman cited by the Police Department at Brookdale Mall. Mr. Boganey stated the matter has been turned over to the City Attorney who will be investigating the allegations and will report on the facts of the situation. ADJOURNMENT Councilmember Carmody moved and Councilmember Lasman seconded to close the Study Session at 6:30 p.m. Motion passed unanimously. City Clerk Mayor i 06/12/06 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 REGULAR SESSION JUNE 12, 2006 CITY HALL COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum and was called to order by Mayor Myrna Kragness at 6:45 p.m. ROLL CALL Mayor Myrna Kragness and Councilmembers Kathleen Cannody, Kay Lasman, Diane Niesen and Mary O'Connor. Also present were City Manager Michael McCauley, Assistant City Manager/Director of Operations Curt Boganey, Public Works Director/City Engineer Todd Blomstrom, Community Development Director Brad Hoffinan, City Attorney Charlie LeFevere, and Deputy City Clerk Camille Worley. Mayor Kragness opened the meeting for the purpose of Informal Open Forum. Ken Barros, 5006 Zenith Avenue North, expressed concern for illegal use of commercial fireworks at 5017 Brooklyn Boulevard. He described events that took place on July 4, 2005, and demanded that the issue be resolved before July 4, 2006. He distributed a statement listing his concerns and requested action. City Manager Michael McCauley discussed the police response times related to the number of officers on duty and various situations of priority. He said the statement from Mr. Barros would be given to the Police Chief for review. Jill Dalton, 6417 Colfa�c Avenue North, owner of Curves, discussed their affiliation with the Minnesota School of Business in regard to Therapeutic Massage. She discussed the benefits of Therapeutic Massage and asked that the City of Brooklyn Center reconsider the licenses fees for Therapeutic Massage so that those services can be offered at Curves. Councilmember Carmody suggested that the matter be discussed at a Wark Session. Mr. McCauley responded that the matter was previously discussed by the City Council and those materials can be pulled and included for review at a future Work Session. Councilmember Lasman moved and Councilmember Carmody seconded to close the Informal Open Forum. Motion passed unanimously. Informal Open Forum closed at 6:58 p.m. 06/12/06 1 DRAFT 2. INVOCATION Mayor Kragness offered a moment of silence for the invocation. I 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/Director of Operations Curt Boganey, Public Works Director/City Engineer Todd Blomstrom, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and I De ut Ci Clerk Camille Worle P Y tY Y 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. I P RT 6. COUNCIL RE O Councilmember O'Connor had nothing to report. Councilmember Lasman stated on May 23 she attended the Brooklyn Center High School I ol was awaxded $15 000 as a res onse to its remon the scho P Gramm Foundation Awards Ce Y Y grant application; a wonderful concert was preformed after the ceremony; and the school should be commended. She attended a Police and Neighborhood Forum at Earle Brown Elementary on May 24 and said more of these meetings are scheduled for the fall and encouraged people to attend. She attended a Joint Meeting with the Financial Commission on June S I Councilmember Carmody stated she also attended the Brooklyn Center High School Grammy Foundation Awards Ceremony and thought the displayed impact of one teacher was great. She attended the Watershed Commission meeting. She stated next Thursday starts Earle Brown Days with the parade on Thursday evening and Ice Cream Social on Friday and discussed other events to be held during Earle Brown Days. Councilmember Niesen had nothing to report. Mayor Kragness stated she attended the Board of Hennepin County Commissioners celebration honoring the reopening of the Hennepin County Transfer Station in Brooklyn Park, which was is now more user-friendl She discussed the Six Sim le Steps to being a Good ex anded and P p Y Neighbor postcard that was sent to a11 Brooklyn Center residents and recommended that residents contact the City if they have not received one. She presented City Manager Michael McCauley with a Mayors Proclamation honoring his service to the City of Brooklyn Center. 06/ 12/06 2 DRAFT 7. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Lasman moved and Councilmember Carmody seconded to approve the consent agenda and agenda as amended, with the removal of Item No. 7d (Set Date and Time for Joint Meetin with ortuni Site Task Force for June 28, 2006, at 7 p.m. to Review Proposals g �P tY Received for the 57th and Logan Avenues Redevelopment Site) from the Consent Agenda, amendments to the May 22, 2006 Regular Session minutes and May 22, 2006 Work Session minutes as submitted by Councilmembers O'Connor and Niesen, and removal of the May 22, 2006 Study Session minutes for further review and the following consent items were approved as amended: 7a. APPROVAL OF MINUTES 1. May 22, 2006 Regular Session 2. May 22, 2006 Work Session LICENSES 7b. AMUSEMENT DEVICE AMF Earle Brown Lanes 6440 James Circle CDL 11071 93rd Ave N, Suite A, Maple Grove B.C. Community Center 6301 Shingle Creek Parkway Davanni's 5937 Summit Drive MCTO 6845 Shingle Creek Parkway B.G Legion 6110 Brooklyn Blvd Denny's Restaurant 6405 James Circle Metro Coin of Minnesota 6301 Shingle Creek Parkway Theisen Vendin� Companv 2335 Nevada Ave N, Golden Valley B.C. Community Center 6301 Shingle Creek Parkway Family Dollar #4514 6223 Brooklyn Blvd Family Dollar #5110 2105 5'7 Ave N GARBAGE HAULER BFI Waste Systems 8661 Rendova St NE, Circle Pines Darlin International Inc 9000 382nd Ave, Blue Earth g P. O. Box 627 Ma le Grove Walz Brothers Sanitation p MECHANICAL Dependable Indoor Air 2619 Coon Rapids Blvd NW, Coon Rapids Kingsway Mechanical 6250 Hwy 12, Maple Plain Metro Sheet Metal Inc. 3260 Fanum Road, St. Paul RENTAL Renewal 2401 54 Ave N(Two Family, One Unit) Joseph Linda Hoffinan 5401 Brooklyn Blvd (Single Family) Northport Properties 06/12/06 3 DRAFT 5415 Brooklyn Blvd (Single Family) Duane Orn 5235 Drew Ave N(Two Family, One Unit) Jay Nelson Battenberg Initial 15313 62" Ave N(Single Family) Doua Yang 5901 Aldrich Ave N(Single Family) Scott Vickie Huber 6012 Halifa�c Ave N(Single Family) Kris Knosalla 5419 Humboldt Ave N(Single Family) Pineda Cecilia 5556 Logan Ave n(Single Family) Nick Morris 3306 Quarles Road (Single Family) John Sonja Simpson 7c. RESOLUTION NO. 2006-71 DECLARING EARLE BROWN DAYS AS A CIVIC EVENT FROM JUNE 22 THROUGH JUNE 24, 2006 7e. RESOLUTION NO. 2006-72 ACCEPTING WORK AND AUTHORIZING FINAL PAYMENT FOR IMPROVEMENT PROJECT NO. 2004-14, CONTRACT 2004-H, SHINGLE CREEK PARKWAY AND SUMMIT DRIVE STREET AND UTILITY IMPROVEMENTS 7f. RESOLUTION NO. 2006-73 ACCEPTING WORK AND AUTHORIZING FINAL PAYMENT FOR IMPROVEMENT PROJECT NOS. 2005-01, 02, 03 04, CONTRACT 2005-A, LIONS PARK NEIGHBORHOOD STREET AND UTILITY IMPROVEMENTS Motion passed unanimously. 8. PLANNING COMMISSION ITEM 8a. PLANNING COMMISSION APPLICATION NO. 2006-006 SUBMITTED BY NEARCO IV, LLC. REQUEST FOR PRELIMINARY PLAT APPROVAL TO COMBINE TWO TRACTS OF LAND AT THE SOUTHWEST CORNER OF 56 AVENUE NORTH AND XERXES AVENUE NORTH (5545 XERXES AVENUE NORTH) INTO A SINGLE LOT. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS MAY 25, 2006, MEETING. Planning and Zoning Specialist Ron Warren discussed three conditions of approval and stated there were four conditions with the original proposal. He stated all conditions were met; however condition number three is a consolidation of two conditions that were included on the Preliminary Plat application. Councilmember Lasman moved and Councilmember Carmody seconded to approve Planning Commission Application No. 2006-006 Submitted by Nearco IV, LLC. Rec�uest for Preliminary Plat approval to combine two tracts of land at the southwest corner of 56 Avenue North and Xerxes Avenue North (5545 Xerxes Avenue North) into a single lot subject to the following conditions recommended by the Planning Commission: 1. The Final Plat is subject to review and approval by the City Engineer. 06/12/06 4 DRAFT 2. The Final Plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. The financial guarantee being held for Planning Commission Application No. 93009 the Final Plat has been submitted by Wendy s International shall not be released unhl approved by the City Council and filed with Hennepin County and all landscaping and parking lot improvements comprehended under the expanded parking lot plan have been completed and are in compliance with the maintenance provisions of the executed performance agreement. Motion passed unanimously. 9. COUNCIL CONSIDERATION ITEMS 9a. RESOLUTION NO. 2006-72 ADOPTING COMPREHENSIVE ANNUAL FINANCIAL REPORT OF THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR ENDED DECEMBER 31, 2005 David Mol, Partner, HLB Tautges Redpath Ltd, presented a PowerPoint presentation on the Comprehensive Annual Financial Report, a follow up to the Joint Meeting with the Financial Commission on June 5, 2006. The City Council and Mr. Mol discussed the report including the Internal Control Letter, TIF Districts, Utility Billing Adjustments, and Bond Reporting. Councilmember Carmody moved and Councilmember Lasman seconded adoption of RESOLUTION NO. 2006-72 Adopting Comprehensive Annual Financial Report of the City of Brooklyn Center for the Calendar Year Ended December 31, 2005. Motion passed unanimously. 9b. RESOLUTION NO. 2006-73 AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH ALPHA VIDEO FOR CABLE MESSAGING SERVICES Mr. McCauley explained that the City Council expressed an interest that the Cable Message Service be updated regarding display of City events. He stated the upgrade has been explored and a proposal has been prepared. He discussed the computer based program that will allow start and end dates to be entered so that the system will automatically cease displaying of expired events. He discussed the feature that allows for emergency information to override other programming. He stated the simplified program also reflects a cost savings. Councilmember Niesen stated support for the overdue upgrade. Councilmember O'Connor stated opposition to a messaging system. Councilmember Niesen moved and Councilmember Lasman seconded adoption of RESOLUTION NO. 2006-73 Authorizing the City Manager to Enter Into an Agreement with Alpha Video for Cable Messaging Services. 06/12/06 5 DRAFT Councilmember O'Connor voted against the same. Motion passed. 9c. RESOLUTION NO. 2006-74 APPROVING PLANS AND AUTHORIZING SOLICITATION FOR BIDS FOR IMPROVEMENT PROJECT NO. 2006-11, CONTRACT 2006-E, CENTRAL/SALT STORAGE FACILITY Mr. McCauley stated the resolution authorizes the construction of a new salt storage facility. He stated it allows the storage and protection of multiple ice and snow removal materials along with utilizing the existing facility as a storage facility for equipment. Councilmember O'Connor asked why the materials needed a larger facility. Mr. McCauley res onded the materials must be se e ated. P a lar e arnount of mone on a salt Councilmember O Connor stated objection to spending g y storage facility and suggested storing the park equipment in the Public Works Garage. Public Works Director/City Engineer Todd Blomstrom explained that there is a limited amount of storage space in the existing facility and the proposed storage facility will use the outdoor area used for storage, therefore a concrete pad is proposed at the Camden facility. Councilmember Carmody explained that the City has saved money by not replacing other facilities and this option will reflect a cost savings in the long run. Councilmember Lasman stated support for the proposal and stated the materials nsed to be separated in order to reduce the use of chloride. Councilmember Carmody moved and Councilmember Lasman seconded adoption of RESOLUTION NO. 2006-74 Approving Plans and Authorizing Solicitation for Bids for Improvement Project No. 2006-11, Contract 2006-E, CentraUSalt Storage Facility. Councilmember Niesen stated the cost of the proposal seems high, however less use of salt will benefit the City. Mr. Blomstrom stated the City is not converting to one type of salt at once. He explained that there are new products containing less chloride, being partially used. He discussed the need for a variety of products for different weather conditions. He stated the existing building is shaped like a tunnel, only wide enough for a front loader, not allowing multiple materials. He stated the proposed building has three bays and three doors. He stated storage buildings are expensive, however this is a result of a cost savings measure started 10 years ago by removing park buildings, saving on building and maintenance costs. He discussed the firm selection based on experience and cost. He stated the proposed building will last at least 50 to 60 years with proper. maintenance. Councilmember O'Connor voted against the same. Motion passed. 9d. RESOLUTION NO. 2006-75 AUTHORIZING THE 2006 CENTRAL GARAGE BUDGET TO PROVIDE FOR THE EARLY ORDER/PURCHASE OF A REEL- TYPE MOWER, EQUIPMENT NO. 205 06/12/06 6 DRAFT Mr. McCauley explained the unreliability of the existing Reel-Type Mower, therefore requesting the early replacement. Councilmember Lasman moved and Councilmember Carmody seconded adoption of RESOLUTION NO. 2006-75 Authorizing the 2006 Central Garage Budget to Provide for the Early Order/Purchase of A Reel-Type Mower, Equipment No. 205. Motion passed unanimously. 9e. RESOLUTION NO. 2006-76 APPROVING FINAL PLAT FOR WENDYS BROOKLYN CENTER Councilmember Carmody moved and Councilmember Lasman seconded adoption of RESOLUTION NO. 2006-76 Approving Final Plat for WENDYS BROOKLYN CENTER. Motion passed unanimously. 9f. RESOLUTION NO. 2006-77 AUTHORIZING EXECUTION OF AGREEMENT FOR EXECUTIVE RECRUITMENT SERVICES Mr. McCauley explained that each firm will make a 10 minute presentation and receive questions from the City Council. Mercer Groun Jim Mercer presented information on Mercer Group, detailing their qualifications and experience. Mayor Kragness inquired of the initial pool of candidates. Mr. Mercer responded that the process would retrieve approximately 100 candidates. He stated there would be a nationwide search; however someone from the Midwest or Minnesota would most likely fit the position better. Councilmember Carmody inquired of the determination of priority of qualifications when considering all candidates. Mr. Mercer responded the City Council would drive the priority of qualifications, however if different priorities were discovered amongst the Councilmembers, he would meet with the City Council to review all priorities. Councilmember Carmody asked him to describe a time where Councilmembers' priorities were different. Mr. Mercer responded by stating he will spend time with the Council to determine priorities. He stated he would return with credentials of 12 to 15 candidates, indicating their qualifications. Councilmember Niesen stated concern that the City Council did not discuss how the firm would be selected. She agreed that national recruiting is the best option however stated concern with conflicts of interest and requested cost information for each of the bidding firms. Mr. McCauley responded that the fees are indicated in each proposal in a manor in which they are not to exceed a certain amount. 06/12/06 7 DRAFT Mr. Mercer stated their fee is a flat fee of $16,500 which is what they charge everyone for this service. He stated the expenses are a not to exceed figure, with the only thing not included being the cost of travel for the interviewing candidates. He stated there are 10 guarantees included in the proposal and discussed the most important four guarantees. He stated he foresees no conflict of interest with the City of Brooklyn Center. Councilmember Lasman asked if they restrict their search to candidates with experience at cities of similar size. Mr. Mercer stated they try to find people who are in communities at least the size of Brooklyn Center. He stated they might also look at people who wish to further their career, such as Assistant City Managers in larger communities. The PAR Groun Karl F. Nollenberger, Vice President, presented information on The PAR Group, detailing the company and his qualifications and experience. Mayor Kragness stated she is impressed by the time table. Mr. Nollenberger stated it would take at least two days to complete staff interviews and he could start as early as next week. Councilmember Niesen asked if The PAR Group has any conflicts of interest with the City of Brooklyn Center. Mr. Nollenberger stated there were none. She inquired of costs. He stated the contract amount of $14,400 is a set amount with a maximum expense amount, excluding traveling expenses of candidates. Mr. Nollenberger discussed guarantees included in the proposal. Councilmember Niesen asked if The PAR Group is behind in any of its current contracts. He stated they are not behind on any contracts and that the 90 day timetable will be met. Councilmember Lasman asked if the search is geographically restricted. Mr. Nollenberger stated a national search would be performed. Snrin�sted Incoroorated Springsted representatives Bob Thistle, Executive Vice President, and Sharon Klumpp, Vice President, presented information on Springsted, detailing the company's qualifications and experience. Mayor Kragness asked where the recruitment concentration would be. Ms. Klumpp responded the position would be advertised nationally and locally. Councilmember Cannody asked if they plan on discussing desired qualifications with City Staff. Ms. Klumpp stated it is important to talk with the staff, however the City Council decides the position's profile. Councilmember Carmody asked how they would deal with the City Council difficulties in coming to a consensus. Ms. Klumpp stated they would only bring qualified candidates to be reviewed and the City Council would determine the best fit. 06/12/06 8 DR.AFT Mayor Kragness inquired about the timetable for completion. Ms. Klumpp stated an offer would be extended and accepted later in September. Councilmember Niesen in uired about conflicts of interest, particularly other positions filled by q Springsted and other jobs completed for the City of Brooklyn Center. Ms. Klumpp stated they have no other contracts that would conflict with this one. Mr. Thistle explained that Springsted is set up in separate divisions and those different groups have handled different items for the City. He stated he is the only person who works across all three levels as the Advisory to the City. He stated Ms. Klumpp would be working with the executive search and he would assist her. Councilmember Niesen further questioned conflicts of interest by indicating other positions in the City in which Springsted had involvement. Mr. Thistle stated Ms. Klumpp was not employed with Springsted at the time those positions were filled and he stated Springsted had little to do with those positions. Ms. Klumpp discussed the point of independence and stated the City Council has the authority to make the decision; Springsted is only a tool to bring candidates forward. Councilmember Niesen asked Ms. Klumpp to discuss a situation where they are behind on a current contract. Ms. Klumpp explained timelines of other City contracts. Councilmember Carmody stated Councilmember Niesen attacked Springsted and there was a big difference in how she treated them in comparison to the other firms. Councilmember Niesen stated her highest concern is that Springsted is the Fiscal Agent to the City and have had involvement with many of the direct reports to the City Manager. Councilmember Lasman asked how Springsted would handle differences in information from City Staff and the City Council and if they would report those discrepancies to the City Council. She asked if candidates from similar sized cities would be sought. Ms. Klumpp stated if different opinions or desires arise, she would bring them forward to be identified. Ms. Klumpp stated they look for similar size communities and some who wish to further their career in order to maximize the pool of candidates. RECESS Councilmember Lasman moved and Councilmember Carmody seconded a motion to adjourn for a short break at 10:08 p.m. RECONVENE The City Council meeting was reconvened at 10:18 p.m. Councilmember Lasman stated all three firms have strong qualifications, guarantees, processes, and their timelines are similar. She stated The PAR Group has the low bid, The Mercer Group has more experience, and Springsted is more connected in the Midwest and knows Brooklyn Center well. She stated preference with the selection of The PAR Group. Councilmember Carmody stated preference with selection of The PAR Group and Springsted; however, due to possible mistreatment of Springsted; she would favor the selection of The PAR Group. 06/12/06 9 DRAFT Councilmember Niesen stated concern with the rushing of the process and that the recommendations came from the City Manager. She stated concern that she would not be able to do reference checks and prefers selecting the firm two weeks from tonight. She asked why Brimeyer was excluded. Mr. McCauley stated Brimeyer was not responsive to requests made during the recruitment process. Mayor Kragness stated the task of Mr. McCauley was to pick three firms to be interviewed by the City Council, which he did. She stated she liked Springsted because of the local aspect and because they know the problems the City has had in the past. She stated concern that if Springsted would be selected, they would be undergoing a 3 degree every time they met with the City Council. She stated her next choice is The PAR Group. Councilmember Carmody moved and Councilmember Lasman seconded adoption of RESOLUTION NO. 2006-77 Authorizing Execution of Agreement for Executive Recruitment Services of The PAR Group. Councilmember Niesen stated she would support the hiring of The PAR Group, however would prefer more time to decide. Motion passed unanimously. 10. ADJOURNMENT Councilmember Lasman moved and Councilmember Carmody seconded adjournment of the City Council meeting at 10:30 p.m. Motion passed unanimously. City Clerk Mayor 06/12/06 10 DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION JtJNE 26, 2006 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 and Kay Lasman. Councilmember Diane Niesen arrived at 6:06 p.m. Councilmember Mary O'Connor was absent and excused. Also present were Interim City Manager Curt Boganey, Director of Fiscal and Support Services Dan Jordet, and City Clerk Sharon Knutson. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Mayor Kragness stated Councilmember O'Connor would not be at the meeting and had asked that all of the meeting minutes in Item No. 7a be tabled as she has changes. Councilmember Lasman referred to the memorandum distributed at the Council table which included her changes to the minutes of the June 5, 2006, Joint Work Session With Financial I mmission. Co Councilmember Carmody referred to the memorandum distributed at the Council table which included her changes to the May 22, 2006, Study Session minutes. She said she reviewed past City Council minutes to determine the consensus of the City Council with regard to the City Manager evaluation form. She stated that in the May 22, 2006, Study Session minutes she was referring to the new current form, which was the amended combined form the City Manager had drafted. Councilmember Carmody inquired if the submitted changes could be approved for inclusion in the draft minutes, which would be tabled to the next meeting. Interim City Manager Curt Boganey responded that if the Council wished to do so, it may vote on that issue. There was discussion regarding the May 22, 2006, Study Session minutes regarding insertion of an introducto statement for the discussion on attendance at national conference s. It was rY Council consensus to insert the following language as the first full paragraph on Page 3: Councilmember Carmody proposed that the Council change the procedure for national conferences to have each attendee get prior permission to attend the conference to avoid this situation in the future. 