HomeMy WebLinkAbout2004 04-12 CCP Regular Session �GE� DA
CITY COUNCIL STUDY SESSION
�pril 12, 2004
6:00 P.M.
City Council Chambers
1. City Council Discussion of Agenda Items and Questions
2. Miscellaneous
3. Discussion of Work Session Agenda Items as Time Permits
4. Adj ourn
CITY COUNCIL MEETING
City of Brooklyn Center
April 12, 2004 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 axe not on the
agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be
used to make personal attacks, to air personality grievances, to make political endorsements,
or for political campaign purposes. Council Members will not enter into a dialogue with
citizens. Questions from the Council will be for clarification only. Open Forum will not be
used as a time for problem solving or reacting to the comments made but, rather, for hearing
the citizen for informational purposes only.
2. Invocation 7 p.m.
3. Call to Order Regular Business Meeting
-The City Council requests that attendees turn off cell phones and pagers during the
meeting.
4. Roll Call
5. Pledge of Allegiance
6. Council Report
7. Approval of Agenda and Consent Agenda
-The following items are considered to be routine by the City Council and will be enacted
by one motion. There will be no separate discussion of these items unless a Councilmember
so requests, in which event the item will be removed from the consent agenda and
considered at the end of Council Consideration Items.
a. Approval of Minutes
-Councilmembers not present at meetings will be recorded as abstaining from the
vote on the minutes.
1. March 15, 2004 Joint Work Session with Brooklyn Park City Council
2. March 22, 2004 Study Session
3. March 22, 2004 Regular Session
4. March 22, 2004 Work Session
b. Licenses
c. Resolution Establishing Improvement Project No. 2004-14, Contract 2004-H,
Shingle Creek Parkway Street, Storm Drainage, and Utility Improvements
d. Resolution Accepting Bid and Authorizing the Purchase of Additional Fire Hose
CITY COUNCIL AGENDA -2- April 12, 2004
I
e. Approval of Application and Permit for a Temporary On-Sale Liquor License
Submitted by Hennepin County Brookdale Regional Center, 6125 Shingle Creek
Parkway, for an Event to be Held May 6, 2004
7.5 Appearance
-Gunilla Bjorkman-Bobb, Northwest Hennepin Human Services Commission
8. Public Hearings
a. An Ordinance Amending Section 19-403 of the City Ordinances of the City of
Brooklyn Center Regarding the Sale and Use of Fireworks
-This item was a roved f r fir t read on March 8 2004• ublished in the official
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newspaper on March 18, 2004; and is offered this evening for second reading and
public hearing.
•Requested Council Action:
-Motion to open Public Hearing.
-Take public input.
-Motion to close Public Hearing.
-Motion to adopt ordinance.
b. 73 Avenue North Pro'ect Im rovements
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1. Resolution Orderin Im rovements and Authorizin Develo ment of Plans
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and Specifications for Improvement Project No. 2004-06, Contract 2004-C,
73` Avenue North Street, Storm Drainage, and Utility Improvements
•Requested Council Action:
-Motion to open Public Hearing.
-Take public input.
-Motion to close Public Hearing.
-Motion to adopt resolution.
2. Resolution Certifying Special Assessments for Improvement Project No.
2004-06, Contract 2004-C, 73 Avenue North Street and Storm Drainage
Improvements to the Hennepin County Tax Rolls
•Requested Council Action:
-Motion to open Public Hearing.
-Take public input.
-Motion to close Public Hearing.
-Motion to adopt resolution.
CITY COUNCIL AGENDA -3- Apri112, 2004
9. Planning Commission Item
a. Planning Commission Application No. 2004-006 Submitted by Steve Lewis (Hertz).
Request for a Special Use Permit to Operate an Automobile Rental and Leasing
Operation With Out of Door Storage of Vehicles at 6201 Brooklyn Boulevard. The
Plannin Commission recommended a roval of this a lication at its March 25,
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2004, meeting.
•Requested Council Action:
-Motion to approve Planning Commission Application No. 2004-006
subject to the conditions recommended by the Planning Commission.
10. Council Consideration Items
a. Mayor's Proclainations Recognizing Eagle Scout Troop Members Daniel Burns and
Zachary Rawson
•Requested Council Action:
-None.
b. Resolution Expressing Appreciation to the Brooklyn Center Rotary for Their
Donation of $6,000 for the Police Department's Purchase of Defibrillators
•Requested Council Action:
Motion to ado t resolution.
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c. Proclamation Declaring April 17, 2004, as "Do." Day
•Requested Council Action:
Motion to ado t roclamation.
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d. Proclamation Declaring Apri122, 2004, Earth Day in Brooklyn Center
•Requested Council Action:
-Motion to adopt proclamation.
e. Locomotive Horn Plan
•Requested Council Action:
-Motion to approve plan.
f. Resolution Relating to Northwest Hennepin Human Services Council; Authorizing
the Execution and Delivery of an Amended Joint and Cooperative Agreement
•Requested Council Action:
-Motion to adopt resolution.
11. Adjournment
City Council Agenda Item No. 7a
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
CIT� COUNCIL JOINT WORK SESSION WITH BROOKLYN PARK CITY COUNCIL
MARCH 15, 2004
BROOKLYN PARK CITY HALL COUNCIL CHAMBERS
CALL TO ORDER Mayor Lampi and Mayor Kragness
PRESENT: Mayor Steve Lampi; Council Members Mason Schmitz, Scott Draeger, Jeanette Meyer,
Rand Haglund, Peter Schnellman (arrived at 6:43 p.m.), and Scott Simmons; City Manager poug
Reeder; City Attorney Jim Thomson; City Engineer poran Cote; and Deputy Clerk Devin Montero.
ABSENT: None.
BROOKLYN CENTER PRESENT: Mayor Myrna Kragness; Council Members Bob Peppe, Kay
Lasman, Diane Niesen, Kathleen Carmody; and City Manager Michael McCauley.
B2 Deer Population Management
City Manager McCauley updated Council on the Brooklyn Center task force and provided details of
the deer hunt held last year.
Discussion was held on the are,a to control the deer population in the Palmer vake basin and an
updated aerial survey of the area. Mayor Kragness suggested that Brooklyn Park join in the
management of deer in the area. She stated that a bow club would conduct the hunt and only costs
incurred would be for the police and securing the area for the hunt. City Manager McCauley also
stated that the aerial survey was conducted by a private firm at a�ost under $2000.
Council Member Haglund stated that more awareness is needed and the ordinances should be
enforced or changed to stop the feeding of the deer.
Discussion was held on the task force that was set up by Brooklyn Center and the development of a
management plan that would be provided to Brooklyn Park.
B1 Brooklyn Park Watershed Improvements
City Engineer poran Cote gave a presentation to the Councils on improvements to Shingle Creek
and provided issues with the improvements: public access; permits/permit requirements; SCWMO
currently studying problems and possible solutions; and Council's direction to follow the study.
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Discussion was held on dredging in the Palmer Lake area funded by the Department of Natural
Resources.
Council Member Haglund stated he contacted Representative Mike Nelson and said he would
introduce a bill in the House for funding for the Shingle Creek; Senator Linda Scheid also introduced
a bill to the Senate for funding to the Watershed. Discussion was held on the success of the bills.
Mayor Lampi stated that the City will do emergency repairs of the Shingle Creek and will wait on the
aatcome of the Watershed study and recommendations.
B3 73� Avenue North Joint Street Improvement Project
City Engineer poran Cote gave a presentation of the Brooklyn Park Reconstruction program. He
stated that it began in 1993 and involved 44 homes; was '/2 mile of street reconstruction with tree
removal, removed existing streets; public and private utility repairs; installed storm sewers; sewer
mainline was televised. Other issues were: poor soils, driveway grades, trees at edge of roadway;
storm sewer improvements; and access issues. Discussion was held on the assessment policies of
both cities.
B4 Heritage Festival
Discussion was held on bringing back the Heritage Festival and to include other communities such as
Crystal and Golden Valley to make it a larger event. Funding is the big issue in supporting the
Heritage Festival. Brooklyn Center is still part of the Northwest Hennepin Humans Services Council.
Council Member Lasman stated that she is the liaison to the NW Human Rights Coalition and they
kept the Human Rights poster contest that was part of the Heritage Festival and will award winners
in two weeks with the posters being posted in the chambers.
BS Review of Joint Efforts
Discussions were held on the following joint efforts between the cities: Community Development;
Fire; Recreation; Hennepin Recycling Group; Northwest Cable; Watersheds; Public Works;. and
Police.
Items also addressed were swimming lessons; hockey and ensuring kids from Brooklyn Center were
allowed to be anvolved in the Brooklyn Park baseball programs.
Council Member Lasman stated that at the Washington DC conference discussions were held on
continuing funding of T21 transportation funding. She said that a resolution to State level to continue
funding on T.H. 610 would be appropriate and would like a joint resolution to encourage legislators
to fund completion of T.H.610.
03/15/04 -2- DRAFT S
Council Member Haglund stated that he was also at the discussions on T.H.610 and he talked to
Congressman Oberstar and viewed resolutions that were submitted by Itasca County in support of
increased funding efforts on T21. Congressman Oberstar is taking the lead on transportation issues of
T21. Council Member Haglund stated that a blanket resolution in support of T21 is needed and the
League of Minnesota Cities is working on that resolution. City Manager Reeder stated that he will
provide the resolution to $rooklyn Center.
Council Member Simmons stated that Senator Mark Dayton was coming out on Wednesday, Nlarch
17, 2004 to view T.H. 610. Discussions were held on the details of the trip and invited Brooklyn
Center to attend.
Mayor Kragness commented on immigrants coming to the Brooklyn Center and Brooklyn Park and
the changes in the schools. She also stated that Mr. Wilfred Harris had offered to do a class called,
America 1 O l, to teach immigrants on our laws and what the cities require. She suggested on helping
him find a meeting place for this class and that each city could rotate meeting sites.
Council Member Haglund stated that he is giving a report to the Council tonight on his trip to the
National League of Cities in Washington DC and his involvement on crime prevention and invited
the Brooklyn Center Council stay for his report.
Council Member Lasman stated tHere was an article in the League of Minnesota Cities bulletin on a
drugs bill that would restrict the purchasing power of precursor drugs for methamphetamines. These
precursor drugs, like sinus medicine, are linked to the methamphetamine labs. Some cities have
created ordinances to restrict the ability to buy the precursar drugs to block the creation of
methamphetamine labs.
Discussion was held on creating ardinances and codes for restricting the purchase of the precursor
drugs.
At 7:50 p.m. Mayor Lampi and Mayor Kragness adjourned the Joint Meeting.
City Clerk Mayor
03/15/04 -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
MARCH 22, 2004
CITY HALL COUNCIL CHAMBERS
CALL TO ORDER STUDY SESSION
The Brooklyn Center City Counci� met in Study Session and was called to order by Mayor Myrna
Kragness at 6:06 p.m.
ROLL CALL
Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, and Diane Niesen.
Councilmember Bob Peppe was absent and excused. Also present were City Manager Michael
McCauley, Assistant City Manager/Director of Operations Curt Boganey, Public Works
Director/City Engineer Todd Blomstrom, and Deputy City Clerk Maria Rosenbaum.
CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS
Council discussed City Council Agenda Items 9f, Resolution Selecting the No Waiver Option for
City Statutory Tort Liability; 9g, Three-Meter Diving Board at Community Center; 9h, An Ordinance
Amending Section 4-202- of the City Ordinances of the City of Brooklyn Center Regarding a
Sprinkling Ban.
Councilmember Niesen questioned if the sprinkling ban ordinance includes commercial properties
and the enforcement fines. City Manager Michael McCauley informed that he believes the ordinance
is for commercial and residential properties and that the ability to use administrative.fines is pending
until the Charter Commission makes a recommendation regarding Administrative Fines.
Councilmember Lasman questioned the current and proposed enforcement regarding sprinkling bans.
Mr. McCauley discussed that the proposed ordinance language was written to form a more solid
foundation for the current enforcement process and clearly provides the authority required.
Councilmember Carmody informed that she would be sending a copy of the Resolution Directing
Staff to Prepare a Boulevard Tree Replacement Plan for the 2004 Construction Project to Include
Coniferous Trees to the resident that suggested the idea at the March 8, 2004, City Council meet�ng.
DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS
There was no discussion regarding any of the Work Session items.
03/22/04
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MISCELLANEO S
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Council discussed the legal issue of the one property along the Riverbank Stabilization;
Proclamations; Brookdale's parking requirements and potholes; the Eagle Scouts Mayor's
Proclamations for Zachary Rawson and Daniel Burns; and the City's utility •bills.
Councilmember Niesen informed that she would like to have further discussion regarding
Proclamations.
Mayor Kragness asked that Brookdale be contacted regarding the potholes.
Councilmember Lasman asked that the Mayor's Proclamations for Zachary Rawson and Daniel
Burns be read at the April 12, 2004, Council meeting.
ADJOURNMENT
A motion by Councilmember Carmody, seconded by Councilmember Lasman to adjourn the Study
Session at 6:40 p.m. Motion passed unanimously.
City Clerk Mayor
43/22/04 -2- DRAFT
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER 1N THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
REGULAR SESSION
MARCH 22, 2004
CITY HALL COUNCIL CHAMBERS
1. INFORMAL OPEN FORUM WITH CITY COUNCIL
CALL TO ORDER 1NFORMAL OPEN FORUM
The Brooklyn Center City Council met in Informal Open Forum at 6:45 p.m.
ROLL CALL
Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, and Diane Niesen.
Councilmember Bob Peppe was absent and excused. Also present were City Manager Michael
McCauley, Assistant City Manager/Director of Operations Curt Boganey, Public Works
Director/City Engineer Todd Blomstrom, City Attorney Charlie LeFevere, and Deputy City Clerk
Maria Rosenbaum.
Bud Murphy, 5607 Lyndale Avenue North, addressed the Council to express concern about the
potholes at 57�' Avenue North and Logan Avenue shopping mall. Mayor Kragness asked that staff
look at this location.
Mary O'Connor, 5429 Lyndale Avenue North, addressed the Council to discuss a recent letter that
she received regarding the purchasing of land along Lyndale Avenue North and to ask the Council
what they knew and if the City Council would ever force residents to sell their properties. City
Manager Michael McCauley stated that the City had been contacted last summer by a group
considering a proj ect in that area. That group had apparently discontinued its intent. Recently, Ron
Clark representatives had discussed a potential residential development project with the Community
Development Director. The City does not have any anangements with a developer for a project in
the Lyndale area. The developers have discussed voluntary acquisitions of the properties in that area.
If a developer were to voluntarily acquire most of the property needed for a project, the City might
consider the use of eminent domain. Since there is no project, from the City's vantage point, it is
speculative whether the Council would or would not be receptive to considering the use of eminent
domain if most of the property owners were willing to voluntarily sell and a few were not. Ms.
O'Connor asked if eminent domain is used for parks only. Mr. McCauley responded that eminent
domain could be used for r�development proj ects. Ms. O' Connar asked what could property owners
do to keep their property if this were to move forward. Councilmember Carmody stated just say no.
03/22/04
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Dawn Sommers, 5315 Lyndale Avenue North, addressed the Council to express concern about the
developer contacting residents regarding the purchase of her property. Mayor Kragness informed
Ms. Sommers that the Council had not been involved in the letter that residents had received from a
private developer.
Greg Ehmke, 5421 Lyndale Avenue North, addressed the Council to ask how the property values
would be assessed. Mayor Kragness discussed at this time this issue is premature and Mr. McCauley
informed that the City is not talking eminent domain at this time, but outlined the valuation
procedures and protections in an eminent domain proceeding.
Dan Remiarz, 6201 June Avenue North, addressed the Council to voice his opinion regarding the
City Manager's salary and to request a copy of the minutes regarding this discussion.
2. INVOCATION
No invocation was offered.
3. CALL TO ORDER REGULAR BUSINESS MEETING
The Brooklyn Center City Council met in Regular Session and was called to order by 1Vlayor Myrna
Kragness at 7:01 p.m.
4. ROLL CALL
Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, and Diane Niesen.
Councilmember Bob Peppe was absent and excused. Also present were City Manager Michael
McCauley, Assistant City Manager/Director of Operations Curt Boganey, City Attorney Charlie
LeFevere, and Deputy City Clerk Maria Rosenbaum.
5. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
6. COUNCIL REPORT
Councilmember Carmody reported that she attended the Earle Brown Days Committee meeting and
Crime Prevention meeting, Sh� informed that the Police Awards Ceremony would be held on April
21, 2004 in Constitution Hall at 7:00 p.m.
Councilmember Lasman reported that she attended the Northwest Regional Human Rights
Committee meeting on March 3, 2004, the National League of Minnesota Cities Congressional
Conference in Washington D.C. March 4 through 9, 2004; the Joint Work Session with the Brooklyn
Park City Council on March 15, 2004; and the Northwest Regional Human Rights Committee Poster
Ceremony.
03/22/04 -2- DRAFT
She reviewed some of the topics heard at the Congressional Conference and informed that the
posters from t1�e Northwest Hennepin Regional Rights Committee poster event will be displayed in
the Brooklyn Center Council Chambers April 12 through 19, 2004.
Councilmember Niesen reported that the Housing Commission toured The Crossings in Brooklyn
Center.
Mayor Kragness reported that she attended the Association for Rental Management (ARM) meeting
and discussed that communication between the different languages is the biggest problem.
7. APPROVAL OF AGENDA AND CONSENT AGENDA
There was a motion by Councilmember Lasman, seconded by Councilmember Carmody to approve
the agenda and consent agenda. Motion passed unanimously.
7a. APPROVAL OF MINUTES
A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve the March
1, 2004, Work Session, and the March 8, 2004, study and regular session minutes. Councilmember
Lasman abstained. Motion passed.
7b. LICENSES
A motion b Councilmember Lasman e
Y s conded by Councilmember Carmody to approve the
following list of licenses. Motion passed unanimously.
SIGNHANGER
Crosstown Sign 16307 Aberdeen Street NE, Ham Lake
Install This Awning Sign 5345 4� Street North, Brooklyn Center
Lawrence Sign 945 Pierce Butler Route, St. Paul
Leroy Signs, Inc. 6325 Welcome Avenue North, Brooklyn Park
Signart Company 2170 Dodd Road, Mendota Heights
Signcrafter's 7775 Main Street, Fridley
Spectrum Sign Systems, Inc. 5680 Flint Trail, Wyoming
Topline Advertising 11775 Justen Circle, Maple Grove
MECHANICAL
AirCorps, LLC 13821 Industrial Park Boulevard, Plymouth
Air Mechanical, Inc. 16411 Aberdeen Street NE, Ham Lake
Alliant Mechanical, Inc. 3650 Kennebec Drive, Eagan
Associate Mechanical 1257 Marshall Road, Shakopee
Assured Heating A/C Refrig. 334 Dean Avenue East, Champlin
Auto Garage Door Fireplace 9210 Wyoming Avenue North, Brooklyn Park
Budget Home Services 13755 Buck Lake Boulevard, Big Lake
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Centraire Heating A/C 7402 Washington Avenue South, Eden Prairie S
Gorporate Mechanical 5114 Hillsboro Avenue North, New Hope
Cronstroms Heating A/C 6437 Goodrich Avenue St. Louis Park
Dave's Applicane Heating Air 1601 37`�' Avenue NE, Columbia Heights
Dep�ndable Indoor Quality Inc. 2619 Coon Rapids Blvd, Coon Rapids
D J's Heating Air Conditioning 6060 LaBeaux Avenue NE, Albertville
Excel Air Systems 2075 Prosperity Road, Maplewood
Fore Mechanical 3520 88�' Avenue NE, Blaine
Golden Valley Heating 5182 West Broadway, Crystal
Guyer's Builder's Supply 13405 15`�' Avenue North, Plymouth
Harris Companies 909 Montreal Circle, St. Paul
Heating Cooling Two Inc. 18550 County Road 81, Maple Grove
Hilliard Heating Cooling, Inc. 13790 268�' Avenue, Zimmerman
Jome Energy System 15200 25`" Avenue North, Plymouth
Kleve Heating and Air 13075 Pioneer Trail, Eden Prairie,
Lux Company 521'7 84`�' Avenue North, Brooklyn Park
McDowall Company P.O. Box 1244, St. Cloud
M& D Plumbing Heating Inc. 11050 26h Street NE, St. Michael
Metropolitan Mechanical Contractors 7340 Washington Avenue South, Eden Prairie
Modern Heating A/C 2318 First Street NE, Minneapolis
Northern Heating Air Conditioning 9431 Alpine Drive NW, Ramsey
Quality Refrigeration 6237 Penn Avenue South, Richfield
Ray Welter Heating Co 4637 Chicago Avenue South, Minneapolis
Riccar Heating A/C 2387 Station Parkway NW, Andover
River City Sheet Metal Inc. 9928 Bluebird Street NW, Coon Rapids
Ron's Mechanical 12010 Old Brick Yard Road, Shakopee
Rouse Mechanical 7320 Oxford Street, St. Louis Park
Royalton Heating A/C 4120 85`�' Avenue North, Brooklyn Park
Sedgwick Hearting A/C 8910 Wentworth Avenue South, Minneapolis
Standard Heating A/C 410 W Lake Street, Minneapolis
St. Marie Sheet Metal 7940 Spring Lake Park Road, Spring Lake Park
Thermex Corporation 3529 Raleigh Avenue South, St. Louis Park
Tropic Air Inc. 1302 190�' Avenue NW, Cedar
Wenzel Heating A/C 4131 Old Sibley Memorial Highway; Eagan
Yale Mechanical Inc. 9649 Girard Avenue South, Minneapolis
RENTAL
Renewal:
Basswood Apartments, 4450 58 Avenue North (11 Units) Midwest Management
5200 France Avenue North Christian Knutson
5400-02 Russell Avenue North Bruce Karen Vanderschaaf
InitiaL•
3906 62" Avenue North Pao Thao
6213 Chowen Avenue North Nazneen Khatoon
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5937 Halifax Avenue North Nick Rierson
7c. RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND
AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT
PROJECT NOS. 2004-01, 02, 03, AND 04, NORTHPORT AREA STREET,
STORM DRAINAGE, AND UTILITY IMPROVEMENTS
RESOLUTION NO. 2004-49
Councilmember Lasman introduced the following resolution and moved its adoption:
RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING
ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NOS. 2004-01, 02, 03, AND 04,
NORTHPORT AREA STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Carmody. Motion passed unanimously.
