HomeMy WebLinkAbout2004 06-14 CCP Regular Session Public Copy
AGENDA
CITY COUNCIL STUDY SESSION
June 14, 2004
6:00 P.M.
City Council Chambers
l. City Council Discussion of Agenda Items and Questions
2. Miscellaneous
3. Discussion of Work Session Agenda Items as Time Permits
4. Adjourn
CITY COUNCIL MEETING
City of Brooklyn Center
June 14, 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 are not on the
agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be
used to make personal attacks, to air personality grievances, to make political endorsements,
or for political campaign purposes. Council Members will not enter into a dialogue with
citizens. Questions from the Council will be for clarification only. Open Forum will not be
used as a time for problem solving or reacting to the comments made but, rather, for hearing
the citizen for informational purposes only.
2. Invocation 7 p.m.
3. Call to Order Regular Business Meeting
—The City Council requests that attendees turn off cell phones and pagers during the
meeting.
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. May 17, 2004 Joint Work Session with Financial Commission
2. May 24, 2004 Study Session
3. May 24, 2004 Regular Session
4. May 24, 2004 Work Session
b. Licenses
c. Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees
d. Resolution Accepting Work Performed and Authorizin Final Pa ent,
g Ym
Improvement Project No. 2004-13, Contract 2004-G, 2004 Shingle Creek Trail
Improvements
CITY COUNCIL AGENDA -2- June 14, 2004
e. Resolution Accepting Insurance Settlement far Willow Lane Park Shelter Building
f. Utility Billing Software
-Motion to approve new utility billing software.
8. Public Hearings
a. An Ordinance Amending Chapter 35 of the City Ordinances of the City of Brooklyn
Center Regarding the Manufacturing of Beer, Wine and Distilled Alcoholic
Beverages
—This item was approved for first reading on May 10, 2004; published in the official
newspaper on May 20, 2004; and is offered this evening for a 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. An Ordinance Amending Chapter 35 of the City Ordinances of the City of Brooklyn
Center Regarding Allowable Uses in the CC Central Commerce Overlay District
—This item was approved for first reading on May 10, 2004; published in the official
newspaper on May 20, 2004; and is offered this evening for a 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.
c. An Ordinance Authorizing the Sale of Certain Land in the City of Brooklyn Center
—This item was approved for first reading on May 10, 2004; published in the official
newspaper on May 20, 2004; and is offered this evening for a 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.
CITY COUNCIL AGENDA -3- June 14, 2004
d. An Ordinance Relating to the Regulation of Dangerous Dogs and Potentially
Dangerous Dogs in the City; Amending Chapter 1 of the Brooklyn Center City Code
—This item was approved for first reading on May 10, 2004; published in the official
newspaper on May 20, 2004; and is offered this evening for a 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.
e. Consideration of Application for Commercial Kennel License Submitted by Gentle
Touch Animal Sanctuary, 4900 France Avenue North
—Resolution Authorizing Issuance of a Commercial Kennel License to Gentle Touch
Animal Sanctuary, 4900 France Avenue North, Brooklyn Center, Minnesota
•Requested Council Action:
—Motion to open Public Hearing.
—Take public input.
-Motion to close Public Hearing.
—Motion to adopt resolution.
9. Council Consideration Items
a. Resolution Expressing Appreciation for Fire Relief Association Sponsorship and Fire
Department Participation in Open Houses
•Requested Council Action:
—Motion to adopt resolution.
b. Resolution Expressing Appreciation for the Donation of the Honeywell Federal
Credit Union in Support of Summer Programs
•Requested Council Action:
—Motion to adopt resolution.
c. Resolution Expressing Appreciation for the Gift of the TwinWest Chamber of
Commerce in Support of the National Night Out Activities
•Requested Council Action:
—Motion to adopt resolution.
d. An Ordinance Amending Ordinance No. 2002-11 Regarding Council Salaries for
2005-2006
•Requested Council Action:
—Motion to approve first reading and set second reading and public hearing
for July 12, 2004.
CIT
Y COUNCIL AGENDA 4- June 14 2004
e. An Ordinance Relating to City Government; Amending Section 3.10 of the Brooklyn
Center City Charter
•Requested Council Action:
—Motion to approve first reading and set second reading and public hearing
for July 12, 2004.
An Ordinance Relating to the Licensing of Taxicabs; Amending Brooklyn Center
City Code Sections 23-702, 23-703, and 23-204 and Adding New Sections 23-706,
23-707, 23-708, 23-709, 23-710, 23-711, and 23-712
•Requested Council Action:
—Motion to approve first reading and set second reading and public hearing
for July 12, 2004.
10. Adjournment
I
City Council Agenda Item l�To. 7a
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER 1N THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
JOINT WORK SESSION WITH FINANCIAL COMMISSION
MAY 17, 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
Kra nes at
s 6.30 .m.
g p
ROLL CALL
Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, and Diane Niesen.
Councilmember Bob Peppe was absent. Also present: City Manager Michael McCauley, Assistant
City Manager/Director of Operations Curt Boganey, and Deputy City Clerk Maria Rosenbaum.
Others present were Financial Commission Chair ponn Escher, and Commissioners Timothy
Elftmann, Jay Hruska, Mark Nemec, and Lawrence Peterson.