06/26/06 1 DRAFT J MISCELLANEOUS orth Henne in Area Chamber of Commerce, '1 ember Lasman stated that Dave Loob N p Counci m Y would like to be a resource for the City Manager recruitment process. There was discussion regarding citizen input for the City Manager recruitment process. Mayor Kragness said there has been no decision on whether or not to have citizen involvement, and this issue would need to be discussed with the recruitment firm. Mr. Boganey requested clarification from the Council Members regarding the change to the May 22, 2006, Study Session minutes submitted by Councilmember Niesen and whether or not the language change was approved for inclusion in the draft minutes. Councilmember Cazmody said she did not agree with the change as submitted and the draft minutes as written more accurately reflect what was said at the meeting. Councilmember Niesen said she believed the Council had consensus to include all of the changes that were submitted by Council Members. Councilmember Carmody said she does not believe in Council Members rewriting the minutes. Councilmember Niesen said with regard to minutes she is leaning towards the idea of just including the decision that was made rather than the conversation. She said there are times when inappropriate comments are included in the minutes. She said the language she submitted for the May 22, 2006, Study Session is more concise and would ask for Council approval. She inquired how the submitted changes could be voted on if her change was not included. Mr. Boganey said a Council Member could make a motion to approve the amendments to the minutes, then another Council Member could second that motion, then a Council Member could make an amended motion to remove any specific proposal from the minutes, then another Council Member could second that motion, and then a vote is taken on both motions. Councilmember Niesen referred to the minutes of the June 12, 2006, Regular Session and said the topic of Council Reports indicated in two areas that a Council Member had nothing to report. She said she would like those statements removed from the minutes and only include if a Council Member has a report. Council Members discussed this issue and Mayor Kragness requested Councilmember Niesen put her request in writing and submit for future Council action. Council Members discussed the City Manager recruitment materials they received from Karl Nollenberger with The PAR Group. Councilmember Carmody said the advertisement included residency requirements; Mayor Kragness said it could be preferred, but not required. Councilmember Lasman said she believed it was appropriate to ask how the candidate feels about moving to Brooklyn Center. Councilmember Niesen inquired if the discussion regarding the City Manager recruitment materials was on the agenda. 06/26/06 2 DRAFT Mr. Boganey responded he had received the City Manager recruihnent materials from Mr. Nollenberger after the Council agenda was set and that was the reason it was not included as an agenda item; however, the Council should decide on a response to Mr. Nollenberger. It was Council consensus that each Council Member would independently send her responses to Mr. Nollenberger. ADJOURNMENT Councilmember Lasman moved and Councilmember Niesen seconded to close the Study Session at 6:45 p.m. Motion passed unanimously. City Clerk Mayor 06/26/06 3 DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JUNE 26, 2006 CITY HALL COUNCIL CHAMBERS l. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum 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, and Diane Niesen. Councilmember Mary O'Connar was absent and excused. Also present were Interim City Manager Curt Boganey, Director of Fiscal and Support Services Dan Jordet, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and City Clerk Sharon Knutson. Councilmember Lasman moved and Councilmember Niesen seconded to open the Informal Open Forum. Motion passed unanimousl Y Allan Hancock, 5520 Fremont Avenue North, addressed the Council regarding community resources for local development. He distributed a sheet that outlined two resources (a film An Inconvenient Truth and a book America Beyond Capitalism) and said he wanted to bring these resources to the Council's attention. Councilmember Lasman moved and Councilmember Carmody seconded to close the Informal Open Forum at 6:50 p.m. 2. INVOCATION Mayor Kragness offered a moment of silence 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. 06/26/06 1 DRAFT 4. ROLL CALL Mayor Myrna Kragness and Councilmembers Kathleen Carmody, Kay Lasman, and Diane Niesen. Councilmember Mary O'Connor was absent and excused. Also present were Interim City Manager Curt Boganey, Director of Fiscal and Support Services Dan Jordet, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and City Clerk Sharon Knutson. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember Lasman said she attended the following events: June 13 Riverwood Neighborhood Association picnic; June 22 Earle Brown Days parade; June 23 and 24 Earle Brown Days Festival events including Ice Cream Social, l st am�ual trivia contest, Arts and Crafts Fair, bingo, concert in the park, and fireworks. Councilmember Carmody said she attended the following events: June 13 Riverwood Neighborhood Association picnic; worked at the June 17 Earle Brown Days pancake breakfast at Applebee's; June 22 Earle Brown Days parade; June 23 and 24 Earle Brown Days Festival events including Ice Cream Social, trivia contest, Family Fun Games, and fireworks. Councilmember Niesen thanked the committee and sponsors of the Earle Brown Days Festival. She said she had talked with residents in the southwest community by Twin Lake Park regarding the shoreline restoration project, and there is more of a family orientation in that area because of the proj ect. Mayor Kragness said she attended the June 13 Riverwood Neighborhood Association picnic and the June 22-24 Earle Brown Days Festival activities. 7. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Niesen moved and Councilmember Carmody seconded to approve the consent agenda and agenda as amended, which includes approving the submitted changes to the minutes but tabling all City Council minutes to the next Regular Session. Councilmember Carmody moved and Councilmember Lasman seconded that this motion be amended by removing the replacement language for the May 22, 2006, Study Session minutes as submitted by Councilmember Niesen and tabling it to the next meeting for consideration. Amended motion passed unanimously. The following consent items were approved: 06/26/06 2 DR.AFT 7b. LICENSES AMUSEMENT DEVICE Torrence Enterprises Inc 2067 West San Bruno, Fresno, CA Brookdale Mall 1108 Brookdale Mall American Amusement Arcades 2100 West 96th Street, Bloomington Scoreboard Pizza Inc. b816 Humboldt Ave North GARBAGE HAULER Ace Solid Waste 6601 McKinley Street NW, Ramsey T& L Sanitation Service, Inc. P. O. Box 49695, Blaine Walters Recycling Refuse P. O. Box 67, Circle Pines MECHANICAL Air Conditioning Associates 689 Pierce Butler Route, St. Paul Air Masters, Inc. 5885 149th Street West, #101, Apple Valley SIGNHANGER Contact Signs, Inc. 1803 Victoria Street, Roseville 7c. SET DATE AND TIME FOR JOINT MEETING WITH OPPORTUNITY SITE TASK FORCE FOR JULY 12, 2006, AT 7 P.M. TO REVIEW PROPOSALS RECEIVED FOR THE 57TH AND LOGAN AVENUES REDEVELOPMENT SITE 7d. SITE PERFORMANCE GUARANTEE RELEASE STARBUCK'S COFFEE (5512 BROOKLYN BOULEVARD) Original motion passed unanimously. 8. PLANNING COMMISSION ITEM 8a. PLANNING COMMISSION APPLICATION NO. 2006-007 SUBMITTED BY JOSEPH ISAACS TO RESUBDIVIDE THE PROPERTY AT 5420 GIRARD AVENUE NORTH TO RE-ESTABLISH TWO PLATTED LOTS THAT HAVE BEEN COMBINED FOR TAX PURPOSES. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS JUNE 15, 2006, MEETING. Interim City Manager Curt Boganey said this item was presented to the Planning Commission on June 15, 2006, and the Planning Commission approved it with six conditions which he outlined from the Planning Commission Information Sheet contained in the agenda packet. Councilmember Niesen inquired about the combination of the lots for tax purposes and what effect resubdividing them will have. i 06/26/06 3 DR.AFT Planning and Zoning Specialist Ron Warren responded that he was not sure about the tax benefits, but combining the lots can have benefits for the property owner with regard to building additions and setback requirements, as accessory structures can cross the lot line. He explained the current house has a small encroachment over the property line, which is a wood deck, and the property owner has agreed to alter the size of the deck to meet the requirements for the resubdivision. Mr. Warren explained the combination of two lots into a single lot is an administrative procedure that does not require City Council approval; however, to uncombine or resubdivide the combined lots requires City Council approval. He stated that combined lots could only be sold as one lot, and uncombining the lots would allow the property owner to sell two lots. Councilmember Carmody inquired about the existing driveway. Mr. Warren explained the intention of the property owner is to build another house and to share the driveway and work out an easement agreement. Councilmember Niesen raised the issue of the size of the lots, what is allowable, and today's standards. Mr. Warren explained that currently a lot must be a minimum of 60 ft. wide and 7,600 sq. ft. in area. He said the zoning ordinance provides that any legal lots of record prior to January l, 1976, could be built on if they are at least 40 ft. wide and 5,000 sq. ft. in area. Ma or Kragness asked if the property would be rentaL Y Mr. Issacs, applicant, addressed the Council and said he had recently purchased the property and would be building a new house on the new lot and selling the existing house. Councilmember Lasman inquired if the sewer and water hookups already exist. Mr. Warren responded that he believed they exist, but if they don't then that would be the cost of the owner/developer. Councilmember Lasman moved and Councilmember Carmody seconded approval of Planning Commission Application No. 2006-007 subject to the following six conditions recommended by the Planning Commission: 1. The legal descriptions and survey showing the reestablishment of the underlying lots shall be filed with Henne in Count p Y 2. The City Assessor is authorized to process the resubdivision in conjunction with Hennepin County. 3. The resubdivision approval does not comprehend approval of any other action pertaining to the use of the property. 06/26/06 4 DRAFT 4. No variances from City Ordinance requirements are implied. Any future structures on Lot 26 are required to meet setback requirements. 5. The applicant shall be responsible for modifying the wood deck attached to the single family home on Lot 27 so that a minimum 3 ft. setback from the interior property line is established. Said modification shall be accomplished prior to the filing of the certificate of survey to reestablish the underlying properties. 6. The applicant shall execute and file a cross access easement over Lots 26 and 27 for driveway purposes prior to finalization of this resubdivision. Said cross access easement shall be reviewed and approved by the City Attorney. Councilmember Niesen asked how many cases like this might come before the City Council, which would allow a smaller home to be built and not meet the current standards. Mr. Warren responded the Zoning Ordinance has allowed for this size lot since 1976, but the City Council could amend it to remove that provision. He said since 1976 there may be six to ten cases where this has been done and there may be another one before the end of the year. Motion passed unanimously. 9. COUNCIL CONSIDERATION ITEMS 9a. APPOINTMENT OF MEMBERS TO THE TECHNICAL ADVISORY COMMITTEE OF THE SHINGLE CREEK AND WEST MISSISSIPPI WATERSHED MANAGEMENT COMMISSIONS Mr. Boganey said the Shingle Creek and West Mississippi Watershed Management Commissions adopted amendments to their bylaws to create Technical Advisory Committees. He said this committee allows representatives of the City to attend and participate in all meetings of the Watershed Commissions. Councilmember Carmody moved and Councilmember Lasman seconded appointment of Director of Public Works as Member and Supervisor of Streets Division and City Manager as Alternate Members of the Shingle Creek and West Mississippi Watershed Management Commissions and directing the City Manager to provide the Watershed Commissions with the names of the incumbents of each position and future changes. Motion passed unanimously. 9b. RESOLUTION NO. 2006-78 DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES Mr. Boganey said a resolution has been prepared which includes a list of trees identified by the City Forester as being diseased, and it is recommended to adopt the resolution that orders the removal of these diseased trees to avoid spreading the disease. 06/26/06 5 DRAFT I I Councilmember Lasman moved and Councilmember Carmody seconded adoption of RESOLUTION NO. 2006-78 Declaring a Public Nuisance and Ordering the Removal of Diseased Trees. Motion passed unanimously. 9c. RESOLUTION NO. 2006-79 RECOGNIZING MEMBERS OF THE BROOKLYN CENTER PUBLIC SAFETY COMMUNICATIONS CENTER IN RECOGNITION AND APPRECIATION OF THEIR SERVICE TO THE CITY OF BROOKLYN CENTER Mayor Kragness read the recognition resolution in its entirety. Councilmember Lasman moved and Councilmember Carmody seconded adoption of RESOLUTION NO. 2006-79 Recognizing Members of the Brooklyn Center Public Safety Communications Center in Recognition and Appreciation of Their Service to the City of Brooklyn Center. 10. ADJOURNMENT Councilmember Carmody moved and Councilmember Lasman seconded adjournment of the City Council meeting at 7:40 p.m. Motion passed unanimously. City Clerk Mayor 06/26/06 6 DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WORK SESSION JUNE 26, 2006 CITY HALL COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council/Economic Development Authority (EDA) met in Wark Session and was called to order by Mayor/President Myrna Kragness at 7:45 p.m. ROLL CALL Mayor/President Myrna Kragness and Councilmembers/Commissioners Kathleen Carmody, Kay Lasman, and Diane Niesen. Councilmember/Commissioner Mary O'Connor was absent and excused. Also present were Interim City Manager/Executive Director Curt Boganey, Director of Fiscal Support Services Dan Jordet, and City Clerk Sharon Knutson. ACTIVE DISCUSSION ITEMS: 1. Discussion of 2007 Goal Setting Date and Process The CounciUEDA discussed whether to schedule a date for a 2007 goal setting session and the use of a facilitator. There was discussion regarding setting a date late in the year to allow for inviting the newly appointed City Manager and winning candidates to the session. It was Council consensus to tentatively schedule Saturday, November 11, 2006, 9 a.m. to 3 p.m. for a 2007 goal setting session and to direct the Interim City Manager to report back on potential facilitators. 2. Discussion of Draft Policy on City Council Commitment to City Charter The CounciUEDA reviewed the draft resolution declaring commitment to the Brooklyn Center City Charter. It was Council consensus to place the draft resolution on the City Council agenda at the first meeting in January. Miscellaneous Tim Gaffron, Production Manager/Government Liaison with Northwest Community Television/Channel 12, addressed the Council to inform of the live cable signal outage that occurred at approximately 7:15 p.m. He said that a squall with high winds that had passed through the area shortly after 7 p.m. may have caused a very local power outage that affected a portion of the line that carries the signal from Brooklyn Center City Hall back to the Brooklyn 06/26/06 1 DRAFT Park facility. He said the meeting was taped in its entirety and would be replayed at its normally scheduled times. 3. Discussion of Draft Policy on Prior Authority to Purchase Items for Council Travel Councilmember/Commissioner Lasman stated the draft policy seems to be inviting Council Members to purchase training materials, which opens the door for more spending. She suggested modifying the language to make it clear that this is not an expectation. Councilmember/Commissioner Carmody said the policy should be more broad and include other purchases not related to travel (i.e., online books}. Councilmember/Commissioner Niesen said the City is a member of the League of Minnesota Cities (LMC) and inquired if LMC might have CDs, tapes, or training materials from the National League of Cities conferences or other types of training materials that the City could borrow. She said if this is the case, the policy could direct Council Members to the LMC for training materials. Mayor Kragness stated she doesn't think the policy is necessary. It was Council consensus to direct the Interim City Manager to find out from the League of Minnesota Cities what training materials are available to the City at no expense and report back to the CounciL 4. Discussion of Centerbrook Golf Course Funding Recommendation Councilmember/Commissioner Lasman said there was agreement to keep the golf course as a recreational amenity for the community and this proposed plan addresses the financing plan for the golf course. Mr. Boganey said the financing plan was drafted as a result of the direction given by the Council at its joint meeting with the Financial Commission in March. He said the proposed financing plan addresses capital improvements, as well as the loan repayment and having sufficient funds to operate the golf course on an ongoing basis. He reviewed the three components as follows: •$49,000 contribution from the Storm Sewer Fund to the Golf Course Fund establishing a Capital Reserve; annual operating revenue of $50,000 for capital purchases, cash flow requirements, and contingency; and a revised loan repayment policy based on a formula that assumes loan repayments that will be made from a cash flow after covering annual capital reserves and capital expenditures. Councilmember/Commissioner Niesen raised the issue of having the City's auditors do a special audit of the golf course and look at its financing. 06/26/06 2 DRAFT Councilmember/Commissioner Carmody said she thought the City's financial advisors would be more appropriate to do such a review. The CounciUEDA reviewed the Capital Improvement Plan (C]P) for Centerbrook Golf Course and noted discrepancies in some of the columns. Mr. Boganey responded that the totals should agree and he would have staff review the spreadsheet and bring back the financing plan with a revised C]P. Mr. Boganey reviewed the three components of the $50,000 annual operating revenue reserve as follows: $17,500 for capital purchases, $25,000 set aside for expenditures at the beginning of the year, and $7,500 contingency, which takes into account unknown expenses. The CounciUEDA discussed circumstances when the golf course or parts of it had been closed due to construction of ponds and reconstruction projects. There was discussion about the direct/associated cost of the closures of the golf course to the projects and whether the transfer of funds from the Storm Sewer Fund would be appropriate and whether it should cover the lost revenues. There was also discussion on whether the $49,000 was a one-time transfer or if there is a potential for future transfers due to reconstruction projects that could result in golf course closure. Councilmember/Commissioner Carmody requested the following information be brought back to the CounciL• the history as to how much time is lost on average per year due to golf course closure; whether the flooding of the course is due to a design issue of the ponds and can anything be done to relieve it; clarification of bullet 3 on the Proposed Centerbrook Funding Formula and whether it relates only to the $49,000 transfer or if it is a proposal for the future; and an amended CIP spreadsheet. Councilmember/Commissioner Niesen recommended to have as part of the budget discussions a request for an operational audit of the golf course by Tautges Redpath. CouncilmemberlCommissioner Lasman said she did not support the recommendation. She said she is comfortable with the financing plan proposal and it makes logical sense. Councilmember/Commissioner Carmody said she doesn't think an audit is appropriate, but rather a financial manager would be more appropriate for this type of review. It was Council consensus not to request Tautges Redpath to prepare an operational audit of the golf course. It was Council consensus to direct the City Manager to prepare responses to the questions outlined by Councilmember/Commissioner Carmody and bring back to the Council on a future agenda. 06/26/06 3 DRAFT Councilmember/Commissioner Niesen said she would contact the auditors to inquire about a special audit of the golf course and a financing plan and bring it back to the Council. Mayor Kragness requested that it be put in writing. 5. Discussion of City Council Salary Recommendation from Financial Commission Mayor Kragness said the recommendation from the Financial Commission makes sense and the City Council salary is above the median. It was Council consensus to direct the City Manager to place this item on a Regular Session agenda for action. 6. Discussion of Performance Review Form per Request of Councilmember Niesen and 7. Council Process for Placing Items on the Agenda per Request of Councilmember Niesen Councilmember/Commissioner Niesen said she had reviewed proposals in response to the RFP for City Manager recruitment and there were groups that indicated they would help prepare a City Manager review form. She said this is the time to have an evaluation form, whether in conjunction with The PAR Group or using the current form or a modified version. Councilmember/Commissioner Carmody said this was already discussed at a Work Session and as stated in previous minutes Councilmembers Lasman and Carmody and Mayor Kragness wanted to table the evaluation form unti12007. Councilmember/Commissioner Lasman said the Council had already made the decision to table the City Manager evaluation form until February 2007. Councilmember/Commissioner Niesen said she just wanted a good form and did a lot of research to prepare a revised evaluation form. She discussed the business of the Council and reviewed the intent of Work Sessions. She said business is done at a Regular Session, not at a Work Session. She said as an elected official, a Council Member has the right to add an item to the Regular Session agenda for discussion. Councilmember/Commissioner Lasman said the Council has power as a group, not as an individual. She said Council consensus was to table the evaluation form; the decision was made as a whole, not individually. She stated the Council has agreed on a way to bring items before the Council in a concise, clear fashion. She further stated the Council Member has an obligation to respect the decision of the Council. Councilmember/Commissioner Carmody said the practice has been to place items on the agenda through the City Manager. She said there needs to be a set policy. 