8. PUBLIC HEARINGS
8a. AN ORDINANCE VACATING A PORTION OF UTILITY AND DRAINAGE
EASEMENT WITHIN THE FINAL PLAT FOR TANAMI 2 ADDITION
Cit Mana er Michael McCaule discussed that this ordinance vacation would rem v
Y g y o e an easement
that is no longer needed for public utilities or drainage.
A motion by Councilmember Lasman, seconded by Councilmember Carmody to open the Public
Hearing. Motion passed unanimously.
No one wished to address the CounciL
A motion by Councilmember Lasman, seconded by Councilmember Carmody to close the Public
Hearing. Motion passed unanimously.
ORDINANCE NO. 2�04-OS
Councilmember Lasman introduced the following ordinance and moved its adoption:
AN ORDINANCE VACATING A PORTION OF UTILITY AND DRAINAGE EASEMENT
WITHIN THE FINAL PLAT FOR TANAMI 2� ADDITION
The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember
Niesen. Motion passed unanimously.
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9. COUNCIL CONSIDERATION ITEMS
9a: PROCLAMATION DECLARING APRIL 4-10, 2004, TO BE COMMUNITY
DEVELOPMENT WEEK
Mayor Kragness read the Proclamation Declaring April 4-10, 2004,, to be Community Development
Week.
A motion by Councilmember Lasman, seconded by Councilmember Cannody to adopt Proclamation
Declaring Apri14-10, 2004, to be Community Development Week. Motion passed unanimously.
9b. PROCLAMATION DECLARING APRIL 18 THROUGH APRIL 25, 2004, AS
DAYS OF REMEMBRANCE
Mayor Kragness read the Proclamation Declaring April 18 through April 25, 2004, as Days of
Remembrance.
A motion by Counciimember Carmody, seconded by Councilmember Lasman to adopt Proclarnation
Declaring April 18 through Apri125, 2004, as Days of Remembrance. Motion passed unanimously.
9c. PROCLAMATION DECLARING APRIL 17 24, 2004, TO BE THE GREAT
SHINGLE CREEK WATERSHED CLEANUP WEEK
Mayor Kragness read the Proclamation Declaring Apri117 24, 2004, to be the Great Shingle Creek
Watershed Cleanup Week.
Councilmember Carmody questioned the date for the big cleanup event that takes place during this
week. Mayor Kragness informed that there would be a presentation at the April 12, 2004, City
Council meeting.
A motion by Councilmember Niesen, seconded by Councilmember Lasman to adopt Proclamation
Declaring April 17 24, 2004, to be the Great Shingle Creek Watershed Cleanup Week. Motion
passed unanimously.
9d. MAYORAL APPOINTMENT TO NORTHWEST HENNEPIN HUMAN
SERVICES COUNCIL ADVISORY COMMISSION
Mayor Kragness requested ratification of Audrey Harris-Blount, 3429 53 Avenue North, to the
Northwest Hennepin Human Services Council Advisory Commission with term expiring December
31, 2005.
A motion by Councilmember Lasman, seconded by Councilmember Niesen to ratify Mayoral
nomination of Audrey Harris-Blount with term expiring December 31, 2005. Motion passed
unanimously.
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9e. RESOLUTION DIRECTING STAFF TO PREPARE A BOULEVARD TREE
REPLACEMENT PLAN FOR THE 2004 CONSTRUCTION PROJECT TO
INCLUDE CONIFEROUS TREES
Mr. McCauley discussed this resolution was prepared to direct staff to prepare a proposed list of
acceptable species of replacement trees for the 2004 neighborhood reconstruction project for the
replacement activities that will occur in 2005.
Councilmember Carniody wished to express thanks to Sue Niemi, resident of Brooklyn Center, who
suggested the idea of adding coniferous trees to the list of replacement trees.
RESOLUTION NO. 2004-50
Councilmember Carmody introduced the following resolution and moved its adoption:
RESOLUTION DIRECTING STAFF TO PREPARE A BOULEVARD TREE REPLACEMENT
PLAN FOR THE 2004 CONSTRUCTION PROJECT TO INCLUDE CONIFEROUS TREES
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Lasman. Motion passed unanimously.
9f. RESOLUTION SELECTING THE NO WAIVER OPTION FOR CITY
STATUTORY TORT LIABILITY
Mr. McCauley discussed that this resolution would choose not to waive its rights to limit liability
under the Statute.
RESOLUTION NO. 2004-51
Councilmember Lasman introduced the following resolution and moved its adoption:
RESOLUTION SELECTING THE NO WAIVER OPTION FOR CITY STATUTORY TORT
LIABILITY
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Carmody. Motion passed unanimously.
9g. THREE-METER DIVING BOARD AT COMMUNITY CENTER
Mr. McCauley discussed that during a recent inspection by the Hennepin County Community Health
Department the three-meter diving board at the Community Center was determined not to be in
compliance with regulations governing diving boards. While it appears that the regulations changed
in 1995, subsequent inspections by the Hennepin County Community Health Department did not
bring this to light until July 2003.
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It does not appear that the City would have any success in seeking a variance and it is recorrimended
to direct the removal of the diving board.
A motion by Councilmember Lasman, seconded by Councilmember Carmody to direct removal of
the ihree-meter diving board. Motion passed unanimously.
9h. AN ORDINANCE AMENDING SECTION 4-202 OF THE CITY
ORDINANCES OF THE CITY OF BROOKLYN CENTER REGARDING A
SPRINKLING BAN
Mr. McCauley discussed that when the Council was approached regarding drip irrigation systems
staff was directed to prepaze an ardinance to incorporate language regarding sprinkling bans. This
ordinance amendment adds language that would specify the use of the sprinkling bans and make
them more enforceable.
Couneil discussed the ordinance being prepared in other languages. Mr. McCauley informed that at
this time some ordinances are translated in Hmong related ta a few specific areas. Mayor Kragness
suggested that the ordinances also be translated into Spanish.
A motion by Councilmember Carmody, seconded by Councilmember Lasman to approve first
reading and set second reading and public hearing on Apri126, 2004. Motion passed unanimously.
10. ADJOURNMENT
There was a motion by Councilmember Carmody, seconded by Councilmember Lasman to adjourn
the City Council meeting at 7:31 p.m. Motion passed unanimously.
City Clerk Mayar
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MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY QF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
CITY COUNCIL WORK SESSION
MARCH 22, 2004
CITY HALL COUNCIL CHAMBERS
CALL TO ORDER
The Brooklyn Center City Council met in Work Session and was called to order by Mayor Myrna
Kragness at 7:40 p.m.
ROLL CALL
Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, and Diane Niesen.
Gouncilmember Bob Peppe was absent and excused. Also present: City Manager Michael
Mc�auley, Assistant City Manager/Director of Operations Curt Boganey, and Deputy City Clerk
Maria Rosenbaum.
PRAYER BREAKFAST COMMITTEE RESPONSE REGARDING INVOCATION
Council discussed the report that Councilmember Lasman provided regarding the Prayer Breakfast
Committee s res onse re azdin I
p g g nvocations. It was the consensus of the Council to continue with
the current procedure.
EARLE BROWN DAYS PARADE CHARGING FOR POLITICAL PARTICIPANTS
Council discussed the Earle Brown Day Committee review of possibly charging political participants
to be in the Earle Brown Da s Parade due t
y o the litter after the parade from the materials handed out
from political parties. City Attorney Charlie LeFevere suggested that a contribution fee mi ht be
g
something to consider with helping the cleanup after the parade. Councilmember Niesen expressed
that she would not be in favor of charging any fee and suggested volunteers to help with the cleanup.
Councilmember Carmody informed that at this time she was seeking feedback from the Council and
that she will re ort t
o the Earle
Brown Da s Committ e
P y e at their next meeting.
DISCUSSION OF HAVING SPRINGSTED MAKE A PRESENTATION TO THE CITY
COUNCIL ON TAX INCREMENT FINANCING BASICS
Councilmember Niesen suggested asking Springsted to make a presentation to the Council on Tax
Increment Financing (TIF).
I
03/22/04 -1- DRAFT
City Nlanager Michael McCauley informed the Council that Springsted is willing to make a
presentation to the Council and questioned when the Council would like to schedule this
presentation. Council discussed and was in consensus of scheduling this item on a Work Session
agenda.
LOCOMOTIVE HORN DRAFT WORK PLAN FOR DEVELOPING REGULATIONS
Mr. McCauley discussed the draft plan that had been prepared and asked if the Council would be in
favor of this draft plan to be placed on a regular City Council agenda for formal approval. It was the
consensus of the Council to have this plan on the April 12, 2004, regular City Council agenda.
DANGEROUS AND POTENTIALLY DANGEROUS DOG ORDINANCE DISCUSSION
Councilmember Niesen discussed her concerns with sections 1-115 in the existing ordinance and the
proposed language in section 1-280 along with the othar concerns she had regarding this issue. Mr.
McCauley suggested that the proposed language be amended in section 1-280 with language that
apply except provided in Section 1-115.
Council continued further discussion regarding the proposed language in section 1-255. Mr.
LeFevere informed that if the Council would like section 1-255 amended that could be done. It was
the consensus of the Council to have the proposed language move forward as written in section 1-
255 at this time.
CITY COUNCIL HANDBOOK
Council discussed the City Council Handbook and was in consensus to continue with the current e-
mail policy and to have the revised format as outlined in the materials prepared for approval at a
regular City Council meeting.
TAXICAB ORDINANCE DISCUSSION
Mr. McCauley informed that the Police Department continues to work on this issue and that the
target date for this item to be on the agenda is in April. Councilmember Lasman informed that she
believes the insurance requirements should continue at the same rate when the ordinance was
repealed. Council discussed and was in consensus of the insurance requirements continued at the
same rate when the ordinance was repealed.
RENTAL LICENSE FEES
This item was deferred to the Apri126, 2004, Work Session agenda.
0 2
3/ 2 04 2 DRAFT
REVIEW OF SOCIAL SERVICES
Council discussed and was in consensus of continuing the social service budgets for 5 Cities Senior
Transportation, Northwest Hennepin Human Service Council, and Project Peace.
MISCELLANEOUS
Council di�cussed the Charter Commission. Mayor Kragness will be contacting a Charter
Commission member to inquire about the status of their next meeting.
ADJOURNMENT
A motion by Councilmember Lasman, seconded by Councilmember Carmody to adjourn the wark
session at 10:08 p.m. Motion passed unanimously.
City Clerk Mayor
03/22/04 -3- DRAFT
City Council Agenda Item No. 7b
�i�
City of Brooklyn Center
A Millennium Community
TO: Michael J. McCauley, City Manager
FROM: Maria Rosenbaum, Deputy City Clerk
DATE: Apri17, 2004
SUBJECT: Licenses for Council ApprovaT
The following companies/persons have applied for City licenses as noted. Each company/person has
fulfilled the requirements of the City Ordinance governing respective licenses, submitted appropriate
applications, and paid proper fees. Licenses to be approved by the City Council on April 12, 2004.
MECHANICAL
Air Masters 5885 149�' Street West, Apple Valley
Centerpoint Energy MGCO 13562 Central Avenue NE, Anoka
Changing Climates, Inc. P.O. Box 491056, Minneapolis
Complete Mechanical 1303 1 StreetNE, Buffalo
Ditter, Inc. 820 Tower Drive, Medina
Flare Heating 9303 Plymouth Avenue North, Golden Valley
Jay Hawk Mechanical 1245 Choke Cherry Road, Lino Lakes
Knight Heating Air 13535 89�' Street NE, Otsego
Pierce Refrigeration 1920 2 Avenue South, Anoka
PRS Mechanical P.O. Box 68111, Minneapolis
SBS Mechanical 7160 Madison Avenue West, Golden Valley
Suburban Air 1290 B Osborn Road NE, Fridley
Total Comfort 12800 Highway 55, Plymouth
MOTOR VEHICLE DEALERSHIP
Brookdale Honda 6801 Brooklyn Boulevard
Brookdale Metro Mitsubishi 7235 Brooklyn Boulevard
Iten Chevrolet Company 6701 Brooklyn Boulevard
RENTAL
Renewal:
1807 70�' Avenue North Rebecca Thomley
021504 Medical
020704 Medical
013104 Sudden Death
012504 Aid and Assist
010904 All Other
010604 Aid and Assist
090243 Sudden Death
6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number
Brooklyn Center, MN 55430-2199 (763) 569-3400
City Hall T,DD Number (763) 569-3300 FAX (763) 569-3434
FAX (763) 569-3494
w w w. cityo f b rooklyncenter. org
Page 2
Licenses for April 12, 2004
6037 Brooklyn Boulevard (11 Units at Northbrook Apts) N B Properties LLP
030304 Disturbing Peace
022004 Medical
020204 Utility Repairs
111603 Suspicious Activity
111403 Disturbing Peace
102703 Theft
101803 Obstructing Justice
091103 Assist Other Jurisdiction
041903 Disturbing Peace
5801 Dupont Avenue North John Joan Ford
081 Q03 Disturbing Peace
5200 France Avenue North Christian Knutson
032104 Miscellaneous
101903 Disturbing Peace
6100 Summit Drive (140 Units at Earle Brown Terrace) Lang-Nelsan Associates
116 Medicals
018 Aid and Assist/Alarms
002 Alarms
002 Theft
001 Hit and Run Property Damage Accident
001 Fire
7240 West River Road (7 Units) Nedzad Ceric
080303 Property Damage
071003 Theft
070903 Theft
5207 Xe�es Avenue North (12 Units) Dennis Bona
010804 Medical
111903 Fire
091203 Disturbing Peace
060203 Stolen Auto
050303 Theft
InitiaL•
3200 64�' Avenue North Keith McConnell
010304 Medical
1323 67�' Lane North Terry Hartmann
No calls
1300 68�' Lane North Terry Hartmann
No calls
7211 Camden Avenue North David Berhanu
012604 Assist Other Jurisdiction
100603 Domestic Assault
100603 Motor Vehicle Accident
091903 Aid and Assist
091803 Rules and Regs
082103 Criminal Sexual Conduct
Page 3
Licenses for April 12, 2004
6835 Colf� Avenue North Adeyinka Badewa
112803 Assault
112803 Domestic Assault
111103 Losf Property
6101 Dupont Avenue North James Hunnicutt
071803 Domestic
053003 Alarms
6120 Lilac Drive North Nita Morlock
021004 Order for Protection Violation
012604 Suspicious Activity
011404 Suspicious Activity
122303 Suspicious Activity
122203 Aid and Assist
110903 Suspicious Activity
091303 Burglary
091203 All Other
090703 Suspicious Activity
090703 Suspicious Activity
082803 Rules and Regs
081903 Burglary
080803 Suspicious Activity
080803 Aid and Assist
080703 Assault
080703 Domestic Assault
080703 Property Damage
6500 Willow Lane Brett Hildreth
120103 Alarm
102003 Suspicious Activity
092203 Parking Violations
080903 Alarm
070703 Alarm
7029 Willow Lane Wayne LaFore
No Calls
5901 York Avenue North Paul Dorthea Harris
No Calls
SIGNHANGER
Amtech Lighting Services 6077 Lake Elmo Avenue North, Stillwater
TOBACCO RELATED PRODUCT
Etc Etc Etc 1120 Brookdale Center
City Council Agenda Item No. 7c
r
CORRECTION
MEMORANDUM
B1100KLYN
CENTER
DATE: Apri15, 2004
TO: Michael McCauley, City Manager
FROM: Todd Blomstrom, Director of Public Works
SUBJECT: Resolution Establishing Improvement Project No. 2004-14, Contract 2004-H,
Shingle Creek Parkway Street, Storm Drainage and Utility Improvements
The City's Capital Improvement Program includes planned improvements for Shingle Creek
Parkway between Interstate 94/694 and County Road 10 (Bass Lake Road). This project is
identified for construction in 2004. The attached map illustrates the extent of the proposed project
area.
The action requested of the City Council at this time is therefore to establish the proposed 2004
Shingle Creek Parkway Street, Storm Drainage, and Utility Improvement Project so that initial
fieldwork and data gathering can commence. Upon authorization by the City Council, the
following actions would take place:
Data collection, including field surveys, traffic counts, and inspection of drainage system.
Review of sanitary and water main maintenance records.
Televised inspections of the sanitary sewer system.
Soil/geotechnical investigations along the roadway.
Prepare a feasibility study and report for review by the City CounciL
Attached for City Council consideration is a resolution establishing Improvement Project No. 2004-
14, Contraet 2004-H, Shingle Creek Paxkway Street, Storm Drainage and Utility Improvements and
autharizing staff to proceed with the above stated wark
Member introduced the following resolution and moved its
adoption;
RESOLUTION NO.
RESOLUTION ESTABLISHING IMPROVEMENTPROJECTNO. 2004-14, CONTRACT
2004-H, SHINGLE CREEKPARKWAY STREET, STORM DRAINAGE, AND UTII,ITY
IMPROVEMENTS
WHEREAS, the City's Capital Improvements Prograrn identifies Shingle Creek Parkway
between Interstate-94/694 and County Road 10 (Bass Lake Road) for reconstruction in 2004; and
WI-�REAS, the City Council has reviewed the scope of proposed iinprovements for the
reconstruction of said segment Shingle Creek Parkway; and
WHEREAS, the City Council desires to begin the process of information gathering,
preliminary design and solicitation of public comments.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn
Center, Minnesota that:
L Improvement Project No. 2004-14, Shingle Creek Parkway Street, Storm Drainage,
and Utility Improvements, is hereby established.
2. Staff is directed to begin fieldwark and preliminary design, contact property owners
in the neighborllood to obtain comments and input, and hold public informational
ineetings for property owners in the neighbarlZOOd where improvements are
proposed.
3. Estimated project costs and revenues for the above stated work are as follows:
COST AMOUNT
Sewer Televising and Geotechnical 5,000
Engineering Surveying 4,000
Estimated costs 9,000
REVENUES AMOUNT
Sanitary Sewer Utility Fund 1,500
Water UtiliTy Fund 1,500
Storm Sewer Utility Fund 3,000
Street Construction Fund 3.000
Estimated Revenues 9,000
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 followin voted a ainst the same:
g g
whereupon said resolution was declared duly passed and adopted.
2004-2008 Neighborhood
Improvement Program
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CENTER
City Council Agenda Item No. 7d
Member introduced the following resolution and moved its
adaption:
RESOULTION NO.
RESOLUTION ACCEPTING BID AND AUTHORIZING THE PURCHASE OF
ADDITIONAL FIRE HOSE
WHEREAS, the Fire Department received a Fire Grant Bid in the amount of
$128,200 for firefighting equipment of various size hose, exhaust fans, nozzles, and handi-
talkies; and
WHEREAS, bids where opened on April l, 2004, and the following bids were
obtained for various size fire hose:
Frontline Plus $66,625 for all the hose
Clareys Safety $68,350 for all the hose; and
WHEREAS, ten rolls of additional five-inch supply hose is requested at $460
per section for a total amount of $4,600 from Frontline Plus.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that the bid from Frontline Plus is hereby accepted and the additional urchase
p
of ten rolls of five-inch hose from Frontline Plus in the amount of $4,600 is hereby approved.
Anril 12, 2004
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
i
TO: Michael McCauley City Manager
FROM: Ron Boman Fire Chief
SUBJECT: Hose Bids
DATE: April 6, 2004
On April l, 2004 bids for various size hose where open at the Police Station, two bids
were received one from Clary's Safety Equipment and one from Front Line Plus. Front
Line Plus was the low bid and I am recommending that we award the bid to them.
I am also requesting that because of the favorable pricing I want to purchase an additional
10, 100ft. rolls of 5" supply hose from Front Line as this will allow us to replace all of
our supply hose on our engines.
The Bids are as follows for the following hose 120 rolls of 21/2", 110 rolls of 13/4" and
30 rolls of 5" at the price of $460.00 per roll for the total price of $4,600.00.
Front Line Plus $66,625.00
Clary Safety Equipment $68,350.00
This hose is being purchased from the Fire Grant the Brooklyn Center Fire Department
was awarded in 2003 in the amount of $128,200 with the City of Brooklyn Center
required to match 10% or $12, 820. This grant was written and approved to purchase fire
hose, ventilation fans, nozzles, and portable radios.
G N ^,-E F
��V /V
O y
m t m
��J�'H�L�� T ��l�l F 't'
�hEpE
Fi l�� JLl��L fi ��1�I 1
Ernergency Fire 911 6645 Humboldt Ave. North
Brooklyn Center, Minnesota 55430
Telephone 763-503-3160
E-mail rboman@ci.brooklyn-center.mn.us
FAX 763-561-0717
ADVERTISEMENT FOR BIDS FOR
VARIOUS SIZE ANGUS ARMOR FIlZE HUSE
I �I Sealed proposals endorsed with the title of Various Size Angus Armor Fire Hose and the bidders
name will be received at the office of the Fire Chief of the City of Brooklyn Center, 6645
Humboldt Ave. No. Hennepin County, Minnesota up to 10:00 AM Thursday March 18, 2004, at
which time bids will be opened and read.
The hose to be furnished consists of the following as called for in the specifications listed are the
�,��1. appro�mate number of feet of each size Angus Armor fire hose. Each section of hose shall have
the name Brooklyn Center Fire woven into the hose with the current year and each section shall
be consecutively numbered either on the coupling or woven into the hose, the large diameter 5"
hose shall have Brooklyn Center fire printed on the hose in large letters on each end of the hose.
6000 Ft. 21/2" Hose 50 ft. sections
5500 Ft. 13/4" Hose 50 ft. sections
3000 Ft. 5" Hose 100ft. section with storz couplings
Proposed contract documents, including specifications, are on file in the office of the Fire Chief
of the City of Brooklyn Center, Minnesota where a copy may be examined. Specifications may
be had for the bidders individual use by applying to the Fire Chief.
No bidder may withdraw his bid within thirty (30) days after scheduled time of opening bids
with the without the consent of the City.
Bids must be made on the basis of cash payment for the fire hose. No bids will be considered
unless sealed and filed with the Fire Chief prior to the closing tirne for receiving bids.
The City Council reserves the right to waive any informalities in any bids received and reject
witnout explanation any of all bids received.