Councilmember Bob Peppe arrived at 6:46 p.m.
REVIEW OF BUDGET PRIORITIZATION FOR 2004 BUDGET
City Manager Michael McCauley reviewed the budget prioritization for the 2005 budget and
suggested that if the Council had general or specific matters that it wants reviewed and analyzed for
the budget, identification of those issues at the beginning of the budget development process aids in
that process and allows for staff to develop appropriate scenarios.
REVIEW OF 20
OS BUDGET DATES
Mr. McCauley outlined the scheduled dates for the 2005 budget:
August 16
September 13 Preliminary General Fund Levy and Budget Adoption
October 4
November 15
December 6- Truth in Taxation hearing
December 13 Budget Adoption
OS/17/04 -1- DRAFT
State law requires adoption of a preliminary tax levy by the second week of September. The final
levy may be reduced in December, but may not be increased from the amount adapted as the
preliminary levy.
Councilmember Niesen expressed that she would like to have one meeting added between now and
August 16, 2004. Councilmember Carmody suggested waiting until the Legislature ends and make a
decision at that time whether an additional meeting is needed.
OVERVIEW OF 2005 ISSUES
Mr. McCauley discussed the single largest impact for 2005 is the next phase in the implementation
of the new Local Government Aid (LGA) formula adopted by the Legislature last year. Cunent
projections indicate an additional $300,000 loss to Brooklyn Center. A three percent inerease for
real estate taxes would generate approximately $280,000. Thus, a three percent increase would not
quite replace the anticipated loss in LGA.
Councilmember Niesen expressed that she is not comfortable with putting more increases on
residential properties and that she believes the dollar amounts need to be more visible befare matters
come to the Council.
Councilmember Bob Peppe arrived at 6:46 p.m.
Council continued discussions regarding increases, the General Fund Budget, and Tax Increment
Financing Districts (TIF). Mr. McCauley informed that there are still a lot of unknowns. He
expressed that he believes that residential values will be higher by nine to ten percent than in 2004.
With commercial property increasing at a much lower rate, residential properties would likely see an
increase in their taxes even if the City did not increase its 2005 levy.
Councilmember Niesen expressed that she would like to see the total dollars estimated for
residential, commercial, and retail and that she believes it is important to see the shifts.
Councilmember Carmody discussed the trends with covering costs and questioned if the Council
should consider looking at services that the City can no longer provide. Council discussed services
in Brooklyn Center.
Council discussed the profits from City facilities. Councilmember Peppe questioned if anyone has
ever showed interest in purchasing the Centerbrook land and suggested that might be something to
consider.
Mr. McCauley questioned if the three percent range for increases in real estate taxes was reasonable.
It was the consensus of the Council to move forward with the three percent range for planning
purposes.
OS/17/04 -2- DRAFT
Mr. McCauley discussed that personnel increases would be in the three percent range to stay
competitive. Mayor Kragness questioned if there were any eontracts for more than one year. Mr.
McCauley informed that there are currently none.
PRI ORITIZATI ON/FO CUS
It was the consensus of the Council to continue with guidelines and approach the budgef for 2005
with the same approach used last year.
MISCELLANEOUS
Council discussed the Brooklyn Center Transit Groundbreaking Event that will be held on May 24,
2004.
ADJOURNMENT
A motion by Councilmember Lasman, seconded by Councilmember Carmody to adjourn the Work
Session at 8:17 p.m. Motion passed unanimously.
Cit Clerk
y Mayor
OS/17/04 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
STUDY SESSION
CITY HALL COUNCIL CHAMBERS
MAY 24, 2004
CALL TO ORDER STUDY SESSION
The Brooklyn Center �ity Council met in Study Session and was called to order by Mayor Myrna
Kragness at 6:00 p.m.
ROLL CALL
Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, and Bob Peppe.
Councilmember Diane Niesen was absent. 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.
Councilmember Diane Niesen arrived at 6:10 p.m.
CITY COUNCIL DISCUSSI.ON OF AGENDA ITEMS AND QUESTIONS
Council discussed agenda items 9a, An Ordinance Vacating a Portion of Storm Sewer Easement
Within Lot 20, Block 1, BOBENDRIERS 4 ADDITION, 7006 Halif� Avenue North; 10a,
Planning Commission Application No. 2004-007 Submitted by Frauenshuh Companies Requesting
for a Planned Unit Development Amendment to Construct a 4,195 Square Foot Dairy Queen Grill
and Chill in the North Parking Lot of Brookdale Center; 11 f, 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, 23-708, 23-709, 23-710, 23-711 and 23-712; 7d, Resolution
Approving Change OrderNo. 2, ImprovementProjectNos. 2003-01, 02, 03, and 04, Contract2003-
A, Happy Hollow Street and Utility Improvements; 11 d, Resolution Accepting Proposal and
Awarding Contract, Improvement Project No. 2004-12, Lift Station Nos. 5 and 6 Control Cabinet
Replacement; 11 e, Resolution Authorizing Aware of Contract, Brooklyn Center Improvement
Project No. 2004-06, 73` Avenue North Street, Storm Drainage and Utility Improvements; and 7b,
Licenses.