06/26/06 4 DRAFT Ma or Kra ess referred to Mr. Boganey's memorandum regarding placing items on the City I y Council a end which states that an ro osed olic matter by a Council Member would be S YP P P Y placed on a Work Session agenda for direction by the Council. Councilmember/Commissioner Caimody said that the City Manager should be removed from deciding whether an item brought forth by a Council Member be added to the agenda. She stated there needs to be a policy to address this issue. cil consensus that if a sin le Council Member wishes to have an item placed on an It was Coun g agenda for the Council to vote on, then the City Manager would have that item placed on a Work Session which allows that Council Member an opportunity to speak to her issue with the Council and the Council can give direction on the issue. The CounciUEDA requested the City Manager to e-mail Councilmember O'Connor regarding the CVS Pharmacy fence decision to let her know the situation has been resolved and find out if it can be removed from the Work Session agenda or if she has other questions. ADJOURNMENT Councilmember/Commissioner Lasman moved and Councilmember/Commissioner Carmody seconded adjournment of the City CounciUEconomic Development Authority Work Session at 9:44 p.m. Motion passed unanimously. City Clerk Mayor/President 06/26/06 5 DRAFT City Council Agenda Item Na. 7b i City of Brooklyn Center A Millennium Community TO: Curt Baganey, Interim City M i ager FROM: Sharon Knutson, City Clerk DATE: July 6, 2006 SUBJECT: Licenses for Council Approval The following companies/persons have applied for City licenses as noted. Each company/person has fulfilled �lie requirements of the City Ordinance governing respective licenses, submitted appropriate applications, and paid proper fees. Licenses to be approved by the City Council on July 10, 2006, are as follows: AMUSEMENT DEVICE Regal Cinemas 6420 Camden Avenue North GARBAGE �iAULER Anamax Transportation Corporation 505 Hardman Avenue, South St. Paul Aspen Waste Systems, Inc. 2951 Weeks Avenue SE, Minneapolis Farmers Union Industries LLC dba Midwest Grease P. O. Box 26, Redwood Falls Randy's Sanitation, Inc. P. O. Box 169, Delano Waste Management Blaine 10050 Naples Street NE, Blaine MECHANICAL Condor Fireplace and Stone 8282 Arthur St NE, Spring Lake Park Joel Smith Heating A/C 4920 173rd Ave, Ham Lake Residential Heating A/C 1815 East 41 st Street, Minneapolis United Heating A/C 1295 Hackamore Road, Medina RENTAL Renewal 824 69�' Ave N Joseph Roche NONE 7018 Brooklyn Blvd Nelia Schaff 5 DISTURBING PEACE 3907 Burquest Lane Malcolm Vinger NONE 5412 12 %2 Fremont Ave N Gary Anakkala NONE 6749 Humboldt Ave N Suburban Properties 1 DISORDERLY CONDUCT 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) 563-3434 FAX (763) 569-3494 www.cityofbrooklyncenter.org Page 2 Licenses for Council Approval July 6, 2006 (There were no ca11s for service for the following) 6757 Humboldt Ave N Suburban Properties 6761 Humboldt Ave N Suburban Properties 6773 Humboldt Ave N Suburban Properties 3900 Janet Lane Keith Carlson Initial 3006 63` Ave N William Hill NONE 2100 69�" Ave N Barbara Romashko NONE 5342 70`" Circle Nick Mbuba NONE 6724 Drew Ave N John Hodgkins NONE 4507 Kathrene Drive Theophilus Nyumah NONE SIGNHANGER Sign A Rama 1050 33rd Ave SE, Minneapolis City Cauncil Agenda Item No. 7c City of Brooklyn Center A Millennium Community MEMORANDUM DATE: July 5, 2006 TO: Curt Boganey, Interim City Manager FROM: Todd Blomstrom, Director of Public Works SUBJECT: Resolution Approving Change Order No. 1, Improvement Project No. 2006-01, 02, 03 and 04, Contract 2006-A, Centerbrook Area Neighborhood Street and Utility Improvements Engineering division staff recently investigated the benefits of modifying the City's current standard specifications for sanitary sewer service pipe. For more that 25 years, the City of Brooklyn Center, as well as many other communities, have used standard SDR 35 PVC pipe for the construction of sanitary sewer services. Several communities are changing their material specifications for sanitary sewer services to a thicker walled SDR 26 PVC pipe due to the increasing costs for sewer service repairs and higher operational costs that occur when groundwater infiltrates into damaged sewer service. Engineering staff determined that the benefits derived from the proposed material upgrade would exceed the fairly small additional expense. SDR 26 pipe has a thicker wall construction and provides more resistance to damage and crushing. The thicker wall pipe material is expected to reduce service line breaks that can result in sewer backups. The engineering division will likely incorporate SDR 26 material requirements into the City's standard specifications for sanitary sewer services installed on future City utility projects. Based on the above information, staff directed Arcon Construction Company to provide a cost for upgrading the material specification for sanitary sewer services included in the current construction contract for the Centerbrook Area Neighborhood. The attached copy of Change Order No. 1 consists of a contract adjustment of $2,975 to upgrade the sanitary sewer pipe material from SDR 35 to SDR 26 PVC pipe. This Change Order would provide more durable sewer service connections far 132 homes within the Centerbrook Area Neighborhood. Attached for consideration is a City Council resolution approving Change Order No. 1 for the Centerbrook Area Neighborhood Street and Utility Improvement Project, Contract 2006-A. A copy of Change Order No. 1 is also attached to this memorandum. 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 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING CHANGE ORDER NO. 1, IMPROVEMENT PROJECT NOS. 2006-01, 02, 03 AND 04, CONTRACT 2006-A, CENTERBROOK AREA NEIGHBORHOOD STREET AND UTILITY IMPROVEMENTS WHEREAS, pursuant to a written contract signed with the City of Brooklyn Center, Minnesota, Arcon Construction Company of Harris, Minnesota was instructed to modify the material specifications for sanitary sewer services as itemized on Change Order No. 1 for Contract 2006-A; and I WHEREAS, said additional work was not included in the original Contract, but was deemed cost effective and justified for the project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that Change Order No. 1 in the amount of $2,975.00 is hereby approved. The revised contract amount shall be as follows: Original Contract Amount 2,230,667.40 Change Order No. 1 2.975.00 Revised Contract Amount 2,233,642.40 Date Ma or Y ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. I City of Brooklyn Center CHANGE ORDER NO. 1 Contractor: Arcon Construction Co., Inc June 22, 2006 Address: P.O. Box 159 Harris, MN 55032 Project: Centerbrook Area Neighborhood Street and Utility Improvements Improvement Project No. 2006-01, OZ, 03 and 04 Contract No. 2006-A In accordance with the terms of this Contract, the Contractor is hereby authorized and instructed to perform the work as altered by the following provisions. The following items were not included in the unit price proposal form or deemed to be necessary to complete the project according to the intended design. Change Order No. 1 resolves all outstanding contract adjustment claims from the Contractor for work completed through June 22, 2006 for Contract 2006-A. 1. 4-inch PVC Sanitary Service Pipe The Owner has elected to modify the material specifications for 4-inch diameter PVC sanitary service pipe from SDR 35 to SDR 26 (ASTM D-3034). The Contractor has requested a lump sum total contract price adjustment for said material change for all sanitary service pipe within the project of $2,975.00. Total Cost: $2,975.00 TOTAL CHANGE OR.DER NO. 1 2,975.00 Original Contract Amount 2,230,667.40 Change Order No. 1 2.975.00 Revised Contract Amount 2,233,642.40 CHANGE IN CONTRACT TIME The Contract completion date is not chan�ed due to the items noted above. Accepted: CONSTRUCTION CO., INC. Approved: CITY OF BROOKLYN CENTER By �0`�1 ��A(..�-'� BY: Contractor's gl.uthorized Representative City Manager Date: �p/ ��7 4�� Date: By: Director of Public Works Date: Page 1 of 1 City Council Agenda Item No. 7d City of Brooklyn Center A Millennium Community MEMORANDUM DATE: July 5, 2006 TO: Curt Boganey, Interim City Manager FROM: Todd Blomstrom, Director of Public Works SUBJECT: Resolution Approving Amendment No. 1 to the Eastbrook Estates Subdivision Agreement On April 14, 2004 the City of Brooklyn Center entered into a subdivision agreement with Eastbrook Properties, LLC for a six lot residential development created with the final plat for Eastbrook Estates. The subdivision agreement established the terms and conditions for the construction of street and utility improvements for the subdivision and provides for a method of payment for such improvements. City staff and the developer have determined that an amendment to the original subdivision agreement is necessary to address various technical and project schedule issues as outlined below. The developer recently submitted revised plans and specifications for the proposed street and utility improvements for Eastbrook Estates. The proposed amendment incorporates the revised plans into the original subdivision agreement. The developer has also posted a cash security deposit in lieu of a performance bond and payment bond. The proposed amendment establishes that the developer will not accumulate interest on the cash deposit and that he may replace the cash deposit with a performance bond and payment bond at a later date. At the time of the original subdivision agreement, the developer anticipated starting the project in April 2004. The original agreement established a completion date of one year from the date of the agreement (April 14, 2004) for all street and utility improvements within Eastbrook Estates. The developer was only recently able to begin the site development process. The proposed amendment would extend the completion date for site improvements to July 5, 2007. The proposed amendment also establishes certain criteria for the issuance of building permits and certificates of occupancy based on the completion of various street and utility improvements. This would allow home construction to begin on three lots prior to completion of the site improvements, but would restrict the occupancy to these homes until drainage, improvements are completed. 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 Finally, the amendment requires the developer to dedicate drainage and utility easements across the property to the east of the subdivision should the final plat for Eastbrook Estates Second Addition not be approved and recorded prior to the completion date indicated above. Attached for consideration is a City Council resolution approving Amendment No. 1 to the Eastbrook Estates Subdivision Agreement and authorizing the City Manager to execute Amendment No. 1 on behalf of the City of Brooklyn Center. A copy of the proposed amendment document is attached to this memorandum. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING AMENDMENT NO. 1 TO THE EASTBROOK ESTATES SUBDIVISION AGREEMENT WHEREAS, the developer of property located at 68` Avenue North and Aldrich Avenue North wishes to construct street and utility improvements to provide for the residential development of lots subdivided within the final plat for Eastbrook Estates; and WHEREAS, Section 15-109 of the Brooklyn Center City Ordinances requires the developer to enter into an agreement with the City of Brooklyn Center to provide for the construction of said improvements; and WHEREAS, the developer, Eastbrook Properties, LLC., and the City of Brooklyn Center entered into a Subdivision Agreement dated April 14, 2004 for Eastbrook Estates; and WHEREAS, the developer wishes to modify the Subdivision Agreement as specified in Amendment No. 1 presented to the City Council on July 12, 2006. NOW, THEREFORE, BE IT RESOLVED by the City Council of the Ciry of Brooklyn Center, Minnesota that Amendment No. 1 to the Subdivision Agreement for Eastbrook Estates is hereby approved and the City Manager is hereby authorized to execute Amendment No. 1 on behalf of the City of Brooklyn Center. 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: whereu on said resolution was declared dul assed and ado ted. P YP P AMENDMENT NO. 1 This Amendment is made as of the day of 2006, and is attached to and made a part of the EASTBROOK ESTATES SUBDNISION AGREEMENT (the "Agreement") dated April 14, 2004, by and between Eastbrook Properties, L.L.C., hereinafter referred as the "Developer", and the CITY OF BROOKLYN CENTER, a Minnesota municipal corporation, hereinafter called the "City". In case of any inconsistencies between the terms and conditions contained in the Agreement and the terms and conditions contained herein, the terms and conditions herein shall control. Except as set forth below, all provisions of the Agreement remain unchanged and in full force and effect. WHEREAS the Developer, through its engineer, has prepared plans and specifications for street, grading and utility infrastructure improvements to provide for the development of lots contained within the final plat for Eastbrook Estates; and WHEREAS, the Developer has provided two (2) deposits in the amount of $73,005.00 each for performance and payment security in accordance with Section 1.2 of the Agreement. NOW, THEREFORE, the parties agree as follows: 1. The construction plans for Eastbrook Estates as prepared by Midwest Land Surveyors Civil Engineers, Inc. titled "Grading, Sanitary Sewer, Watermain, Street, and Storm Sewer Construction Plans", attached hereto, are hereby inco orated into A endix B of the Agreement. Plan review comments dated PP July 5, 2006 from the Brooklyn Center City Engineer shall be incorporated into the construction plans prior to initiating site improvements. 2. The performance and payment securities provided by the Developer shall be held by the City without accumulation of interest to the Developer. The Developer may replace the performance and payment securities with a performance bond and payment bond of equal value prior to July 5, 2007. Said bonds shall be in a form acceptable to the Brooklyn Center City Attorney. 3. Section 1.3 of the Agreement is hereby deleted and replaced with the following: In the event the Developer has not completed those improvements as itemized or shown in Exhibit B of the Agreement by July 5, 2007, the City may declare the Developer to be in default of this agreement and may demand performance or proceed to construct such improvements and to demand payment in accordance with the terms of the performance bond or other securities required under the terms of this Agreement. 4. The Developer acknowledges that the City reserves the right to not issue building permits for Lots 2 and 3, Block 1 until all street, water main, sanitary sewer and storm drainage infrastructure as indicated in Appendix B of the Agreement is complete and operational to the satisfaction of the City Engineer. The Developer further acknowledges that Certificates of Occupancy will not be issued for Lots 1, 2 and 3, Block 2 until the Developer has provided for adequate storm drainage conveyance along the rear lot lines of Lots 1, 2, and 3, Block 2 to the satisfaction of the City Engineer. 5. In the event that storm sewer improvements are constructed prior to recarding of the final plat for Eastbrook Estates Second Addition, the developer shall dedicate and record drainage and utility easements over the segments of storm sewer extending between the boundaries of Eastbrook Estates and the storm sewer connection to the Mn/DOT drainage system as indicated in Appendix B of the Agreement. IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of the date first above written. CITY OF BROOKLYN CENTER DEVELOPER The City of Brooklyn Center, a Minnesota EASTBROOK PROPERTIES, L.L.C. municipal corporation By: By: Name: Curt Bo�anev Name: David G. Evanson, Title: Interim Citv Mana�er Title: Date: Date: City Council Agenda Item No. 8 There are no materials for this item. City Council Agenda Item No. 9a L MEMO To: Curt Boganey, Interim City Manager From: Ronald A. Warren Plannin and Zonin S i�a.list g g Subj ect: City Council Consideration Item Planning Commission Application No. 2006- 008 Date: June 29, 2006 On the July 10, 2006 City Council Agenda is Planning Commission Application No. 2006-008 submitted by TJB Homes requesting Site and Building Plan Approval for a 8,000 sq. ft. one story office building and a Special Use Permit to allow the placement of fill below the 100 year flood elevation at 1701 James Circle. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2006-008 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 June 29, 2006 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 6-14-06 City Council Action Should Be Taken By 8-13-06 (60 Days) Planning Commission Information Sheet Application No. 2006-008 Applicant: T J B Homes, Ine. Location: 1701 James Circle North Request: Site and Building Plan/Special Use Pernut The applicant, Jason Budzynski on behalf of TJB Homes, Inc., is seeking Site and Building Plan approval to construct an 8,000 sq. ft. one story office building and a Special Use Permit to allow the placement of fill below the 100 year flood elevation on the property addressed as 1701 James Circle North. The property in question is 55,453 sq. ft. (1.27 acres) in area and is zoned C-2 (Commerce). It lies north of I-94 between the Denny's and Olive Garden Resta.urants. It is bounded on the north by James Circle with the Earle Brown Bowl on the opposite side of the street; on the east by the Olive Garden Restaurant; on the south by I-94 right of way; and on the west by the Denny's Restaurant. Office building such as being proposed are permitted uses in the C-2 zoning district. A Special Use Pernut is required to place fill on land located below the 100 year flood elevation. This saxne site was the subject of Planning Commission Application No. 2005-012 submitted by the same applicant for Site and Building Plan approval of a 12,800 sq. ft. one story office building and a Special Use Permit to allow the placement of fill below the 100 year flood elevation. That application was approved by the City Council on August 22, 2005 following review, public hearing and recommendation by the Planning Commission. Various factors have caused the applicant not to pursue that particular plan and he is now proposing the 8,000 sq. ft. building for similar use. He has altered the site plan accordingly requiring only a slight encroachment into the 100 year flood elevation. ACCESS/PARKIl�TG Access to the site will be gained off James Circle at two points. The easterly access leads to the parking lot. The proposed 100 ft. by 80 ft. building is to be located to the west side of the site. The westerly access serves a loading and trash enclosure axea. Thirty six parking spaces are located to the east and north of the building, two of which are handicap accessible. Thirty four parking spaces are required based on 80 percent of the building being office and 20 percent of the building being accessory storage space. The parking requirement is one space for every 200 sq. ft. of gross floor area for office space (32 spaces) and one space for every 800 sq. ft. of gross floor area for the accessory storage space (two spaces). The applicant's plan is to market this building to office users that have a need for accessory storage space such as a contractor's office. It should be noted that retail uses, although pernutted uses in the C-2 zone will not be allowed to occupy space within this development because provided parking will not accommodate such 6-29-06 Page 1 uses. Also, it should be pointed out that production or industrial type uses will not be allowed as they are not allowed in the C-2 zoning district. B612 curb and gutter will be provided around a11 driving and parking axeas as well as concrete parking delineators/protectors throughout the site. GRADING/DRAIlVAGE/UTILITIES The applicant has submitted a grading/drainage/utility and erosion control plan that is being reviewed by the Director of Public Works/City Engineer. His written comments are attached for the Commission's review. The site is 1.27 acres in area and it appears that no formal Watershed Commission review will be required. A portion of the property, however, is located below the 100 year flood elevation of 844 ft. for this area of the city as shown on the flood insurance rate map. It is the applicant's plan to regrade and fill a portion of the area to accommodate this development. A plan has been developed showing a proposed ponding area on the east end of the site. The 100 year flood elevation is also shown on the site. A portion of the land below the 100 year flood elevation will be filled to accommodate the parking lot and a boulder retaining wall would be constructed in this area. Compensatory storage will be provided at the southeast corner of the site by expanding the area below the 100 year flood elevation. Approximately 89 sq. ft. of flood plain will be filled with 300 sq. ft. of flood plain mitigation provided. The City's flood plan ordinance requires a special use permit for filling in areas below the 100 year flood elevation. The applicant's plan has been forwarded to the DNR waters area hydrologist for review and comment. The city's flood plain ordinance allows such filling provided compensatory storage of equal or greater volume is provided. Also, the encroachment of such filling shall not create any surcharge, nor shall it create hazardous velocities. Attached for the Commission's review is Section 35-2190 Subdivision 4c and 4d regarding procedures and factors for flood plain special use permits. With respect to drainage, the entire site will be drained to the ponding area with an outlet located at the northeast corner of the site connected to existing storm sewer in James Circle. A storm sewer line within the site will connect the area south of the building under the parking lot to the ponding area at the northeast area of the site. Water to the building will be tied into a water main located in an easement along the east side of the site. Sanitary sewer will connect to the building at the north end and be connected to sanitary sewer located in the James Circle right of way. The drainage, grading, utility and erosion control plans are subject to the City Engineer's approval. Additional comments from the Watershed Commission and DNR will be taken into consideration and provided to the Planning Commission if received prior to Thursday's evening. 6-29-06 Pa e 2 g LANDSCAPING he oint s stem used to evaluate The applicant has submitted a landscape plan in response to t p y ca e o ints. The a licant's such plans. This 1.27 acre site requires a minimum of 127 lands p p pp proposal is to provide 1351andscape points with a variety of trees and shrubs. Six shade trees, u ar Ma le are osed. The four S two Marshall s Seedless Ashe and four Sugar Maple are prop g p proposed along the green smp adjacent to James Circle. The two Marshall s Seedless Ashe are located along the south side of the building. A total of six Colorado Green Spruce, two at the er of the site are to be rovided. Six northwest corner of the site and four at the southwest corn p with two in the north een stri two at the Radiant Crab A le are roposed around the srte gr p PP P southeast corner of the building, one to the east of the parking lot and one at a parking lot protector area at the northeast corner of the building. Sixty three shrubs including Purple Leaf ound the erimeter of the buildin Sand Che and Gold Flame S irea will be lanted ar p g iTY P p Sod is indicated except over the pond area and underground irrigation is to be installed in all landscaped areas. A 6 ft. high wood screen fence is to be provided along the west edge of the loading area and also around the south end to screen this area from public view. BUII,DING The building exterior is proposed to be a combination of primarily rock face block in two colors and a smooth rock face block band around the upper portion of the building. Prefinished metal canopies are to be provided over the three doors on the east elevation of the building. The west elevation includes two overhead doors and three service doors. Windows will be unifortnly spaced around the northeast and south elevations. LIGHTING/TRASH The applicant has indicated on the landscape plan the location of one 250 watt metal halide fixture mounted on a 15 ft. tall pole. This is to be located at the east entrance to the site. The balance of the site lighting will be wall mounted 250 watt metal halide fixtures. Two are proposed for the west elevation, two for the east elevation and one on the north elevation. The plan notes indicated approximately .5 ft. candles for each of the lights. A note on the plan states that all lighting is to be directed away from adjacent properties and away from street right of ways. Also, downcast shields are to be provided at all wall mounted fixtures. The plan shows the location of the trash enclosure at the southwest corner of the site. No details other than the location of the trash enclosure have been submitted. The applicant's previous plan included a 6 ft. high cedar enclosure with a solid opaque gate also made up of cedar over tube steeled door frames. It is anticipated that a similax trash enclosure will be provided in this case. The applicant should verify this for the Planning Commission. i 6-29-06 Page 3 SPECIAL USE PERMIT As mentioned previously, the special use pernut portion of the application is to allow for the placement of fill below the 100 yeax flood elevation on the site. The applicant proposes to provide compensatory storage of equal or greater volume as part of their flood mitigation plan. The Commission's attention is directed to Sections 35-2190, Subdivision 4c and 4d of the flood plain ordinance. Particular attention should be addressed to the factors upon which the City Council should make its decision. We fmd no conflict with the 12 factors listed in the ordinance and would recommend approval of the Special Use Pernut subject to further review and evaluation by the City Engineer and favorable comments from DNR and the Watershed Commission. A public hearing has been scheduled with respect to this Special Use Permit anct notices have ben sent to surrounding property owners and to the DNR. RECOMMENDATION We believe the plans are generally in order and approval is recommended 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 of permits. 2. Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of permits to assure the completion of site improvements. 4. Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. 5. The building is 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. 6. An underground irrigation system shall be installed in all landscape areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery, which is subject to Chapter 34 of the City Ordinances. 8. B-612 curb and gutter shall be provided around all parking and driving areas. 6-29-06 Page 4 9. The applicant shall submit an as built survey of the property, improvements and utility service lines prior to the release of the performance guarantee. 10. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center current Standard Specifications and Details. 11. Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the City Engineering Depaxtment. 12. The applicant shall obtain an NPDES permit from the Minnesota PCA prior to disturbing the site. 13. A special use permit is granted for the placement of fill in areas below the 100 year flood elevation based upon the acceptance of an appropriate flood mitigation plan providing acceptable compensatory storage as approved by the City Engineer. Said approval shall take into consideration appropriate comments from the Minnesota DNR and the Watershed Management Commission. 14. This special use permit is subject to all applicable codes, ordinances and regulations. Any violation thereof shall be grounds for revocation. 15. The property owner shall enter into a utility maintenance agreement as approved by the City Engineer prior to the issuance of building pernuts. 6-29-06 Page 5 City of Brooklyn Center A Millennium Community MEMORANDUM DATE: June 27, 2006 TO: Ron Warren, Planning and Zoning Specialist FROM: Todd Blomstrom, Director of Public Works ��j SUBJECT: Lot 1, Block 2, Richardson Park Addition Preliminary Site Plan Review Planning Commission Applications 2006-008 Public Works Department staff reviewed the following preliminary documents subinitted for review under Planning Commission Application 2006-008 for the vacant parcel located along the southern portion of James Circle North. Site Plan, Sheet Al, dated June l, 2006 Drainage, Sewer and Watermain Utility Plan, Sheet 1, dated June 12, 2006 The following comments and recommendations are provided for consideration as part of the site development approval process. Site Grading and Earthwork Portions the site currently located below ground elevation 844.0 is considered flood plain in accordance with the Flood Insurance Rate Map Number 27053CO208E. The applicant is proposing to fill and grade the site, including a small portion of the flood plain area, to provide for the construction of a commercial building and parking lot. The applicant is proposing to mitigate the proposed filling of flood plain storage volume by providing compensatory storage volume along the southern property line. The engineer for the applicant has provided data indicating that the net flood plain storage volume on the site after site development will equal or exceed the existing flood plain storage volume. The applicant shall obtain all necessary approvals for the proposed site development from the Minnesota Department of Natural Resources and the Shingle Creek Watershed Management Commission. Water and Sanitary Sewer Utility Service Public water and sanitary sewer service is available for the proposed development. A 16-inch diameter water main is located along the southern property boundary and an 8-inch diameter water main is located along the east property boundary. Record plans indicate that an 8-inch diameter sanitary sewer service is available near the northwest corner of the property. 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.cityo fbrooklyncenter.org 1. Domestic and fire services shall have separate exterior curb stops, gate valves or PIVs to allow isolation of individual water service lines. 2. Site grading operations must avoid ground disturbance and grade changes over the 16- inch water main located within an easement along the southern property line. Silt fence shall be installed and maintained along the north side of the water main utility easement as shown on the plan to prevent equipment operation over the water main. The developer shall be responsible for all costs associated with damage to the water main resulting from site grading operations within the easement area. 3. The existing gate valve on the water service stub serving the site shall be inspected and tested by the developer's contractor in the presence of utility staff prior to extending the water service line into the site. The developer shall replace or repair the existing gate valve at the developer's expense if the Supervisor of Public Utilities determines that repairs or replacement of the valve is necessary. 4. The proposed site plan shall be subject to the approval of the City Fire Chief and Building Official, including hydrant spacing requirements and any other requirements of the Fire Department. 5. The applicant shall coordinate site development plans with Xcel Energy, CenterPoint Energy, Qwest Communications and all other private utility companies. 6. The applicant shall pay City and Metropolitan Council sanitary sewer connection charges and City water connection charges for the proposed building. 7. All utility extensions shall meet City of Brooklyn Center design standards. The location and method of connection to the existing sanitary sewer and water mains shall be subject to approval by the Supervisor of Public Utilities. Site Access and Parking The proposed site improvements include two driveway access points on James Circle North. The anticipated land use for the site is not expected to create significant traffic related issues along adjacent public streets. l. Concrete aprons and gutters shall be constructed at both driveway access points in accordance with City design standards. Aprons shall be a minimum of 8-inches thick and extend a minimum of 10-feet into the site as measured from the back of curb. Concrete gutters shall be extended across the driveway curb openings. 2. Parking space dimensions shall meet or exceed the minimum standards provided in City Ordinance Section 35-702. 3. The applicant shall construction concrete curb and gutter along the perimeter of all driveways, parking lots, parking spaces and paved driving surfaces. Curb and gutter shall be constructed in accorda.nce with the dimensions of Type B-618 or B-612 as per City design standards. Storm Water Mana�ement The proposed site improvements would covert a portion of the site to impervious surface. NPDES regulations require that land development projects incorporate construction and post- construction storm water best management practices to control the rate and quality of storm water discharges. The preliminary site plans include an on-site storm water detention basin to manage storm water runoff from the site. 1. The storm water pond and all erosion control measures shown on the plans shall be constructed andlor installed prior to initiating building construction. 2. Emergent vegetation shall be established around the perimeter of the pond using a suitable seed mixture. 3. All turf areas located outside of the high water level of the pond shall be maintained with mowed turf grass or actively managed with native prairie plantings. The site shall be subject to the City's noxious weed abatement requirements. 4. An NPDES construction site erosion control permit must be obtained from the Minnesota Pollution Control Agency prior to disturbing the site. 5. 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A ML 1NAITNC K lO BE �IPfCt£D �e�v ma.� .oa�e[nr rnwmnes �rm 6 (1 SITE PLAN �-J cnw[ vma�nw w* ax[t+tu �wnr ma.� sm¢i mwr a w�rs -Y 0� l0 IIqD MU101 PRONOE ��5! SiAflD3 AT �LL NNL 7 PUNTNO 90�L M�%EO MM MOIMIlD R%lUPE4 ANC PIXE MWN1E0 /1%NRfA /�LL NIO MM. SUx Eq51M6 91E SpL NOIE' LIW�NE SM01W'1 fON SCNdAIIC Shlel N�mbef /.CMEYE PMOFEN SOLL IIXNRE fql 1PFF. 0��'��'+ �Y. IIpIIINC IS OESCN BURD BY L fl001BALL M10M f UXNN0IM. M% SFlIOY lAN1 SpL 6ECIPIC�I CRRR�CTOP. CONTUCNR 10 PRONUE OIT SHEER OI �1%T�Rf3 u10 PIAN UPDX QlY NEWFST. NORTH r1TREE DETAIL �t1LANOSCAPE PLAN `�f i ie xua r.u.. se-a ProJect No. 050422-3 a,� a,. a„ ��n .�tr�H o• .;r_`.:_",: .�,,,e a `�.x M y P I W E s x �m sna �:i se e�Ce� �'.e�..' i eii er �t .R.�e m w.�� d i: a �::aie� ..rvn.�.a�H n. mv ma ;0 pW�Imeh�101as! b wrw�"� ra�.�se� g ��w i. 4 l r a...— p1 'i� C�{„ '�V((I�p M o p� a inrr� n 6 _re-- i w �4 1 4 �j 'r.";a �i�'" y r i� wr. bJ4p M r H r i r i t I a i a a a^ t�. Pond Outlet Detail PROGOS�O� I Il➢ING r F t a F �,�W�'; o ,y «sa No°�Gy I i F x r �a�� i i d T �e•o.m.. f e°°eu+<or yB i �.m„� �r e N .r. e r,9 a r�'� q 1; w"" a, li t r �4' Y 5R� .S r mn w.� y J !i ��/j x) mua i+' i �e�;� *l �r,n y n. swa i �a„n' �m. q �r-a l�gp m,�m .°'e'� A a`'`c C+.\ y p q I� pi T E �b....�,,.�,�.,,,� S T U�.,�.. A T 9 ..a.. p u�� w r_ y eya wh 4�6 �°.W.^°� M ....a �,....v..�,.....�� e 1 i Y Fload Plefn lmoect ewmre n e.ro• s.a.� aw v' I s°S. N�oa rw rev�� swm a..� .e.c o� n� �ew rm.. rcr-r� n �AA.� mat W e ev �n rw ��ro�w�� e 4 1sI MWw afM M..�+o �n vus r vw� rsa-rw,evw d 86fM �s sm 4�+x ..�.w I. r r� u.. s..ex �va. City of Brooklyn Center Fy.��' ��,:�a' �.�e.t�^'"M�.�.�.�.�.......�.. Lot 1, Block 2 Richerdson Parlr sneet CQ R. Nelson Engineering R. N e 1 s o n E n g i n e e r i n g Orainage. Seirer end Wetermeia UtLlty P/m 2004 �m'.f 1028. Nighwey County Hwy 10, Spring twke Perk, !AN 55432, (783) 784-7390 SL�PP Plen 1 I;; For community map revision history prior to countywide mapping, refer to the Community Ma History table located in the Flood Insurance Study report for this jurisdiction. P To determine if flood insurance is available in this community; contad your insurance agent or call the National Flood Insurance Program at (800) 638-6620. MAP SCALE 1" 500' 250 0 500 1000 FEET METERS 150 0 150 300 PANEL 0208E �i.. F1RM FLOOD INSURANCE RATE MAP HENNEPIN COUNTY, MINNESOTA O m (ALL JURISDICTIONS) PANEL 208 OF 419 (SEE MAP INDEX FOR FIRM PANEL LAYOUT) CONTAINS: O COMMUNITY NUMBER PANEL SUFFIX BROOKLYN CEr1TER, CITY OF 270151 0208 E f/ BflOOKLYN PARK, CITY OF 270152 02D8 E Notice to User: The Map Number shown below should be used when placing map orders; the Community Number shown above should be used on insurance applications for the subject community. MAP NUMBER 0 27053CO208E J 'n o EFFECTIVE DATE ��`�ND Sti�' SEPTEMBER 2, 2004 Federal Emergency Management Agency v.: r ��`��°�:r _��''3.' 7 1 i, ��`T� `.:�d ,F y F`� f, w r ry,�! e,� r. r v.,. zro:; Ge�, F t;. �.°o �f '...e ��a�„� �.t F2 S'�f 3 8��, j �r� ha° t r `i �'�Z �,��(,W ��fe a t ��:�`�Z j e �+�a��.q v ys� q��"y'` k 4�� +�j<i fi T�g; tr Y r r4 ��R ai� L ffi `+4"'�E',� y4��f�.6` J3 h 0 R- �b�i f _�t=:�: t :7 �YC .F $r CF�: �a�,� 1 1 r�� 4 k 6 a��i 5�,..J6 a Fp?'''6 y �i� '�'E; 1 e �i� m ��i�° y ir'k�°r .c i Y. 4 'r"� t J y 7 1 4 't _�r h� .M`T f J f r d �r p TI M i i fs,� 'd ri.-- V' i -4 r ra {d i 's i a a. t�..-: �z a a t ",�v� .r� r fi f 1► �:Ll 4 f 1 r' t a F: �'Il•1t� ��p 2v: �i�13` 'ty` -Y� ..r Nl� f �r S Y�� 1 j i�� fl,y t T� i '�1� �N� V 1v 11 i.S �6 R ��'+i �i ,S w� �f .�P lA 1 7 x'�"' Ir a f i�� f�� 4 y f 1.-:�L. S -0.I ti yi k i�, �P�vy�s: �j d�, ��1 ti t ��g� t! C). ��.�rx�t I '��'�p f s< f;:� i ,.rs� a. .�r� .r s+= n Y i7e� 'd r ��:t.�e L E G E N D 'i SPECIAL FLOOD HAZARD AREAS SUBJECT TO INUNDATION BY THE 1% ANNUAL CHANCE FLOOD The 1% annual chance flood (100-year flood), also known as the base flood, is the flood :�4•='. that has a 1% chance of being equaled or exceeded in any given year. The Special Flood Hazard Area is the area subjed to flooding by the 1% annual chance flood. Areas of Special Flood Hazard include Zones A, AE, AH, AO, AR, A99, V, and VE. The Base Flood Elevation is the water-surface elevation of the 1� annual chance flood. ZONE A No base flood elevations determined. ZONE AE Base flood elevations determined. 20NE AH Flood depths of to 3 feet (usually areas of pondinp�; base flood elevations determined. ZONE AO Flood depths of 1 to 3 feet (usually sheet flow on sloping terrain); average depths determined. For areas of alluvial tan flooding, velocities atso determined. ZONE AR Area of Special Flood Hazard formerly protected from the 1�o annual chance Flood by a flood control system that was subsequently decer[ified. Zone AR indicates that the fo�mer flood control system is being restored to provide protectio� from the 1% annual chance or greater flood. ZONE A99 Area to be protected from 1% annual chance flood by a Federal flood protection system under construction; no base flood elevations determined. ZONE V Coastal flood zone with veloci[y hazard (wave acdon); no base flood elevations determined. ZONE VE Coastal flood zone with velocity hazard (wave action); base Flood elevations determined. FLOODWAY AREAS IN ZONE AE The floodway is the channel of a stream plus any adjscent floodplain areas that must be kept free of encroachment so that the 1/o annual chance flood can be carcied without substantial increases in flood heights. OTHER FLOOD AREAS t=�. ZONE X Areas of 0.2% annual chance flood; areas of 1% annual chance Flood with average depths of less than 1 foot or with drainage areas less than 1 square mile; and areas protected by levees from 1% annual chance flood. OTHER AREAS ZONE X Areas determined to be outside the 0.2 annual chance floodplain. ZONE D A�eas in which flood hazards are undetermined, but possible. COASTAL BARRIER RESOURCES SYSTEM (CBRS) AREAS OTHERWISE PROTECTED AREAS (OPAs) CBRS areas and OPAs are normally located within or adjacent to Special Flood Hazard Areas. Floodplain boundary Floodway boundary Zone D boundary CBRS and OPA boundary Boundary dividing Special Flood Hazard Areas of different Base Flood Elevations, flood depths or flood velocities. -�-�-513 Base Flood Elevation (ine and value; eleva[ion in feet* (EL 987) B�e Flood Elevation value where uniform within zone; elevation in feet` •Referenced to the National Geodetic Vertical Datum of 7929 r-. SEc7�o� 3�-�I�O,Sua.o:� a. Hearings. Upon filing with the Planning and Inspection Department an application for a Special Use Permit, the Director of Planning and Inspection shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed Special Use su�ciently in advance so that the Commissioner will receive at least ten (10) days notice of the hearing. b. Decisions. The City Council shall arrive at a decision on a Special Use within 48 days of a recommendation by the Planning Commission. In granting a Special Use Permit, the City Council shall prescribe appropriate conditions and safeguards, in addition to those specified in Section 35-2190.4f, which are in conformity with the purposes of this Ordinance. Violations of such conditions and safeguards, when made a part of the terms under which the Special Use Permit is granted, shall be deemed a violation of this Ordinance punishable under Section 35-2210. A copy of all decisions granting Special Use Pernuts shall be forwarded by mail to the Commissioner of Natural Resources within ten (10) days of such action. c. Procedures to be followed by the City Council in Passing on Special Use Permit Applications Within all Flood Plain Districts. 1) Require the applicant to furnish such of the following information and additional information as deemed necessary by the City Council for deternuning the suitability of the particular site for the proposed use. a) Five Sets of Plans drawn to scale showing the nature, locatiori, dimensions, and elevation of the lot, �existing or proposed structures, fill, storage of materials, flood-proofmg measures, and the relationship of the above to the location of the stream channel. b) Specifications for building construction and materials, flood-proofing, filling, dredging, grading, channet impr�veinent, storage of materials, water supply and sanitary facilities. 2) Transmit one copy of the information described in subsection 1) to a designated engineer or other expert person or agency for technical assistance, where necessary, in evaluating the proposed project in relation to flood heights and velocities, the seriousness of flood damage to the use, the adequacy of the plans for protection, and other technical matters. 3) Based upon the technical evaluation of the designated engineer or expert, the Ciry Council shall determine the specific flood hazard at the site and evaluate the suitability of the proposed use in relation to the flood hazard. City ofBrooklyn Center 35-136 Ciry Ordinance 5�c-r�o..� 35 -�.1�'r�, �uQo. d. Factors Upon Which the Decision of the City Council Shall Be Based. In passing upon Special Use Permit applications, the City Council shall consider all relevant factors specified in other sections of this Ordinance, and: 1) The danger to life and property due to increased flood heights or velocities caused by encroachments. Z) The danger that materials may be swept onto other lands or downstream to the injury of others or they may block bridges, culverts or other hydraulic structures. 3) The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions. 4) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. 5) The importance of the services provided by the proposed facility to the community. 6) The requirements of the facility for a waterfront location. 7 The availabili of altemative locations not sub"ect to floodin for the t3' J g proposed use. 8) The compatibility of the proposed use with existing development and development anticipated in the foreseeable firture. 9) The relationship of tYie proposed use to the comprehensive plan and flood plain management program for the area. 10) The safety of access to the properiy in times of flood for ordinary and emergency vehicles. 11) The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site. 12) Such other factors which are relevant to the purposes of this Ordinance. City ofBrooklyn Center 35-137 City Ordinance MINUTES OF THE PROCEEDINGS OF THE PLANNING CONIMISSION OF THE CITY OF BROOKLYN CENTER 1N THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION JLTNE 29, 2006 CALL TO ORDER The Planning Commission meeting was called to order by Chair Willson at 7:03 p.m. ADMIIVISTER OATH OF OFFICE Mr. Warren administered the Oath of Office to Rachel Lund. ROLL CALL Chair Willson, Commissioners Gary Ford, Rachel Lund, Michael Parks, Sean Rahn, and Tim Roche were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Rebecca Crass. Commissioner Boeck was absent and excused. 15, 2006 APPR VAL OF MINUTES JUNE O There was a motion by Commissioner Rahn, seconded by Commissioner Parks, to approve the minutes of the June 15, 2006 meeting as submitted. The motion passed. Commissioners Ford, Lund and Roche abstained as they were not present at the meeting. CHAIR' 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 recommendations to the City Council. The City Council makes all final decisions in these matters. APPLICATION NO. 2006-008 TJB HOMES, INC. Chair Willson introduced Application No. 2006-008, a request from TJB Homes, Inc. for Site and Building Plan approval and a Special Use Permit for an 8,000 sq. ft. one story office building and a special use pernut to allow the placement of fill belovv the 100 year flood elevation at 1701 James Circle North. The property in question is 55,453 sq. ft. (1.27 acres) in area and is zoned C-2 (Commerce). Office buildings such as being proposed are permitted uses in the C-2 zoning district. A special use pemut is required to place fill on land located below the 100 year flood elevation. Mr. Warren presented the staff report describing the location of the property and the proposals. (See Planning Commission Information Sheet dated 6-29-06 Application No. 2006-008, and the City Engineer/Public Works Director's report dated 6-27-06, attached.) He explained that this same site was the subject of Planning Commission Application No. 2005-012 submitted by the same applicant for Site and Building Plan approval of a 12,800 sq. ft. one story office building and a Special Use Pernut to allow the placement of fill below the 100 year flood elevation. That 6-29-06 Page 1 I', application was approved by the City Council on August 22, 2005 following review, public hearing and recommendation by the Planning Commission. Various factors have caused the applicant not to pursue that particular plan and he is now proposing the 8,000 sq. ft. building for similar use. He has altered the site plan accordingly requiring only a slight encroachment into the 100 year flood elevation. Commissioner Rahn inquired about the ponding requirements on the site. Mr. Warren responded that the ponding area located further away from this site did not take into consideration the run off from this area when it was constructed which established the need to create one on the site. He added that the area in the 100 year flood zone would not be disturbed except where it is being filled. There was further discussion by the Commission regarding the flood plain, elevations and ponding. PUBLIC HEARIlVG APPLICATION NO. 2006-008 There was a motion by Commissioner Rahn, seconded by Commissioner Lund, to open the public hearing on Application No. 2006-008, at 7:41 p.m. The motion passed unanimously. Chair Willson called for comments from the public. The applicant, Mr. Jason Budzynski, TJB Homes, 9100 Baltimore Street NE, Blaine, Minnesota introduced himself to the Commissioners and pointed out to the Commission the revisions from the previous plan that created a reduction in size to the building. He stated that a contractor (Hansen Brothers Fence) would be occupying 2/3 of the building and the other 2,500 sq. ft. is open for lease. Commissioner Lund asked for further clarification regarding the roof and screening of mechanical equipment. Mr. Budzynski explained the roof's design including the paraphet that follows the entire roof line that would screen any mechanical equipment on the roof. Commissioner Roche suggested to the applicant that he add some landscaping around the P onding area to provide some screening from the public's view. Mr. Budzynski stated that he is favorable to any recommendations made by the Commission. Mr. Budzynski added that he would be installing an opaque screen fence around the site including around the trash enclosure area. No other persons from the public appeared before the Commission during the public hearing on Application No. 2006-008. CLOSE PUBLIC HEARING There was a motion by Commissioner Roche, seconded by Commissioner Parks, to close the public hearing on Application No. 2006-008, at 8:00 p.m. The motion passed unanimously. The Chair Willson called for further discussion or questions from the Commissioners. 6-29-06 Page 2 The Commissioners interposed no objections to approval of the Application ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2006-008 TJB HOMES,, INC. There was a motion by Commissioner Lund, seconded by Commissioner Roche, to recommend to the City Council that it approve Application No. 2006-008, submitted by TJB Homes, Inc., for Site and Building Plan approval and a Special Use Pernut for a 8,000 sq. ft. one story office building and a Special Use Permit to allow the placement of fill below the 100 year flood elevation at 1701 James Circle North subject to the following conditions: l. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of pernuts. 2. Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of permits to assure the completion of site improvements. 0 or on ound mechanical 4. Any outside trash disposal facilities and rooft p gr equipment shall be appropriately screened from view. 5. The building is 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. 6. An underground irrigation system shall be installed in all landscape areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery, which is subject to Chapter 34 of the City Ordinances. 8. B-612 curb and gutter shall be provided around all parking and driving areas. 9. The a licant shall submit an as built surve of the ro erty, improvements and PP Y P P utility service lines prior to the release of the performance guarantee. 10. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center current Standard Specifications and Details. 11. A ro riate erosion and sediment control devices shall be provided on site during PP P construction as approved by the City Engineering Department. i 6-29-06 Page 3 12. The applicant shall obtain an NPDES permit from the Minnesota PCA prior to disturbing the site. 13. A special use permit is granted for the placement of fill in areas below the 100 year flood elevation based upon the acceptance of an appropriate flood mitigation plan providing acceptable compensatory storage as approved by the City Engineer. Said approval shall take into consideration appropriate comments from the Minnesota DNR and the Watershed Management Commission. 14. This special use pernut is subject to all applicable codes, ordinances and regulations. Any violation thereof shall be grounds for revocation. 15. The property owner shall enter into a utility maintenance agreement as approved by the City Engineer prior to the issuance of building permits. Voting in favor: Chair Willson, Commissioners Ford, Lund, Parks, Rahn, and Roche. The motion passed unanimously. The Council will consider the application at its July 10, 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. DISCUSSION ITEM SALT STOR.AGE BUILDING Mr. Warren explained that the City Council approved a building addition to the city garage that would create storage for salt and sand. Since the architect has not provided the plans yet he would like to postpone discussion with the Commission until the plans are available for their review. OTHER BUSINESS Mr. Warren stated that there would be no Planning Commission meeting on July 13, 2006. There was no other business. ADJOURNMENT There was a motion by Commissioner Roche, seconded by Commissioner Lund, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:07 p.m. Chair Recorded and traiiscribed by: Rebecca Crass 6-29-06 Page 4 City Council Agenda Item No. l0a City of Brooklyn Center A Millennium Community MEMORANDUM DATE: July 5, 2006 TO: Curt Boganey, Interim City Manager FROM: Todd Blomstrom, Director of Public Works ?14�j SUBJECT: Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees The attached resolution represents the official Council action required to expedite removal of the diseased elm trees most recently marked by the City tree inspector, in accordance with approved procedures. The past three summers have shown an outbreak in Dutch elm disease throughout the metro area that has not been seen since Dutch elm entered the state of Minnesota in 1961. Currently, many communities are witnessing the infection of elm trees that survived the major outbreak in the 1970s. Experts say a decline in awareness and the maturation of trees that rooted decades ago may be fueling the rise in infections. The City of Brooklyn Center has historically maintained a policy of removing diseased trees promptly (in three weeks or less) and enforcement of proper disposal in order to keep this disease from escalating in our community. Attached for consideration is a City Council resolution declaring a public nuisance and ordering the removal of diseased trees as listed on the resolution document. It is anticipated that a similar resolution will be submitted for council consideration each meeting during the summer and early fall as additional diseased trees are identified and marked. 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 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES WHEREAS, a Notice to Abate Nuisance and Diseased Tree Removal Agreement has been issued to the owners of certain properties in the City of Brooklyn Center giving the owners twenty (20) days to remove diseased trees on the owners' properly; and WHEREAS, the City can expedite the removal of these diseased trees by declaring them a public nuisance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: l. The diseased trees at the following addresses are hereby declared to be a public nuisance: PROPERTY OWNER ADDRESS TREE ROSE WINDSPERGER 2919 OHENRY RD. 77 JOHN STALOCH 419 67TH AVE N 78 NAZEEMA SHERIFF 5000 71ST AVE N 79 JEFF DIEDRICH 6331 INDIANA AVE N 80 SHARON SCHOENIKE 6424 JIJNE AVE N 81 WANGSTAD PARK WANGSTAD PARK 82 WANGSTAD PARK WANGSTAD PARK 83 KONG LEE 6031 BROOKLYN BLVD 84 BEACH APARTMENT OWNERS ASSOC. 4201-4207 LAKESIDE AVE 85 CAMERON KEHNE 6724 QUAIL AVE N 86 CITY OF BROOKLYN CENTER WILLOW LANE PARK 87 ROSE TABARA 5325 CAMDEN AVE N 88 MN DIST CHURCH OF NAZARENE 501 73RD AVE N 89 KATHLEEN MILFORD 3212 MiJMFORD AVE N 90 RAYMOND ANDERSON 7113 WILLOW LA N 91 DONALD BONNIE PETERSON 3715 58TH AVE N 92, 93 CITY OF BROOKLYN CENTER 5512 SAILOR LA 94 2. After twenty (20) days from the date of the notice, the property owner(s) will receive a second written notice providing five (5) business days in which to contest the determination of the City Council by requesting, in writing, a hearing. Said request shall be filed with the City Clerk. 3. After five (5) days, if the property owner fails to request a hearing, the tree(s} shall be removed by the City. All removal costs, including legal, financing, and administrative charges, shall be specially assessed against the property. RESOLUTION NO. i Date Ma or Y ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. I City Council Agenda Item No. lOb Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING SOLICITATION OF BIDS FOR THE REPLACEMENT OF PUMP ENGINE NO. 6 IN THE FIRE DEPARTMENT WHEREAS, Pump Engine No. 6 was scheduled for replacement in 2007; and WHEREAS, in recent months the cost of steel has escalated and new emission standards have added significant costs to the purchase of this type of equipment; and WHEREAS, it is possible that by soliciting bids for this type of equipment now there is a potential cost savings of up to $20,000. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, to authorize to solicit bids for the replacement of Pump Engine No. 6 in the Fire Department. Julv 10. 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: M i and the following voted against the same: whereupon said resolution was declared duly passed and adopted. L MEMORANDUM TO: City Council FROM: Curt Boganey �ty Manager DATE: July 6, 2006 SUBJECT: Resolution to solicit bids for the replacement of Engine 6 Background: Engine 6 is a 1500 gallon per minute Pump Engine housed at the East Fire Station. This critical piece of equipment is nearly 21 years old and is scheduled for replacement in 2007.Given the age and condition the public works garage management has recommended replacement as scheduled. In recent months the cost of steel has escalated and new emission standards have added significant costs to the purchase of this type of equipment. It is our hope that by soliciting bids now we will be able to save up to 20,000 on the final cost. The estimated cost of the replacement engine is 350,000. The City has been accumulating funds for the last several years on an annual basis within the Garage Fund to cover these costs. In addition The Fire Relief Fund has saved approximately $65,000 toward this replacement. The salvage value is estimated at $20,000. The combination of these sources should be sufficient to cover the total cost of acquisition. Action Requested: The action before the Council is not purchase a replacement fire engine. We are requesting authorization to solicit bids. The actual acquisition will be considered after bids have been received. If approved the purchase would occur after delivery in 2007 C: Ebhc carpet COUNCII..MEM °H,E° r�okly enter Fire De art ent ��Y N 0 Office of the �'ire Chief m F� T0: Curt Boganey Acting City Manager FROM. Ronaid Boman Fire Chief SUBJECT: Replacement of Engine 6 DATE: July 5, 2006 Engine 6 wili be 21 years old and is scheduled for replacement in 2007 due to increased emission standards for diesel engines in 2007 and the increased cost of steef I am requesting that the Fire Department be allowed to go out for bids to replace this fire engine m July. The cast savings to the City of Brooklyn Center by ordering in 2006 will be $15,000 to $20,000 due to the increased cost of material to construct this engine. The engine would be delivered in the first quarter 2007 as there is 6 to 9 months delivery time from the time you place and order until you receive delivery. The Fire Department Relief Association has contributed $65,000 toward the purchase of the replacement of engine 6 to complete the funding needed for replacement. This request is to go out for bids only not to purchase; after bids are opened the Fire Department will be bringing them back for Council approval to purchase the unit. I have discussed this with the city garage and we agree that this would wise decision due to the saving to the City and we would still not take delivery until 2007. 6645 Humboldt Ave North, Brooklyn Center, MN 55430 Telephone (763) 503-3160 Fax (763) 561-0717 Emergency Fire 9-1-1 City Council Agenda Item No. 14c MEMORANDUM TO: Ci Council tY FROM: Curt Boganey, e l;it�Manager DATE: July 6, 2006 SUBJECT: Council Member Salaries 2007 and 2008 Background: City Council Policy 2.2 establishes policies and procedures for establishing total compensation for elected officials. In accordance with this policy the City Manager prepared the required report which was submitted to the Financial Commission for review. The Financial Commission met on June 5, 2006 and made a finding that the current compensation of the City Council relative to the agreed upon comparison cities is about 110% above the average. Given this finding the Commission has recommended no increase for City Council compensation in 2007 and a 2% increase in 2008. This item has been brought forward followin a review at the June 26�' City Council g Work Session. Action Requested: Consider approval or amendment to the proposed resolution. C: Dan Jordet G:�Asst City Mgr\COiTNCIL.071006salaries.doc CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 14th day of August 2006 at 7 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 Ordinance No. 2004-13 Regarding Council Salaries for 2007-2008. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the Deputy City Clerk at 763-569-3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 2004-13 REGARDING COtTNCIL SALAR�S FOR 2007-2008 THE CITY COUNCI�, OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. City of Brooklyn Center Ordinance No. 2004-13, which amended the amount of the annual salaries to be paid to the Mayor and Council Members to become effective January 1, 2005, is hereby amended. Section 2. Effective January l, 2007, the annual salary for Mayor shall be $10,732 and the annual salary for Council Members shall be $8,217. Section 3. Effective January 1, 2008, the annual salary for Mayor shall be $10,947 and the annual salary far Council Members shall be $8,381. Section 4. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of 2006. Mayor ATTEST: City Clerk Date of Publication Effective Date City of Brooklyn Center A Millennium Community MEMORANDUM TO: City Council FROM: Cu y, terim City Manager DATE: June 21, 2006 SUBJECT: City Council Compensation for 2007 and 2008 Action Requested: This item is placed on the work session agenda so staff can respond to any questions the Council may have regarding the recommendation of the Financial Commission before a Council compensation item is placed on a Council agenda for action. C: Rl. Art 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 mrnum I�e o a d Date: 21 June 2006 To: Curt Boganey Interim City Manager From: Daniel Jordet Director of Fiscal Support Services Re: City Council Compensation for 2007 2008 Recommendation form Financial Commission The attached materials comprise the information presented by and considered by the Financial Commission Subcommittee on City Council Compensation and by the Financial Commission as a whole. The packet begins with the information presented to the subcommittee and finishes with the minutes from the 2006 meetings of those bodies. In summary, the recommendation from the Financial Commission is that the City Council receive no increase for 2007 and a 2% increase for 2008. This recommendation is, as is indicated in the Financial Policies, advisory only and the I i t t ke i n t either affirm this recommendation or chan e City Counc I mus a the act o 0 9 it. An chan e in com ensation will take effect after the first da of the v r Y I succeeding year following a general election. If you have questions or need clarification, please contact me. cc: Financial Commission �lemorandum Date: 3 April 2006 To: Financial Commission Subcommittee on City Council Compensation From: Daniel Jordet Director of Fiscal Support Services Re: Compensation Discussion for 2007 2008 Attached to this cover memorandum are materials that may be used to consider the Subcommittee's recommendation to the full Commission on City Council compensation for the 2007 and 2008 calendar years. These materials include: The section of the financial policies dealing with City Council compensation The 2004 memorandum from the subcommittee to the Commission i The 2004 comparison data The most recent comparative data (2005 and 2006) Graphic representations of the 2006 data Again, the Subcommittee is scheduled to meet in the Shingle Creek Room (conference room next to the City Council Chambers) on Thursday, 6 April 2006 at 6:30 PM. Please contact me if you are unable to attend. 4 City of Brooklyn Center 2.2 Policy and Procedure on Mayor and Council Member Total Compensation 1. Need for Policy The community is entitled to a clearly articulated, written description of the policy and procedure for establishing the total compensation of local elected officials. 2. Policy A. Service on the City Council is a civic obligation and an honor. The total compensation of the Mayor and Council Members should, therefore, not encourage candidacies based on monetary rather than public service objectives. However, the compensation of Brooklyn Center elected officials shall be fair and equitable in order to attract qualified candidates for local elective office. B. The propriety of the compensation levels of the Mayar and Council Members shall be evaluated through comparisons with compensation paid to similar officials within the seven county metropolitan area. C. The compensation levels of elected officials should be regulaxly reviewed and adjusted to ensure compliance with the objectives of this policy and to avoid the need for drastic or sudden compensation adjustments. D. Compensation set pursuant to this policy and procedure shall be deemed to be the total compensation for elected officials of the City with the exception of expense reimbursennent which shall be the same as provided all other City employees. 3. Procedure A. The City Manager shall biennially prepare a compensation report that contains an analysis of the compensation paid to elected officials of Minneapolis-St. Paul Area Metropolitan cities having a population within 10,000 of the City of Brooklyn Center that are generally fully developed {Such grouping shall include the cities of Richfield, Roseville, Maplewood, Fridley, Shoreview, White Bear Lake, Crystal, New Hope, and Golden Valley, in addition to the City of Brooklyn Center.} The report shall compute the average and median amounts paid to Mayors and Council Members and correlate survey results to the current compensation of Brooklyn Center elected City officials. The City Manager shall assemble such additional information on compensation of City elected officials as may be requested to assist the Commission and Council in their review of elected official's compensation. B. The City Manager shall submit the compensation report to the City Council and the Financial Commission prior to June 1, for information pertaining to the applicable calendar year. C. The Financial Commission shall bienniall revi y ew the Crty Manager s compensation report and discuss possible budgetary and public perception Financial Policies Secte�n II Page 21 Ciry of Brooklyn Center impacts of the indicated changes. Prior to July 1 of the same year, the Commission shall recommend to the City Council that the compensation of the Mayor and Council Members either remain the same or be changed to some specific amount in the manner prescribed by law. D. Consistent with the City Charter, Section 2.07, the Mayor and Council Members may, after conducting public hearings, set their compensation by ordinance. No change in compensation shall be in effect until January 1, following the next succeeding general election. 4. Authority The authority for establishing compensation for the Mayor and Council Members is found in Minnesota Statutes 415.11 and the City of Brooklyn Center Charter, Section 2.07. Reference: City Council Minutes 1/10/94 City Council Resolution No. 98-91 Financial Policies Sec�ion II page Z2 I�em orandum Date: 9 April 2004 To: Donn Escher, Chair Memb ers af the �nancial Commission From: ]ay Hruska Subcom mrttee Chai r Re: City Council Compensation for 2005 and 2006 The Financial Commission Subcommittee on City Council '�ompensation met on Thursday evening, 8 April 2004, at 6:30 PM at City Wall. Present were, Jay Hruska, Subcommi�tee Chair and Mark Nemec, Subcommittee Member. Also present was Daniel )ordet, Director of Fiscal Support Services. The members reviewed the materiais prepared by Mr. Jordet on behal� of the Subcommittee. Mr. Hruska asked about fhe inclusion of computer expenses in Council compensation. Mr. ]ordet replied that the computer allowance was rolled into the overall Council compensation amount in 2000. Mr. Hruska reviewed the goals used by compensetion subcommittees an the past. It has been the oal of the 9 group to keep City Council compensation at or above the median of the comparison cities. For 200�, the chart show� Brookiyn �Center at 110°�o to 111% of the median for comparison citi�s. Both Mr. Hruska and Mr. Nemec pointed out that com ensatio ais P n consider o be viewed in ii ht of the bu ation should 9 d et con 9 straints currently being e�tperienced by the The Subcommittee recommends that City Council compensation be left at the 20 levels for 2005 and that no addi�ionai amounts b� paid. For 2�06 the Subcommit"tee recommends an increase of 2% in the base wage of City Council members. Total cost of the increase should be about $1,000 for 2006. The three mait� reasons for this recommendation are: Budget constraints Sensitivity to citizens concems expressed about prioritization of expenses CounciNs current status in terms of position above the median compensaiaon of comparison cities I This recomm�ndation will be forwarded to the Fnancial conside Commission for r at t heir 29 A �ri� 2�04 mcetmg. il 2004 Annual Salary for Elected Officials 2Q04 2005 Population Mayor Councii Mayor Council Goiden Valley 20,391 $11,619 �8,696 $11,619 $8,696 Maplewood 35,080 $10,983 $9,666 Fridley 27,469 $9,637 $7,916 Richfield 34,876 �$8,779 $6,815 New Hope 20,910 $10,672 $7,553 Roseville 33,949 $9,300 $7,020 Crystal 22,748 $9,136 $7,028 $9,410 $7,239 White Bear Lake 24,606 $7,680 $5,�60 $7,680 $5,760 Brooklyn Center 29,180 $10,522 $8,056 Shoreview 36,374 $8,208 $6,084 Fridley Council salary listed above is for Council At-Large Council by ward is $6,998 Provides laptap computers Golden Valley Pays per diem of $50 per extra meeting to a maximum of $150 per month New Hope Pays per diem of $25 for EDA meetings DSL line at residence for laptop computers Provides laptop computers 8 2006 Cities in Compensation Policy Comparison for City Council Salaries 2005 2006 Population'" Mayor Council Mayor Council Golden Valley 20,736 $11,619 $8,696 $11,619 $8,696 Maplewood 35,763 $10,983 $9,666 $11,752 $10,343 Fridley 27,480 $9,893 $8,074 $9,926 $8,153 Richfield 34,502 $9,042 $7,019 $9,313 $7,230 New Hope 20,908 $10,672 $7,553 $10,672 $7,553 Roseville 34,080 $9,300 $7,020 $9,300 $7,02d Crystal 23,012 $9,410 $7,239 $9,410 $7,239 White Bear Lake 24,909 $7,680 $5,400 $7,680 $5,400 Brooklyn Center 29,174 $10,522 $8,056 $10,732 $8,217 Shoreview 26,475 $8,376 $6,204 $8,376 $6,204 Average $9,750 $7,493 $9,878 $7,606 Median $9,652 $7,396 $9,668 $7,396 Brooklyn Center as per cent of: Average 107.92% 107.52% 108.65% 108.04% Median 109.02% 108.92% 191.01 111.10% Fridley Council salary listed above is for Council At-Large Council by ward is $7,208 for 2006 Provides laptop computers Provides basic cable services Golden Valley Pays per diem of $50 per extra meeting to a maximum of $150 per month Maplewood Provides laptop computers New Hope Pays per diem of $25 for EDA meetings DSL line at residence for laptop computers Provides laptop computers Population* As listed in the 2005 LMC Directory of Minnesota City Officials 9 2006 Council Compensation 12,000 10, 343 10, 000 8,696 8,153 8,217 8,000 /,bb3 7,020 7,230 7,239 6,204 6,000 I 5,400 I I I 4,000 i 2,000 �T �o: White Bear Shoreview Roseville Richfield Crystal New Hope Fridley Brooklyn Golden Maplewood- Lake Center Valley i 2006 Mayor Compensation 12,000 11,619 11,752 10,672 10,732 9,926 10,000 9,300 9,313 9,410 7' y 8,376 8,000 --�68E 6 a 4y 7c� 5 y �Y: H� 6,000 4 5 9, 1 1 4,000 z: K ;yy 3 i �h 2,��0 �M I White Bear Shoreview Roseviile Richfield Crystai Fridley New Hope Brooklyn Golden Maplewood Lake Center Valley Financial Commission Subcommittee on City Council Compensation Meeting Minutes 6 April 2006 Call to Order The meeting was called to order by Mr. Anderson at 6:36 PM Roll Call Subcommittee Members Present: Commissioners Anderson (Chair), Paulson and Shogren-Smith. Staff present: Director of Fiscal Support Services Jordet. Discussion Mr. Anderson paid tribute to Donn Escher, longtime Chairman of the Financial Commission, who passed away in March. The difference between ward council members and at-large council members was clarified, as in the case of Fridley. Materials prepared for the meeting were reviewed. The Financial Policy sets the comparison cities at those metropolitan within 10,000 population of Brooklyn Center and which are generally fully developed. The previous report to the Financial Commission in 2004 indicated that past Subcommittees have used the benchmark of the median of the comparison cities as a goal for compensation of the Brooklyn Center City Council. Compensation relationships between the last study and the current study were examined. The current compensation for the City Council relative to the other comparison cities is much the same as it was during the last study; about 110% above the average for the comparison cities. Given that the current compensation is about 10% higher than the stated goal for compensation of the City Council the subcommittee, by consensus, recommended no increase for City Council compensation in 2007. For 2008, the subcommittee recommended, again by consensus, a 2% increase in wages for both the Mayor and each City Council member. The meeting was adjourned at 6:58 PM 3 Financiai Commission Regular Meeting Minutes 5 June 2006 1. Call to Order The meeting was called to order by Mr. Nemec at 8:43 PM 2. Roll Call Members Present: Commissioners Nemec and Shogren-Smith and Council Member Lasman. Commissioner Maze was excused. Staff present were Acting City Manager Boganey and Director of Fiscal Support Services Jordet. 