Mailed Bids should be addressed to:
Fire Chief
City of Brooklyn Center
6645 Humboldt Ave. No.
Brooklyn Center, Minnesota
FRONTLINE PL US FIRE RESCUE �7
V
8004 Aetna Avenue N.E.
onticello, MN 55362 Date
�800-$Z9-3177-Outstate
3/38/2004
1-763-295-3 650-Metro&F�
Name Address
Brooklyn Center Fire Dept.
6645-�I��-balLA�e No_
Brooklyn Center, Mn. 55430
Attn; Chief Ron Boman
Terms Due Date FOB
Net 25 4/24/2004 Dept
Item Description Qty Rate Total
Hi-Vol 100ft Angus lYi-Vol Supply Hose as listed. Storz 30 460.00 13,800.00
coupled with Locs. 100ft x 5" sections.
Choice of either YELLOW or RED.
Hose will be stenciled; BROOKLYN
CENTER FD.
Hi-Combat II Hi-Combat II Hose: 1,3/4" x SOft secNons. 110 195.50 21,505.00
AL/NH ends. This hose will have weaved
into hose liner. BROOKLYN CENTER FD.
Choice of GREEN WHITE or YELLOW
WIiITE.
Hi-Combat II Hi-Combat II Hose: 2.5" z SOft sections. 120 261.00 31��U.00
AL/NH ends. This hose will be stenciled.
Can not weave into fabric. BROOKLYN
CENTER FD.
As a authorized dealer for Angus Hose for
13 years and distributor of Angus hose for
28 years, I am proud to BID to your
department above prices.
BID, Good for 30 days above date Subtota!
Sales Tax
T
otal
Page 1
FRONTLINE PL tJ�' FIRE RESCU� Q U OT�
8004 Aetna Avenue N.E.
onticello, MN 55362 Date
�00-879-3177-Outstat� 3�3 2
0/ 004
1-763 -295 -3 65 0-Metro&F�
Name 1 Address
Brooklyn Center Fire Dept.
6645-Ha�nbolt Ave No.
Brooklyn Center, Mn. 55430
Attn; Chief Ron Boman
Terms Due Date FOB
Net 25 4i2412004 Dept
Item Description Qty Rate Total
Estimated delivery is 4/6 weeks after receipt
of order at factory.
BID, Good for 30 days above date SUbtOt31
i
r'AP�� $66,625.00
Sales Tax $o.00
Total $6�,62s.00
Page 2
Cl���ey's Safety Equ�prreent, �nc.
3555 Ninth �treet N�V, Suite #20�I
Rochester, MN 55901
507/289-6749 or 800/558-8�09
Fax 5�7/289-5213
March 17, 2004
City of Brooklyn Center
Attn: Ron Boman, Chief
6645 Humboldt Avenue North
Brooklyn Center, MN 55430
Re: Fire Hose Bid
Dear Chief,
We are pleased to of�er the City of Brooklyn Center the following bid for Angus Fire Hose.
Unit Price Total Price
o One hundred twenty (120) 50' sections of Angus
2.5" Hi-Combat II fire hose with 2.5" NST male x
female couplings $267.50 $32,100.00
o One hundred ten (110) 50' sections of Angus 1.75"
Hi-Combat II fire hose with 1.5" NST male x
female cou lin s $200.00 $22 000.00
P g
o Thirty (30) 100' sections of Angus 5" Hi-Vol fire
hose with 5" storz locking couplings $475.00 $14.250.00
Tota1 FOB Delivered Price $68,350.00
Please contact me if you have any questions or if I can be of further assistance.
Sincerely,
n�,��
mda Kimber�
f�1
Visit aur web site at www. clareys. com
�-l�ail us at info@clareys. com
City Council Agenda Item No. 7e
Office of the City Clerk
City of Brooklyn Center
A Millennium Community
MEMORANDUM
TO: Michael J. McCauley, City Manager
FROM: Sharon Knutson, City Clerk
DATE: Apri� 7, 2004
SUBJECT: Application and Permit for a Temporary On-Sale Liquor License Submitted By Hennepin
County Brookdale Regional Center, 6125 Shingle Creek Parkway, for an Event to be
Held May 6, 2004
Hennepin County Brookdale Regional Center, 6125 Shingle Creek Parkway, has submitted an
application and permit for a temporary on-sale liquar license for an event to be heid on Thursday,
May 6, 2004. The applicant has satisfied the City's requirements and subinitted the $25 license fee,
along with a Statement of Self-Insurance.
It is recommended that the City Council approve the application and permit for a temporary on-sale
liquor license submitted by Hennepin County Brookdale Regional Center. After Council review, the
application and permit will be forwarded to the Hennepin County representative, who is responsible for
submitting the permit application to the State Liquor Control Division for approval.
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
•a
e �e„ t,�..::'.:�i:.
Minnesota Department of Public Safety
ALCOHOL AND GAMBLING ENFORCEMENT DIVISION 4�`�`'
444 Cedar Street Suite 133, St. Paul MN 55101-5133
(651) 296-6979 Fax (651) 297-5259 TTY (651) 282-6555 :�.�x�^'`
WWW.DPS.STATE.MN.US
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�°ill tx. r,cYUrae�i a+� th� �i�:env� �ut,m� f� th� Cit�� or C�,uat�• �t ki� 3p da� ipcfa�rc:tht c�v+et
�'S-Q��1?�{��)
April 20d4
Statement of Self-Insurance
To Whom It Ma Concern
Y
Hennepin County, a political subdivision of the State of Minnesota, whose mailing address is
Government Center, A-2301 Government Center, Minneapolis MN 55487, is self-insured pursuant
to Minnesota Statute 383B.155 and resolutions of the Hennepin County Board of Commissioners
for:
General, automobile, professional, employment practices, and public officials' fiability
exposures.
Workers' compensation and employer's liability.
In addition, the County retains the risk of loss of personal property rented or loaned to it that is not
covered by the lessor's property insurance.
The tort liability limits for municipalities in the State of Minnesota pursuant to Minnesota Statute
466.04.are $300,000 per claimant and $1,000,000 for more than one claimant in a single
occurrence.
Sincerely,
Mark Vanney
Senior Financial Analyst
City Council Agenda Item No. 8a
CITY OF BROOKLYN CENTER
Notice is hereb iven that a ublic hearin
y g p g will be held on the 12th day of Apri12004 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 relating to fireworks.
Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance.
Please contact the City Clerk at 7b3-569-3300 to make arrangements.
ORDINANCE NO.
AN ORD1N
ANCE AMENDING SECTION 1 -4
9 03 OF THE CITY
ORDINANCES OF THE CITY OF BROOKLYN CENTER
REGARDING THE SALE AND USE OF FIREWORKS
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FQLLOWS:
Section 1. Section 19-403 of the City Ordinances of the City of Brooklyn Center
is hereby amended to read:
Subdivision 1. Minnesota Statutes Sections 624.2 l] 0 to 624.25 [i s] are hereby
adopted by reference and shall have the same force and effect as though fully set forth herein.
Subdivision 2. Fireworks Defined. The term "fireworks" means any substance or a
combination of substances or article prepared for the purpose of producing a visible or an audible
effect by combustion, explosion, deflagration, or detonation, and includes blank cartridges, toy
cannons, and toy canes in which explosives are used, the type of balloons that require fire
underneath to propel them, firecrackers, torpedoes, skyrockets, Roman candles, daygo bombs,
sparklers, other than those specified in Subdivision [4%�] 3, ar other fireworks of like construction,
and any other firewarks containing any explosive or inflammable compound, or any tablets or other
deviee containing any explosive substance and commonly used as fireworks. The term "fireworks"
shall not include toy pistols, toy guns, in which paper caps containing 25/100 grains or less of
explosive compound are used and toy pistol caps that contain less than 20/100 grains of explosive
mixture. The term "fireworks" also does not include those items defined as "consumer fireworks" in
Subdivision 3.
Subdivision 3. Consumer Fireworks Defined. The term "consumer fireworks"
means wire or wood sparklers of not more than 100 grams of mixture per item, other sparkling
items that are nonexplosive and nonaerial and contain 75 grams o[f]r less of chemical mixture
per tube or a total of 200 grams or less for multiple tunes, snakes and glow worms, smoke
devices, or trick noisemakers, which include party streamers, party poppers, string poppers,
snappers, and drop pops, each consisting of not more than twenty-five hundredths grains of
explosive mixture.
ORDINANCE NO.
Subdivision 4. License Reauired. It is unlawful to sell consumer firewarks without
a valid license issued bv the Citv.
Subdivision 5. License Annlication. The annlication for a license shall contain the
foll�win� information: name, address. and telenhone number of annlicant; the address of the
location where fireworks will be sold: the tvne of consumer fireworks to be sold; the estimated
auantitv of consumer fireworks that will be stored on the licensed nremises. If the annlicant does
not own the business nremises, a true and correct conv of the current, executed lease. as well as the
written authorization of the nronertv owner for the annlicant's use of the nronertv for the sale of
consumer fireworks must be included with the annlication.
Subdivision 6. Insurance Reauired. All Iicensees must have at all times a valid
certificate of insurance issued bv an insurance comnanv licensed to do business in the State of
Minnesota evidencine that the annlicant's use of the nrouertv is currentiv covered bv a liabilitv
insurance nolicv. The minimum limits of covera�e for such insurance shall be at least $200.000 for
each claim and at least $500.000 for each occurrence. Such insurance sha11 be kent in force durin�
the term of the license and the policv must nrovide for nrior notification to the Citv should the
policv be terminated or canceled. A certificate of insurance must accomnanv all initial and renewal
license annlications.
Subdivision 7. Processin� Annlication. The annlication must be filed with the Citv
Mana�er or the Manager's desi�nee. toeether with the license fee. Followin� an insnection of the
premises nronosed to be licensed. the Citv Manaser or the Manager's desi�nee shall issue the
license if the conditions for license annroval are satisfied and the location is nronerlv zoned. If the
Citv Manaeer or the Mana�er's designee denies the license annlicatian, the applicant mav, within
ten (101 davs, abneal the decision to the Citv CounciL
Subdivision �:>f �`i�°�:a�•������.] 8. Prohibition on Use.
The use of consumer fireworks on public property is prohibited.
Subdivision 9. Conditions on License. A violation of anv condition in para�raphs
(al throu�h (il of this subdivision mav be a basis for the Citv to revoke the license under
subdivision 11 of this Section or mav subiect the licensee to a nenaltv under Section 19-404.
a. Consumer fireworks shall not be sold to persons younger than 18 years of
age. The age of a purchaser must be verified by photograpluc identification.
b. [c.] Consumer fireworks shall only be stored and sold in those areas or zones
within the City where commercial or industrial activities are authorized
under the applicable zoning laws of the City.
ORDINANCE NO.
c. Consumer fireworks shall only be stored in andlor sold from buildings or
retail stands ii�� a��:�����s�<�ii�; ���•ic���:l€:�� ���;rs�� gz€�c� �t�r�c}k�:
��e:�����3��. that comnlv with National Fire Protection Association Standard
1124 (2003 editionl as reauired under Minn. Stat. 624.20(dl (21.
d. The license rnust be nubliclv disulaved on the licensed nremises.
e. The nremises are subiect to insnection bv Citv emnlovees durin� normal
business hours.
f. The annlicant must be at least 18 vears of a�e.
The apnlicant shall not have had a license ta sell fireworks revoked within
the last three vears.
h. The nremises must be in comnliance with the State Buildine Code and State
Fire Code.
i. The license is non-transferable. either to a different nerson or location.
Subdivision 10. License Period and License Fee. Licenses shall be issued for a
calendar vear. The license fee shall be established annuallv bv resolution. License fees shall not be
prorated.
Subdivision 11. Revocation of License. Following written notice and an
obvortunitv for a hearin�, the Citv Manager or the Mana�er's desienee mav revoke a license for
violation of this Section or state law concernin� the sale, use or nossession of fireworks. If a license
is revoked, neither the at�nlicant nor the licensed nremises mav obtain a license for three (31 veazs.
If the Citv Mana�er or the Manaser's desi�nee revokes a license. the license holder mav within ten
(101 davs atineal the decision to the Citv Council.
Section 2. This ordinance shall become effective after adoption and upon thirty
(30) days following its legal publication.
Adopted this day of 2004.
Mayor
ATTEST:
City Clerk
Date of Publication
Effective Date
(Brackets indicate matter to be deleted, underline indicates new matter.)
Office of the City Clerk
City of Brooklyn Center
A Millennium Community
MEMORANDUM
TO: Michael J. McCauley, City Manager
FROM: Sharon Knutson, City Clerk
DATE: April 7, 2004
SUBJECT: An Ordinance Amending Section 19-403 of the City Ordinances of the City of Brooklyn
Center Regarding the Sale and Use of Fireworks
At its Marcla 8, 2004, meeting, the Brooklyn Center City Council approved first reading of An
Ordinance Amending Section 19-403 of the City Ordinances of the City of Brooklyn Center Regarding
the Sale and Use of Fireworks.
The second reading and Public Hearing are scheduled for April 12, 2004. Notice of Public Hearing was
published in the B�rooklyn Center° Sun-Post newspaper on March 18, 2004. If adopted, effective date
will be May 22, 2004. Materials that were included in the March 8, 2004, Council agenda are also
attached.
Attachinents
6301 Shingle Creeh 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
Office of the City Clerk
City of Brooklyn Center
A Millennium Community
MEMORANDUM
TO: Michael J. McCauley, City Mana r
FROM: Sharon Knutson, City Clerk
DATE: March 3, 2004
SUBJECT: An Ordinance Amending Section 19-403 of the City Qrdinances of the City of Brooklyn
Center Regarding the Sale and Use of Fireworks
In 2002, the Legislature legalized the possession and sale of certain types of fireworks. In response to
the changes, the City of Brooklyn Center amended its ordinance in June 2002 to include regulation of
the sale and use of consumer fireworks within buildings with approved automatic sprinkler systems and
smoke detectors and in those areas or zones within the City where commercial or industrial activities are
authorized. Outdoor sales are prohibited.
The 2003 Legislature adopted several restrictions limiting a city's ability to regulate "legal fireworks."
The attached memorandum from the League of Minnesota Cities provides information on what cities
can do to regulate legal fireworks. A city cannot adopt an ordinance more restrictive than NFPA 1124
(03) in accordance with Minnesota law; therefore, Section 19-403 of the City Ordinances needs to be
modified because it bans sales in buildings without sprinkler systems and smoke detectors, which
includes outdoor sales. A city can, however, require a permit or license for the retail sale and storage of
consumer fireworks. Minnesota Statute 624.20 sets the maximum charge for retail stands to be capped
at $35Q/year; with retailers such as Target, gas stations, Cub Foods, etc. capped at $100/year.
City Attorney Cliarlie LeFevere has reviewed the changes to Minnesota Law and has drafted an
ordinance amendment that would remove the restrictive language from the City's ordinance to be in
compliance with the new legislation. T11e ordinance amendment also adds language that would require a
license to sell consumer fireworks. The license requirement would enable the City to regulate sales of
fireworks to ensure that the applicant is insured and in compliance with NFPA Standard 1124.
If the City Council approves first reading of the ordinance, the second reading and public hearing will be
held April 12, 2004.
Attaehment
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 fb rooklyncenter. org
Phone: 651 281-1200
800 925 11
22
1���,r}.=„��;�,�,,,�.,r.�c;r� TDD (651) 281-1290
#�����"'«'r',�4�°��.� LMC Fax: (651) 281-1299 LMCIT Fax: (651) 281-1298
Web Site: http://www.lmnc.org
Regulation of legal fireworks
What can cities do?
City officials will recall that the 2002 Legislature legalized the possession and sale of certain
types of fireworks. In particular, the law authorized certain wire and wood sparklers, various
farms of nonaerial and nonexplosive sparkling items such as fountains and torches, and certain
novelty items such as "snakes," "glow worms," and smoke devices.
While the law did not specifically address the authority of cities to regulate these new forms of
"legal fireworks," the state ftre marshall found that cities had the ability to regulate fireworks
sales as part of their responsibility to administer the state fire code. Accordingly, many cities
adopted ordinances requiring a permit for the sale and storage of fireworks, imposing a fee,
banning sales in buildings without sprinklers, and placing limits on the volume of fireworks that
could be stored in certain buildings.
In response to some of these ordinance provisions, the 2003 Legislature adopted several
restrictions limiting a city's ability to regulate "legal fireworks." In particular, Minn. Stat. 624.20
subdivision 1 was amended by adding a subparagraph (d), which reads as follows:
"d) A local unit of government may impose an annual license
fee for the retail sale of items authorized under paragraph (c).
The annual license fee of each retail seller that is in the business
of selling only the items authorized under paragraph (c) may
not exceed $350, and the annual license of each other retail
seller may not exceed $100. A local unit of government may not:
(1) impose any fee or eharge, other than the fee authorized
by this paragraph, on the retail sale of items authorized under
paragraph (c);
(2) prohibit or restrict the display of items for permanent
or temporary retail sale authorized under paragraph (c) that
comply with National Fire Protection Association Standard 1124
(2003 edition); or
(3) impose on a retail seller any financial guarantee
requirements, including bonding or insurance provisions,
containing restrictions or conditions not imposed on the sarne
basis on all other business licensees.
Some of these new restrictions are clear, others are more difficult to interpret. Specifically, the
145 University Avenue West St. Paul, MN 55103-2044 •(651) 281-1200 •(800) 925-1122 www.lmnc.org
law clearly limits the license fees that municipalities may impose. A business that sells only
fireworks can be charged no more than a$350 annual fee; and a retailer that sells firewarks and
other items (e.g., groceries, household goods, etc) can be charged no more than a$100 annual
fee. The law does not change the longstanding requirement that any fees collected be spent only
on related services such as inspections, compliance checks, and safety information. Similarly, the
law is clear that cities cannot impose bonding or insurance requirements greater than what the
city i�nposes on other business licenses.
On the other hand, many questions have been raised about subparagraph (2), which limits a
city's ability to "prohibit or restrict t�he display of items for permanent or temparary retail sale
authorized under paragraph (c) that comply with National Fire Protection Association (NFPA)
Standard 1124 (2003 edition)."
On its face, this language could be interpreted to preclude almost any type of municipal
regulation governing the time, location or structure from wllich fireworks may be sold. In talking
about this issue with the proponents of the law, as well as with the legislative author, we have
been told that the provision was not intended to prohibit local governments from regulating
transient selling in the co�nmunity. It was intended, however, to prohibit cities from exclusively
banning sales of fireworks—pravided the fireworks are sold from structures and displays that
comply with NFPA Standard 1124. A city may impose reasonable zoning restrictions on these
types of operations and can hold fireworks sellers to requirements that apply to other business
licensees or transient sellers. So, for example, if city regulations allow tents sales of inerchandise
in the Target parking lot or out of the back of a semi, then the city would also have to allow tent
sales of fireworks under the same conditions provided the retailer meets the NFPA rules.
The NFPA Standard 1124 was only recently promulgated and establishes provisions dealing with
the fire and life safety requiremeirts for construction, siting, and separation distances, and storage
and display layout for both pennanent and temporary consumer fireworks retail sales faeilities.
In particular, Chapter 7 of the standard deals with retail sales of consumer fireworks. The NFFA
standard applies to permanent buildings and structures, as well as to temporary facilities such as
tents. One of the most significant elements of the standard is a provision that states that the
requirements of the chapter do "not apply to consumer firewarks sales facilities or stores where
the consumer fireworks are in packages and where the total quantity of eonsumer fireworks on
hand does not exceed 125 lbs. (net)]
Accordingly, cities that have established a firewarks licensing ordinance may want to adopt a
practice of requiring the license applicant to provide the city with a copy of NFPA ll 24 (2003
edition) and to demonstrate compliance with Standard 1124 or to prove that they are exempted
from them.
In short, cities that license firewarks sellers will have to revisit their ordinance to make sure they
are in compliance with the new legislation.
(6-24-03)
145 University Avenue West St. Paui, MN 55103-2044 •(651) 281-1200 •(800) 925-1122 www.Lnnc.org
City Council Agenda Item No. 8b
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION DRDERING IMPROVEMENTS AND AUTHORIZING
DEVELOPMENT OF PLANS AND SPECIFICATIONS FOR IMPROVEMENT
PROJECT NO. 2004-06, 73� AVENUE STREET, STORM DRATNAGE, AND
UTILITY IMPROVEMENTS
WHEREAS, the Brooklyn Center City Council on March 8, 2004 authorized
consideration of street, storm drainage, and utility improvements in the area generally described
as "73'� Avenue North"; more specifically described as follows: 73'� Avenue North between
Huinboldt and Peml Avenues Nortli.
WHEREAS, the Council has previously received and accepted a feasibility report far
said proposed improvements, as prepared by the Director of Public Works and the City of Brooklyn
Park Engineering Division; and
WHEREAS, said improvements are necessary, cost effective and feasible as detailed
in the feasibility repoi�t; and
WHEREAS, the City Council on March 8, 2004 adopted a resolution setting a date
for a public hearing regarding the proposed improvements for the 73` Avenue North area; and
WHEREAS, ten days published notice of the hearing was given and the hearing was
held on April 12, 2004, at which time all persons desiring to be heard were given the opportunity to
be heard thereon; and
WHEREAS, the Council has considered all comments, testimony, evidence and
reports offered at or priar to the April 12, 2004 hearing; and
WHEREAS, the City reasonably expects to spend moi�ies from the Infrastructure Fund
on a temporary basis to pay the expenditures described in this resolution; and
WHEREAS, the City reasonably expects to reimburse itself for such expenditures from
the proceeds of taxable or tax-exempt bonds, the debt service of which is expected to be paid from
property taxes, special assessments, or utility fees. The maximum amount of obligations expected to
be issued for such project is 73,960.00; and
RESOLUTION NO.
WHEREAS, the Director of Public Works and the City of Brooklyn Park Engineering
Department is prepared to develop plans and specifications for said project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that:
1. I�nprovement Project No. 2004-06, 73 Avenue North Street, Storm Drainage,
and Utility I�nprovements, are hereby ordered and the Director of Public Works is
authorized to have plans and specifications prepared for said improvement.
2. This resolution is intended to constitute official intent to issue taxable or tax
exempt reimbursement bonds for purposes of Treasury Regulation 1.105-2 and
any successor law, regulation, or ruling. This resolution shall be modified to the
extent required or permitted by Treasury Regulation 1.105-2 or any success law,
regulation, or ruling.