Councilmember Carmody asked that the Study and Regular Session minutes fronn May 10, 2004, be
amended to read the following with regard to the Police Sergeants budget authorization for 2004:
Study Session Minutes: Councilmember Peppe and Councilmember Carmody expressed that
they would like mare information and time to discuss the matter of amending the 2004
budget authorization for Police Sergeants.
OS/24/04 -1- DRAFT
Regular Session Minutes: Council discussed the issue, the manageable risks involved, and
the suggested solution. Councilmember Carmody expressed that she had some reservations
regarding this matter. Councilmember Peppe expressed that he would like to have more
information on the position responsibilities and would like to look at the Police Department
as a whole. Councilmember Niesen suggested job descriptions be provided so that she can
understand the responsibilities.
Councilmember Lasman asked that the Work Session minutes from May 10, 2004, be amended to
read the following with regards to the rental housing matter:
Councilmember Lasman expressed she believes with the trend of rental housing in the City
something needs to be done to maintain the quality of our housing and neighborhoods.
It was the consensus of the Council to approve the minutes as amended.
MISCELLANEOUS
There were no miscellaneous items discussed.
DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS
DISCUSSION OF WHO REVIEWS/RECOMMENDS COUNCIL SALARIES; WHO
REVIEWS/RECOMMENDS CITY MANAGER SALARY; AND THE SALARY
SETTING PROCESSES PAST AND FUTURE
Councilmember Niesen asked if these were the normal procedures used far setting Council salaries
and how the cities listed in the salary report are chosen to be comparable cities. Mayor Kragness
responded that this has been the procedure used for many years. City Manager Michael McCauley
discussed that the Financial Commission had selected the comparable cities for the salary report and
that the City Clerk completes the survey that he uses to develop a report for the Financial
Commission's review. Councilmember Carmody discussed that the comparable cities are those that
are populated within approximately 10,000 less or 10,000 more.
Councilmember Niesen informed that she would like to have more cities added to the list of
comparable cities for the salary report; and expressed her concern with the zero and two percent
salary increases for the Brooklyn Center City Council. She believes that if the Council received a
zero percent increase, then City staff should also not receive an increase in 2005.
Mayor Kragness outlined the average/median ranges from the salary report and expressed that 5he
believes the Financial Commission is in order to keep the Council's salaries competitive.
Councilmember Carmody expressed that the need to be competitive with City staff salaries is
necessary in order to keep good staff.
OS/24/04 -2- DRAFT
Mayor Kragness asked Councilmember Niesen what cities she would like added to the comparable
list for the salary report. Councilmember Niesen asked that Columbia Heights, Robbinsdale, and
Maple Grove be considered.
Councilmember Carmody suggested that she discuss this matter with the Financial Commission and
inform them of the request for the additional cities for the salary report.
It was the consensus of the Council to have Councilmember Carmody discuss this matter with the
Financial Commission.
COUNCIL DIRECTION ON SALARY RECOMMENDATION FROM FINANCIAL
COMMISSION
Mr. McCauley requested direction from the Council on the recommendation for Council salaries.
Councilmember Carmody, Councilmember Lasman, and Mayor Kragness suggested moving forward
with the Financial Commissions recommendation.
ADJOURNMENT
A motion by Councilmember Carmody, seconded by Councilmember Lasman to adjourn the Study
Session at 6:45 p.m.
City Clerk Mayor
OS/24/04 DRAFT
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
REGULAR SESSION
MAY 24, 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, Diane Niesen, and Bob
Peppe. 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.
No one wished to address the Council.
2• INVOCATION
Father Shannon, St. Alphonsus Parish, offered the Invocation.
3• CALL TO ORDER REGULAR BUSINESS MEETING
The Brooklyn Center City Council met in Regular Session and was called to order by Mayor Myrna
Kragness at 7:02 p.m.
4• ROLL CALL
Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Bob
Peppe. Also present were City Manager Michael McCauley, Assistant City Manager/Director of
Operations Curt Boganey, Public Works Director/City Engineer Todd Blomstrom, Planning and
Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and Deputy CiTy Clerk Maria
Rosenbaum.
5• PLEDGE OF ALLEGIANCE
The Pledge of A11e iance was recited.
g
OSI24/04
1 DRAFT
6. COUNCIL REPORT
Councilmember Carmody reported on the Earle Brown Days Events that will take place June 24
through June 26, 2004.
Councilmember Lasman reported that she attended the Willow Lane Rededication on May 14, 2004;
the Crime Prevention Meeting on May 19, 2004; and the Crime Prevention Golf Tournament on May
21, 2004; and announced that The Crossings will be sponsoring a senior golf tournament at
Centerbrook Golf Course.
Councilmember Niesen announced that she was looking for volunteers to help with the second phase
of the Twin Lake Restoration Proj ect on June 4, 2004, and that anyone interested should contact her.
Mayor Kragness reported that she attended the Association for Rental Management (ARM) meeting
on May 13, 2004. She expressed the importance of these meetings and encouraged all owners and
rental managers to attend future ARM meetings. On May 18, 2004, she attended the Success by Six
event held at the Cross of Glory Church.
7. APPROVAL OF AGENDA AND CONSENT AGENDA
There was a motion by Councilmember Carmody, seconded by Councilmember Peppe to approve the
agenda and consent agenda with the requested amendments to the May 10, 2004, study, regular, and
work session minutes. Motion passed unanimously.