3. Adontion of the Aaenda Ms. Shogren-Smith proposed and Mr. Nemec seconded a motion to adopt the agenda as presented. With all voting in favor, the motion was adopted. 4. Minutes Ms. Shogren-Smith proposed and Mr. Nemec seconded a motion to adopt the minutes of the 26 )anuary 2006 meeting as presented. With all voting in favor, the motion was adopted. 5. Selection of Chair for the Remainder of 2006 With the passing of Mr. Escher a new Chair for the Commission is required for the remainder of 2006. Ms. Shogren-Smith moved that Mr. Nemec become Chair for the remainder of the year. Mr. Nemec was required to second the motion as no other voting members of the Commission were present. With alt voting in favor the motion was adopted, making Mr. Nemec Chair of the Commission. Mr. Nemec then named Ms. Shogren-Smith as Vice Chair of the Commission. 6. Citv Council Comoensation Ms. Shogren-Smith and Mr. Jordet reviewed the recommendation of the Subcommittee on City Council Compensation which met on 6 April 2006. Members of the Subcommittee were Mr. Anderson, Mr. Paulson and Ms. Shogren-Smith. At that meeting, having reviewed the information presented on current compensation and comparison with the designated other cities, the Subcommittee suggested that Brooklyn Center's City Council was still in the same relative position that it was at the last review. Therefore, the same compensation solution was endorsed; no increase for 2007 and a 2% increase for 2008. On behalf of the full Commission, Ms. Shogren-Smith moved and Mr. Nemec seconded a motion recommending no increase in City Counci) wages for 2007 and a 2% increase in 2008. With all present voting in favor, the motion was approved. 7. Centerbrook Golf Course Mr. Jordet presented the information on restructuring the financing of the Centerbrook Golf course. The plan to operate the course, make needed repairs and small capital investments and repay an outstanding interfund loan of 800,000 to the Capital Improvements Fund was reviewed by the Park and Recreation Commission in May of 2006. They endorsed the plan unanimously.. Ms. Shogren- Smith moved and Mr. Nemec seconded a motion recommending the Plan to the City Council for adoption. With all voting in favor, the motion was adopted. 8. 2007 Budaet Overview and Calendar Mr. Jordet presented the materials on the 2007 budget overview. These were the same materials presented to and discussed with the City Council at a 22 May 2006 Work Session. Council Member Lasman informed the Commission that the Council had agreed to the priorities in the presentation and instructed the staff to prepare the preliminary 2007 budget on this basis. No action was taken by the Commission. 9. Other Business No other business was brought before the Commission. 10. Adiournment With no other business to transact, the meeting was adjourned at 9:07 PM. Amended 07/07/06 AGEI�'DA CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION July 10, 2006 Im.inediately Following Regular City Council and EDA Meetings Which Start at 7:00 P.M. City Council Chambers A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by tl�e Secretary. ACTIVE DISCUSSION ITEMS 1. Discussion of History of Neighborhood Advisory Groups Councilmember Niesen 2. Review of CVS Fence Decision Councilmember O'Connor 3. Discussion of Centerbrook Golf Course Funding Recommendation 4. Discussion of Random Acts of Kindness Program Pending List for Future Work Sessions July 24 Cracker Barrel Property Disposition EDA Hotel Development Discussion of 2007 Goal Setting Date and Process Discussion of Massage Parlor Ordinance Council Discussion of Liquor Ordinance Revisions Micro Brewery City Manager Discussion of Fire Pension Proposal August 14 Soil Issues 57th and Logan Area Charter Commission Proposed Amendmel�ts Recommendation Regarding Investment Policy Modifications per Audit (tentative request) City Manager Discussion of Draft Policy on Prior Authority to Purchase Items for Council Travel MEMORANDUM TO: City Council FROM: Curt Boganey, I��e!%�Manager DATE: July 6, 2006 SUBJECT: Neighborhood Advisory Groups Background: Council member Niesen has requested an historical review of the Neighborhood Advisory Group process. The establishment and use of Neighborhood Advisory Groups occurred in the mid -1960's and continued with diminished activity through late 1990's. In recent years the City has tended to use taskforces to provide input on various public issues. V�{ urre Ron prepared the attached memorandum in March of 2003 regarding this topic. He will be available at the meeting to answer questions that Council members may have. Action Requested: If it is the Council consensus to pursue this matter further it may be appropriate to continue discussion at a future Council retreat. C: Brad Hoffman G:�Asst City Mgr\COLJNCIL.MEM.FRM.doc MEMORANDUM TO: Brad Hoffman, Community Development Director FROM: Ronald A. Warren, Planning and Zoning Specialist SUBJECT: Neighborhood Advisory Groups DATE: March 4, 2003 You have requested background information regarding Neighborhood Advisory Groups and their function over the years. Neighborhood Advisory Groups had their beginnings in the mid-1960's when the city was developing a Comprehensive Plan that was eventually adopted in 1966. Six neighborhood planning areas were established and five member Neighborhood Advisory Groups were formed to assist in the planning effort by providing neighborhood input into the process. The Comprehensive Plan at that time was a neighborhood and special area based plan and the various Neighborhood Advisory Groups reviewed the preliminary neighborhood plans as developed by the Planning Commission and the planning consultant retained by the city at that time to assist in the preparation of the Comprehensive Plan. The six neighborhoods were highlighted and described based on physical feature boundaries as represented on the map attached. After adoption of the Comprehensive Plan in 1966, the Planning Commission continued to utilize the Neighborhood Advisory Groups to comment on rezoning actions that were being proposed within the various neighborhoods. The Planning Commission, however, served as "the neighborhood group" for the central commercial area and the industrial park area of the city. Although it was not required, consideration for appointment to the Planning Commission was based on maintaining a neighborhood balance on the Commission. Commission members served as a liaison to the Neighborhood Advisory Group from the area of the city in which they lived. The Neighborhood Advisory Group was advisory to the Planning Commission. As mentioned previously, there were five members of the Neighborhood Advisory Group plus the Planning Commission liaison to the group. When the city's Housing Advisory Commission was first formed in the early 1970's to consider a Housing Maintenance and Occupancy ordinance, appointment to that advisory commission was mandated on the basis of living in one of the six neighborhood areas. Housing Commission members were added to the list of Neighborhood Advisory Group members to provide input and comment into the planning process. The requirement that Housing Commission members be appointed from neighborhood areas lasted for about ten years but the Commission's enabling resolution was eventually changed because it became difficult to find neighborhood representation for the various Housing Commission seats. For a while some Housing Commission seats remained vacant because members from various neighborhoods could not be found. The City Council abandoned the 3-4-03 Page 1 practice of appointing Housing Commission members on the basis of neighborhoods in the mid- 1980's. In 1976 the City was required under State Statute to revise and upgrade its Comprehensive Plan and to incorporate Metropolitan Systems and Plans into their Comprehensive Plan process. The City continued to use the established neighborhood plan scheme begun in the 1960's and carried this over into its revised 1980 Comprehensive Plan. Goals and policies were continued on a neighborhood basis as well as special study areas. At that time, Neighborhood Advisory Groups were again asked to review and comment on the neighborhood policies and goals contemplated in the updated Comprehensive Plan. Meetings were held and the review was undertaken. Other advisory commissions, such as the Housing and Park and Recreation Commissions were asked to comment on portions of the updated Comprehensive Plan related to housing and park and open space. Through the 1970's and 1980's the Planning Commission continued to use Neighbarhood Advisory Groups for comments on rezoning applications for rezonings other than those in the central commercial area and the industrial park area. Applications for rezonings were referred to the respective Neighborhood Advisory Group for review and comment after the rezoning applications were introduced to the Planning Commission at a public hearing. The Planning Commission would generally only make a recommendation to the City Council following review and comment from the Neighborhood Advisory Group. City ordinances gave the Planning Commission up to 60 days to review and make a recommendation with respect to rezoning applications. This gave the Commission time to refer the matter to the Neighborhood Advisory Group, which generally held a meeting within 30 days after the Planning Commission had referred the matter to it. This process was followed for some time. In approximately 1990, the State of Minnesota adopted a 60 day Statutory limitation on the amount of time a city could take to review and evaluate any zoning action being applied for by a developer. Cities had to give answers to zoning requests within a 60 day time frame or the matter was considered to be approved without action on the part of the city. The 60 day clock was believed to start when the Planning Commission held its public hearing which still allowed time for Neighborhood Advisory Groups to meet formally and ma.ke advisory recommendations to the Planning Commission. In some cases, applicants agreed to waive the Statutory requirement so that Neighborhood Advisory Groups and the Planning Commission could make appropriate comments. In the latter part of the 1990's it was clarified that the 60 day clock started when an application was accepted by the city to be referred to the Planning Commission. We require, because of legal notice published in the official city newspaper and because of public hearing notices sent to surrounding property owners, that a rezoning application be filed four weeks prior to the Planning Commission public hearing meeting date. Thirty days of the 60 day limitation are, thus, used up before the Planning Commission even considers the matter at a public hearing. Because of this fact, the Planning Commission decided in 1998 to institute a new practice of inviting Neighborhood Advisory Group members to the Planning Commission's public hearing and providing them with the written reports and analysis of the rezoning requests prior to that 3-4-03 Page 2 meeting. Neighborhood Advisory Group members were encouraged to make their comments at the Planning Commission public hearing. The Commission then made a recommendation to the City Council at the meeting in which the rezoning application was first considered. This new procedure also made it possible for the City Council to get the rezoning application for consideration with some time left on the clock for their analysis as we1L Attached is a copy of the Neighborhood Advisory Group listing that was last updated in 2001. It shows the various members of the Neighborhood Advisory Groups and the Planning Commission member assigned as liaison to the group. The Planning Commission has generally been responsible for recruiting group membership. It has been difficult for Planning Commission members to keep active lists because the various groups have met infrequently over the years, only being used when rezoning applications have been referred to the group. Since January 1993 there have been 29 rezoning applications filed requesting formal review. Of those 29 applications, 12 were for rezonings, PUD's or PUD Amendments within the central commercial area or the industrial park. As mentioned previously, the Planning Commission serves as the "Neighborhood Group" for these areas of the city and no formal Neighborhood Advisory Group meetings were held. Also, six applications during that time were considered in which the Planning Commission determined that no Neighborhood Advisory Group review or comment was necessary. Six formal Neighborhood Advisory Group meetings were held since January of 1993 involving the Northeast Neighborhood Advisory Group, the Northwest Neighborhood Advisory Group, the West Central Neighborhood Advisory Group and the Southwest Neighborhood Advisory Group. No rezoning requests involving the Southeast or Central Neighborhood Advisory Groups had been requested during that time. Since 1998 there have been five occasions when Neighborhood Advisory Groups were requested to appear at a Planning Commission meeting and express their opinions and comments regarding rezonings. In these cases, letters were sent requesting the neighborhood's input and reports of the Planning Commission consideration were delivered. Comments from the Northeast Neighborhood Advisory Group, the Northwest Neighborhood Advisory Group, the Southwest Neighborhood Advisory Group and Southeast Neighborhood Advisory Group have all been received in this way. It should be noted that formal Neighborhood Advisory Group meetings were not used during the recently required updating of the City's Comprehensive Plan (Brooklyn Center Comprehensive Plan 2020, dated January 2000). This Comprehensive Plan update is not as neighborhood oriented and does not contain neighborhood policies and goals based on neighborhood areas as did the 1980 and 1966 Comprehensive Plans. The current Comprehensive Plan highlights neighborhood issues while the policies are generally to the city as a whole. Neighborhood Advisory Groups were not used for review and comment with this Comprehensive Plan update. A Comprehensive Plan Task Force made up of City Council members, Planning Commission members and a cross section of community membership formed the group. The City now tends to use task forces to obtain community comment with respect to various planning activities. Task forces were used for Brooklyn Boulevard studies in recent years as well as for getting comments for such plans as the Bellvue Avenue redevelopment and linkage plan. Neighborhood associations, not necessarily related to the old Neighborhood Advisory Groups, have also been established under their own initiative as well, such as the Riverwood Neighborhood Association, to make specific comments regarding sub areas within various 3-4-03 Page 3 neighborhoods. These groups have been formed independently and generally zero in on smaller areas than the Neighborhood Advisory Group boundaries. It should also be noted that interest on serving on the Neighborhood Advisory Groups over the years has waned. They meet infrequently and it is difficult to keep an interest because of the limited amount of time they are utilized. The new procedure of inviting Neighborhood Advisory Groups to Planning Commission meetings seems to work well. I hope this memo addresses your inquiry. If you need additional information, please let me know. 3-4-03 Page 4 MEMORANDUM TO: City Council FROM: Curt Boganey, e i Manager DATE: July 6, 2006 SUBJECT: Neighborhood Advisory Groups Background: Council member Niesen has requested an historical review of the Neighborhood Advisory Group process. The establishment and use of Neighborhood Advisory Groups occurred in the mid -1960's and continued with diminished activity through late 1990's. In recent years the City has tended to use taskforces to provide input on various public issues. Ron Boman prepared the attached memorandum in March of 2003 regarding this topic. He will be available at the meeting to answer questions that Council members may have. Action Requested: If it is the Council consensus to pursue this matter further it may be appropriate to continue discussion at a future Council retreat. C: Brad Hoffman G:�Asst City Mgr\COUNCIL.MEM.FRM.doc MEMOR.ANDUM TO: Brad Hoffman, Community Development Director FROM: Ronald A. Warren, Planning and Zoning 5pecialist SUBJECT: Neighborhood Advisory Groups DATE: March 4, 2003 You ha�e requested background information regarding Neighborhood Advisory Groups and their function over the years. Neighborhood Advisory Groups had their beginnings in the mid-1960's when the city was developing a Comprehensive Plan that was eventually adopted in 1966. Six neighborhood planning areas were established and five member Neighborhood Advisory Groups were formed to assist in the planning effort by providing neighborhood input into the process. The Comprehensive Plan at that time was a neighborhood and special area based plan and the various Neighborhood Advisory Groups reviewed the preliminary neighborhood plans as developed by the Planning Cominission and the planning consultant retained by the city at that time to assist in the preparation of the Comprehensive Plan. The six neighborhoods were highlighted and described based on physical feature boundaries as represented on the map attached. After adoption of the Comprehensive Plan in 1966, the Planning Commission continued to utilize the Neighborhood Advisory Groups to comment on rezoning actions that were being proposed within the various neighborhoods. The Planning Commission, however, served as "the neighborhood group" for the central commercial area and the industrial park area of the city. Although it was not required, consideration for appointment to the Planning Commission was based on maintaining a neighborhood balance on the Comrnission. Commission members served as a liaison to the Neighborhood Advisory Group from the area of the city in which they lived. The Neighborhood Advisory Group was advisory to the Planning Commission. As mentioned previously, there were five members of the Neighborhood Advisory Group plus the Planning Commission liaison to the group. When the city's Housing Advisory Commission was first formed in the early 1970's to consider a Housing Maintenance and Occupancy ordinance, appointment to that advisory commission was mandated on the basis of living in one of the six neighborhood areas. Housing Commission members were added to the list of Neighborhood Advisory Group members to provide input and comment into the planning process. The requirement that Housing Commission members be appomted from neighborhood areas lasted for about ten years but the Commission's enabling resolution was eventually changed because it became difficult to find neighborhood representation for the various Housing Commission seats. For a while some Housing Commission seats remained vacant because members from various neighborhoods could not be found. The City Council abandoned the i 3-4-03 Page 1 practice of appointing Housing Commission members on the basis of neighborhoods in the mid- 1980's. In 1976 the City was required under State Statute to revise and upgrade its Comprehensive Plan and to incorporate Metropolitan Systems and Plans into their Comprehensive Plan process. The City continued to use the established neighborhood plan scheme begun in the 1960's and carried this over into its revised 1980 Comprehensive Plan. Goals and policies were continued on a neighborhood basis as well as special study areas. At that time, Neighborhood Advisory Groups were again asked to review and comment on the neighborhood policies and goals contemplated in the updated Comprehensive Plan. Meetings were held and the review was undertaken. Other advisory commissions, such as the Housing and Park and Recreation Commissions were asked to comment on portions of the updated Comprehensive Plan related to housing and park and open space. Through the 1970's and 1980's the Planning Commission continued to use Neighborhood Advisory Groups for comments on rezoning applications for rezonings other than those in the central commercial axea and the industrial park area. Applications for rezonings were referred to the respective Neighborhood Advisory Group for review and comment after the rezoning applications were introduced to the Planning Commission at a public hearing. The Planning Commission would generally only make a recommendation to the City CouYCil following review and comment from the Neighborhood Advisory Group. City ordinances gave the Planning Commission up to 60 days to review and make a recommendation with respect to rezoning applications. This gave the Commission time to refer the matter to the Neighborhood Advisory Group, which generally held a meeting within 30 days after the Planning Commission had referred the matter to it. This process was followed for some time. In approximately 1990, the State of Minnesota adopted a 60 day Statutory limitation on the amount of time a city could take to review and evaluate any zoning action being applied for by a developer. Cities had to give answers to zoning requests within a 60 day time frame or the matter was considered to be approved without action on the part of the city. The 60 day clock was believed to start when the Planning Commission held its public hearing which still allowed time for Neighborhood Advisory Groups to meet formally and make advisory recommendations to the Planning Commission. In some cases, applicants agreed to waive the Statutory requirement so that Neighborhood Advisory Groups and the Planning Commission could make appropriate comments. In the latter part of the 1990's it was clarified that the 60 day clock started when an application was accepted by the city to be referred to the Planning Commission. We require, because of legal notice published in the official city newspaper and because of public hearing notices sent to surrounding property owners, that a rezoning application be filed four weeks prior to the Planning Commission public hearing meeting date. Thirty days of the 60 day limitation are, thus, used up before the Planning Commission even considers the matter at a public hearing. Because of this fact, the Planning Commission decided in 1998 to institute a new practice of inviting Neighborhood Advisory Group members to the Planning Commission's public hearing and providing them with the written reports and analysis of the rezoning requests prior to that 3-4-03 Page 2 meeting. Neighborhood Advisory Group members were encouraged to make their comments at the Planning Commission public hearing. The Commission then made a recommendation to the City Council at the meeting in which the rezoning application was first considered. Tlus new procedure also made it possible for the Crty Council to get the rezoning application for consideration with some time left on the clock for their analysis as well. Attached is a copy of the Neighborhood Advisory Group listing that was last updated in 2001. It shows the vaxious members of the Neighborhood Advisory Groups and the Planning Commission member assigned as liaison to the group. The Planning Commission has generally been responsible for recruiting group membership. It has been difficult for Planning Commission members to keep active lists because the various groups have met infrequently over the years, only being used when rezoning applications have been referred to the group. Since January 1993 there have been 29 rezoning applications filed requesting formal review. Of those 29 applications, 12 were for rezonings, PUD's or PUD Amendments within the central commercial area or the industrial park. As mentioned previously, the Planning Commission serves as the "Neighborhood Group" for these areas of the city and no formal Neighborhood Advisory Group meetings were held. Also, six applications during that time were considered in which the Planning Commission determined that no Neighborhood Advisory Group review or comment was necessary. Six formal Neighborhood Advisory Group meetings were held since January of 1993 involving the Northeast Neighborhood Advisory Group, the Northwest Neighborhood Advisory Group, the West Central Neighborhood Advisory Group and the Southwest Neighborhood Advisory Group. No rezoning requests involving the Southeast or Central Neighborhood Advisory Groups had been requested during that time. Since 1998 there have been five occasions when Neighborhood Advisory Groups were requested to appear at a Planning Commission meeting and express their opinions and comments regarding rezonings. In these cases, letters were sent requesting the neighborhood's input and reports of the Planning Commission consideration were delivered. Comments from the Northeast Neighborhood Advisory Group, the Northwest Neighborhood Advisory Group, the Southwest Neighborhood Advisory Group and Southeast Neighborhood Advisory Group have all been received in this way. It should be noted that formal Neighborhood Advisory Group meetings were not used during the recently required updating of the City's Comprehensive Plan (Brooklyn Center Comprehensive Plan 2020, dated January 2000). This Comprehensive Plan update is not as neighborhood oriented and does not contain neighborhood policies and goals based on neighborhood areas as did the 1980 and 1966 Comprehensive Plans. The current Comprehensive Plan highlights neighborhood issues while the policies are generally to the city as a whole. Neighborhood Advisory Groups were not used for review and comment with this Comprehensive Plan update. A Comprehensive Plan Task Force made up of City Council members, Planning Commission members and a cross section of community membership formed the group. The City now tends to use task forces to obtain community comment with respect to various planning activities. Task forces were used for Brooklyn Boulevard studies in recent years as well as for getting comments for such plans as the Bellvue Avenue redevelopment and linkage plan. Neighborhood associations, not necessarily related to the old Neighborhood Advisory Groups, have also been established under their own initiative as well, such as the Riverwood Neighborhood Association, to make specific comments regarding sub areas within various 3-4-03 Page 3 neighborhoods. These groups have been formed independently and generally zero in on smaller areas than the Neighborhood Advisory Group boundaxies. It should also be noted that interest on serving on the Neighborhood Advisory Groups over the years has waned. They meet infrequently and it is difficult to keep an interest because of the limited amount of time they are utilized. The new procedure of inviting Neighborhood Advisory Groups to Planning Commission meetings seems to work well. I hope this memo addresses your inquiry. If you need additional information, please let me know. i 3-4-03 Page 4 MEMORANDUM TO: City Council FROM: Curt Boganey, e Manager DATE: July 6, 2006 SUBJECT: CVS Fence Background: Council Member O'Connor has requested that this item be discussed at a work session to determine the method by which a gap in the proposed CVS fence is approved. To the extent that the Council disagrees with this approval, she would like to know how it could be avoided in the future. On March 15 2005 the City considered Planning Commission Application N0. 