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.
Member introduced the following resolution and moved
its adoption:
RESOLUTION NO.
RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT
PROJECT NO. 2004-06, CONTRACT 2004-C, 73R AVENUE NORTH STREET
AND STORM DRAINAGE IMPROVEMENTS TO THE HENNEPIN COUNTY
TAX ROLLS
WHEREAS, pursuant to proper notice duly given as required by law, the City
Council has met and heard and passed upon all objections to the proposed Special Assessment
Levy Nos. 15999 and 15600; and
WHEREAS, assessment rolls, copies of which are attached hereta and part hereof
by reference, have been prepared by the City Clerk, tabulating those properties where street
improvement and storm drainage costs are to be assessed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota that:
1. Such proposed assessments, Special Assessment Levy No. 15999 for street
improvements and Special Assessment Levy No. 16000 for storm drainage
improvements, made a part hereof, are hereby accepted and shall constitute the
special assessments against the lands named therein, and each tract of land
therein included is hereby found to be benefited by the improvement in the
amount of the assessments levied against it.
2. Such assessments shall be payable in equal annual installments extending over
a period of ten (10) years as indicated on the assessment ro1L The first of the
installments shall be payable with ad valorem taxes in 2005, and shall bear
interest on the entire assessment at the rate of five and one half (5.5) percent
per annum from October 1, 2004 through December 31, 2005. To each
subsequent installment when due shall be added interest for one year on all
unpaid installments.
RESOLUTION NO.
3. The owner of any property so assessed may at any time prior to the
certification of the assessment to the County Auditor pay the whole of the
assessment, to the City Treasurer, without interest, if the entire assessment is
paid on or before September 30, 2004. After September 30, 2004, he or she
may pay the total assessment, plus interest. Interest will accumulate from
October 1, 2004 through the date of payment. Such payment must be made by
the close-of-business November 29, 2004, or interest will be charged through
December 31 of the succeeding year. If the owner wishes to pay off the
balance at some point in the future, such payment must be made before
November 15 or interest will be charged through December 31 of the
succeeding year
4. The City Clerk shall forthwith transmit a certified duplicate of this assessment
to the County Auditor to be extended on the proper tax lists of the county, and
such assessments shall be collected and paid over in the same manner as other
municipal taxes.
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
CITY OF BROOKLYN CENTER CERTIFIED ASSESSMENT ROLL
4/12/2004
73RD AVENUE'PROJECTAREA
IMPROVEMENT PROJECT 2004-06
ARDR.E�� l�EifY �TREET
PRUPERTY ID L�YY STORM
�26-119-21-41-0003 11705 73RD AVE N 1 15999 1 $2,806.00 16000 I $892.00
�26-119-21-41-0005 �1601 73RD AVE N I 15999 $2,806.00 16000 $892.00
�26-119-21-41-0012 �1501 73RD AVE N 15999 $2,806.00 16000 I $892.00
�26-119-21-41-0013 �1511 73RD AVE N 15999 $2,806.00 16000 $892.00
�26-119-21-41-0092 �1607 73RD AVE N 15999 $2,806.00 16000 $892.00
�26-119-21-41-0093 �1613 73RD AVE N 15999 $2,806.00 16000 $892.00
�26-119-21-41-0094 1619 73RD AVE N 15999 $2,806.00 16000 $892.00
�26-119-21-41-0100 �7242 LOGAN AVE N 15999 $2,806.00 16000 $892.00
�26-119-21-�1-0101 �7243 KNOX AVE N 15999 $2,806.00 16000 $892.00
�26-119-21-41-0106 �7242 KNOX AVE N 15999 $2,806.00 16000 I $892•00 I
�26-119-21-41-0107 �1711 73RDAVE N 15999 $2,806.00 16000 $892.00
�26-119-21-41-0108 �1521 73RD AVE N 15999 $2,806.00 I 16000 $892.00
�26-119-21-42-0001 �7243 LOGAN AVE N 15999 $2,806.00 18000 $892.00
�26-119-21-42-0016 �7242 MORGAN AVE N 15999 $2,806.00 16000 I $892.00 I
�26-119-21-42-0053 �7243 MORGAN AVE N 15999 $2,806.00 16000 $892.00
26-119-21-42-0068 �7242 NEWTON AVE N 15999 $2,806.00 16000 $892.00
26-119-21-42-0069 �7243 NEWTON AVE N 15999 $2,806.00 16000 $892.00
26-119-21-42-0084 �7242 OLIVER AVE N 15999 $2,806.00 16000 $892.00
�26-119-21-42-0099 �7243 OLIVER AVE N 15999 $2,806.00 16000 $892.00
�26-119-21-42-0109 �7242 PENN AVE N 15999 $2,806.00 16000 $892.00
$56,120.00 �$17,840.00
Page 1
MEMORANDUM
DATE: April 5, 2004
TO: Michael J. McCauley, City Manager
FROM: Todd Blomsh Director of Public Works
SUBJECT: Resolution Ordering Improvements and Authorizing Development of Plans and
Specifications for Improvement Proj ect No. 2004-06, Contract 2004-C, 73'�d
Avenue North Street, Stonn Drainage, and Utility Improvements
Resolution Certifying Special Assessments for Improvement Project No. 2004-06,
Contract 2004-C, 73 Avenue North Street and Storm Drainage Improvements to
the Hennepn County Tax Rolls
A series of two public hearings are sclleduled on April 12, 2004. The first hearing is to order
improveinents and authorize development of plans and specifications for Improvement Proj ect
No. 2004-06, 73'� Avenue North Street, Storm Drainage, and Utility Improvements. The second
hearing is to consider certificatioll of proposed special assessments for Im�rovement Project No.
2004-06. All potei�tially affected property owners have been notified by certified mail of the
date of tlle public hearings and the ainount of the proposed special assessinents.
I. Explanation of Improvements
Theproposed project includes roadway, stornl drainage, and utility improvements along 73
Avenue between Humboldt Avenue and Penn Avenue. The project was previously established
by the City Council on January 12, 2004 by Resolution 2004-01. On March 8, 2004 the City
Council received the feasibility report and called for a public hearing for April 12, 2004 to
consider these improvements.
The feasibility report provides a description of the recommended improvements for the
neighborhood and an estimated project budget. The proposed improvements can generally be
described as follows:
Street Improvements including base preparation, installation of concrete curb and
gutter and driveway aprons, bituminous paving, replacement of street signs, and
boulevard restoration;
Storm Drainage Improvements including installation of new storm sewers, repair
and replaceinent of existing storm sewers, installation of new and repair and
replaceinent of existing catch basins and manholes;
Water Main Improvements including the replacement of water main pipes,
installation of new valves, hydrants and fittings between Penn Avenue and Knox
Avenue;
Sanitary Sewer Main Improvements including replacement of selected portions
based on the results of recent sewer televising inspections.
II. Summary E�planation of Assessments
Assuming the City Council orders the above described improvements and authorizes
developinent of plans and specifications for Improvement Project No. 2004-06, 73 Avenue
North Street and Storm Drainage, it is recommended that the City Council hold a second public
hearing to consider certifying special assessments for said improvements to the Her�nepin County
tax rolls.
On November 10, 2003, the City Council adopted 2004 special assessment rates for street and
stornl drainage improvements for single family and residential properties. The rates established
for street and storm drainage improvements are $2806 and $892, respectively. All of the
properties in the project area have received assessment notices specifying these rates.
The feasibility report included a preliminary assessment roll identifying 20 properties for street
and stonn drainage special assessment. A copy of the current assessment roll is attached to this
memorandtm7.
Public Comments
Some property owners may choose to object to a special assessment; other property owners may
choose to appeal an assessment. An objection is typically a concern expressed by the property
owner about the amount of the assessment, or perhaps an assertion that they are not responsible
for its payment.
An appeal is a lega] challenge to the assessment. Property owners must file with the City Clerk
a written notice of objection before or at the public hearing, and then follow up with service of
notice of appeal on the City and filing with district court. These types of disputes often require
both parties to obtain appraisals and review and possibly negotiate assessinents, and can lead to
legal hearings.
Should objections or appeals be filed with the Clerk prior to the public hearing, ar should any
person appear at the hearing and object to or appeal an assessment, it is recommended that the
CounciL•
Refer any substantive objections to staff for a report back to the Council at a continued hearing.
An example might be an issue whereby staff would need to research the history of a particular
complaint, and assemble documentation. Consider removing the objected-to assessment from
the proposed levy roll and adopting the remaining proposed assessments.
If appeals are filed, staff and the City Attorney will advise the Council of options for
handling the dispute and the litigation.
Payment Options Available to Property Owners
Oilce an assessment roll is adopted by the Council, the owner of each property has the
following payment options:
1. Pay the entire amount of the special assessment, without interest, between March 9 and
September 30, 2004.
2. From October 1, 2004 to the end of the business day on November 29, 2004, the
property owner may pay the total assessment, with interest calculated from October 1,
2004 to the date of payment.
3. If payments are made with property taxes, the first payment will be due with taxes in
2005. The total principle will be payable in annual installments for the period stated on
the levy ro1L Interest is paid on the unpaid balance.
4. Partial prepayments (such as paying half now and certifying the balance) are not
allowed under current assessment policy.
III. Recommended Council Procedure
First Public Hearing to Order Improvements
It is recommended that Council conduct two separate public hearings to receive public coinments
on the two attached resolutions. The first public hearing would be to consider ordering the
Improvement Project. Public comments concerning special assessments should be deferred to
the second public hearing. A resolution ordering the improvements and authorizing deveiopment
of the plans and specifications is provided for Council consideration upon closing of the first
public hearing.
Second Public Hearing for Special Assessments
After taking action on the first proposed resolution to order the project, it is recommended that
the Council then conduct a second public hearing on the proposed special assessments. The
attached resolution certifying special assessments for street and storm drainage irnprovements for
Improvement Project No. 2004-06, Contract 2004-C, 73 Avenue North to the Hennepin County
tax rolls is provided for Council consideration upon closing of the second public hearing.
City Council Agenda Item No. 9a
MEMO
To: Michael J. McCauley, City Manager
From: Ronald A. Warren, Plannin and Zonin S ecialist
g g
Subject: City Council Consideration Item Planning Commission Application No. 2004-
006
Date: Apri17, 2004
On the April 12, 2044 City Council Agenda is Planning Commission Application No. 2004-006
submitted by Steve Lewis requesting a Special Use Permit to operate an automobile rental and
leasing operation with out of doar storage of vehicles at 6201 Brooklyn Boulvard.
Attached for your review are copies of the Planning Commission Information Sheet for Planning
Commission Application No. 2004-006 and also an area map showing the location of the
property under consideration, 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 March 25, 2004 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 3-11-04
City Council Action Should Be
Taken By 5-10-04 (60 Days)
Planning Commission Information Sheet
Application No. 2004-006
App�icant: Steve Lewis (Hertz)
Location: 6201 Brooklyn Blvd
Request: Special Use Pernut
The applicant, Mr. Steve Lewis on behalf of Hertz Local Edition, is seeking a Special Use Permit
to operate an automobile rental and leasing operation including the out of door storage of
vehicles. His proposal involves the use of a portion of the building addressed 6201 Brooklyn
Boulevard, which also houses the Bridgeman's Restaurant. Vehicles would be allowed to be
stored on the site because surplus pazking exists.
The property in question is zoned C-2 (Commerce) and is located at the northwest comer of
Brooklyn Boulevard and 62 Avenue North. It is bounded on the north by, and has cross access
with, a shopping center complex containing among other things an Asian market, a check
cashing operation and Enterprise Rent a Car�, on the east by Brooklyn Boulevazd with single
family homes on the opposite side of the street; on the south by 62" Avenue North with the
Brookdale Chrysler dealership on the opposite side of the street; and on the west by Ewing
Avenue with R-4 zoned property containing the Ewing Square Townhomes on the opposite side
of the street. Automobile rental and leasing operations are listed as special uses in the G2
zoning district per Section 35-322, Subdivision 30.
The applicant has entered into negotiations with the owner of the Bridgeman's Restaurant to
lease 1,650 sq. ft. of the building to be configured as a rental office (1,200 sq. ft.} with a vehicle
wash bay (450 sq. ft.). The owner of the building has recently downsized the restaurant to a 29
seatlfour employee facility. The owner also occupies 840 sq. ft. of the total 4,200 sq. ft. building
for general office purposes. Hertz plans to install an overhead door at the northwest corner of the
building (west elevation) in order to access the proposed vehicle wash bay. The applicant has
indicated this wash bay would be only for washing and vacuuming their vehicles. It would not
be used by the general public and they would do no servicing of vehicles at this location. The
intended space would have to be modified to accommodate their intended use through a building
permit. They would have to meet building code requirements for having vehicles within the
building and accessible restroorns. A floor plan is attached showing the proposed configuration.
The applicant has also provided a recent aerial photo of the site with dimensions on it as a
preliminary site plan. The site is 54,815 sq. ft. (i.258 acres) and contains 92 parking spaces. At
one time this was a drive in restaurant with carhops and a canopy extending out over a portion of
the rear parking area. This has not been utilized as such for a number of years but now serves as
a covered parking area for the building.
3-25-04
Page 1
The parking requirement for the buildin based on its current and ro osed occu anc would
g P P P Y
require 17 spaces for the restaurant (one space for every two seats and employees), four spaces
far the general office (one space for 200 sq. ft. of gross floor area), and eight spaces for the Hertz
operation (one space per 200 sq. ft. of gross floor area) for a total of 29 parking spaces. Even if
the entire space were converted to a retail use onl 23 arkin s aces would be re uired for
Y P g P q �S
building. Currently there is a storage shed in the rear parking lot along the north property line
that eliminates at least two parking stalls and at least two stalls, possibly three, will be eliminated
to accommodate the overhead door proposed for the Hertz wash bay. T'his will leave at least 87
parking spaces on the site.
Hertz has indicated a need for storing a ma�cimum of 20 vehicles on the site. With auto leasing
operations having on site storage of vehicles, we have required'that they have surplus parking
spaces (more than the minimum required by the zoning ordinance for a particular use) in order to
accommodate their inventory needs. The excess amount of parking on this site will more than
accommodate parking for the 20 vehicles anticipated in this proposal.
With special use permit requests such as this, the opportunity is taken to gain compliance with
zorun ordmance re uirements for develo
g ments. We have rovided the a licant with th
q p e
P PP
Landscape Point System and requested he provide us with a plan to meet this standard. This
1.258 acre site is required to have 101 landscape points. There is very little in the way of trees
and shrubs on this site. We are awaiting the landscape submittal. Also, there are currently
unscreened dumpsters in the area where the overhead doors are proposed. A trash enclosure is
also recommended as part of the approval of this special use permit.
Attached for the Commission's review is a section of 35-220, Subdivision 2, of the City
Ordinances containing the standards for special use permits. The applicant has submitted written
comments regarding these standazds and has offered various comments as to how they believe
their proposal meets these standards for special use permits. They note that their proposed
automobile rental agency will provide a community service and the site can accommodate their
proposed use. They note that the facility was formerly a drive in restaurant providing a carhop
parking area that no longer exists. They point out that the former restaurant has been downsized
making available the 1,650 sq. ft. for lease to Hertz. The note that the proposed use will have no
impact on surrounding commercial properties and that their proposed use is consistent with other
uses in the immediate area. They list how they believe they will conform with applicable
regulations noting that they will not park vehicles in the public right of way, nor will they sell
vehicles at the location, they will perform no vehicle repairs on the site and that inoperable
vehicles will not be stored on the site.
In general we find no conflict between the applicant's proposal and the standards for special use
permits provided landscaping and a trash enclosure are provided. It should be noted that
Enterprise Rent A Car has an operation in the neighboring shopping center and has posed no
known problems with respect to its operation. It does not appear that the proposed Hertz
operation will have a detrimental affect on the general public welfaze or be injurious to
3-25-04
Pa e 2
g
surrounding property nor will it impede the normal and orderly development or redevelopment of
surrounding property in the area. We believe that adequate measures have been taken to provide
necessary on site parking and the applicant will be required to meet all necessary building code
regulations with respect to tenant improvements and the construction of the overhead door.
An area that needs to be commented on involves the potential sales and display of vehieles. As
noted in the written comments from the applicant, they have no intention to display and sell their
vehicles on site. The special use permit under consideration is for rental and leasing operations
only with incidental storage and the cleaning of vehicles allowed. Vehicles should not be
displayed with banners, pennants, streamers, balloons or other attention attracting devices other
than what may be allowed through the issuance of administrative permits (limited to two such
permits per calendar year, not to exceed ten consecutive days in duration. Regulaz sale of
vehicles is also not a part of the acknowledged special use permit.
A public hearing has been scheduled and notices have been sent to surrounding property owners.
RFC`.(�MMF.NT� A TTnN
It appears that this application is in order provided the recommended conditions can be met.
Approval is, therefare, recommended subject to at least the following:
1. The Special Use Permit is granted for an automobile rental and leasing operation
with incidental outdoor storage of vehicles and a washing and vacuuming service
bay only. Any change in the use of the operation not comprehended by this
application or permitted under the zoning ordinance will require approval of an
amendment to this special use permit.
2. Building plans for tenant remodeling and an overhead door shall be reviewed and
approval by the Building Official priar to the issuance of building permits.
3. There shall be no service, repair or maintenance of leased of stored vehicles on the
site other than the washing and vacuuming of vehicles comprehended under the
approval of this Special Use Permit.
4. No banners, pennants, streamers, balloons or other attention attracting devices
may be used in conjunction with the storage and display of vehicles on this site
other than that which is authorized under administrative permits.
5.
The site shall be provided with 101 landscape points consistent with the eity s
Landscape Point System. A landscape plan indicating such compliance shall be
submitted prior to the issuance of the Special Use Permit for this auto rental and
leasing operation.
6. All outside trash facilities shall be completely screened from view using
3-25-04
Page 3
appropriate opaque materials. An appropriate plan shall be submitted prior to the
issuance of the S ecial Use Permit
for this auto rental and leasin o eration.
P g p
7. A site performance agreement and a supporting financial guarantee (based on cost
estimates) shall be submitted prior to the issuance of the Special Use Permit to
assure the compietion of the required site improvements.
8. The Special Use Permit is subject to all applicable codes, ordinances and
regulations. Any violation thereof may be grounds for revocation.
3-25-04
Page 4
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Site Summary
6201 Brooklyn Blvd.
Brooklyn Center, MN 55429
PROPERTY ID (PID) 34-119-21-43-0007
SIZE OF PARCEL 54,815 sq. ft. (1.258 acres)
APPRO�MATE PERIlVIETER 996 ft.
NUMBER OF PARKING STALLS Ninety-two (92)
INGRESS/EGRESS POINTS Five (5)
APPROXIMATE BLDG. SIZE 4,200 sq. ft.
ZONIl�tG C-2 ti
OWNER Mr. Steve Lampi
MAII.ING ADDRESS 6201 Brooklyn Blvd,
Brooklyn Center, MN 55429
USES:
1.
RESTAUR.ANT Bridgeman's
SIZE Twenty-nine (29) seats
NO. OF EMPLOYEES Four (4)
SPECIFIC USE Ice creams, sandwiches, prepared foods
2.
OFFICE (OWNER) Bridgeman's Corp Offices
OFFICE SIZE 840 sq. ft.
EMPLOYEES Four (4)
SPECIFIC USE General office space
3.
OFFICE (TENANT) The Hertz Corporation. Inc.
OFFICE SIZE 1,200 sq. ft.
WASH BAY 450 sq. ft.
TOTAL TENANT SIZE 1650 sa. ft.
ON-SITE EMPLOYEES Two (2)
SPECIFIC USE Vehicle rental agency
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City of Brooklyn Center
Special Use Permit Section 35-220
2. Standards for Special Use Permits
A Special Use Permit may be granted by the City Council after demonstration by evidence that
all of the follow'ing are met:
a. The establishment, maintenance or operation of the special use will promote and enhance
the general public welfare and will not be detrimental to or endanger the public health, safety,
morals or comfort.
The proposed use as an automobile rental agency will provide a community
service, particularly given the proximity to both the Crystal Airport and a large
number of automobile service and repair businesses in the area. The vehicle
services provided by Hertz are directed toward the insurance replacement market,
corporate accounts in Brooklyn Center and leisure travel customers.
The site can accommodate the proposed use. The site is designed as a drive-
in/dine-in restaurant with large "car-hop" pazking area in rear (west side) of the
building. (The restaurant no longer provides "car-hop" service to its customers.)
Additionally, the original 4,200 square foot restaurant has downsized making
approximately 1,650 squaze feet available for lease to Hertz
b. The special use will not be injurious to the use and enjoyment of other property in the
immediate vicinity for the purposes already permitted, nor substantially diminish and impair
property values within the neighborhood
The proposed use will have no impact on the surrounding commercial properties.
The site is an established commercial area, surrounded by other similaz
commercial properties and the proposed use is consistent with other uses in the
immediate area
c. The establishment of the special use will not impede the normal and orderly development and
improvement of surrounding property for uses permitted in the district.
The proposed use will not have undue adverse impacts on governmental facilities,
utilities, services, or existing or proposed improvements
d. Adequate measures have been or will be taken to provide ingress, egress and parking so
designed as to minimize traffc congestion in the public streets.
The size and design of the site can accommodate the proposed use. The site has
five (5) different ingress/egress points. The intersection of Brooklyn Blvd. and
62 Avenue North is a controlled intersection with left turn lanes. Primary
access to the site does not pass by any residential properties. The site contains
approximately 92 pazking spaces yielding a parking ratio of approximately 20
parkuzg spaces per 1000 square feet of building (20 cars/1000 S.F.).
e. The special use shall, in all other respects, conform to the applicable regulations of the
districl in which it is located
1) The proposed use is in compliance with the permitted uses of the C-2
zoning district in which it is located;
2) The applicant will not park vehicles in the public right-of-way;
3) The applicant will not sell vehicles at the location: rental only;
4) The applicant will perform no vehicle repairs at the site;
5) Vehicle cleaning (washing and vacuuming) will be conducted in a fully
enclosed wash-bay constructed within the building with access from the
rear of the building. The wash bay will be private and for Hertz vehicles
only and not a public car wash;
6) Inoperable vehicles will not be stored at the site;
7) Principle use will be for pick-up and drop-off of vehicles;
8) The applicant will agree to abide by a reasonable stipulation as to the
number of vehicles allowed on the site
City of Brooklyn Center
Special Use Permits Section 35-220
2. Standards for S�ecial Use Permits
A special use permit may be granted by the City Council after demonstration by evidence that all of the
following are met:
a. The establishment, maintenance or operation of the special use will promote and enhance the general
public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort.
b. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity
for the purposes already permitted, nor substantially diminish and impair property values within the
neighborhood.
c. The establishment of the special use will not impede the normal and orderly development and improvement
of surrounding property for uses permitted in the district
d. Adequate measures have been or will be taken to provide ingress, egress and pazking so designed as to
minimize traffic congestion in the public streets.
e. The special use shall, in all other respects, conform to the applicable regulations of the district in which it
is located.