7a. APPROVAL OF MINUTES
A motion by Councilmember Carmody, seconded by Councilmember Peppe to approve the May 3,
2004, Board of Appeal and Equalization and the May 10, 2004, study, regular, and work session
meeting minutes with the following amendments:
Study session minutes: Councilmember Peppe and Councilmember Carmody expressed that
they would like more information and time, to discuss the matter of amending the 2004
budget authorization for Police Sergeants.
Regular session minutes: Council discussed the issue, the manageable risks involved, and
the suggested solution. Councilmember Carmody expressed that she had some reservations
regarding this matter. Councilmember Peppe expressed that he would like to have more
information on the position responsibilities and would like to look at the Police Department
as a whole. Councilmember Niesen suggested job descriptions be provided so that she can
understand the responsibilities.
Work session minutes: Councilmember Lasman expressed she believes with the trend of
rental housing in the City something needs to be done to maintain the quality of our housing
and neighborhoods.
OS/24/04 -2- DRAFT
Motion passed unanimously.
7b. LICENSES
A motion by Councilmember Carmody, seconded by Councilmember Peppe to approve the
following list of licenses. Motion passed unanimously.
MECHANICAL
Fireside Hearth Home 2700 Fairview Avenue North, Roseville
Fi h
s& LaBeau Si ns Inc
g 3320 Winpark Drive, Crystal
Marsh Heating A/C 6248 Lakeland Avenue North Brookl Park
Yn
Northwest Sheetmetal Co. 110 Sycamore Street West, St Paul
Zahl-Petroleum Maintenance 3101 Spring Street Northeast, Minneapolis
RENTAL
Renewal:
7215 Girard Avenue North Rebecca Thomley
Group Home
5/11/04 Stolen Auto report
1/16/04 Crimes against family
7/25/03 911 hang up call
6/14/03 911 hang up call
5/28/03 Crime against family
InitiaL•
5807 Drew Avenue North Drew Kabanuk
Zero police calls for service in last 12 months
The following license is approved subject to the conditions listed:
LIOUOR CLASS D ON-SALE INTOXICATING. SUNDAY. AND SPECIAL 2 A.M.
Coyote Grille 2101 Freeway Boulevard
[Subject to Building Official issuance of Certificate of Occupancy and payment of license fees]
7c. APPROVAL OF SITE PERFORMANCE REDUCTION FOR DOUGLAS
METAL SPECIALTIES, 4906 AND 4912 FRANCE AVENUE NORTH
A motion by Councilmember Carmody, seconded by Councilmember Peppe to approve site
performance reduction far Douglas Metal Specialties, 4906 and 4912 France Avenue North. Motion
passed unanimously.
7d• RESOLUTION APPROVING CHANGE ORDER NO. 2, IMPROVEMENT
PROJECT NOS. 2003-01, 02, 03 04, CONTRACT 2003-A, HAPPY
HOLLOW STREET AND UTILITY IMPROVEMENTS
OS/24/04 -3- DRAFT
RESOLUTION NO. 2004-71
Councilmember Carmody introduced the following resolution and moved its adoption:
RESOLUTION APPROVING CH�INGE ORDER N0. 2, IMPROVEMENT PROJECT NOS. 2003-
O1, 02, 03 04, CONTR.ACT 2003-A, HAPPY HOLLOW STREET AND UTILITY
IMPROVEMENTS
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Peppe. Motion passed una�imously.
8. APPEARANCES
8a. KATHLEEN ROACH, NORTHWEST HENNEPIN HUMAN SERVICES
COUNCIL EXECUTIVE DIRECTOR
Valerie Jones, Northwest Hennepin Human Services Council Assistant Director, on behalf of
Kathleen Roach, addressed the Council to discuss the report previously distributed on contributions,
to discuss current projects, and to inform that their offices will soon be located in Brooklyn Center.
She expressed special thanks to Tracy Groves, Audrey Harris-Blount, Curt Boganey; and the City
Council for their involvement with Northwest Hennepin Human Services CounciL
8b. MARY PERKINS, REACH FOR RESOURCES DIRECTOR
Mary Perkins, Reach far Resources Director, addressed the Council to discuss the fact sheet included
with the materials and to request that the City Council consider reinstatement of funding for their
program of adaptive recreation for citizens with disabilities. She informed that there were citizens
that would like to speak to the CounciL
Fred Daugherty, Gary Johnson, and Brian Walsh all addressed the Council individually to ask that
the Council reinstate funds in the 2005 budget. Mr. Walsh expressed that he would like to be able to
participate in sporting events again.
Josephine Berge from Maple Grove spoke on behalf of her daughter Terri-Ann Darniani that lives in
Brooklyn Center and asked that the Council consider the young adults that need this program and
requested that the Council consider reinstating funding for 2005.
Councilmember Niesen expressed thanks to those who spoke and informed that she would like to
consider these requests.