2005- 003 Bear Creek Capital LLC CVS Store. Three separate actions were before the City Council: Presentation on Zoning Change Adoption Rules Resolution Regarding deposition of Planning Commission Application 2005-003 An Ordinance Amending Chapter 35 Regarding the Zoning Classification of Certain Land First Reading At this meeting the City Manager addressed several issues previously raised including, Time limits regarding zoning requests, The Comprehensive Plan, Super Majority Requirements, Simple Majarity Requirements, Other legal issues. The packet for this item included in excess of one hundred twenty pages and several citizens addressed the Council regarding concerns. I point these facts out as reminder that this PUD and rezoning approval was not typical in many respects. The result is that issues that might normally be focused on in a typical hearing may have been given less scrutiny than what would be the norm. With respect to the proposed fence, the plans submitted by CVS included a fence that ended at the property line that divided its property from the dental clinic to the north. There was no fence separating the dental clinic from the residential properties. The Planning Commissions recommended condition for PUD approval was To add a minimum 6" high opaque screen wall along the west property line of the dental center site where it abuts with the R-1 zoning district." The Council included that condition in the approval. ,I Subsequent to the approval and in accordance the condition the applicant submitted plans that complied with the condition by constructing an 8 foot high fence along the dental office property line abutting the residentially zoned properties. As shown on the landscape plan, there was an existence mature tree on the property line of the dental office property so the developer proposed leaving gap between the two sections of the fencing. Given the City's general policy of saving mature trees when possible, this approach was reasonable and consistent with conditions approved b the Y Crty Council. r In the staff reports, the applicant was clearly encouraged to meet with abutting properties to discuss the proposal "particularly to explain the proposal and to get reaction to the screening and buffering plans. It was stated in the report that staffs opinion was that pedestrian access breaks in the fencing might be warranted depending on individual preferences" Until the fence was built the issue of breaks in the fence was not raised and approve of the modified site plan as presented appear to be non-controversial and consistent with the Council approval. Had the issued been raised by the residents or others it is likely that we would have required a different fence plan. Action Requested: In terms of future actions the uniqueness of this issue should not be underestimated. It may be that these matters are best handled on a case by case basis. Beyond that the Council may choose to be more explicit in its staff direction requiring that fences be continuous in all cases or unl i 1 rrant a break. ess spec a conditions wa C: Brad Hoffinan Ron Warren Ebhc carpet COiJNCIL.MEM Member introduced the following resolutian and moved its adoption: RESOLUTION NO. RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2005-003 SUBMITTED BY BEAR CREEK CAPITAL, LLC WHEREAS, Planning Comrnission Application No. 2005-003 submitted by Bear Creek Capital, LLC, proposes rezoning frorn R-1 (One Family Residence) and C-1 (Service Office) to PUD/C-2 (Planned Unit DevelopmentlCommerce) of five contiguous lots totaling 66;517 sq. ft. or 1.53 acres in area located at the northwest comer of Couniy Road 10 (5$�' Avenue North) and Brooklyn Boulevard; and WHEREAS, the proposal comprehends the rezoning of the above mentioned properly and development plan approval for a 13,000 sq. ft. CVS Pharmacy on the proposed Lot 1, Block l, CVS Brooklyn Boulevard Addition; and WHEREAS, the Planning Commission held a duly called public heazing' on February 17, 2005 when a staff report and public testimony regarding the rezoning and development plan were received; and WHEREAS, the Planning Comrnission recornmended approval of Application No. 2005-003 by adopting Planning Commission Resolution No. 20Q5-O I on February 1 T, 2005; and WHEREAS, the City Council considered Application Na 2005-003 at its February 28, 2005 meeting; and WHEREAS, the City Council has considered this Planned Unit Development request in Iight of all testimony received, the guidelines for evaluating' rezonings conta.ined in Section 35-208 of the City's Zoning Ordinance, the provisions of the Planned Unit Development the Ci 's Com rehensive 'n Ordinance ordinance contained in Section 35-355 of the Crty s Zoru g ty p Plan and the Planning Commission's recommendations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to recommend that Application No. 2005-003 submitted by Bear Creek Capital, v w' cansiderations: L o ed in li t the follo in L Cbea r h of PP g g l. The Planned Unit Development is compatible with the standards, purposes and intent of the Planned Unit Development section of the City's Zoning Ordinance. 2. The Planned Unit Development proposal will allow for the utilizatian of the land in orn lirnent to and of uestton in a manner wluch is com at�ble with c �3' q P P comparable intensity to adjacent land uses as well as those permitted on surrounding land. RESOLUTION NO, 3. The utilization of the property as proposed under the Planned Unit Development Rezoning is considered a reasonable use of the property and will conform with ordinance standards except for allowing a portion of a drive lane to encroach in a 35 ft. buffer area located along the west side of the site. This modification from the C- 2 standard is justified on the basis of the development being an appropriate redevelopment of this area and that it is offset or mitigated by various factars contained in the approved site plan. 4. The Planned Unit Development proposal is considered consistent wit� the recommendations of the City's Comprehensive Plan for this area of the city. 5. The Planned Unit Development proposal appears to be a good long range use of the existing land and this redevelopment can be cansidered an asset to the community. 6. In light of the above considerations, it is believed that the guidelines for evaluating rezonings as contained in Section 35 208 of the City's Zoning Ordinance are met and the proposal is, therefore, in the best interest of the community: BE IT FURTHER RESOLVED by the City Council of the City ofBrooklyn Center that Application No. 2005-003 be approved subject to the foilowing conditions and considerations: l. The building plans are subject to review and approval by the Building Offtcial with respect to applicable codes prior to the issuance of permits. I 2. Grading, drainage, utility and erosion control plans are 'subject to review and approval by the City Engineer prior to the issuance or permits. 3. A site performance a reement and su ortin financial uarantee in an amount to be I PP g g determined based on cost estirnates shall be submitted priar to the issuance of buildin ermits to assure com letion of all re uired site im rovements for both the �P 9 P P CVS Pharrnacy srte and the ad�acent dental center srte. I 4. B-612 curb and gutter shall be provided around all parking and driving areas. 5. Any outside trash disposal facilities and rooftop or on' ground mechanical equipment shall be appropriately screened from view. 6. The building sha11 be equipped with an automatic fire extinguishing system to meet NFPA standazds and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Qrdinances. RESOLUTION NO. 7, Underground imgation shall be installed in all landscaped areas on the CVS Pharmacy and dental eenter sites to facilita.te site maintenanee. 8. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. An off site directional sign shall be provided at the shared access on Brooklyn'Boulevard indicating that it is an entrance for the CVS Pharmacy site. 9. The applicant sha11 submit an as built survey of the praperty, improvements and utility service lines prior ta the release of the performance guarantee. 10. The owners of the CVS Phannacy site and the dental center site shall enter into an easernent and agreement for maintenance and inspectian of utility and storm drainage systems as approved by the City Engineer prior to issuance of building permits: 1 l. All work performed' and materials used for construction of utilities shall conform to the City of Brooklyn Center Standard Specifications and Details. 12. The applicant shall provide appropriate erosion control during construction as approved by the City Engineering Department and obtain an NPDES construction site erosion control permit from the Minnesata Pollution Control Agency prior to disturbing the site. 13. No building permit will be issued for construction Qf the proposed building until`the plat comprefiended under Planning Commission Application No. 2005-002 has been given final approval by the City Council and filed with Hennepin County. 14. The applicant shall enter into a PUD agreement with the City of Brooklyn Center to be reviewed and approved by the City Attorney prior to the issuance of building perxnits. Said agreement shall be filed with the title to the property and shall acknowledge the specific modifications to the C-2 underlying zoning district as well as other conditions of approval. The agreement shall further assure compliance with the development plans submitted with this application. 15. Approval o� this Planned Unit Development acknowledges the G2 underlying zoniilg district as authorizing C-2 uses generally. This site, however, may not be used for any land uses not authorized in the Central Commerce Overlay bistrict (CC) per Section 35-2240 of the City Ordinances. 16. The owners of the CVS Phannacy site and the dental center site sha11 execute a deed restriction to be filed with the titles to the respective properties encumbering ten parking spaces on the dental center site for the sole use of the CVS Pharmacy. RESOLUTION N0. 17. Cross access and parking agreements, as approved by the City Attorney, shall be executed by the owners of the two respective sites. 1$. The development plan shall be modified in the following manner: a. To provide additional landscaping in the reduced buffer areas such as coniferous trees to provide additional screening from the abutting R-1. b. To add a rninimum 6' high opaque screen wall along the west property line of the dental center site where it abuts with the R-1 zoning district. c. Modification to the lighting plan so that allawed foot candle levels are consistent with Section 35-712 of the City Ordinances. 19. Access to County Road 10 and Brooklyn Boulevard are subject to ap�roval by Hennepin County through its permitting process. Februarv 28. 2005 Date Ma 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 resalution vvas declared duly passed and adopted. EXISTING CURB S89'S3'21 "E 181.34 9. r -T INSTALL CURB CUT 5� PARKING U AND APRON PER SETBACK 2,; r-� COUNTY STDS MODULAR BLOCK 34'9, �q,:p� (SEE DETAIL) RETAINING WALL I 1.5' CONC O O R25.0� MEDtAN I u Q 11 0' ;Yf SOLID WHITE STRIPE O O 11 0' 19.5� R10.0� i O O 7 8.7� R10.0� O H 36.0' O C R3.0 R5.0 O RAMP ''1� J 4� 24.0' ``J G if n n R10.0' �i� ii 24.0'-� 8 f R3.0'` 8.7' �n 1 �n 0 8 O l� I i 8.0' i O l 8' VINYL O _L. u FENCE (END) O (3 n u 2.0' u 11 n R3 0, 5.7' a;,� n 12 I O R3.0' INSTALL CURB 2 GUTTER TO CLOSE 42 ENIRANCE 1-STORY 15' PARKING O 2 BUILDING �ETBACK 8.7' g PRESERVE EXiST r REMOVE AND CURB REPLACE EXISTI SHED u CONC WALK O 5 N, (BROOKLYN BL� ONLY) 01 m O O �,1 r� 2 0 39.7' 7 O y N I O PRESERVE EXIS 2 2 �CURB O DUMPSTER- gc i 15.2' N COMPtiCTOR 18. INSTALL t o EtJCHOSURE, (SE� 4 2 EN'TRANCI Zi R3:0 F1RE TRUCK Pf�T�i O S MA I f 10.0' t� O R3� R6.�' CUI �1� vi...i.iiii::::::>ir 8' VINYL I 4 /i%%/� r FENCE (GAP FOR 14.2� t REA EXIST TREE) �O M d� REF t i C0� R3 5.5' f t�� (gR 2 i�ON[ Q z i ij YJ 1 R30.0� t N i I I N U J ��V�� O CV��p��Q��C�� O MOD BLOCK I c 3. RET WALL FFE �V�.O 1 1 Q n :d 2 8' VINYL FENCE FOR SIDE V� AND REAR YARDS TO POSITION SHOWN. 1009: t t OPACITY. BUFFIECH I "CHESTERFIELD W/LATTICE ��_��<=�y ACCENT" OR APPROVED EQUAL INSTALL AS �,..:1',��, O C �O ��i- 15� PKP SPECIFIED. ENIRANCE CANOPY 24 0� SETBAC SEE ARCHITECTURAL r J 15.0� i �,-y 5.6' 35 B�DG ENTRANCE SETB K N89'48'21"E 41.10 O 8.3'. Q 49.6 F P -�j,....._ j PED C RAMP R30 R30.0' I O O o o RAMP 2 18. c�i. l� t�X 5 0 R45.0' 0 O_0 l 2i `C y I_ R3.0' i� 5.0' 8.0, 1 R8.0' fL FENCE FOR SIDE O �5.0' R3.0' CONC 1 8•0 �8.0 O 4 EAR YARDS TO 24 CURB 2 2�� R8.0' -1 O )N SHOWN. 100� F STOP ��4 y y !Y. BUFFTECH 24.0'� 8.0' (T`rP) 8.2 24.0 r O PED fERFlELD W/LATTICE p 1 7 I RAMP I T" OR APPROVED INSTALL AS d O O 9 5 ,m O 0 7 O w V 2 5 Q I �O i 9.5' 7 I O I MEMORANDUM TO: City Council FROM: Curt Boganey, e Manager DATE: July 6, 2006 SUBJECT: CVS Fence Background: Council Member O'Connor has requested that this item be discussed at a work session to determine the method by which a gap in the proposed CVS fence is approved. To the extent that the Council disagrees with this approval, she would like to know how it could be avoided in the future. On March 15�' 2005 the City considered Planning Commission Application N0. 2005- 003 Bear Creek Capital LLC CVS Store. Three separate actions were before the City CounciL• Presentation on Zoning Change Adoption Rules Resolution Regarding deposition of Planning Commission Application 2005-003 An Ordinance Amending Chapter 35 Regarding the Zoning Classification of Certain Land First Reading At this meeting the City Manager addressed several issues previously raised including, Time limits regarding zoning requests, The Comprehensive Plan, Super Majority Re uirements Sim le Ma'orit Re uirements Other le al issues. q P J Y q g The packet for this item included in excess of one hundred twenty pages and several citizens addressed the Council re ardin concerns. I omt these facts out as remmder that g g p this PUD and rezonin a roval was not t ical in man res ects. The result is that issues g PP 1'P Y p that might nortnally be focused on in a typical hearing may have been given less scrutiny than what would be the norm. i With respect to the proposed fence, the plans submitted by CVS included a fence that ended at the property line that divided its property from the dental clinic to the north. There was no fence separating the dental clinic from the residential properties. The Planning Commissions recommended condition for PUD approval was To add a minimum 6" high opaque screen wall along the west property line of the dental center site where it abuts with the R-1 zoning district." The Council included that condition in the approval. Subsequent to the approval and in accordance the condition the applicant submitted plans that complied with the condition by constructing an 8 foot high fence along the dental office property line abutting the residentially zoned properties. As shown on the landscape plan, there was an existence mature tree on the property line of the dental office property so the developer proposed leaving gap between the two sections of the fencing. Given the City's general policy of saving mature trees when possible, this approach was reasonable and consistent with conditions approved by the City Council. In the staff reports, the applicant was clearly encouraged to meet with abutting properties to discuss the proposal "particularly to explain the proposal and to get reaction to the screening and buffering plans. It was stated in the report that staffs opinion was that pedestrian access breaks in the fencing might be warranted depending on individual preferences" Until the fence was built the issue of breaks in the fence was not raised and approve of the modified site plan as presented appear to be non-controversial and consistent with the Council approval. Had the issued been raised by the residents or others it is likely that we would have required a different fence plan. Action Requested: In terms of future actions the uniqueness of this issue should not be underestimated. It may be that these matters are best handled on a case by case basis. Beyond that the Council may choose to be more explicit in its staff direction requiring that fences be continuous in all cases or unless special conditions warrant a break. C: Brad Hoffinan Ron Warren Ebhc carpet COLJNCIL.MEM Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2005-003 SUBMITTED BY BEAR CREEK CAPITAL, LLC WHEREAS, Planning Commission Application No. 2005-003 submitted by Bear Creek Capital, LLC, proposes rezoning from R-] (One Family Residence) and Gl (Service O�ce) to PUD/C-2 (Planned Unit DevelopmentlCommerce) of five contiguous lots totaling 66,517 sq. ft. or 1.53 acres in area located at the northwest corner of County Road 10 (58`� Avenue North) and Brooklyn Boulevard; and WHEREAS, the proposal comprehends the rezoning of the above mentioned property and development plan approval for a 13,000 sq. ft. CVS Pharmacy on the proposed Lot 1, Block 1, CVS Brooklyn Boulevard Addition; and WHEREAS, the Planning Commission held a duly called public hearing on February 17, 2005 when a staff report and public testimony regarding the rezoning and development plan were received; and WHEREAS, the Planning Commission recommended approval of Application No. 7 2005 and 5 O1 on Febru 1 mmission Res olution No. 200 2005 003 b ado tin Plannin Co �'Y Y p g g WHEREAS, the City Council considered Application No. 2005-003 at its February 28, 2005 meeting; and WHEREAS, the City Council has considered this Planned Unit Development re uest in li ht of all testimon received the idelines for evaluating rezonings contained in q g Y Section 35-208 of the City's Zoning Ordinance, the provisions of the Planned Unit Development ordinance contained in Section 35-355 of the City's Zoning Ordinance, the City's Comprehensive Plan and the Planning Commission's recom.mendations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to recommend that Application No. 2005-003 submitted by Bear Creek Capital, LLC be approved in light of the following considerations: l. The Planned Unit Development is compatible with the standards, purposes and intent of the Planned Unit Development section of the City's Zoning Ordinance. ation of the land in 2. The Planned Unit Development proposal will allow for the utiliz question m a manner which is compatible with, complimentary to and of com arable intensi to ad'acent land uses as well as those pemutted on surrounding p �S' J land. I RESOLUTION NO. 3. The utilization of the property as proposed under the Planned Unit Development Rezoning is considered a reasonable use of the properiy and will conform with ordinance standards except for allowing a portion of a drive lane to encroach in a 35 ft. buffer area located along the west side of the site. This modification from the C- 2 standard is justified on the basis of the development being an appropriate redevelopment of this area and that it is offset or mitigated by various factors contained in the approved site plan. 4. The Planned Unit Development proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the city. 5. The Planned Unit Development proposal appears to be a good long range use of the existing land and this redevelopment can be considered an asset to the community. 6. In light of the above considerations, it is believed that the guidelines for evaluating rezonings as contained in Section 35-208 of the City's Zoning Ordinance are met and the proposal is, therefore, in the best interest of the community. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center that Application No. 2005-003 be approved subject to the following conditions and considerations: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance or permits. 3. A site erformance a reement and su orting financial guarantee in an amount to be P g PP determined based on cost estimates shall be submitted prior to the issuance of building permits to assure completion of all required site improvements for both the CVS Pharmacy site and the adjacent dental center site. 4. B-612 curb and gutter shall be provided around all parking and driving areas. S. Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. 6. The building shall 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. RESOLUTION N0. 7. Underground irrigation shall be installed in all landscaped areas on the CVS Pharmacy and dental center sites to facilitate site maintenance. 8. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. An off site directional sign shall be provided at the shared access on Brooklyn Boulevard indicating that it is an entrance for the CVS Pharmacy site. 9. The applicant shall submit an as built survey of the property, improvements and utility service lines prior to the release of the performance guarantee. 10. The owners of the CVS Pharmacy site and the dental center site shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems as approved by the City Engineer prior to issuance of building permits. 11. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center Standard Specifications and Details. 