3. Conditions and Reshictions
The Planning Commission may recommend and the Ciry Council may impose such conditions and restrictions
upon the establishment, location, construcrion, maintenance and operation of the special use as deemed
necess for the rotection of the ublic interest and to secure com 1'
az5' p p iance with re uirements s ecified in this
P
9 P
ordinance. In all cases in which special use permits are granted, the City Council may require such evidence
and uarantee
s as it ma
g y deem necessary as part of the condihons sripulated in connect�on therewith.
4. Resubmission
No application for a special use permit which has been denied by the City Council shall be resubmitted for a
period of twelve (12) months from the date of the final determination by the City Council; except that the
applicant may set forth in writing newly discovered evidence of change of condition upon which he relies to
gain the consent of the City Council for resubmission at an eaclicr time.
5. Revocafion and Extension of Soecial Use Permits
When a special use permit has been issued pursuant to the provisions of this ordinance, such permit shall
expire without further action by the Planning Commission or the City Council unless the applicant or his
assignee or successor commences work upon the subject property within one year of the date the special use
permit is granted, or unless before the expiration of the one year period the applicant sha11 apply for an
extension thereof by filling out and submitting to the Secretary of the Planning Commission a"Special Use
Permit" applicadon requesting such extension and paying aa additional fee in an amount as set forth by the
City Council resolution.
Special use permits granted pursuant to the provisions of a pr�or ordinance of Brooklyn Center skall expire
within one year of the effective date of this ordinance if construction upon the subject property pursuant to
such special use permit has nat commenced within that time.
In any instance where an existing and established special use is abandoned for a period of one eyar, the special
use permit related thereto shall expire one year following the date of abandonmen�
City of Brooklyn Center
Landscape Point System
1. Landscape Plantings wi11 be rovided on the site based on the oint s
P p ystem indicated below:
Planting Type Minimum S'ize Points/Planting Max. of Points
Shade trees (Deciduous, Maple, Linden, Ash, Oak, 2%s" diameter 10 50
Locust, etc)
Coniferous Trees (Pine, Spruce, Cedaz) 5' height I 6� I 40
Decorative Trees (Russian Olives, Radiant Crab, 1" diameter 1.5 35
Canada Red Che
rry, etc)
Shrubs (Dogwood, Spirea, Mockorange, Juniper, �12" diameter .5 25
Arborvitae, etc)
Points Required Per Acre
The following schedule will be used to determine the required number of points for a given site. The schedule is
cumulative so that the first two acres of any site will require points on the basis of tbe column headed "0-2"; the next
eight acres will be computed on the basis of the column headed "2-10' and, azea over ten acres will be eomputed on the
basis of #he coltunn headed "10+".
Land Area of Site in Acres
Type of Development 0-2 2-10 10+
Office I 100 80 I60
4
Restaurant/RetaiUService/Entertainment/Hotels 80 60 40
Light Industria] 75 I 60 50
Heavy Industrial I 60 I 50 I 40
Office/Industrial (Or�er 25% office) 90 70 50
I� I
Multi-Family Residential �I 90 I 75 60
�Eaamnles ��'��i�''�� ��,"+���I:� �kN�ivr, �w;� "���i��'"��Yq��i y�� �wy!wr��i� d�' s. I�, 'I�� w ';���3�'���+ �N�r� m"�i��«-�;gi w �-�r��.,
i(■!� rr �P''a `�'�'���r�� h� 9` �:e'4 v�?-",��`� n
n ({y Ty �k �°:���'i� T �y 1 F P Q i '?''T� s" g
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�cres a�1U�:�1�4(ac�e �8a uSZQ �oi�its� �U- r
J=.t �.�as e�e ..w I,� e.
�����aw�� i i 1" 4 3`�'� �r Y 4'�u�G 6t�h �Fi T'I�w. f�a�4 w 3 ri w�W6 Y ���t�. ���i.'y` ��3 ,������F��� �'x: 9 h i
p I$' 'I ._r� �Fa �i=S:IF�k�'��""�.y 'fi s .11�f' "4�µnha�� 14tl ��y 4 9 d y�
p ��e cr�r�ta��"����u�r,an�� �.ac��s� '�usA�,�acres� �lr �uaq: cr�s� ��4�=���4�b�polni�`�������;����
•��'�+eYra�maxa�m �""'°Wu+i 4 �ti:mu:w�um�wc�wr�iw�luu�c�,w��6��Ir5u:'�.:.�,�,-rY:.o�, }d'�'�aNue �ww�.a."`r�'ir�,v_a Y �$a5�,
2. The above point system in no way substitutes for the screening and buffer requirements set forth in the Zoning
Ordinanee. Plantings used for screening purposes will be accorded points, but fulfilling the paint requirements will
not obviate the requirements for screening.
3. Mature existing trees will be accorded points on the basis of the above point schedule. A bonus equal up to the full
value of a given planting may be granted by the Commission for the preservation of large existing plantings.
4. All green azeas on a site will be sodded except in areas where viable turf exists and is totally undisturbed by
construction. The burden will be on the developer to prove at the time of a site inspection that such viable turf, in
fact, exists and has been properly maintained.
5. All greenstrips adjacent to an interior property line will be a minimum of 5 ft. in width except in cases where special
buffer provisions apply.
Landscape Point System 3-01
MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION
OF THE CITY OF BROOKLYN CENTER 1N THE COUNTY OF
HENNEPIN AND THE STATE OF MINNESOTA
STUDY SESSION
MARCH 25, 2004
CALL TO ORDER
The Planning Commission meeting was called to order by Chair Willson at 7:31 p.m.
ROLL CALL
Chair Tim Willson, Commissioners Stephen Erdmann, Rex Newman, Sean Rahn, Dianne Reem,
and Tim Roche were present. Also present were Secretary to the Planning Commission/Planning
and Zoning Specialist Ronald Warren, Community Development Director Brad Hoffinan, and
Planning Commission Recording Secretary Rebecca Crass. Graydon Boeck was absent and
excused.
ADMINISTER OATH OF OFFICE
Mr. Warren administered the Oath of Office to Tim Roche.
APPROVAL OF MINUTES JANUARY 15. 2004
There was a motion by Commissioner Newman, seconded by Commissioner Erdmann,
to approve the minutes of the January 15, 2004, meeting as submitted. The motion passed.
Commissioner Roche abstained as he was 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. 2002-006 STEVE LEWIS (HERTZI
Chair Willson introduced Application No. 2004-006, submitted by Steve Lewis, a request for
special use permit approval to operate an automobile rental and leasing operation with out of
door storage of vehicles at 6201 Broaklyn Boulevard.
Mr. Warren presented the staff report describing the location of the property and the proposal.
{See Planning Commission Information Sheet dated 3-25-04 for Application No. 2004-006,
attached.) The property is zoned G2 (Commerce) and automobile rental and leasing operations
are listed as special uses in the C-2 zoning district.
Commissioner Newman inquired if the Enterprise Rent A Car service located in the general area
had the same requirements for a special use permit and landscape requirements. Mr. Warren
responded that they did go through a similar process several years ago.
3-25-04
Page 1
Commissioner Erdmann asked if curb and gutter would be required along the Brooklyn
Boulevard green strip. Mr. Warren responded that typically the City has not required curb and
gutter improvements for an application such as this one but rather is a requirement as part of a
development plan or significant modification to the parking lot.
Commissioner Rahn inquired if the current landscape requirements had been on the site in the
past. Mr. Warren explained that it is a method currently used to evaluate landscape requirements
on a site when certain improvements/changes in use are proposed and such requirements were
not enforced at the time the original building was constructed which was about 40 years ago.
PUBLIC HEARING APPLICATION NO. 2004-006
There was a motion by Commissioner Newman, seconded by Commissioner Rahn, to open the
public hearing on Application No. 2004-006, at 8:05 p.m. The motion passed unanimously.
Chair Willson called for comments from the public.
Mr. Steve Lewis, Hertz Corporation, asked for questions from the Commissioners. Chair
Willson asked the applicant to explain his landscape plan. Mr. Lewis responded that there was
some confusion on his part with the landscape requirements and he is working with the
landlord/owner of the building to come to an agreement as to who will be responsible for
additional landscaping.
Mr. Steve Lampi, stated that he is the owner of 6201 Brooklyn Boulevard. He added that he has
been making improvements to the property and pointed out existing landscaping and asked for
consideration by the Commission in lowering the requirements for landscaping.
Mr. Warren explained that at the time the application was accepted, the landscape plan was
incomplete, however, he felt that the necessary information would be forthcoming and meet
landscape requirements. He stated that it might be appropriate to waive the percentage of types
of landscaping required but not the number of points required. Also, the applicant would be
given credit for any existing landscaping.
Commissioner Rahn stated t
hat he a ees wh 1
gr ol y with the landscape requirements for this site
and nothing less than the recommended 101 points should be accepted.
Commissioner Erdmann suggested modifying some of the allowable percentage of shrubs and
trees which might make it easier to meet the Landscape Point System requirements.
Commissioner Willson stressed the importance of being consistent with all applicants and not
setting a precedent by allowing changes to the Landscape Point System requirements.
Commissioner Rahn stated that a landscape plan should be presented to the Commission for
review before allowing changes to the percentage requirements.
Commissioner Newman inquired about the use and lighting of the canopy. Mr. Lewis stated that
since the canopy is there, they would use the area for parking only.
3-25-Q4
Page 2
Commissioner Reem asked about signs on the site and also questioned what kind of screening of
the dumpster area had been proposed. Mr. Warren responded that the dumpster screening plan
was omitted from the plan submitted but should contain an opaque screening device of sufficient
height to block the view of the trash containers. Mr. Lewis stated there are signs planned and he
will contact city staff for approvals on all signs.
No other persons from the public appeared before the Commission during the public hearing on
Application No. 2004-006.
CLOSE PUBLIC HEARING
There was a motion by Commissioner Newman, seconded by Commissioner Reem, to close the
public hearing on Application No. 2004-006, at 8:23 p.m. The motion passed unanimously.
The Chair called for further discussion or questions from the Commissioners. The
Commissioners interposed no objections to approval of the Application.
ACTION TO RECQMMEND APPROVAL OF APPLICATION NO. 2004-006 STEVE
LEWIS (HERTZI
There was a motion by Commissioner Newman, seconded by Commissioner Rahn, to
recommend to the City Council that it approve Application No. 2004-006, submitted by Steve
Lewis of Hertz for a Special Use Permit to operate an automobile rental and leasing operation
with out of door starage of vehicles at 6201 Brooklyn Boulevard subject to the following
conditions:
1. The S
pecial Use Permit is granted far an automobile rental and leasing operation
with incidental outdoor storage of vehicles and a washing and vacuuming service
bay only. Any change in the use of the operation not comprehended by this
application or permitted under the zoning ordinance will require approval of an
amendment to this special use permit.
2. Building plans for tenant remodeling and an overhead door shall be reviewed and
approval by the Building Official prior to the issuance of building permits.
3. There shall be no service, repair or maintenance of leased of stored vehicles on
the site other than the washing and vacuuming of vehicles comprehended under
the approval of this Special Use Permit.
4. No banners, pennants, streamers, balloons or other attention attracting devices
may be used in conjunction with the storage and display of vehicles on this site
other than that which is authorized under administrative permits.
5. The site shall be provided with 101 landscape points consistent with the city's
Landscape Point System. A landscape plan indicating such compliance shall be
submitted prior to the issuance of the Special Use Permit for this auto rental and
leasing operation.
3-25-04
Page 3
6. All outside trash facilities shall be completely screened from view using
appropriate opaque materials. An appropriate plan shall be submitted priar to the
issuance of the Special Use Permit for this auto rental and leasing operation.
7. A site performance agreement and a supporting financial guarantee (based on cost
estimates) shall be submitted prior to the issuance of the Special Use Permit to
assure the completion of the required site improvements.
8. The Special Use Permit is subject to all applicable codes, ordinances and
regulations. Any violation thereof may be grounds for revocation.
Voting in favor: Chair Willson, Commissioners Erdmann, Newman, Rahn, Reem and
Roche. The motion passed unanimously.
The Council will consider the application at its April 12, 2004 meeting. The applicant must be
present. Major changes to the application as reviewedby the Planning Commission will require
that the application be returned to the Commission for reconsideration.
STUDY ITEM: MORATORIiJM ON CHURCHES AND RELIGIOUS USES IN
COMMERCIAL AND 1NDUSTRIAL ZONES
Mr. Warren described the area where a moratorium on church and religious uses has been
established. Following adoption of an ordinance by the City Council, this matter is now being
referred to the Planning Commission for study and recommendations. Mr, Warren further
explained the newly established Central Commerce Overlay District and pointed out the
limitations on uses in this area.
The moratorium is set to expire in June 2004. The expectation is to expand the central
commerce overlay district to include all of the uses that could be comprehended in the expanded
commercial area. The identified area would be excluded from church and religious uses.
Brad Hoffinan, Community Development Director, explained that the Metropolitan Council has
defined this area as part of the Opportunity Site/Livable Communities Site and involves the
"shifting" of retail to the south of the Opportunity Site and reserving the north side of the site as
more of a town center concept with a mix of housing and retail. He explained that this
moratorium and study came about after several inquiries from church/religious groups regarding
purchasing core retail buildings in this area and developing them for church uses, which could
have a profound impact upon the City's ability to redevelop this area.
A discussion followed regarding the affected area and the Commissioners voiced their opinions
on the moratorium and proposed zoning change as well as the lack of mixed housing as an
allowable use in this area.
Mr. Warren explained the Planning Commission's role in establishing a draft ordinance
amendment regarding allowable uses in the CC Central Commerce Overlay District.
3-25-04
Page 4
Commissioner Newman suggested simplifying the zoning of this area by eliminating an
underlying zoning designation within the CC Central Commerce District and creating a new
zoning designation for this area.
Mr. Warren commented that this entire area would have the same zoning designation of CC
Central Commerce District.
Chair Willson recommended adoption of the ordinance with the addition of transportation
centers as an allowable use.
ACTION TO RECOMMEND APPROVAL OF AN ORDINANCE AMENDING CHAPTER 35
REGARDING ALLOWABLE USES IN THE CC CENTRAL COMMERCE DISTRICT
There was a motion by Commissioner Erdmann, seconded by Commissioner Roche, to
recommend approval of an Ordinance Amending Chapter 35 Regarding Allowable Uses in the
CC Central Commerce District to include modifications discussed. The motion passed
unanimously.
Voting in favor: Chair Willson, Commissioners, Erdmann, Newman, Rahn, Reem, and
Roche.
OTHER BUSINESS
Mr. Warren explained that the application submitted by the Osseo School District is still on hold.
There was no other business.
ADJOURNMENT
There was a motion by Commissioner Newman, seconded by Commissioner Rahn, to adjourn
the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at
10:00 p.m.
Chair
Recorded and transcribed by:
Rebecca Crass
3-25-04
Page 5
City Council Agenda Item No. l0a
City ot'
BROOKLYN
CENTER
MAYOR'S PROCL.AMATION
WHEREAS, Daniel Burns is a member of Boy Scout Troop #454� and
WHEREAS, Daniel Burns has achieved the Eagle Scout rank, which is the highest
advancement rank within the Boy Scout organization; and
WHEREAS, to earn the Ea�le Scout rank, a Boy Scout must fulfill several requirements in
the areas of leadership, service, and outdoor skills and must earn at least 2i
merit badges and plan, manage, and perform a pre-approved community
service project; and
WHEREAS, it is highly appropriate to recognize the achievements and service of Eagle
Scout Daniel Burns.
NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of
Minnesota, do hereby congratulate Daniel Burns on achieving Scouting's highest honor, the
rank of Eagle Scout.
Februarv 22. 2ooa
Date Mayor
ATTEST:
City Clerk
City of
BROOKLYN
CENTER
MAYOR'S PROCL,��MATION
WHEREAS, Zachary Rawson is a member of Boy Scout Troop #4�4; and
WHEREAS, Zachary Rawson has achieved the Eagle Scout rank, which is the highest
advancement rank within the Boy Scout organization; and
WHEREAS, to earn the Eagle Scout rank, a Boy Scout must fulfill several requirements in
the areas of leadership, service, and outdoor skills and must earn at least 2�
merit badges and plan, manage, and perform a pre-approved community
service project; and
WHEREAS, it is highly appropriate to recognize the achievements and service of Eagle
Scout Zachary Rawson.
NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of
Minnesota, do hereby congratulate Zachary Rawson on achieving Scouting's highest honor,
the rank of Eagle Scout.
Februarv 22. 2ooa
Date 1Vlayor
ATTEST:
City Clerk
City Council Agenda Item No. lOb
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION EXPRESSING APPRECIATION TO THE BROOKLYN CENTER
ROTARY FOR THEIR DONATION OF $6,000 FOR THE POLICE
DEPARTMENT'S PURCHASE OF DEFIBRILLATORS
WHEREAS, the Brooklyn Center Rotary has presented to the City a cash donation
of $6,000. The donation wiil be used by the City to purchase defibrillators for use in the Police
Department; and
WHEREAS, the City Council is appreciative of the donation and commends the
Brooklyn Center Rotary for its civic efforts.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, upon the recommendation of the City Manager:
1. Acknowledges the donation with gratitude.
2. Appropriates the donation to the corresponding activity budget.
Abril 12, 2004
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.
��pOKIYN CElyr
BROOKLYN CENTER
POLICE DEPARTMENT
POL{CE
MEMOR;ANDUM
TO: Michael McCauley, City Manager
FROM: Scott Bechthold, Chief of Police
SUBJECT: City Council Resolution to Brooklyn Center Rotary
DATE: Apri17, 2004
Attached please find a Council resolution expressing appreciation to the Brooklyn Center Rotary
for their donation of $6000.00 to the City. The donation will be used by the police department to
purchase automatic external defibrillators.
City Council Agenda Item No. 1Qc
�,L
PROCLAMATION
DECLARING APRIL 17, 2004, AS "DO." DAY
WHEREAS, numerous studies have shown that Americans are having increasing
difficulty in keeping themselves physically fit, leading to increased
costs for health care, shorter periods of vitality, and in some cases
shorter lives; and
WHEREAS Blue Cross an Blu
d e Shield of Minnesota and the American Heart
Association have launched the "Do." Physical Activity Campaign,
designed to increase physical fitness and wellness through
encouraging three ten-minute activity periods per day; and
WHEREAS, in Brooklyn Center, the Shingle Creek Trail and the extensive park
trails should make adherence to the "Do." Program easy and fun; and
WHEREAS the oal of "Do." is ro en a e Brookl n Center residents in h sical
g g g Y P Y
activity and encourage citizens to think about how they can add
active elements every day; and
WHEREAS, participation in the "Do." Program will hopefully help decrease
incidences of cardiovascular disease.
NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of
Minnesota, with the consent and support of the Brooklyn Center City Council, do
hereby proclaim April 17, 2004, at "Do." Day.
Abril 12, 2004
Date Mayor
ATTEST:
City Clerk
City Council Agenda Item No. lOd
a
PROCLAMATION
DECLARING APRIL 22, 2004, EARTH DAY IN BROOKLYN CENTER
WHEREAS, a sound natural environment is the foundation of a health society
and a robust economy; and
WHEREAS, local communities can do much to reverse environmental degradation
and contribute to building a healthy society by addressing such
issues as energy use, waste prevention, and sustainable practices;
and
WHEREAS, Earth Day 2004 offers an unprecedented opportunity to commit to
building a healthy planet and flourishing communities.
NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of
Minnesota, with the consent and support of the Brooklyn Center City Council, do
hereby proclaim:
1. April 22, 2004, is Earth Day in Brooklyn Center.
2. The City of Brooklyn Center commits itself to undertaking programs and
projects that enhance the community's natural environment.
3. The City Council hereby reaffirms its commitment and encourages
residents, businesses, and institutions to use Earth Day 2004 to celebrate
the Earth and to commit to building a sustainable society by initiating or
expanding existing programs which improve energy efficient, reduce or
prevent waste, and promote recycling.
Date Mayor
ATTEST:
City Clerk
MEMORANDUM
DATE: April 7, 2004
TO: Michael J. McCauley, City Manager
FROM: Joyce CTulseth, Public Works Administrative Aide
SUBJECT: Staff Report Re: Earth Day and the Great Shingle Creek Watershed Cleanup
Brooklyn Center and five other cities that make up the Shingle Creek Watershed will celebrate
Earth Day 2004 with the "Great Shingle Creek Watershed Cleanup". Beginning Saturday, April
17th through Saturday, Apri124 hundreds of volunteers from Plymouth to the Mississippi River
will line the banks of Shingle Creek, as well as city parks, trails and streets, picking up
everything from pop cans and auto parts to building materials and household appliances.
The "Great Shingle Creek Watershed Cleanup" meets one of the public involvement and
participation requirements of the National Pollutant Discharge Elimination System (NPDES)
Phase II Education and Public Outreach Program. The event not only educates persons that trash
or other contaminants in the streets, parks, and shorelines eventually end up in our lakes, rivers
and streams but also provides opportunities for the public to become involved in the protection of
water quality. Mayor Myrna Kragness will give a brief presentation of the event at the regular
session of the Council on April 12
Many of the 37 groups affiliated with the Brooklyn Center
CELEBRATE,��
Adopt-a-Park/TraiUStreet program will concentrate on a
cleanup of their assigned sites during the week. Groups and ���RTH DAY
individuals not already connected with a park, trail or street
will be assigned to a nearby park, creek, open space or parkway to pick up trash and debris. On
Saturday, April 17 Brooklyn Center City officials, commissioners and employees will be
distributing trash bags and cotton gloves as well as coffee, juice and treats at the Brooklyn Center
Community Center to kick off the official clean up. More than 300 volunteers are expected to
participate in the weeklong event.