DRAFT S
OS/24/04 4-
9• PUBLIC AEARING
9a. AN ORDINANCE VACATING A PORTION OF STORM SEWER
EASEMENT WITHIN LOT 20, BLOCK 1, BOBENDRIERS 4TH A.DDITION,
7006 HALIFAX AVENUE NORTH
City Manager Michael McCauley discussed that this ordinance vacation of storm sewer easement
would vacate the portion of easement that overlaps the existing residential structure. Sufficient
easement area would remain within the lot to provide for maintenance access to the existing storm
sewer pipe and sidewalk located along the southern property line.
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 Carmody, seconded by Councilmember Lasman to close the Public
Hearing. Motion passed unanimously.
ORDINANCE NO. 2004-08
Councilmember Lasman introduced the following ordinance and moved its adoption:
AN ORDINANCE VACATING A PORTION OF STORM SEWER EASEMENT WITHIN LOT 20,
BLOCK l, BOBENDRIERS 4TH ADDITION, 7006 HALIFAX AVENUE NORTH
The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember
Carmody.
Councilmember Niesen questioned if this would impact the homeowner on this property. Public
Works Director/City Engineer Todd Blomstrom responded that it will and that the homeowner had
requested this ordinance vacation.
Motion passed unanimously.
10. PLANNING COMMISSION ITEM
10a. PLANNING COMMISSION APPLICATION NO. 2004-007 SUBMITTED BY
FRAUENSHUH COMPANIES. REQUEST FOR A PLANNED UNIT
DEVELOPMENT AMENDMENT TO CONSTRUCT A 4,195 SQ. FT. DAIRY
QUEEN GRILL AND CHILL IN THE NORTH PARKING LOT OF
BRO�KDALE CENTER. THE PLANNING COMMISSION
RECOMMENDED APPROVAL OF TAIS APPLICATION AT ITS MAY 13,
2004 MEETING.
OS/24/04 -5-
DRAFT
L RESOLUTION REGARDING DISPOSITION OF PLANNING
COMMISSION APPLICATION NO. 2004-007 SUBMITTED BY
FRAUENSHUH COMPANIES
Mr. McCauley discussed that Planning Commission Application No. 2004-007 was submitted by
Frauenshuh Companies requesting for a Planned Unit Development (PUD) amendment to construct a
4,195 square foot Dairy Queen Grill and Chill in the north parking lot of Brookdale Center.
Planning and Zoning Specialist Ron Warren outlined Planning Commission Application No. 2004-
007 and informed that the application was recommended for approval by the Planning Commission
subject to the following considerations and conditions:
The Planned Unit Development Amendment is compatible with the standard purposes and
intent of the Planned Unit Development section of the City's Zoning Ordinance.
The Planned Unit Development Amendment will allow for the utilization of the land in
question in a manner which is compatible with, complimentary to and of comparable intensity
to adjacent land uses as well as those permitted on sunounding land.
The utilization of the property as proposed under the Planned Unit Development Amendment is
considered a reasonable use of the property and will conform with city ordinance standards
except for allowing a less than 15 ft. green strip along the County Road 10 right of way. This
modification from the C-2 standards is justified on the basis of the development being an
appropriate redevelopment of this area and that it is offset or mitigated by factors contained in
the approved site plans and City Council Resolution No. 99-37.
The Planned Unit Development Amendment is considered compatible with the
recommendations of the City's Comprehensive Plan for this area of the city.
The Planned Unit Development Amendment appears to be a good utilization of the property
under consideration and the redevelopment and rejuvenation of the Brookdale Regional Mall
are an important long-range use for existing property and are considered to be an asset to the
community.
In light of the above considerations, it is believed that the Guidelines for Evaluating Rezonings
contained in Section 35-208 of the City's Zoning Ordinance are met and that the proposal is,
therefore, in the best interest of the community.
The building plans are subject to review and approval by the Building Official with respect to
applicable codes prior to the issuance of permits.
Grading, drainage, utility and erosion control plans are subject to review and approval by the
City Engineer prior to the issuance or pernuts.
e
OS/24/04 -6- DRAFT
A site performance agreement and supporting financial guarantee in an amount to be
determined based on cost estimates shall be submitted prior to the issuance of permits to
assure completion of all required site improvements.
B-612 curb and gutter shall be provided around all parking and driving areas.
Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be
appropriately screened from view.
The building is to be equipped with an automatic fire extinguishing system to meet NFPA
standards and shall be coruiected to a central monitoring device in accordance with Chapter 5
of the City Ordinances.
Underground irrigation shall be installed in all landscaped areas to facilitate site
maintenance.
Plan approval is exclusive of all signery which is subject to Chapter 34 of the City
Ordinances. Only wall identification signs consistent with ordinance requirements are
allowed for this development.
An as built survey of the property, improvements and utility service lines shall be submitted
to the City Engineer prior to the release of the performance guarantee.
The applicant and owner shall enter into a PUD agreement with the City of Brooklyn Center
to be reviewed and approved by the City Attorney prior to the issuance of permits. Said
agreement shall acknowledge the Planned Unit Development Amendment and shall be filed
with the title to the property prior to the issuance of building permits for this development.
The agreement shall further assure compliance with the development plans submitted with
this application.
The garden wall or similar treatment should be extended southeasterly along Brookdale's
property line to control pedestrian traffic.