12. The applicant shall provide appropriate erosion control during construction as approved by the City Engineering Department and obtain an NPDES construction site erosion control permit from the Minnesota Pollution Control Agency prior to disturbing the site. 13. No building permit will be issued for construction of the proposed building until the plat comprehended under Planning Commission Application No. 2005-002 has been given final approval by the City Council and filed with Hennepin CounTy. 14. The applicant shall enter into a PUD agreement with the City of Brooklyn Center to be reviewed and approved by the City Attorney prior to the issuance of building permits. Said agreement shall be filed with the title to the property and shall acknowledge the specific modifications to the C-2 underlying zoning district as well as other conditions of approval. The agreement shall further assure compliance with the development plans submitted with this application. 15. Approval of this Planned Unit Development acknowledges the C-2 underlying zoning district as authorizing C-2 uses generally. This site, however, may not be used for any land uses not authorized in the Central Commerce Overlay District (CC) per Section 35-2240 of the City Ordinances. 16. The owners of the CVS Pharmacy site and the dental center site shall execute a deed restriction to be filed with the titles to the respective properties encumbering ten parking spaces on the dental center site for the sole use of the CVS Phannacy. RESOLUTION NO. 17. Cross access and pazking agreements, as approved by the City Attorney, shall be executed by the owners of the two respective sites. 18. The development plan shall be modified in the following manner: a. To provide additional landscaping in the reduced buffer areas such as coniferous trees to provide additional screening from the abutting R-1. b. To add a minimum 6' high opaque screen wall along the west property line of the dental center site where it abuts with the R-1 zoning district. c. Modification to the lighting plan so that allowed foot candle levels are consistent with Section 35-712 of the City Ordinances. 19. Access to County Road 10 and Brooklyn Boulevard are subject to approval by Hennepin County through its permitting process. Februarv 28, 2005 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 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BUFFTECH I :1 "CHESTERFlELD W/LATTICE ACCENT" OR APPROVED EQUAL INSTALL AS O C �O 15� PKP SPECIF1Ed. O ENIRANCE CANOPY f SEE ARCHITECTURAL 24.0� SETBAC '1,� 15.0' i 5.6' 35' Bq DG .J ENTRANCE SETBi :K N$9'48'21"E ,:.i-: 8.3 I 41.1 ,l 0 Q o. r�.�4 z 49.6' 1-�-�I� V' F PED R30. R30.0' P� C RAMP O A m�o RAMP 2 O I, P� 5 JO R45.0' O� OA D( 18.0 2�/ 10 I �','1' O t A j L L ,l._:�i w R3.0� 8.0 C 1O R5.0� R3.0' CONC �I I8.0'18 p `'J I R8.0 4 I ','L FENCE FOR SIDE 24 0 CURB 2 O� R8.0' -�I :AR YARDS TO Y. BUFFTECH 24.0'+-- 8.0' (TYP) 4 8.2� �24.0' O PED i �RFIELD W/LATIICE p 17 I RAMP T" OR APPROVED INSTALL AS d O O 9 5 O IED O I w V 2 5 I u U 19.5' ��I MEMORANDUM TO: City Council FROM: Curt B�r�erim City Manager DATE: July 6, 2006 SUBJECT: Centerbrook Golf Course Financing Plan Background: On June 26�' the City Council began the review of the proposed financing plan for Centerbrook Golf Course. During the course of that review errors were found in the proposed Ten Year Capital Plan. There was also a question raised regarding the plan to reimburse the golf course in future years due to losses resulting from excessive storm water. I have attached a revised Ten Year Plan correcting the previously noted errors. I have also confirmed that the recommended plan does include a provision for prospective reimbursements due to lost sales caused by flooding. After discussin the rovision for lost sale reimbursements due to floodin with staff, it is g P g my recommendation to amend the proposed plan by eliminating this provision for the following reasons: The estimated revenue is expected to be minor and unnecessary for the plan to be successful The estimated revenue loss is infrequent, unpredictable and less than exact None of these revenues were included in the original pro forma forecasts considered by the Commissions Action Requested: Approve or modify the proposed financing plan for the Centerbrook Golf Course. C: Jim Glasoe Ebhc carpet COLJNCIL.MEM �-r v�-�,2�;. Capital Improvement Plan I 1::r .2�6 ;.200�., ru<zoos a 2oos_: �o�o t .,��aa�_;,.1'= 2�3a��; r„n�zc�l� .,,=;2o�a z�� .s,1. ��A��: i i x cru�ie�r+�e f.__ w..�_ i i i I i i Roof Replacement f I I I I I I I I I Refigerator I $1,5001 1 I 1 I I I I Freezer N $Z,pppy 1 Carpet Repiacement I I I I 1 I I I $7,0001 1 Hot Water Heater I I I i I $1,0001 I I 1 Tables 8 Chairs I I I I 1 I I I I $5,000� Ice Cube Maker I I I $3,0001 1 I 1 I i Paint interior I I I I 1 I 1 $1,0001 I 1 Air Conditioner I I I I I I $2,0001 1 I Fumace I 1 I 1 I I 53.0001 I t I, Management SoftwareJHardware I I i I I I $5.0001 1 I Cash Registers 1 1 1 I I I $1,5001 I I Copier I I I I $1.0001 I I I i I Office fumishings I I 1 I 1 I f Pro shop fumishings I I I 1 I I $3,0001 I I Bathrooms Remodel I I I$12,0001 I I I f I 1 Surveillance Cameras I I I I 1 $3,0001 t I i Window Replacement 1 i 1 I 1 $8,0001 i I I i Dnor Replacement I I I 1 I I $2.0001 1 I I 1 I I I 1 I� I I I� I I t I i l 1 I I t I I I 1 I I x,� v l�Iieri� r_ i I I I I I 1 I I i Picnic Shelter I i 4 $12.500R I I Ftagpole I I I I i i $2.0001 1 I I I I I i I I I I I f I 1 1 I 1 1 I 1 I I I I I I I I I I I ��r +�►ovnds I I I I I i I Erosion I Storm I Water Utilitv I I 1 1 I on controls 1 I$28,0001 I I I I 1 1 1 I 'on HeadsiGate Valves 1 1 $28,0001 I I 1 I I Ove�lay/Repave Paft►s i I I I I 1 I I$10,0001 Wood Bridges f I 1 I l I $5,0001 Garage Doots Replace t I I I I I 55,0001 I I Benches i I I I I I 52.0001 I 1 Signs I I I I I $3,0001 1 I I Parking lot lights I I I I 1 I 1 $7.0001 I Pull Carts I I I I $1,0001 I I I 1 I 1 1 I I I I 1 I I I I I 1 I I 1 I I I I 1 I I I I I I I Lguf .p►tien�� 4 I I f 1 I I 1 I I Aerator I I I i I 1 I I I 1 I Pond Fountains I I 1 I I I I 1 A Golf Carts I I I I i I I I I Fertilizer Spreader 1 I I 54,5001 I I I I I I Top Dresser I t 1 I$11,000� 1 I I 1 1 Utiliry Gart I I I I I $4,4001 I I I I Golf Carts I I t I 1 I I I$10,0001 $10,000 Sprayer 1 I I I$11,000� 1 t I I I I, I I I t i I I I I I I I 1 I I I I I I i f i I I I Yearly Totals $0 �$29,500 1�28,000 I$18,500 I$27,000 I$24,900 I$16,000 I$15,500 �$21,000 I$25,000 �$10,000 Mnual Capital Altocation $17,500 $17,500 $17,500 $17,500 $17,500 $17,500 $1�,500 $17,500 $17,500 $17,500 $17,500 Storrnwater Contribution to Reserve $49,000 Capital Reserve Balance $49,000 $37,000 $26,b00 $25,500 $16,000 $8,600 $10,100 $12,100 $8,600 $1,100 $8,600 City of Brooklyn Center Centerbrook Cash Fiows 8� Debt Payments 2007 through 2016 YEAR 2007 2008 2009 2010 2011 2072 2013 2014 2015 2016 Notes: I Beginning Cash Balance 118,728 69,500 59,650 59,313 50,489 43,779 45,983 48,700 45,932 39,179 Annual Operating Cash 35,000 36,050 37,132 38,245 39,393 40,575 41,792 43,046 44,337 45,667 increases by 3% per year Interest Inwme 5,343 3,128 2,684 2,669 2,272 1,970 2,069 2,192 2,067 1,763 beginning cash eaming 4 7/2 retum CapitalExpenses (29,500) (28,000) (16,5001 (27.0001 (24,900) (16,000) (15.5001 (21.0001 (25.0001 (10.000) from schedule Annual Cash Produced 10,843 11,778 21,316 13,915 16,765 26,545 28,367 24,237 21,404 37,430 Ending Cash Available 129,571 80,676 80,966 73,228 67,254 70,324 74,344 72,937 67,336 76,609 Beginning Balance plus Annual Cash Produced Reserve Requirement 69,500 59,650 59,373 50,489 43,779 45,983 48,700 45,932 39,179 47,441 calculated below Debt Payment 60,071 21,028 21,653 22,738 23,475 24,341 25,643 27,005 28,157 29,169 ending cash available less reserve requirement Debt Balance Owed EOY 739,929 718.902 697.249 674,511 651,036 626,695 607.051 574,046 545,889 516,720 amount owed at the end of each year to CIF i i Calculation of Reserve Reouirement: Capital Reserve Balance 37,000 26,500 25,500 16,000 8,600 10,100 12,100 8,600 1,100 8,600 Beginning CR Balance+ 17,500 peryear-capital expenses Operating Reserve Requirement 32,500 33,150 33,813 34,489 35.779 35,683 36,600 37,332 38,079 38,841 increases 2% per year 69,500 59,650 59,373 5U,489 43,779 45,983 48,700 45,932 38.779 47.441 i centerbrookprojectionsxls City of Brooklyn Center A Millennium Community MEMORANDUM TO: City Council FROM: Cu y, Interim City Manager DATE: June 21, 2006 SUBJECT: Financing Plan for Centerbrook Golf Course Action Requested: This item has been placed on the work session agenda so that staff can respond to any questions the Council may have regarding the recommended fmancing plan far the Centerbrook Golf Course. This item was previously reviewed at a joint meeting March 6, 2006, of the City Council and Financial Commission. The consensus direction from the meeting was for staff to prepaxe a specific capital plan and a loan replacement program that the Financial Commission and Park and Recreation Commission could review and consider. Staff prepared a proposal in response to this direction. The proposal was reviewed by both the Park and Recreation Commission and the Financial Commission. Each of these commissions unanimously recommended Council approval of the proposal. The proposed course of action includes the following and is further described in the attached material: A$49,000 contribution from the Storm Sewer Fund to the Golf Course Fund establishing a Capital Reserve An annual operating revenue reserve of $50,000 for capital purchases, cash flow requirements and contingency. A revised loan repayment policy based on a formula that assumes loan repayments will be made from free cash flow after covering annual capital reserves and capital expenditures. C: Jim Gla.soe G:�Asst Ci M \COITNCIL.MEM.FRM.062601.doc tY g' 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number Brookl n Center MN 55430-2199 763 569-3400 y City Hall TDD Number (763) 569-3300 FAX (763) 569-3434 FAX (763) 569-3494 www.cityo fbrooklyncenter.org City of Brooklyn Center A Millennium Community MEMORANDUM DATE: June 21, 2006 TO: Curt Boganey, Interim City Manager FROM: Jim Glasoe, Director of Community Activities, Recreation and Services SUBJECT: Recommendation- Centerbrook Finances At the joint meeting of the City Council and Financial Commission on March 6, 2006 regarding Centerbrook golf course, there was significant agreement on keeping the golf course as a recreational amenity for the community, but less agreement on how to address the long term debt. After considerable discussion, it was decided that staff would develop a capital plan for the golf course along with a recommendation regarding the debt. These items would be brought back to the Park Recreation Commission and the Financial Commission for consideration and a recommendation. Also of note at the meeting, was the discussion of the golf course and its relationship to the Storm Sewer Utility Fund as a regional storm water detention facility. It was reported that the golf course had lost approximately $49,000 in net revenues in 1998, as the golf course was not opened until July 1 St of that year to accommodate completion of the stonn water pond construction. Additionally, the Council and Commissioners discussed the fact that the golf course is routinely closed, for varying periods of time, as a result of flooding related to storm water. Attached, please find a copy of the proposed Capital Plan for Centerbrook. It is a ten year plan that schedules yearly capital projects and expenditures according to need. Similar to the larger Capital Improvements Plan for the city, this plan would be reevaluated each year, and presented along with the golf course budget. The Capital Fund is established with an initial contribution of $49,000 from the Storm Sewer Utility Fund, and an annual contribution of $17,500 from operating revenues. You will note that the capital reserve maintains a positive balance throughout the duration of the plan. �6301 Shingle Creek Parkw�y Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430-2199 (763) 569-3400 City Hall TDD Number (763) 569-3300 FAX (763) 569-3434 FAX (763) 569-3494 w w w. cityo fb rooklyncenter. org of ca ita.l ro'ects and urchases the staff recommendation also dition to the fundin In ad p g P P J includes a reserve for early season expenditures. During the first quarter of each year, the golf siness. The annual net revenues he course o ens for bu ces limited revenues until t course produ p arch are icall 25 000 Staff recommends that sufficient cash reserves throu h the end of M g t3'P Y be held in reserve annually to accommodate for this deficit. As a result, staff recommends that a revised loan repayment policy be adopted that calls for loan payments according to a set formula, rather than a predetermined schedule. Sta.ff proposes that the formula direct any year-end cash reserves in excess of $50,000, plus any Capital Reserve balance, be directed to the Capital Improvements Fund. Again, this reserve would accommodate funding of capital projects and early season expenditures. Staff further recommends that revenues lost as a result of golf course closures related to storm water be reimbursed by the Storm Sewer Utility Fund. This reimbursement would be for actual league rounds cancelled, and an average of daily non-league rounds played during the same period over the past three years. Lastly, staff recommends that all principal payments made continue to be tracked, until such time the original loan is repaid. At their May 16 meeting, the Park and Recreation Commission met to consider this issue. After some deliberation, they passed a unanimous motion affirming the staff recommendations and recommending the same to the City Council. Similarly, the Financial Commission unanimously passed a similar motion at their June 5 meeting. Please let me know if you have any questions regarding the recomrnendations or would like additional information. I I i Proposed Centerbrook Funding Formula: •$17,500 Annual Capital Set Aside +$25,000 Annual Early Year Expenditures Retainage +$7,500 Margin =$50,000 Annual Reserve. •$50,000 Annual Reserve Any Capital Retainage (per the Capital Plan) Yearly Cash Reserve. Any remaining funds would be directed to the Capital Improvements Fund. Contributions would continue to be tracked until original loan balance is paid in full. Golf course fund would be reimbursed for revenues lost as a result of golf course closures related to storm water. This reimbursement would be for actual league rounds cancelled, and an average of daily non- league rounds played during the same period over the past three years. MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA JOINT WORK SESSION WITH FINANCIAL COMMISSION MARCH 6, 2006 CIT� HALL COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Work Session with the Financial Commission at City Hall and was called to order by Mayor Kragness 6:34 p.m. ROLL CALL Mayor Kragness, and Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Mary O'Connor. Also present: City Manager Michael McCauley, Assistant City ManagerlDirector of Operations Curt Boganey, CARS Director Jim Glasoe, and Director of Fiscal and Support Services Daniel Jordet. Financial Commission Members present were Commissioners Robert Anderson, Susan Shogren Smith, and Mark Nemec. Commission Chair ponn Escher and Commissioner Robert Paulson were absent and excused. DISCUSSION OF GOLF COURSE City Manager Michael McCauley presented a PowerPoint presentation, starting with the introduction that explained that the golf course that was constructed in the late 1980s, was funded by a$1.1 million loan, and set up as an enterprise. He stated the golf course was set up as an enterprise in order to re-pay the construction loan and generate its own operating funds and capital. He explained that the golf course is the only recreation amenity that is an enterprise. He continued the presentation that included the following topics: Performance Park and Recreation Commission Review Centerbrook Golf Course Days Lost to Weather Net Operating Revenues Area Par 3 Course Centerbrook Golf Course League Rounds Cancelled CARS Director Jim Glasoe discussed the financial impact of rounds canceled due to weather. He stated league rounds are the bread and butter of the operation and are detrimental if canceled. Councilmember Lasman asked if the canceled rounds are made up. Mr. Glasoe explained that some rounds are still lost, however Staff has been trying to create a formula or incentives to recapture the revenue from those rounds. Staff, Councilmembers, and the Financial Commission discussed financial effects of weather. 3/6/06 -1- Conditions of site Parcel Map Centerbrook Golf Course Site Map Staff, Councilmembers, and the Financial Commission discussed storm water and water retention including the 100 and 500 year flood plan on the golf course. Mr. McCauley stated this is not land �hat is usable for anything other than open space, flood water retention, or a golf course. Uncaptured Benefits Mr. McCauley stated the regional storm water ponding site is located on this facility and there was no payment to the course when the course was flooded by storm water detention nor was there payment when operating days were lost during storm water pond construction, estimated value of $49,000. He explained that the access to the water tower and maintenance of grounds are maintained under the golf course enterprise fund. Options Option l. Status Quo Option 2 Discontinue Option 3 Privatization Option 4 Treat as Principal Only Option 5 Establish Targets Staff, Councilmembers, and the Financial Commission discussed options for the golf course. Recommendations Mr. McCauley requested direction from the City Council and Financial Commission on the future of the Golf Course. Staff, Councilmembers, and the Financial Commission discussed the effects on property taxes both in the past and in the future. Councilmember Niesen inquired about the listed expenditures for this time of year. Mr. Glasoe explained that the current expenditures are primarily staffing and utilities. Mayor Kragness stated she would like to see the golf course remain and added that many local golf courses are experiencing the same problems. Mr. Glasoe explained that the golf course is profitable enough that it is not a burden on the taxpayers. Councilmember O'Connor stated the pressure should remain on the golf course to pay the loan and decrease expenditures. Director of Fiscal and Support Services Daniel Jordet distributed a financial statement of the golf course and discussed funding depreciation that is included in the list of expenditures. 3/6/06 -2- I Councilmember Lasman stated commercial use is not a viable use because of the soil. She stated park land would not contribute revenue and would amount to considerable maintenance costs. She stated if the golf course is contributing enough to cover operations and could possibly contribute to the capital improvement fund, the City should retain the golf course. She stated the golf course is an amenity to the City because it accommodates youth, seniors, and families. Mr. McCauley stated he would prepare a golf course specific capital plan for the loan replacement ideas, and have the Financial and Parks and Recreation Commission review proposals for a subsequent work session. ADJOURNMENT Councilmember Lasman moved and Councilmember Carmody seconded adjoumment of the City Council meeting at 8:25 p.m. Motion passed unanimously. City Clerk Mayor 3/6/06 -3- �-=.�Z- Capital lmprovement Plan 1: z��s... ._:;200� J 2ooa: i 2oos.- 11; :<20�0 .;,;2fl�3�.�. 2oa2�:1 20�� ::�o�a .f:: 20�5. xois;_�:: 1 1 1 I I I I I I v,� �GIubJ►DUSe�,,,�_`� ✓a I I I I i I I I I oof Repfacemern G I 1 I 1 1 I I I i I Refrigerator I $1.5001 1 I 1 I I I I I Freezer I I $2,OOOl i I I I I I Carpet ReplacemeM I I 1 I I 1 $7,0001 I Hot Water Heater I I I I $1.000� 1 I I Tabies 8� Chairs I I I 1 I I t S5.00OI, Ice Cube Maker I I I 1 $3,000� I 1 l I wndowrre�tmer►ts i$z.000l Paint irrterior I t I I I I I �1.0001 I I Air Conditioner 1 I 1 1 52,0001 I 1 i, Fumace I I 1 1 $3.0001 I I I Management Soflware/Hardware I I I 1 1 I $5.0001 I I casn �iseers l t 1 1 I I s�,sooi 1 Copier I I 1 $1.000) 1 I I Office fumishings I I I I 1 I i I 1 1 Pro shop fumishings I 1 I 1 1 $3,0001 I I Bathrooms Remode! I i 512.0001 I Surveillance Cameras 1� 1 1 I $3,0001 I Window Replacsment I I I I $8.0001 I i I I Door Replacement 1 I I f I I I I 52.000) t I 1 I I I I I I I I I 1 I 1 1 I 1� I 1 I I 1 1 1 I, 1 i x �11ew Y 1 I i i I I 1 1 I i Y ;y� .._.W� ..�s��. tS.._,._r Picnic Shelter I I I I $15.00Ol 4 I I I Flagpote I 1 I 1 $2.0001 I I I I 1 I 1 1 I I I I I� 1 I 1 1 1 I, 1 r 1 I I 1 I i I I I >�.�r GrCiiin� �,s�,,� 1 1 I I I 1 I I I I d Erosion I Storm 1 Water I Utilitv I 1 I I I i tion�controls 1�28,0001 I 1 I I 1 I I ation Heads/Gate VaNes I 1 $28.000� I I i I I I Oveday/Repave Paths I I I 1 I I I I ,$10,000 Wood Bridges I I I I I I I I 55.4001 I Garage Doors Repiace I I I I I I $5,0001 1 1 Parlcing Lof Overlay I 1 1 1 1 I I I �$i5,000 Benches I I I $2,0001 I I I Signs I 1 S3AU01 I I Parking lot tights I 1 1 1 I 1 1 512,0001 t Pull Carts 1 I $1.0001 I i I I I 1 I 1 I I I 1 I I I 1 I 1 I I I I 1 I I I I I i, I t� 5_�',.,:_ E�NjA�f��_� s .,y I I I 1 1 I I I I I Aerator I I 1 i i 1 I I I Pond FouMains I t I I I I I I Goif Carts I I 1 I I I 1 1 I I Fertlfizer Spreader I i I $4.5001 I I I, 1 I Top Dresser I i I$11.0001 1 1 I I I UGtity Cart I I I $4,4001 I 1 1 I Golf Carts I I I I 510.0001 $10,0001 $5,0001 spr�yer I 1 1 �$t�.000l I' f i i i i i i i i i 1 i i i f i i i i i i i i i Yeariy Totals $0 I$29,500 I$28,000 �$18,500 �$16,000 I$23,000 I$16,000 I$15,500 I$26,000 �$17,000 I$15,000 Annual Capital Allocation $17,500 $17,500 $17,500 �17,500 $17,500 $17,500 $17,500 517,500 $17,500 $17,500 $17,500 Stormwater Contribution to Reserve $49,000 Capitai Reserve Baiance $49,000 $37,000 $26,500 $25,500 $27,000 $21,500 $23,000 $25,000 $18,500 $17,000 $19,500 City of Brooklyn Center Centerbrook Cash Flows Debt Payments 2007 through 2016 YEAR 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 Notes: Beginning Cash Balance 118,728 69,500 59,650 59,313 61,489 56,679 58,883 61,600 53,832 55,079 AnnualOperating Cash 35,000 36,050 37,132 38,245 39,393 40,575 41,792 43,046 44,337 45,667 increases by 3% peryear Interest Income 5,343 3,128 2,684 2,669 2,767 2,551 2,650 2,772 2,422 2,479 beginning cash earning 4 1!2 return Capital Expenses (29.500) (28,000) (16.500) (16.000) (23,000) (16,000) (15.500) (26,000) (17,000) ('15,000) from schedule AnnualCash Produced 10,843 11,178 21,316 24,915 19,160 27,125 28,942 19,818 29,759 33,146 Ending Cash Available 129,571 80,678 80,966 84,228 80,649 B3,804 87,824 61,418 83,592 88,225 Beginning Balance plus Annual Cash Produced Reserve Requiremenl 69,500 59,650 59,313 61,489 56,679 58,883 61,600 53,832 55,079 58,341 calculated below Debt Payment 60,071 21,028 21,653 22,738 23,970 24,922 26,224 27,586 26,513 29,884 ending cash available less reserve requirement Debt Balance Owed EOY 739,929 718,902 697,249 674,511 650,541 625,619 599,395 571.810 543,297 513,413_ amount owed at tne end of each year to CIF Catculation of Reserve Reouirement• Capital Reserve Balance 37,000 26,500 25,500 27,000 21,500 23,000 25,000 16,500 17,000 79,500 Beginning CR Balance 17,500 per year capital expenses Operating Reserve Requirement 32.500 33.150 33,813 34,489 35,179 35,883 36,600 37,332 38.079 38.841 increases 2% per year 69,500 59,650 59,313 61,489 56,679 58,883 61,600 53,832 55,079 58,341 I I City of Brooklyn Center A Millennium Community MEMORANDUM TO: City Council FROM: Curt Boganey, Manager DATE: July 7, 2006 SUBJECT: Random Acts of Kindness Program I previously notified the City Council that we were considering placing a notice in the upcoming City Watch newsletter regarding the Random Acts of Kindness program. I indicated that we would proceed unless we were notified by a Council Member that there was an interest in further Council discussion regarding the program. I've been notified by one Council Member that she has an interest in not proceeding without further Council dialogue. This item is placed on the agenda for the Council to provide staff with direction. 301 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.cityofbrooklyncenter.org