The Watershed has provided the attached flyer for distribution to all elementary students in
Brooklyn Center and for posting in public places.
The proclamation for the Great Shingle Creek Watershed Cleanup Week was presented to
Council on March 22, 2004. The following proclamation is included far Council consideration:
Proclamation declaring April 22, 2003, as Earth Day in Brooklyn Center.
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Participating cities' contacts
Brooklyn Park Jay Lotthnmmer 763-493-8345
Brooklyn Center Joyce 6ulseth 763-569-3327
Crystnl Rebeccn Brown 763-531-1143
Plymouth Mnrgie Vigoren 763-509-5507
Robbinsdale Russ Fawbush 763-537-4534
See back for your city's details
The GREAT
SHINGLE CREEK
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�CLEA N UP!�
Apri l 17 2004
���e� 9 a .�m to Noon
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�t:
Meet nt the
'�r 6rooklyn Center
Community Center
6301 Shingle Creek Pkwy
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On Saturday April 17 please join hundreds of people in cleaning up
the Shingle Creek Watershed. If this land is polluted, our river will be too.
That's why we need your help keeping the watershed clean.
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Call the City of Brooklyn Center at 763-569-3327 and you will be assigned to a nearby park,
creek, open space or parkway to pick up trash and debris. Start out the morning at the Brooklyn
Center Community Center with coffee, juice and rolls. We will hand out free trash bags and
gloves and take a photo of your group before you clean your designated site
Come dressed for the weather. We'll work in light rain.
Only public access areas will be cleaned.
Youth under age 18 must volunteer with an adult.
Adults may bring a ruke to retrieve items from water's edge.
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If you can't make it on April 17th you can still participate anytime during Earth Week N April
17 to 24 CaII Joyce Gulseth at the City of Brooklyn Center at 763-569-3327 and she will
assist you in finding a place to work. If you have a small group such as a scout troop or youth
organization, we'II help by providing gloves and bags.
Cit Council A enda Item No. 10e
Y g
City of Brooklyn Center
A Millennium Community
MEMORANDUM
TO: Mayor Kragness, Co cilmembers Carmody, Lasman, Niesen, and Peppe
FROM: Michael J. McCauley
DATE: Apri17, 2004
SUBJECT: Quiet Zone for Azelia venue Railroad Crossing
Following the recent City Council Work Session, Mr. Blomstrom pursued options for working on a request to
the Federal Government for a quiet zone to preclude the use of railroad horns at the Azelia crossing. Among
the items considered were using City staff by potentially augmenting summer st�ng, using consulting
personnel, and combination of those approaches. The concern that was expressed at the Work Session was the
need for engineering staff to focus on the current engineering projects, development ofthe next iteration ofthe
Capital Improvement Plan, bring as-builts up to date, dealing with reduced staffing levels, and preparing to
under take the additional project in 2005 of conducting a feasibility study to connect Lilac Drive pursuant to
Mr. Lang's request and the City Council's direction.
The work plau proposal for the City Council would have Mr. Boganey assume the coordinating function far
interfacing the results of the fieldwork with Mr. LeFevere and other coordinating efforts. Mr. Blomstrom
would coordinate the technical wark with SEH Consulting. Attached is a proposal received from SEH wherein
an on-staff expert in this matter would undertake to do the field work and preparation of technical
documentation for us. The largest impact that existed for stafftime was the need to invent the wheel of how to
approach these matters, the regulations, and identifying the appropriate contacts in the Federal Government and
in the Canadian Pacific Railroad. Since SEH has done this on a repetitive basis, they can undertake this in
significantly fewer hours then it would take City staff to bring themselves up to the same level of familiarity
with both the appropriate contact persans and the applicable regulations. The proposal from SEH has an
estimated budget of $2,000. We would estimate that a contingency should be included in that amount
depending on the exact extent of public meetings or follow through necessary and there would also be charges
from the City Attorney's office to draft the appropriate documents.
I would recommend that the City Council approve a proposed work plan that would authorize engaging SEH to
conduct the technical work that would be coordinated by Mr. Blomstrom and then in turn coordinated by Mr.
Boganey with respect to tlie publication requirements and interfacing with legal drafting, etc. to minimize the
impact on Mr. Blomstrom's time while we are trying to get this year's construction projects underway. The
current City Council budget in professional services provides sufficient funds two facilitated Council Retreats.
The cunent year's plan is for only one Retreat. Thus, if the Council accepted this recommendation, I would
recommend that the funding be taken from the City Council's budget under the professional services category.
The proposed work plan would be to authorize hiring SEH to conduct technical work and provide assistance in
preparing and seeking authorization to create a quiet zone at the Azelia railroad crossing. Under the proposed
plan, SEH would be engaged as soon as possible and work would commence to be prepared to submit an
application to the Federal Government as soon as would be possible which is anticipated to be in December of
2004.
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
March 10, 2004 RE: City of Brooklyn Center, Minnesota
Railroad Quiet Zone
SEH No. P-BROCT0405.00
Mr. Todd Blomstrom
Director of Public Works
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center MN 55430
Dear Mr. Blomstrom:
The City of Brooklyn Center has the desire to implement a railro�d Quiet Zone for the Azelia Avenue grade
crossing using the Federal Railroad Administration's (FRA) Interim Final Rules on Use of Locomotive
Horns at Highway-Rail Grade Crossings. SEH is pleased to provide this proposal to help the City obtain a
Quiet Zone designation for this crossing by completing the application tasks and documentation required by
FRA.
Background
The Canadian Pacific (CP) Railroad operates a mainline track through Brooklyn Center with 24 trains per
day using the track. The Azelia Avenue grade crossing was established in 2002 as a replacement for the
France Avenue crossing. France Avenue was closed to accommodate the reconstruction of the CP railroad
bridge over Highway 100. The Federal Inventory Number assigned to this crossing is 696401X.
In 1994, Congress passed a law requiring the use of locomotive horns at public grade crossings. In 2000, the
FRA developed draft rules which would grant the local communities a process to eliminate locomotive
horns. In December of 2003, the FRA issued Interim Final Rules that became effective December 18, 2004.
These rules allow local communities to define "Quiet Zones" and with eertain engineering and enforcemenf
activities, allow for the suspension of the locomotive horns.
Through studies and data analyses, the FRA has determined that railroad signals with gates in conjunction
with center medians, four quadrant gates or one-way streets are sufficient to provide adequate supplemental
safet at these ade crossin s.
Y g
The FRA rules require a series of steps for implementation of a quiet zone. They include a field inspection by
a diagnostic team to determine what safety devices are at the crossings and what safety devices are needed at
the crossing; deternune the quiet zone length; update of DOT inventory data; establish a public agency
responsible for the quiet zone; determine the Quiet Zone Risk Index; design and construct the necessary
supplemental safety devices, and notify the FRA and Railroads when a quiet zone commences.
Scope of Services
SEH proposes the following scope:
1) Meet with City staff, Canadian Pacific (CP) Rai�road, and Mn/DOT to deternune the quiet zone
limits and what will be needed to bring Azelia Avenue into compliance.
2) Field review of the Azelia Avenue crossing for purposes of updating the inventory information and
the adequacy of the supplemental safety devices in place.
3) Send to Mn/DOT and CP updated inventory information.
Short Elliott Hendrickson Inc., 3535Vadnais Center Drive, St. Paul, MN 55I10-5I96
SEH is an equal opportunity employer www.sehinc.com 651.490.2000 800.325.2055 651.490.2150 fax
Mr. Todd Blomstrom
March 10, 2004
Page 2
4) Recammend improvements (if needed) to bring supplemental safety devices into compliance with
the FRA rules and grepare cost estimates for the work.
5) Meet with City staff to discuss recommendations and possible changes to City ordinances.
6) Make presentation to City Council on recommendations.
7) Develop a draft application letter for the City to submit to FRA and CP Railroad for creation of
Quiet Zone.
8) Write final report.
Team
Dave McKenzie will be the Project Manager for this work. Dave has almost 30 years experience working in
the railroad industry, and has worked on several quiet zone projects in Minnesota. He has been working with
the CP and FRA in other communities to bring their grade crossings into cornpliance.
Schedule
Work could begin within two weeks of authorization and be completed in 60 days.
Compensation
We propose to be compensated on an hourly basis for the scope of work proposed. Compensation will be at
the hourly cost of personnel plus reimbursable expenses, including reproductions and mileage. The total
estimated cost far the work described above is $2,000.
Thank you for the opportunity to propose on this work. If you find the terms of this proposal satisfactory,
please sign both copies of this letter, authorizing us to proceed, and return one copy to SEH. If approved
below, this letter will serve as the Supplemental Letter Agreement as set forth in the Agreement for
Professional Services dated March 12, 2001. If you have any questions, please do not hesitate to contact me
at 651.490.2042.
Sincerely,
SHORT ELLIO H�NDRICKSON INC.
j
C :�y` l�'/Y j(�^
Dave McKenzie PE an Mas
on, PE
Project Manager P mcipal
c: John Parotti, SEH
Accepted this day of 2004.
CITY OF BROOKLYN CENTER, MINNESOTA
B
Title:
City Council Agenda Item No. 10f
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION RELATING TO NORTHWEST HENNEPIN HUMAN SERVICES
COUNCIL; AUTHORIZING THE EXECUTION AND DELIVERX OF AN
AMENDED JO1NT AND COOPERATIVE AGREEMENT
WHEREAS, the City is a party to the j oint and cooperative agreement (Agreement)
establishing an organization known as Northwest Hennepin Human Services Council (NWHHSC).
The Agreement is originally dated December 1975, and was amended March 20, 1989, to include a
portion of the City of Plymouth; and
WHEREAS, NWHHSC was created as an organization through which the parties
may jointly and cooperatively coordinate the provision of human services, both publicly and
privately, in the cities represented by the member parties; and
WHEREAS, the Board of Directors of NWHHSC has recommended that it is
necessary and desirable that the Agreement be amended to clarify certain procedures of NWHHSC
including requiring member parties to give notice of their intent to leave the NWHHSC; and
WHEREAS, all parties that are included in the 1989 Agreement must approve any
amendments to the Agreement; and
WHEREAS, there has been presented to this Council a form of the Arnendment to
the Agreement; this Amendment is on file with the City Clerk and it attached hereto; and
WHEREAS, it is found and determined that it is in the best interest of the City that
the Agreement be amended as proposed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center as follows:
1. That the form of the Amendment is appraved.
2. That the City Clerk is authorized and directed to deliver the Amendment to
NWHHSC.
Anril 12, 2004
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the faregoing resolution was duly seeonded 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.
TO: City Managers
Cc: City Council Members
FROM: Kathleen J. Roach, Executive Director
Northwest Hennepin Human Services Council
DATE: Monday, March 29, 2004
RE: Adoption of Resolution
Attached, please find a"second" draft of the revised NWHHSC joint powers agreement
with a few additional changes from what was sent out to you on March 5, 2004. In your
packet of information, you also have the original joint powers agreement and the
resolution that needs to be passed by your city counciL
The NWHHSC Executive Board recently reviewed the joint powers agreement that was
created by the 15 northwest Hennepin Cities in 1975. The Board is recommending the
agreement with changes to the following Articles:
1) Page 1 addition of section 6- "Active Member" shall mean a member who is
obligated to provide funding for the Northwest Hennepin Human Services
Council during a specified budget year.
2) Page 2 addition of section 7- Inactive Member shall mean a member who
complies with the provisions of Article VIII, Section 2 and is relieved of the
obligation to provide funding for the Northwest Hennepin Human Services
Council during a specified budget year.
3) Page 4 Article V Section 10-change the word "shall" to may.
4) Page 6 Article VIII Section 2-Addition of the third and fourth sentences-A
member may elect to become an Inactive Member by giving written notice to the
Executive Director by September 30 of the year preceding the budget year for
which the member will be on inactive status. Any member that does not give
timely written notice is an Active Member and is obligated to provide financial
support in the amount specified by the annual budget.
5) Page 6 Article IX Section 1-Rewording of entire section-Any member party may
withdraw from the Northwest Hennepin Human Services Council by giving
written notice of withdrawal. A party withdrawing from membership at a time
when such withdrawal does not result in dissolution of the organization sha11
forfeit its claim to any assets of the organization. Withdrawal from the
organization does not relieve the withdrawing member of its financial obligation
for the budget year in which the notice is given or, unless the notice complies with
Article VIII, Section 2, for the following budget year.
6) Page 7 Article X Section 1 Take (a) out completely, "aggregate withdrawals of
member parties representing more than one-half of the Northwest Hennepin
Human Services Council area population occurs". Leave in (b) by a two-thirds
vote of all members of the Board.
7) Page 9—Addition of Article XIV. Amendment- This Agreement may be
amended by mutual agreement of all member parties who are Active Members for
the year in which the amendment is made. Notice of all proposed amendments
must be provided to all member parties prior to the adoption of the amendment,
and adopted amendments must be mailed to all member parties. Any Inactive
Member who elects to become an Active Member after the adoption of an
amendment is deemed to consent to the amendment.
Based on legal counsel, in order to make the joint power agreement binding, all 15 cities
must adopt this resolution. This includes the cities that are no longer joint members.
NWHHSC continues to serve as the regional planning council that covers the entire
northwest Hennepin region. The NWHHSC Executive Board is requesting that the
attached resolution be adopted by your city council no later than May 15, 2004. Once the
resolution has been passed, please send me a copy so I have it on file. Please feel free to
call me at 763-493-2802 if you have questions. Thank you
Amended
JOINT AND COOPER.ATIVE AGREEMENT
NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL, INC.
The parties to this Agreement are governmental units of the State of Minnesota. This
agreement is made pursuant to Minnesota Statues. Section 471.59.
ARTICLE I. GENERAL PURPOSE
Section 1. The general purpose of this Agreement is to create an organization
through which the parties may jointly and cooperatively coordinate the providing of human
services, both publicly and privately, in the territory of the parties.
Section 2. It is the intention of the parties that the organization created by means of
this Agreement shall be the successor to the Northwest Human Services Council, presently
existing and operating within the territory of the parties, and that this Agreement shall provide
for an orderly transition and transfer of the management, assets and control of the Northwest
Human Services Council.
ARTICLE II. DEFINITION OF TERMS
For the u ose of the A reement the terms defined in this Article shall have e
P iP g �h
meanings given them as follows:
Section l. "Northwest Hennepin Human Services Council" shall be the organization
created pursuant to this Agreement and the successor to the Northwest Hennepin Human
Services Council.
Section 2. `Board" shall mean the Board of Directors of the Northwest Hennepin
Human Services CounciL
Section 3. "Governmental UniY' shall mean a city or township.
Section 4. "Party" shall mean a governmental unit which enters into this agreement.
Section 5. "Human Services" shall include but not be limited to services and
facilities to deal with an serve human needs relating to mental health, drug and alcohol abuse,
family counseling, shelter, nursing and home health assistance, health education, primary health
care, daycare, and other related matters.
Section 6. "Active Member" shall mean a member who is obligated to provide
funding for the Northwest Hennepin Human Services Council during a specified budget
year.
Section 7. "Inactive Member" shall mean a member who complies with the
provisions of Article VIII, Section 2 and is relieved of the obligati�n to provide funding for
the Northwest Hennepin Human Services Council during a specified budget year.
ARTICLE III. PARTIES
Section 1. The Governmental units eligible to become parties to this Agreement are:
Brooklyn Center Dayton New Hope
Brooklyn Park Golden Valley Osseo
Champlin Hanover Plymouth (no. of 55)
Corcoran Hassan Township Robbinsdale
Crystal Maple Grove Rogers
Section 2. Any governmental unit desiring to enter into this Agreement may do so by
the duly authorized execution of a copy of this Agreement by its proper officers. Thereupon, the
clerk or other corresponding officer of the governmental unit shall file a duly executed copy of
the Agreement, together with a certified copy of the authorizing resolution or other action, with
the Executive Director of the Northwest Human Services Council. The resolution authorizing
the execution of the Agreement shall also designate the first director and alternate director for the
member.
ARTICLE IV. BOARD OF DIRECTORS
Section 1. The governing and policymaking responsibilities of the Northwest
Hennepin Human Services Council shall be vested in its Board of Directors, which shall control
its property, be responsible for its finances, and direct its affairs. Each party shall be entitled to
one director who shall have one vote for each 1,000 or fraction thereof of the party's current
population as determined by the Metropolitan Council ar by special census.
Section 2. Each party shall also be entitled to one alternate director who shall be
entitled to attend meetings of the Boazd and who may vote in the absence of the party's director.
Section 3. Directors and alternate directors shall be appointed by the governing body
of each party. Parties should appoint as director, persons who aze interested in human services,
and who can act in behalf of the cities they represent. Directors and alternates shall serve
without compensation from the Northwest Hennepin Human Services Council, but this shall not
prevent a party from providing compensation for its director or alternate director if such
compensation is authorized by such governmental unit and by law.
Section 4. There shall be no voting by proxy, but all votes must be case in person at
Board meetings by the director ar his alternate.
2
Section 5. Directors and alternate directors shall be appointed to serve until their
successors are appointed and qualified.
Section 6. When the governing body of a party appoints a director or alternate
director it shall give notice of such appointment to the Northwest Hennepin Human Services
Council in writing.
Section 7. Any director or alternate director shall serve at the pleasure of the
governing body of the appointing party.
Section 8. A majority of the votes attributable to the parties shall constitute a quorum
of the Board.
Section 9. The members of the Advisory Commission shall be entitled to attend
Board meetings.
ARTICLE V. POWERS AND DUTIES OF THE BOARD
Section 1. The powers and duties of the Board shall include the powers set forth in
this Article.
Section 2. It may employ a person to act as Executive Director of the Board and may
employ such other persons as it deems necessary to accomplish its poyvers and responsibilities.
Any such persons may be employed on a full-time, part-time, or consulting basis, as the Board
may determine.
Section 3. It may make such contracts as the Board deems necessary and advisable to
make effective any power to be exercised by the Board pursuant to the provisions of this
Agreement.
Section 4. It may provide for any of its employees to be members of the Public
Employees Retirement Association and may make any required employer contributions to that
organization and any other employer contributions which municipalities are authorized or
required by law to make.
Section 5. It shall establish an annual budget for the Northwest Hennepin Human
Services Council.
Section 6. It may invest or reinvest funds not needed for current operating expenses,
if any, in the manner applicable by law to cities. It shall not at any time incur obligations in
excess of funds then available to it.
Section 7. It shall make a financial accounting and report to the parties at least once
each year and its books and records shall be audited annually and be available for and open to
examination by the parties at all reasonable times.
3
Section 8. It may accept gifts, apply for and use grants or loans of money or other
property from the State, Hennepin County, or any other governmental units or organizations and
may enter into agreements required in connection therewith and may hold, use, and dispose of
such monies or property in accordance with the terms of the gift, grant, loan or agreement
relating thereto.
Section 9. It may contaet for space, materials, services, and supplies with a member
party or elsewhere.
Section 10. It may appoint one of its members to serve as liaison to the Ad�isory
Commission.
Section 11. It shall have the power to enter contracts with other agencies, companies,
or individuals to provide services according to the recommendations found it its human services
plan as comprehended herein.
Section 12. It may provide, within its resources, for the indernnification of directors,
officers, and employees against reasonable costs and expenses incurred by any of such persons in
connection with any action, suit, or proceeding in which he may be involved by reason of his
having been a director, officer, or employee, except amounts paid or payable to the Board itself,
and except in relation to matters as to which he shall be finally adjudged in any action, suit, or
proceeding to have been derelict in the performance of his duties as such director, officer, or
employee. Such indemnification need not be exclusive of other rights to which any such person
would be entitled as a matter of law.
Section 13. It may conduct research and investigation regarding existing and possible
future human services facilities and programs and may develop a proposed plan for the rendering
of human services.
Section 14. It may prepare an inventory of human services facilities, services, and
agencies, both public and private, available to persons being or residing in the territory of the
parties. It may make an evaluation of any existing or proposed human service programs, may
call attention to human services needs and to redundant human services programs, and may
undertake to stimulate, encourage, and coordinate human services programs, public and private,
within the territory of the parties.
Section 15. It may exercise any other power necessary and incidential to the
implementation of its powers and duties under the provisions of this agreement.
ARTICLE VI. MEETINGS ELECTION AND DUTIES OF OFFICERS
Section 1. At the first meeting of the Board of Directors of the Northwest Hennepin
Human Services Council and at the annual meeting of the Board each even-numbered year
thereafter, the Board shall elect from its members a chairman, a vice-chairman, and a secretary-
4
treasurer. New officers shall take office at the adjourntnent of the annual meeting of the Board at
which they are elected.
Section 2. A vacancy shall immediately occur in the office of any officer upon his
resignation, death, or otherwise upon his ceasing to be a representative af his governmental unit.
Upon vacancy occurring in any office, the Executive Committee shall fill such position until the
next meeting of the Board.
Section 3. The three officers shall all be members of the Executive Committee.
Section 4. The chairman shall preside at all meetings of the Board and the Executive
Committee. The vice-chairman shall act as chairman in the absence of the chairman.
Section 5. The secretary-treasurer shall be responsible for keeping a record of alI the
proceedings of the Board and the Executive Committee, for custody of all funds, for the keeping
of all financial records of the organization and for such other matters as shall be delegated to him
by the board. Any persons may be engaged to perform such services under his supervision and
direction when authorized by the Board. He shall post a fidelity bond or other insurance against
loss of organization funds in an amount approved by the Board at the expense of the
organization.
Section 6. At the organizational meeting or as soon thereafter as it may reasonably be
done, the Board shall adopt bylaws governing its procedures, including the time, place,
frequency and notice of its regular meetings and the manner of calling special meetings. Such
bylaws sha11 provide for an annual meeting of the Board in January and at least one other
meeting of the Board in July of each year. Such bylaws may be amended from time to time by a
majority of the votes attributable to all parties.
ARTICLE VII. EXECUTIVE COMMITTEE
Section 1. Until such time that the Board of Directors reaches maximum membership
of all eligible municipalities (14 members) the Board of Directors will act as the Executive
Committee to conduct all regular business of the Northwest Hennepin Human Services Council.
Section 2. The Executive Committee shall exercise the powers and perform the
duties delegated to it by the Board of Directors, subject to such conditions and limitations as may
be imposed by the Board.