Councilmember Carmody questioned if the concrete will be done for the future building proposed
next to Dairy Queen. Mr. Warren discussed that all drive lanes and curb and gutter will be
established with the Dairy Queen construction. If a problem would arise in the future Dairy Queen
would have to pull their drive lane back and this would come before the Council if needed.
Councilmember Niesen expressed that she would like to see more concrete reductions and
questioned what the Planning Commission discussed for landscaping. Mr. Warren discussed that the
Planrung Commission did not have much discussions regarding landscaping since the landscaping
plans go back to the original PUD.
5/24/04 -7- DRAFT
Councilmember Niesen questioned if the site is handicapped accessible for those coming across the
street from the future transit hub and the fencing that will be placed along the Bass Lake Road side.
Mr. Warren responded that handicapped curbing at crosswalks already exists and that the fencing
along Bass Lake Road is for aesthetics and not for security purposes. Councilmember Niesen
questioned if there would be anyway that fencing along Bass Lake Road would be able to be stone or
concrete. Mr. Warren discussed that it is late in the process for something like that at this time.
Mayor Kragness expressed that she believes this Dairy Queen will be a good addition to Brooklyn
Center.
Councilmember Lasman questioned if the wall that is being considered will be something like the
wall at the Applebee's location. She believes that wall has been working and looks well: Mr.
Warren responded that the wall by Dairy Queen would be just like the wall by Applebee's.
RESOLUTION NO. 2004-72
Councilmember Lasman introduced the following resolution and moved its adoption:
RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION
NO. 2004-007 SUBMITTED BY FRAUENSHUH COMPANIES
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Carmody. S
An employee from Midas Auto Service addressed the Council on behalf of the owner to object to the
plans for the drive-thru at Dairy Queen. They believe the drive-thru restricts the needed parking
spaces for Midas Auto Service. Mayor Kragness informed that the developer had indicated that they
would wark with Midas Auto Service on this matter.
Motion passed unanimously.
1L COUNCIL CONSIDERATION ITEMS
lla. RESOLUTION DECLARING EARLE BROWN DAYS AS A CIVIC EVENT
FROM JUNE 24 THROUGH JUNE 26, 2004
Councilmember Carmody read the Resolution Declaring Earle Brown Days as a Civic Event from
June 24 through June 26, 2004.
RESOLUTION NO. 2004-73
Councilrnember Lasman introduced the following resolution and moved its adoption:
RESOLUTION DECLARING EARLE BROWN DAYS AS A CIVIC EVENT FROM JUNE 24
THROUGH JIJNE 26, 2004
OS/24/04 -8- DRAFT
The motion for the adoption of the fore oin resolution was dul seconded b
g g y y Councilmember
Carmody. Motion passed unanimousl
Y
llb. RESOLUTION AUTHORIZING LETTER OF UNDERSTANDING
BETWEEN THE CITY OF BROOKLYN CENTER AND CENTERPOINT
ENERGY
Mr. McCauley discussed that this resolution would authorize a Letter of Understanding between the
City of Brooklyn Center and CenterPoint Energy to treat CenterPoint Energy in the same fashion as
Northern States Power (NSP) Company when it comes permit fees related to the use of right-of-way.
Councilmember Niesen questioned if this would relieve any other fees for CenterPoint Energy. Mr.
McCauley discussed that CenterPoint will have to pay a11 other application fees and that this does not
exempt them for taxes.
Mr. McCauley noted that the word electric needed to be amended to gas throughout the resolution.
RESOLUTION NO. 2004-74
Councilmember Carmody introduced the amended resolution and moved its adoption:
RESOLUTION AUTHORIZING LETTER OF UNDERSTANDING BETWEEN THE CITY OF
BROOKLYN CENTER AND CENTERPOINT ENERGY
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Peppe. Motion passed unanimously.
llc. RESOLUTION AUTHORIZING AMENDMENT TO AGREEMENT NO.
83632-R WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION
FOR STREET LIGHTING ALONG FRANCE AVENUE AT TRUNK
HIGHWAY 100
Mr. McCauley discussed that this amendment to the agreement with the Minnesota Department of
Transportation (Mn/DOT) would transfer the operation and maintenance of five streetlights to the
City upon completion of the project. The five streetlights would be included with the operation and
maintenance of the existing streetlight fixtures currently being maintained within the City.
RESOLUTION NO. 2004-75
Councilmember Lasman introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING AMENDMENT TO AGREEMENT NO. 83632-R WITH THE
MINNESOTA DEPARTMENT OF TR.ANSPORTATION FOR STREET LIGHTING ALONG
FRANCE AVENUE AT TRUNK HIGHWAY 100
OS/24/04 -9- DRAFT
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Carmody.
Councilmember Niesen questioned why Mn/DOT was asking for this amendment. Mr. McCauley
discussed that the City had entered into an agreement with Mn/DOT as part of the Highway 100
proj ect that had included the long-term operation and maintenance of local streetlights. Mn/DOT is
requesting this amendment to help all the bridges along Highway 100 to look the same.
Motion passed unanimously.
lld. RESOLUTION ACCEPTING PROPOSAL AND AWARDING CONTRACT,
IMPROVEMENT PROJECT NO. 2004-12, LIFT STATION NOS. 5 AND 6
CONTROL CABINET REPLACEMENT
Mr. McCauley discussed that this resolution would authorize lift station nos. 5 and 6 control cabinet
replacements. The new cabinets will replace deteriorating outer eabinet structures, system controls,
and alarm components for the two facilities.