Section 3. The Executive Committee of the Board shall consist of the chairman, vice-
chairman, and secretary-treasurer of the Northwest Hennepin Human Services Council, plus two
other Board members, and one member of this five person committee shall be from a member
municipality having less than 7500 population, as determined by the Metropolitan Council or
special census.
5
Section 4. The chairman of the Advisory Commissian, or his/her designee becomes a
voting member of the Executive Committee at all regular and special meetings of that body.
Section 5. The Executive Committee may adopt bylaws governing its own
procedures, including the time, place, frequency, and notice of its regular meetings and the
manner of calling special meetings, all of which shall be subject to this Agreement, bylaws of the
Board, and any resolutions or other directives of the Board.
Section 6. Members of the Executive Committee shall each have one vote.
Section 7. The Executive Committee shall cause to be prepared a proposed annual
budget each year which shall be submitted to the Board of Directors for approval and adoption at
the July meeting.
ARTICLE VIIL FINANCIAL MATTERS
Section 1. The fiscal year of the Northwest Hennepin Human Services Council shall
be the calendar year.
Section 2. An annual budget shall be adopted by the Board at its meeting in July of
each year. Copies shall be mailed, promptly thereafter, to the chief administrative officer of each
member party. A member may elect to become an Inactive Member by giving written notice
to the Executive Director by September 30 of the year preceding the budget year for which
the member will be on inactive status. Any member that does not give timely written notice
is an Active Member and is obligated to provide financial support in the amount spec�ed
by the annual budget.
Section 3. Organization funds may be expended by the Board in accordance with
procedure established by laws for the expenditure of funds by statuory cities. Orders, checks,
and drafts shall be signed by the chairman or vice-chairman and countersigned by the secretary-
treasurer. Other legal instruments shall be executed on behalf of the Board by the chairman and
secretary-treasurer.
Section 4. Contracts shall be let and purchases made in conformance with the legal
requirements applicable to contracts and purchases of statutory cities.
ARTICLE IX. WITHDRAWAL
Section 1. Any member party may withdraw from the Northwest Hennepin
Human Services Council by giving written notice of withdrawal. A party withdrawing
from membership at a time when such withdrawal does not result in dissolution of the
organization shall forfeit its claim to any assets of the organization. Withdrawal from the
organization does not relieve the withdrawing member of its financial obligation for the
6
budget year in which the notice is given or, unless the notice complies with Article VIII,
Section 2, for the following budget year.
ARTICLE X. DISSOLUTION
Section 1. The organization shall be dissolved by a two-thirds vote of all current
members of the Board.
Section 2. Upon dissolution the remaining assets of the organization, after payment
of all obligations, shall be distributed among the then existing member parties in proportion to
their contributions, as determined by the Board. If there have been no such contributions, the
assets of the organization shall be reiurned to Hennepin County.
ARTICLE XI. DURATION
Section l. This Agreement shall continue in effect indefinitely, until terminated in
accordance with its terms.
ARTICLE XIL EFFECTIVE DATE
Section 1. This agreement shall become effective upon its execution by parties
representing 67% of the current total population embraced within the Northwest Hennepin
Human Services Council area.
ARTICLE XIII. ADVISORY COMMISSION
I Section 1. Upon the effective date of this Agreement there shall hereby be created a
Northwest Hennepin Human Services Council Advisory Commission.
Section 2. The scope of activity of the Commission shall consist of advising the
Northwest Hennepin Human Services Council regarding human services matters and performing
various duties and assuming responsibilities delegated by the Board of Directors.
Section 3. In fulfillment of its purpose and as authorized by the Board of Directors,
the general duties and responsibilities of the Commission shall be to:
(1) recommend service goals, policies, program priorities, objectives and
standards for the service area.
(2) promote area agency coordination, communication and role clarification.
7
(3) review program alternatives and recommend to the Board of Directors.
(4) monitor and guide task forces appointed to provide in-depth study of
specific programs or social problems.
(5) advise the Boazd of Directors on the annual work plan and budget
requirements.
(6) publicize availability of services.
Section 4. The Commission shall consist of two members appointed by the governing
body of each party having a current population of at least 7500 and one member from each
of those parties having time less than 7500 population.
Section 5. At its meeting in January, 1977, and at the January meeting of the
Commission each odd-numbered year thereafter, the Commission sha11 elect from its members a
chairman, a vice-chairman, and a recording secretary. The chairman shall preside over meetings
of the Commission, represent the Commission before the Council and provide liaison with other
governmental and volunteer organizations engaged in human services activities. The chairman
may be removed from office by the Council Executive Committee subject to confirmation by the
Council Board. The vice-chairman shall perform such duties as may be assigned by the
chairman and shall assume the chair in the absence of the chairman. The recording secretary
shall record the minutes and maintain other records of the Commission.
Section 6. Commissioners shall be appointed for terms of two yeazs except that any
person appointed to fill a vacancy occurring prior to the expiration of the term for which his
predecessor was appointed shall be appointed only for the remainder of such term, Upon
expiration of his term of office a member shall continue to serve until his successor is appointed
and shall have qualified. Commissioners shall serve without compensation.
Section 7. Commissioners may resign voluntarily and other than the chairman may
be removed from office by a majority vote of the governing body of the appointing party.
Vacancies shall be filled in the manner that original appointments were made.
Section 8. In appointing persons to the Commission, the parties should give
consideration to a broad spectrum of individuals e�ibiting an interest in human services,
including health officers, health professionals, senior citizens, young adults, law enforcernent
members, members of the clergy, representatives of business and labor, ete.
Section 9. Until January 1, 1977, the first Commission shall consist of Board
members and officers of the Northwest Hennepin Human Services Councii as constituted on
December 31, 1975.
Section 10. Subject to approval by the Northwest Hennepin Hurnan Services Council
the commission shall adopt such rules and procedures not inconsistent with these provisions as
may be necessary for the proper execution and conduct of its business.
8
ARTICLE XIV. AMENDMENT
This Agreement may be amended by mutual agreement of all member parties who
are Active Members for the year in which the amendment is made. Notice of all proposed
amendments must be provided to all member parties prior to the adoption of the
amendment, and adopted amendments must be mailed to all member parties. Any Inactive
Member who elects to become an Active Member after the adoption of an amendment is
deemed to consent to the amendment.
In WITNESS WHEREOF, the undersigned parties have caused this Agreement to be
executed on their behalf.
DATE CITY OF
BY
Its Mayor
BY
Its City Manager
I
9
AGENDA
CITY COUNCIL WORK SESSION
April 12, 2004
Immediately Pollowing Regular City Council Meeting at 7:00 P.M
City Council Chambers
1. Springsted Presentation on Tax Increment Financing
2. Discussion of TaY Increment Financing directions in TIF Districts #3 and #2
3. Mayor Kragness: Group Homes
4. Council Member Niesen: Transit Strike and Transit Hub
5. Council Member Niesen: Budget
6. Rough Draft Taxi Ordinance discussion
7. Miscellaneous
8. Adjourn
r
City of Brooklyn Center
Introduction to
Tax Increment Financing
Bruce Kimmel
Springsted Incorporated
April 12, 2004
SPRINGSTED
ad�M�,« �n� r�,c� sM�.
TAX INCREMENT
FINANCING
Defined by State Statute (469
Gap financing tool
Has evolved over time
Used mainly by Cities and Counties
Provides incentive for development and
redevelopment projects
SPRINGSTED
AAvi.mrxrothrPul�licSrc�or
1
r
Tax Increment Variables/Definition
➢Base Values
Estimated Market Value (EMV)
Net Tax Capacity
Tax Capacity Rates
Tax Extension Rates
Frozen t� rates
Tax increment is the INCREASE in taxes.
SPRINGSTED
Adri.w,rs �a rhr Niblic Secrm
How are property taxes calculated?
Parcel Class Taxable
Taxable I Rate Net T�
I times I equals a acit
I -I C
Market (e.g. C p y
NTC
Value Hmstd.)
l
Taxable Local NTG
Net Tax times Tax I equals I Based
Ca acit Ca acity Property
P Y P
(NTC) Rates Taxes
SPRINGSTED
AMimrs tn tM Pnbiic Sectnr
G
l
How is TIF calculated?
Net Tax Capacity from existing land and building
value is called the Original Net Tax Capacity.
Property taxes generated by the ONTC of the
TIF district continue to flow to individual
taxing jurisdictions (e.g. City, County, ISD).
NTC growth above the ONTC is captured by the
TIF district and generates tax increment.
��J SPRINGSTED
AJvironmN�r/Sd+GeSm�nr
How is TIF calculated?
Total Total Total NTC
TMV NTC Taxes
Increase in Increase in Tax
Taxable (Captured) Increment
times
Market Net Tax Revenue
Value Capacity Cap (TIF)
Original Original Rates Taxes to
TMV NTC Entities
SPRINGSTED
n�roc<,�Ro-„a�r�miMsna�,.
3
How is TIF calculated?
Property
Taxes
�I,
I
Taxes to Other Taxing Jurisdictions
New NTC Decertification
Online Time SPRINGSTED
AMimrs�n�MPd�lkSerror
Types of TIF Districts
Redevelopment*
Renewal and Renovation
Housing
Soils Condition
Economic Development
Other
Hazardous Substance Subdistrict
Most of Brooklyn Center's TIF Districts are Redevelopment Districts
SPRINGSTED
Ad��i.�omrotl�rR�6licSrctm
4
Redevelo ment District
p
Qualifications
Improved parcels make up at least 70% of the district. To be
considered im roved at least 15% of the arcel's area must
P P
contain improvements.
More than 50% of the buildings (excluding outbuildings) are
structurally substandard to a degreerequinng substantial
renovation or clearance.
A building is not considered substandard if it could be brought up
to code at a cost of less than 15% of a comparable new building on
that parcel.
I OR
The district consists of vacant, unused, underused, inappropriately
used, or infrequently used rail yazds, rail storage facilit�es or
excessive or vacated railroad rights-of-way.
SPRINGSTED
I/.� aa�a..�,,, o-, rn� nm�M smr�.
Redevelopment District
Term
25 years after the date of receipt of first increment (26 yeazs
maximum
Restrictions
At least 90% of the increment must be used to finance the costs of
correcting conditions that allow designaUon of redevelopment
districts. These costs include but are not limited to:
Acquiring properties containing substandard improvements or
hazardous substances;
Acquiring adjacent parcels necessary to provide a site of sufficient
size to permit development;
Demolition and rehabilitation of structures, clearing of land;
Removal or remediation of hazardous substances; and
Installation of utilities, roads, sidewalks and parking facilities.
SPRINGSTED
Adv[wn �o �he PiJ 7ic Srcm•
5
Eligible Costs
Public Improvements
Land Acquisition
Soil Correction
Site Preparation/Demolition
Relocation
Financing Fees/Capitalized Interest
Administrative Costs (10%)
SPRINGSTED
Adri..r.rvroihrlhJ�UrS`.�rn.
TIF District Establishment
City Council calls for public hearing.
City sends County Commissioner notification letter.
City sends County and School District receive impact
letters and draft TIF plan.
City publishes notice of public hearing in Sun Post.
City Planning Commission reviews TIF documents.
City EDA adopts resolution approving TIF District.
City Council holds public hearing and adopts resolution
establishing TIF District.
City requests County certification, files TIF plan with MN
Department of Revenue.
Typically, this takes 45-60 days from start to finish.
SPRINGSTED
AM4.on ro Ihc Publi� Smmr
6
Financin Pro'ect Costs
g J
G.O. Tax Increment Bonds
To issue without referendum, tax increment
must contribute at least 20% of debt service.
➢Pay-as-you-go Notes
TIF costs are financed upfront by developer.
Developer is reimbursed over time.
SPRINGSTED
Advimn�o�heP�Jlic&rmr
Any Questions
Please contact Bruce Kimmel with any
questions or for more information:
Bruce Kimmel, Client Representative
Springsted Incorporated
85 East 7th Place, Suite 100
Saint Paul, MN 55101-2887
Tel: (651) 223-3021
Fax: (651) 268-5021
bkimmel sprinested.com
SPRINGSTED
nm v, m� r��,r� s.�r,,.
i
7
A rl_�2 2
04 TIF r
�VUo es 1 n
p so
Continuation of Iterative Process:
Council Discussion of Options in the focus area
designated on March l St
Council direction on next iteration of analysis
Focus on Projects
Direction on Bonding parameters
Proactive v. Reactive on acquisition
Voluntary v. involuntary
Timing
S ecial Le islation for Brookl n Center
p g Y
Various eminent domain bills pending in Legislature
L
utc me r T
o s o onl t
g
1. Review of latest iteration of ana:_ysis of TIF #3
capacity ran es ac uisition costs
g q
2. Further focusing
3. Prioritization of Pro'ects
J
1. Approaches
1. Voluntary
2. Involuntary
4. Genera-_ timeline
1. With cu� special legislation passing
2. If current legislation does not pass
x
R
ou In�rem
ent Ran
g es
g
Nomina: Cash avai:.ab:.e through end of district
With Brookdale
—$45 Million for general proj ects
$10 Million for Housing
Nomina: Cash avai: ab: _e throu h end of district
g
Wit= zout Brookdale
—$3 5 Million for general proj ects
8 Million for Housing
Amounts cannot be achieved with cash
Expenditure limits would necessitate bonds or pay as
�ou go notes
Amounts are rough gross increments generated based
on following assumptions
Summar o f B on in
d Ca aclt
y p Y
Rou CZ E stimate s
g
Without Brookdal_e
$17,900,000 General Pu ose
$4.9 Million Cash $17.9 Million Bonds
8,170,000 Housin
g
Tota:. $26,070,000
With Brookda: _e
$23,000,000 Genera:_ Pu ose
$4.9 Million Cash $23 Million Bonds
$10,400,000 Housin
g
Tota_ $33,400,000
A
ssum tlons
p
Current cash ba: _ance ro ected throu h 2004
p J g
No change in va_ _uation zero rowth
g
Increment increases/decreases in tandem with value
No change ln c: _ass rates
Increment is highly sensitive to class rates
No change in tax rates belovvi certification ear
Y
State takeover/elimination of a component of taxes
could impact rates
Intere st Rate on b onds i s b%
Go out to maximum duration of district
No recovery through sales proceeds
Rou A
c ulsitlon Ran e
g s
q
g
No rthb ro o k $4, 5 96, 075
,Across fromNorthbrook $1,826,010
Brookdale Ford $4,500,000'
Brookdale Square $6,000,000
I K-M art 5, 000, 000
Summerchas e (Centerpoint) $13,823,000' to $15,587,000
i�
I__ustratl n
ve ce arlos
In Dis trict
Brookdale Ford $4,500,000
Northbrook $4,600,000
Across fromNorthbrook $1,800,000
$10,900,000
Out o f Dis trict
I,
Brookdale Square $6,000,000
Total: $16,900,000
Ca.s h $4,987,000
'IBonds $11,913,000
o f NPV 66.45%
Ln Dis trict
Summerchas e $15,587,000
Northbro ok $4,600,000
Brookdale Ford $4,500,000
i
$24,687,000
{Jut o f Dis trict
;TotaL• $24,687,000
Ca.s h $4,987,000
'Bonds $19,700,000
o f NPV 109. 89%
I
A itl n
o a I__ustrative n r
ce a los
In Dis trict
Brookdale Ford $4,500,000'
Summerchas e $15,587,000'
$20,087,000
Out o f Dis trict
Brookdale Square $6,000,000 �I
Total: $26,087,000'
Cas h $4,987,000'
Bonds $21,100,000
o f NPV 117.70%0
!In Distriat Housing
Brookdale Ford $4,500,000','
Northbrook $4,600,000
Across fromNorthbrook $1,800,000
$4,500,000
'I Out o f Dis trict
Brookdale Square $6,000,000
Total: $10,500,000
Ca,s h $4,987,000
Bonds $5,513,000'
of NPV 30.75%
A 1
tlona_ o sts
l. �emo�_ition
2. Soi��s if an
Y)
3 �e a: fees
g
4. A raisa:_s Re� .ocation are rou :�1�
pp g y
ca` cu�ated in scenarios
A
ltlona_ Re n
ve ue s
1. Sa::_e of acc uired ro erties
p p
1. Treated as Increment
l. Either use for allowable purpose (within time
frame) or
2. Returned to all jurisdictions Less 15% or
3. Possibly available to retire debt sooner?
2. increment from deve�o ment
p
1. (a: _so doesn't inc� ude �oss of revenue durin
g
ho__ding/demo� ition period)
ext
te s
p
Furt_�Zer refinement of acc�uisition costs
1. Solicit ro osa:_s?
p p
2. Appraisa:.s`?
Fut r t
ue e s
p
Amend ��F P��an and Bud et to conform to
g
directions se�_ected
=ssue de�t
Amount and timin determined b
g y speclal
_egislation
3 year window to expend after issuance
Must expend proceeds if issued
D1 C 1
s us s on o Pr t
oecs
Vision of im act from redeve�o ment
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General thoughts
On priorities within focus area
Fiscal ranges
Time: ine
Await special legislation?
Next discussion in June?
i
B onds
With special legislation
Without
Property Acquisition
Negotiation/solicitation?
City of Brooklyn Center
A Millennium Community
To: Mayor Kragness and Council Members Carmody, Lasman, Niesen, and Peppe
From: Michael J. McCaul
City Manager
Date: April 8, 2004
Re: TIF District 3 Planning
Following the March l City Council Work Session, staff has proceeded to continue
working on identifying fiscal capacity in TIF District #3 and the options and
requirements for projects funded through TIF District #3. The work at this stage is an
iterative process that is still in the ballpark stage of cost and options.
There are several issues and unknowns. One of the largest unknowns is the future
direction of Brookdale. Brookdale remains in default under the terms of the Second
Amended and Restated Development Agreement for failing to pay 20�3 reai estate taxes.
No response has been received to the notice of default sent to (and received) Talisman by
certified mail at the beginning of the year. It is uncertain if 2 of the conditions precedent
to issuing a pay as you go note to Talisman, even if the taxes are paid, can be achieved by
Talisman prior to January l, 2005. Among those conditions precedent are the presence of
5 anchor stores of the caliber of the stores present prior to Penney's departure (Kohl's,
Marshall Fields, Sears, J.C. Penney, and Mervyn's) and not more than 20& of the
development property may be leased to other than eligible tenants. Eligible tenants do not
include dollar stores and similar discount operations.
We have prepared rough estimates of fiscal capacity for TIF District #3 using ranges with
and without Brookdale. We have also not figured the loss of increment from taking
property off tax rolis for a temporary period. But we have also not projected an increase
in increment from redevelopment. This keeps the methodology consistent, though at a
macro level of analysis.
Refining cost estimates and plan parameters will proceed based on:
City Councii direction on steps to be taken and approaches
o Ie: eminent domain v. solicit proposals
Passage ar failure of special legislation to extend period of time to expend
funds in TIF District #3
o This is critical since all of our bonding would have to issued prior to
Spring 2405: We could not wait to see what happens with pending
developments.
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
Legal opinions on the range of optians available and the required format for
meeting the 15% housing requirements.
On Monday night, we will provide a powerpoint update on amounts and projects. The
goal will be to have the Council continue to develop the focus of action. In March the
focus was narrowed to the area along 57 Further direction on prioritization along 57
would the logical next step, along with ranges and methodology of approach.
I would recommend that staff continue working consistent with the direction received
from the City Council on April 12`�' to develop scenarios and information and that the
matter be addressed again in June when we will know whether the sgecial legislation has
passed or not.
City of Brool�lyn Center
A Millennium Community
MEMORANDUM
TQ: Mayor Kragness, Councilmembers Carmod Lasman, Niesen and Peppe
FROM: Michael J. McCauley
DA`I'E: April 6, 2004
SUBJECT: Work Session Agenda It m 3
Mayor Kragness requested a updating of the City Council regarding State Laws that preempt local
ability to limit the number of group homes. I have asked the City Attorney to prepare materials
regarding this item.
6301 Shzngle 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 (�63) 569-3494
w w w. cityo fb rooklyncenter. org
470 Pillsbury Genter
200 South Sixth Street
Minneapolis MN 55402
(612) 337-9300 telephone
(612) 337-9310 fa�c
c H a R T E R E D http:!/www.kennedy-graven.com
CHARLESL. LEFEVERE
Attomey at Iaw
Direct Dial (612} 337-9215
Email: clefevete@kennedy-graven.com
April 7, 2004
VIA FACSIMILE
763 569-3494
AND U.S. MAIL
Mr. Michael McCauley
City Manager
City of Brooklyn Center
6301 Slungle Creek Pkwy
Brooklyn Center, MN 55430
Re: State Pre-emption of Zonin� ReQUlation of Grouu Homes
Dear Mike:
You asked for a letter describing the authority of the City to regulate group homes under Minnesota
law.
The authority for cities to adopt zoning ordinances found at Minnesota Statutes, Chapter 462, and,
in particular, Minnesota Statutes, Section 462.357. The City has only the authority that is delegated
to them by the legislature. In the case of the authority to zone, the legislature has decided that
municipal powers to restrict uses of certain kinds, such as group home and daycare facilities, should
be subject to certain limitations. Subdivision 7 of Section 462.357 specifically provides that certain
uses must be considered to be permitted single family uses under city zoning codes. These include:
1_ .q �r_ate licensed residential facility ser�%ing six or fewer persons;
2. A housing with services establishment registered under Chapter 144D serving six or fewer
persons;
3. A licensed daycare facility serving 12 or fewer persons; and
4: A group family daycare facility licensed under Minnesota Rules, Parts 9502.0315 to
9502.0445 to serva 14 or fewer children.
The only exception to this rule is that it does not apply to a residential facility the primary purpose
of which is to treat juveniles who have violated criminal statutes relating to sex offenses or have
been adjudicated delinquent on the basis of conduct in violation of criminal statutes relating to sex
offenses_ Subdivision 7 provides
CLL-246191 v1
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Mike McCauley Letter
Apri17, 2004
Page 2
Subd. 7. Permitted single family use. A state licensed residential fac�lity or a
housing with services establishment registered under chapter 144D serving six or
fewer persons, a licensed day eare facility serving 12 or fewer persons, and a group
family day care facility licensed under Minnesota Rules, parts 9502.0315 to
9502.0445 to serve 14 or fewer children shall be considered a permitted single
family residential use of property for the purposes of zoning, except that a residential
facility whose primary purpose is to treat juveniles who have violated criminal
statutes relating to sex offenses or have been adjudicated delinquent on the basis of
conduct in violation of criminal statutes relating to sex offenses shall not be
considered a pern�itted use.
The effect of this provision is that the State has "pre-empted" the authority of cities to prohibit these
kinds of uses in single, family zones. That is, the listed facilities must be considered to be pernutted
uses under city zoning codes. The legislature is withholding from cities the authority to refuse to
treat these uses as permitted single family uses.
The purpose of the legislature in restricting the authority of cities in this way is described in
subdivision 6a. of the same section as follows:
It is the policy of this State that handicapped persons and ehildren should not be
excluded by municipal zoning ordinances or other land use regulations from the
benefits of normal residential surroundings.
Therefore, if a given facility falls within one of the definitions noted above, the City does not have
the legal authority to treat it as anything other than a permitted single family use of the property. If
the City Council wished to have the authority to impose restrictions on such uses, it would be
necessary to secure an amendment to the statute by the legislature.
The State also imposes restrictions on the ability of cities to regulate multi-family uses. Section
462.357, Subd. 8 provides as follows:
Subd. 8. Permitted multifamily use. Except as otherwise provided in subdivision
7 or in any town, municipal or county zoning regulation as authorized by this
subdivision, a state licensed residential facility serving from 7 through l6 persons or
a licensed day care facility serving from 13 through 16 persons shall be considered a
permitted multifamily residential use of property for purposes of zoning. A
township, municipal or county zoning authority may require a conditional use ar
special use permit in order to assure proper maintenance and operation of a facility,
provided that no conclitions shall be imposed on the facility which are more
restrictive than those imposed on other conditional uses or special uses af residential
CLL-246191v1
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Mike McCauley Letter
Apri17, 2004
Page 3
property in the same zones, unless the additional conditions are necessary to protect
the health and safety of the residents of the residential facility. Nothing herein shall
be construed to exclude or prohibit residential or day care facilities from single
family zones if otherwise permitted by a local zoning regulation.
Under this authority, the legislature does give cities limited authority to require conditional use
permits for these multi-family uses. However, no condition can be imposed on the facility that is
more restrictive than tliose imposed on other conditional uses of residential property in the same
zones (unless the conditions are necessary to protect the health and safet uf the residents of tfie
residential facility). Again, if the City wished to have more authority to regulate or restrict these
kinds of uses in the City, it would be necessary to secure an amendment to this section of State law.
I should also note that there are restrictions under federai law on the authority of the City to regulate
housing. The Federal Fair Housing Aet and the Americans With Disabilities Act may prohibit the
imposition of certain local regulations even if they are authorized by State law. Therefore, even if
the City were successful in securing an amendment to State law, the ability of the City to impose
regulations may, in some cases, be restricted by Federal law.
The City of Brooklyn Center has been involved with litigation in the past, on at least two occasions,
involving attempts to regulate group homes. In one case, the court struck down the City's attempt
to regulate group homes, and in another the City reached a compromise in a legal challenge to the
City's attempt to prevent a group horne from coming into the City. These occurred, to the best of
my recollection, in the mid to late 1980s. I believe that the City Council may have made an effort to
approach the legislature to secure an amendment to the statutory restrietions noted above following
those lawsuits. I was not involved in those efforts; however, perhaps Brad or Ron would have some
recollection of any efforts of the City to secure amendment to these regulations, or former
Representative Curruthers would recall those events.
Please let me know if you have any further questions.
Very truly yours,
Charles L. LeFevere
CLL:peb
CLL-246141 v1
BR291-4
City of Brooklyn Center
A Millennium Community
MEMORANDUM
TO: Mayar Kragness, Councilmembers Ca dy, Lasman, Niesen, and Peppe
FROM: Michael J. McCauley
DATE: Apri16, 2404
SUBJECT: Work Session Agenda Item 4
Attached is a copy of an e-mail from Councilmember Niesen regarding the current Metro Transit bus
strike and the transit hub. This item is placed on the agenda for Council discussion and direction.
The information request regarding the Metro Transit bus strike would be information not maintained
by the City and wauld require undertaking a project to assemble.
The other item under Councilmember Niesen's e-mail would relate to concerns expressed by her
regarding the transit center and her request for the Council to discuss those concerns.
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
Michael'McCauley Bus Stnke 5tatist�cs Page 1:.
From: Diane Niesen
To: MMcCauley@ci.brooklyn-center.mn.us
Date: 3/26/04 9:07PM
Subject: Bus Strike Statistics
With the bus strike, I would like to gather related facts. Please do the fal�owing:
document first Metro Transit bus strike day
ensure carefully documented crime stats for our new crime reporting Brookdale section
document any reports of hardship/lower store sales at Brookdale and surrounding businesses
document any reports of significantly higher or lower number of shoppers at Brookdale and surrounding
businesses
While the bus strike is in progress, I am not inclined to moving forward with either the taking of viable
commercial property within BC, and especially the construction of additional metro area bus hubs. I would
like to discuss this at our next meeting and possibly make an emergency decision regarding current plans
for hub construction.
City of Brooklyn Center
A Millennium Community
MEMOR.ANDUM
TO: Mayor Kragness, Councilmembers Carmody, Lasman, Niesen, and Peppe
FROM: Michael J. McCauley
DATE: April 6, 2004
SUBJECT: Work Session Agenda Item 5
Attached is an e-mail from Councilmember Niesen regarding property �alues, property taxes, and
agenda discussions of finances throughout the year.
Attached also is a listing of property values as requested by Councilmember Niesen.
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
m
Michael McCauley Property Taxes and BC future q y Page 1�
From: Diane Niesen
To: MMcCauley@ci.brookiyn-center.mn.us
Date: 3/26iO4 9:41 PM
Subject: Property Taxes and BC future
We received our 2004 Property Tax Statement from Hennepin County. Here are the stats:
Payable in 2003: 2,683.42
Payable in 2004: 3,026.82
Increase: $343:40; 12.8%; $29/mo
County Portion: Up 7%
City Partion: Up 13%
In the near future, please provide:
(Piease give values in dollar amounts and percentages)
What is the increase (decrease) in value for.
1. Existing properties built on Joslyn area land (Mac and Paul Hyde)
2. Earle Brawn Farm: Inn, other selected (your choice)
3. Brookdale, including Applebees
4. Brookdale Ford
5. Brookdale Square property(ies)
6: Former Kmart (Thunder A(ley) property
7. Buildings housing City liquorstores
8. Medtronic's property within BC
9. Schmitt Music's property
10. Hilton Hotel
11. 50's Grill
12. Olive Garden
13. TGIF's
Worrisome is the idea of the phase-out of limited value for tax purposes. I will attempt to voice some
coneerns about property taxes at tomorrow's legislative breakfast but holding down taxes to reasonable
and fair increases (if any) will be a team government effort, including City level expenditures and
reimbursements.
In my opinion, it is not acceptable to think that property taxes can rise to anyJevel because there will
always be someone else to pay it:
1. Excessive tumover of home awnership negatively affects neighborhoods and schools
2. Property taxes do not have a check mechanism like income and sales taxes.
3. Too many dollars in general going to taxes reduces people's ability for safe and aesthetic upkeep of
property
4. Too many dollars in general going to taxes negatively affects family life and contributes to social decay
These concerns are only magnified by what is happening with Broakdale's current vwner. We MUST
reduce the tax load on residents and this wil� involve a variety of approaches. The sooner we begin
regular discussions about resident tax foad and BG tax base, the better.
I support dedicating regular Agenda time to finances throughout the year taking each contributing section
piecemeal so the end of the year Put-Together is as planned and efficient as possible, and allows for last
minute legislative surprises.
Is� good ecanomic times, government income is high and needs are lowered. In bad economic times,
government income is lowered, and needs are high. A problem arises when these situations are not
balanced in their overall cycles which might tip the scale far over to one side. I believe we are currently in
times where the scale is tipping precariously over to the high need side and in fact that the scale eould
M�chael McCauley Property Taxes and BC future Pa9,e 2 ;1
topple over. It is from this viewpoint that I will review our 2004 city goals and help draft them for 2005.
2002 Value 2003 V
0 0
alue 2004 Value cre
/o in ase /o increase
Pay 2003 Pay 2004 Pay 2005 Pay 03-04 Pay 04-05
J I
os n/TI F 4:
Y
Wickes 8,000,000 7,190,000 7,197,000 (10.13%) 0.10°!0
Warehousing 5,300,000 5,100,000 4,590,000 (3.77%) (10.00%)
Caribou 937,200 965,000 4,400,000 2.97% 355.96%
Joslyn Total 14,237,200 13,255,000 16,187,000 (6.90%) 22.12%
Earle Brown Heritage Center 399,900 395,900 395,900 (1.00%) 0.00%
(taxable portion only; lnn)
Brookdale:
Outlot 367,600 367,600 367,600 0.00%` 0.00%
Mervyns 5,610,000 5,610,000 5,610,000 0.00% 0.00%
Main Building/Applebees 20,000,000 45,000,000 45,000,000 125.00%0 0.00%
Marshall Fields 8,360,000 8,360,000 8,360,000 0.00% 0.00%
Pennys 3,000,000 4,400,000 4,400,000 46.67% 0.00%
Sears 7,295,000 7,548,500 7,548,500 3.47%0 0.00%
PennysAuto 150,000 155,000 155,000 3.33% 0.00%
East Parking 1,390,000 2,315,400 2,315,400 66.58% 0.00%
Kohls 3,860,000 4,160,000 4,160,000 7.77% 0.00%0
Brookdale Total 50,032,600 77,916,500 77,916,500 55.73°!0 0.00%
Brookdale Ford 3,892,000 3,400,000 3,400,000 (12.64%) 0.00%
Brookdale Square 4,800,000 4,800,000 4,800,000 0.00% 0.00%
K Mart 2,990,000 2,500,000 2,439,400 (16.39%) (2.42%)
BC Liquor #1 9,800,000 9,800,000 9,800,000 0.00% 0.00%
BC Liquor#2 exempt 1,625,000 2,449,700 N/A 50.75%a
Medtronic 10,986,000 8,699,400 8,699,400 (20.81 D.00%
SChmitt MusiC 2,330,000 2,340,000 2,340;000 0.43% 0.00%
Hilton Hotel 9,950,000 9,750,000 9,200,000 (2.01°/a} (5.64%)
50's Grill 590,500 660,000 675,000 11.77%a 2.27%
Olive Garden 1,351,900 1,460,100 1,491 8.00% 2.14%0
TGI Friday's 1,777,600 1,820,000 1,858,000 2.39% 2.09%
EMVcompare 4/2/2004
City of Brooklyn Center
A Millennium Community
To: Mayor Kragness and Council Members Carmody, Lasman, Niesen, and Peppe
From: Michael J.1VIcCauley
City Manager
Date: Apri18, 2004
Re: Rough Draft of T�i Ordinance
The Taxi ordinance is in a rough draft form for City Council review and direction on
refinement of the ordinance.
I
i
6301 Shingle Creek Parkway Reereation and Community Center Phone TDD Number
Brooklyn Center, MN 55430-2199 (763) 569-3400
City Hall TDD Number (763) 569-33D0 FAX (963) 569-3434
FAX (763) 569-3494
w ww. cityo fbrooklyncenter. org
��ou�Ya cEkr
BROOI�.I..��N CENTER
POLICE DEPARTMENT
POLICE
MEMOR;ANDLTM
TO: Michael McCauley, City Manager
FROM: Scott Bechthold, Chief of Police
SUBJECT: Taxi Ordinance
DATE: Apri17, 2004
Attached please find a draft copy of the proposed taxicab ordinance for Council review. The
police department recommends taxicab licensing by the City to ensure that the vehicles being
used are clearly identifiable, in safe operating condition, insured and the drivers are licensed and
reliable moral character. The taxicab ordinance will give us some control of these issues, with
less time constraints, by making the taxicab owner and/or driver responsible for obtaining and
supplying criminal histary checks, drivers license information, proof of insurance and vehiele
inspections.
I believe the draft ardinance provides a good starting point in the discussion toward
accomplishing the above objectives. The only concern I have is with some of the language under
Section 23-707-Disqualifications. This section defines persons who are disqualified frorn
obtaining a taxicab license. The city attorney inserted this language, and I will defer to Mr.
Lefevere to explain the rational behind it.
Not included with the draft ordinance, is the applicatiori packet that is still being`developed. The
application process will put the burden on the owner and/or driver to provide driver's license
information, criminal history, proof of insurance, and vehicle inspections versus the City having
to conduct extensive background investigations. The City will be responsible for conducting
random audits of cab company business records to ensure compliance.
CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the day of
2004, at 7:00 p.m. at City Hall, 6301 Shingle Creek Parkway, to consider
an ordinance relating to the licensing of taxicabs. Auxiliary aids for handicapped persons axe
available upon request at least 96 hours in advance. Please notify the Deputy City Clerk at 763-
569-3300 to make arrangements.
ORDINANCE NO.
AN ORDINANCE RELATING TO THE LICENSING OF TAXICABS;
AMENDING BROOKLYN CENTER CITY CODE SECTIONS 23-702, 23 703,
AND 23 704 AND ADDING NEW SECTIONS 23-706, 23-707, 23-708, 23-709,
23-710, 23-711 AND 23-712
THE CITY COUNCIL OF THE CITY OF BR40KLYN CENTER DOES ORDAIN AS
FOLLOWS:
Section 1. Brooklyn Center City Code Section 23-702 is amended as follows:
Section 23-702. TAXICAB LICENSE REQUIRED.
a. No person shall operate or nermit a taxicab owned or controlled bv that nerson to
be operated ����ic����] within the City of Brooklyn Center without [�i�;�l�i�-ir�� ��-<:�Iic� �t��i�r��
�t;r���it. ���:cc�I '����r;• i�;��:teci �:��c. ��1�trc��c�lii��r� t�ir�ac�>��� C;c����������ic�f� ��3�c� ��-it1�c��zL
cc��npl�-ir�� ��rii1� t��c z•€:k€�����°�;������t:� i�f` �a�c� �s���i��� s���ii���r��� (s�t�� ��rc>� i����� ��rt����� tI��Yr�c3f�
��e,��t�rc�i���, c�r�r-e:�° ���t��i�%�,<�.i.i�����:, ir�:;��r����c�, ���.l�ac�e; ����:�:���,�����c� ��•�l�i�;-�c: ir��;�ecti������;] havin�
first obtained a t�icab license from the Citv coverin� both the driver and the t�icab.
b. Licenses are valid from Januarv 1 to December 31.
Section 2. Brooklyn Center City Code Section 23-703 is amended as follows:
'I Section 23-703. �.��;x�1.3 1:�����'1;��"� �.��.1_�.'�I��:.; I��1_;I�.] LICENSE
APPLICATION.
[:�z� ��e.r�;���� ������1 c�ri� t�axi�;f�l� ���it(��r� i��e; £:'it�� �:.3��t�c�l�.��-t� C;e:��ter ��-it������t
I ��f�s��.��,���� ���i���� t.��xic�:i�i �-�c�:���e cl���E,� i;�s���:�� �o- �w��,trc���€���t�t�� �ir��?t�:s
C.;��mm�������.]
a. An annlication for a taxicab license must be filed with the Citv Mana�er's
desi�nee on a form nrenared bv the Citv. The annlicant must comnletelv answer
all auestions and rorovide all information reauired an the apnlication form. An
auulication bv a business orsaniza.tion mav cover more than one taxicab and more
than one driver.
ORDINANCE NO.
b. Before a lieensee mav use a new vehicle or a new driver, the licensee must file a
new or revised license annlication with all of the information reauired of vehicles
and drivers in an original anplication.
c. The Citv mav conduct anv and all necessarv investi�ations to verifv the
information on the abnlication, includin� a criminal historv and driver's license
historv inauirv on the annlicant or anv driver.
d. License renewal annlications must inciude alI of the information required in an
orieinal auplication.
Section 3. Brooklyn Center City Code Section 23-704 is amended as follows:
Section 23-704. VEHICLE REOUIREMENTS.
[�Sr<��;�� ���ia;�i�� r�����;���°�:�� i�� ;ic���t;�;°� ��„�:t.����� ����t�l ���;�tr :�i�.�i� i��:€�tif� ir��;
t���;i�.��r. �1���3�� c��a �1��: ��t�ri���° c�1` t�a�. e�-�����:1� �t��t�
���a�� �.��l�l� �:rc���� ��clf.:• i���; �1a��:;:1�:.]
a. Prior to operation in the Citv. each taxicab must meet the followin� reauirements:
L Be marked to clearlv identifv the name of the business or comnanv. the
business or comnanv telenhone number, the cab number and rates. The desi�n of
the markin� must be annroved bv the Citv Mana�er's desi�nee.
2. Be eauinned with an accurate, oneratine meter. and an oneratin� radio or
telenhone; and
3. Have nassed an insnection at a aualified service station or �ara�e that
emnlovs a master ASE (Automotive Service Excellencel Technician. The Citv
reserves the ri�ht to examine and inspect taxicabs in Citv facilities.
4. Be clean. nainted, and free from rusted metal and substantial bodv
dama�e. The vehicle must have no laose han�in� metaL bodv moldin� or chrome
strinning. The vehicle rnust ha�e all reauired fenders, bumners, doors, door
handles and li�hts. all of which must be in �ood workin� order.
b. Each licensed taxicab rnust be insnected annuallv or as otherwise reauired bv the
Citv.
ORDINANCE NO.
Section 4. The Brooklyn Center City Code is amended by adding a new Section 23-706:
Section 23 70Fi. LICENSEE MINIMUM REOUIREMENTS.
a. An apnlicant far a taxicab license must:
1. Be the owner or lessee of the vehicle or vehicles for which a license is
reauested:
2. If an individual. be at least 18 vears of aee, and if a cornoration or
assoeiation, be nronerlv chartered or authorized to do business as such under state
law: and
b. All drivers must have a valid State of Minnesota driver's license.
Section 5. The Braoklyn Center City Code is amended by adding a new Section 23-707:
Section 2 �-707. DISOUALIFICATIONS.
Excent as allowed under Minnesota Statutes. Chanter 364, the followin� nersons are
disaualified fram obtainins a taxicab license:
a. Persons convicted of a violation of Minnesota Statutes 609.185 to 609.21
(murder, criminal vehicular homicide and iniurvl:
b. Persons convicted of a violation of Minnesota Statutes 609.221 to 609.223
(assault in the first, seeond or third de�reel:
c. Persons convicted of a violation of Minnesota Statutes 609.342 to 609.3451
fcriminal sexual conduct);
d. Persons convicted of a violation of 617.23. subdivisions 2 or 3(felonv or �ross
misdemeanor indecent exnosurel:
e. Persons convicted of anv nrovision of Minnesota Statutes, Chavter 152
I (controlled substancesl that is nunishable bv a maximum sentence of 15 vears of more:
f. Persons convicted of anv nrovision of Minnesota Statutes. Chanter 169 or 169A
involvin� drivine under the influence. leavine the scene of an accident or reckless or
careless drivin�;
Persons who have been adiud�ed le�allv incombetent bv reason of inental illness,
mental deficiencv, or inebrietv:
ORDINANCE NO.
h. Persons who have been convicted of a crime of violence or theft, a sex crime, or a
crime involvin� the ille�al use of dru�s. other than crimes listed in para�raphs (al. (bL
(c), (d) or (el; and
i. Persons who have drivin� violations not listed in para�'anh (fl within five vears
prior to the license annlication.
Section 6. The Brooklyn Center City Code is amended by adding a new Section 23-708:
Section 23-708, INSLTRANCE REOUIRED.
The Citv will not issue a taa�icab license until the annlicant has filed with the Citv
Mana�er's desi�nee an insurance nolicv, a certificate of insurance or insurance binder, subiect to
annroval as to form bv the Citv Attornev. that evidences that the owner of the taxicab is insured
aeainst claims. demands or losses in the minimum amounts of $ISO.OQO for a sin�le iniurv or
death in a sin�le accident and at least $300,000 for more than one iniurv or death in a sin�le
accident and $25,000 for nronertv damaee. The bolicv must contain a clause oblieatin� the
insurer to �ive a 10-dav written notice to the citv for cancellation.
Section 7. The Brooklyn Center City Code is amended by adding a new Section 23-709:
Section 23-709. BUSINESS RECORDS.
a. The taxicab comnanv, owner. or lessee of the vehicle must maintain order slips
unon which are recorded all trins reauested showin� the time and nlace of ori�in and the
destination of each trin. Order slibs must be retained and nreserved, in chronolo�ical
order, in a safe nlace for at least the calendar vear. All arder slins must be available to
the Citv.
b. The taxicab comnanv. owner. or lessee of the vehicle must maintain current
business records. includin�. but not limited to information on all drivers and vehicles, at
their desi�nated nlace of business. Such business records must be made available for
insnection bv the Citv durin� reasonable business hours.
Section 8. The Broaklyn Center City Code is amended by adding a new Section 23-710:
Section 23-710. PROCEDURE AT CAB STANDS.
Taxicab drivers waitin� at a cab stand must allow nrosnective bassengers to freelv choose
a taxicab. Drivers mav not refer or encoura�e a nrosnective nassenger to a narticular t�icab.
ORDINANCE NO.
Section 9. The Brooklyn Center City Code is amended by adding a new Section 23-71 L•
Section 23-71 l. REVOCATION OF LICENSE.
A t�icab license mav be revoked bv the Citv Council if the licensee has violated anv
provisions of this ordinance. or state or federal law. which violation, in the Citv Council's
discretion, reflects unfavorablv on the fitness of the lieensee to offer public transuortation.
Section 10. The Brooklyn Center City Code is amended by adding a new Section 23-712:
Section 23-712. PENALTY.
Anv nerson, firm or corooration who violates anv nrovision of this Ordinance is. ubon
conviction, guiltv of a misdemeanor. The nenaltv that mav be imnosed for a misdemeanor is a
sentence of not more than 90 davs or a fine of not more than $1,000. or both.
Section 11. This ordinance shall become effective after adoption and upon thirty (30) days
fol
lowing its legal publication.
Adopted this day of 2004.
Mayor
ATTEST:
j City Clerk
Date of Publication:
Effective Date:
(Brackets indicates matter to be deleted, underline indicates new matter.)