RESOLUTION NO. 2004-76
Councilmember Lasman introduced the following resolution and moved its adoption:
RESOLUTION ACCEPTING PROPOSAL AND AWARDING CONTRACT,IMPROVEMENT S
PROJECT NO. 2004-12, LIFT STATION NOS. 5 AND 6 CONTROL CABINET REPLACEMENT
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Carmody. Motion passed unanimously.
lle. RESOLUTION AUTHORIZING AWARD OF CONTRACT, BROOKLI'N
CENTER IMPROVEMENT PROJECT NO. 2004-06, 73 AVENUE NORTH
STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS
Mr. McCauley discussed that this resolution authorizes the City of Brooklyn Park to enter into a
contract with Northdale Construction Companies pursuant to the Agreement for 73` Avenue North
project.
RESOLUTION NO. 2004-77
Councilmember Lasman introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING AWARD OF CONTR.ACT, BROOKLYN CENTER
IMPROVEMENT FROJECT NO. 2004-06, 73� AVENUE NORTH STREET, STORM
DRAINAGE AND UTILITY IMPROVEMENTS
OS/24/04 -10- DRAFT
The motion for the adoption of the fore oin resolution was dul seconde
g db
g y y Councilmember
Carmod Motion assed unanim
Y ousl
p y
llf. 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, 23-708, 23-709, 23-710,
23-711 AND 23-712
Mr. McCauley discussed that the Police Department and City Attorney had been working on revising
the taxicab ordinance and that Timothy Crandall, owner of a taxicab company in Brooklyn Center,
had been notified of the proposed changes to the ordinance. Mr. Crandall requested three changes
and the Police Department would agree to two of the changes requested by Mr. Crandall. If the
Council sees merit to the changes requested by Mr. Crandall the ordinance could be redrafted to
incorporate Mr. Crandall's requests.
Mr. McCauley discussed the following changes from Mr. Crandall and the Police Department:
Section 23-704a3. VEHICLE REOUIREMENTS
Mr. Crandall indicated that Automotive Service Excellence (ASE) is only one of a few
organizations that train and certify mechanics in automobile repair and suggests a wording
change similar to an established and reputable service station or garage which employees
experienced and trained mechanics. Mr. Crandall believes that in doing so it would allow an
owner/operator to utilize the services of a qualified service station or garage who may
employee experienced mechanics trained by an organization other than ASE.
The Police Department did not agree with this request and proposed no change in the current
language. The ASE certification is the industry recognized standard for reputability.
Section 23-707. DISOUALIFICATIONS.
Mr. Crandall would like to see language similar to within five years prior to the license
application and the successful completion of a treatment program added to paragraph fl as it
relates to driving under the influence and in paragraph (h) as it relates to illegal drug use.
Mr. McCauley discussed that this requested change was viewed favorably by the Police.
Mr. Crandall would also like to see an exemption added to the ordinance where t�icabs not licensed
in the City of Brooklyn Center would be exempt from licensing when picking up patrons from a bar
in the City. Mr. Crandall indicates that he and a number of other owner/operators participate in the
Sober Cab Program and the number of owner/operators that participate in the program, that would
purchase City of Brooklyn Center taxicab licenses, would not be sufficient enough to provide the
service ta this area. The Sober Cab Program would rely on using Sober Cab participants from the
sunounding Metro area who do not run taxicabs in Brooklyn Center.
OS/24/04 -11- DRAFT
Mr. Crandall's concern is that if these Sober Cab participants are not exempt from the Brooklyn
Center ordinance the Sober Cab service to the area would be greatly reduced setting up the potential
for an impaired person getting behind the wheel of a vehicle rather than waiting for a Sober Cab.
Mr. McCauley discussed that this request could potentially be accommodated.
Councilmember Lasman expressed that she believes that the Sober Cab Program is something to be
considered. Mr. McCauley discussed that this matter could be researched further and language could
be redrafted.
A motion by Councilmember Carmody, seconded by Councilmember Lasman to have City Attorney
redraft the taxicab ordinance with the two requested changes. Motion passed unanimously.
llg. REVIEW OF CHARITABLE GAMBLING ORDINANCE RELATING TO
LICENSE QUALIFICATIONS
Mr. McCauley discussed that the City Attorney had reviewed the charitable gambling ordinance at
the rec�uest of the City Council on whether or not the Brooklyn Park Youth Hockey Association
could be considered to sell pull-tabs in Brooklyn Center if they submitted a formal application. A
determination of whether an organization has been in existence in Brooklyn Center far at least three
years must be determined. There are a number of indications whether a business would qualify
under this standard which include the following factors:
The name of the or�anization.
The address or place of business of the organization.
The usual place of ineetings of the organization.
Whether the organization is chartered specifically to serve the City of Brooklyn Center.
The place of residence of a majority of the members of the organization.
The service area of the organization.
Councilmember Lasman discussed that she believes the City Attorney clearly outlined the ordinance
and that she would support the City's ordinance since there was a lot af time redrafting the ordinance
with regards to charitable gambling.
Bob Eggerichs, Brooklyn Park Youth Hockey Association Director, addressed the Council to express
that he had different takes on the response and believes that the language provided from the City
Attorney is vague.
s
OS/24/04 -12- DRAFT
Mayor Kragness asked if the Brooklyn Park Youth Hockey Association would be willing to provide
portions of their funds to other organizations in the City. Mr. Eggerichs responded that they would
be willing to give more to the community.
Council and Mr. Eggerichs continued discussing the ordinance percentages and the non-profit
organizations currently in the City of Brooklyn Center.
Mr. McCauley discussed that at this time no formal application has been received from the Brooklyn
Park Youth Hockey Association. This matter is being discussed to see whether or not the Council
would consider an ordinance amendment if a formal application is received from the Brooklyn Park
Youth Hockey Association.
Councilmember Lasman expressed that she would not like to change the ardinance.
12. ADJOURNMENT
There was a motion by Councilmember Carmody, seconded by Councilmember Lasman to adjourn
the City Council meeting at 8:54 p.m. Motion passed unanimously.
City Clerk Mayor
OS/24/04 -13 DRAFT
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER 1N THE COUNTY
OF HENNEPIN AND THE STATE OF Iv1INNESOTA
CITY COUNCIL WORK SESSION
MAY 24, 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 9:01 p.m.
ROLL CALL
Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Bob
Peppe. Also present: City Manager Michael McCauley, Assistant City Manager/Director of
Operations Curt Boganey, and Deputy City Clerk Maria Rosenbaum.
DISCUSSION OF CHARTER COMMISSION REVIEW OF POTENTIAL CHANGES
TO CITY CHARTER
Stan Leino, Charter Commission Chair, addressed the Council to discuss the delay in the responses
to the items requested by the Council. Mr. Leino informed that the Charter Commission has had
issues with having a Commission Chair and that he is currently the Commission Chair. The minutes
from the Apri128, 2004, meeting have not been approved; however, he believes that they are in a
final format.
Mr. Leino discussed that the Charter Commission had discussed the request for changes to Section
3.01 and 3.10 of the City Charter and would recommend the following:
Section 3.01: The City Council shall hold regular meetings at such t'ime and place as it by motion
shall determine. Officers elected at the time of the regular municipal election provide
for by this charter shall be sworn in and assume the duties of the office to which they
were elected on �the first business da of Ja uar
Y Y
All officers chosen and aualified
as such shall hold office until their successors aualifv. Officers elected at special
election shall be sworn in and assume the duties to which they were elected on any
business day or at any City Council meeting after the issuance by the City Clerk of
the Clerk's certificate of election. Newly appointed Council members shall take the
oath of office and assume the duties of the office upon appointment, or on any
business day, or at any Council meeting after being appointed.
OS/24iO4 -1- DRAFT
The Mayor or any two members of the Council may call special meetings of the
Council upon at least twenty-four (24) hours' written notice to each member of the
Council. Such notice shall be delivered personally to each member or shall be left at
the member's usual place of residence with some responsible person. All meetings of
the Council shall be in compliance with the Minnesota Open Meeting Law, and any
records thereof shall be made available at all reasonable times.
Section 3.10: Every ordinance repealing a previous ordinance, section or subdivision thereof shall
give the number, if any, and the title of the ordinance to be repealed in whole or part.
No ordinance, section, or subdivision thereof shall be amended by reference to the
title alone. Such an amending ordinance shall set forth in full each section or
subdivision to be amended and shall indicate new matter by underscoring, and the old
matter to be omitted, by strikethrough method. In newspaper
publication of ordinances, the same indications of omitted and new matter shall be
used except that italics or bold —faced type may be substituted for underscoring and
omitted matter be printed a•' usin� the
strikethrou�h method.
Mr. Leino discussed that the Charter Commission is not comfortable at this time making a
recommendation on the request regarding Administrative Fines. They did table this item and will
consider discussing further once they have received more information.
Council discussed and indicated that there is no longer an interest in pursuing administrative fines for
the City.
Council continued discussions regarding Section 3.01 of the City Charter and the different scenarios
that could happen. Mr. Leino informed that they could revisit the language if the Council so desires.
Councilmember Peppe left the meeting at 9:20 p.m.
Councilmember Lasman made a suggestion about adding more language or considering something
like senior votes to take office if an elected official did not qualify.
DISCUSSION OF WHO REVIEWS/RECOMMENDS COUNCIL SALARIES; WHO
REVIEWS/RECOMMENDS CITY MANAGER SALARY; AND THE SALARY
SETTING PROCESSES PAST AND FUTURE
This item was discussed at the Study Session.
COUNCIL DIRECTION ON SALARY RECOMMENDATION FROM FINANCIAL
COMMISSION
This item was discussed at the Study Session.
OS/24/04 -2
DRAFT S
MISCELLANEOUS
Councilmember Niesen informed that the cities she would like considered for the comparable cities
in reviewing City Council compensation to be considered by the Financial Commission would be
Brooklyn Park, Columbia Heights, Maple Grove, and Robbinsdale.
Tom Shinnick and Tom Peterson from the Brooklyn Center Lions addressed the Council to discuss
their opinions on the charitable gambling ordinance. Both expressed that they would rather not see
the ordinance amended.
Councilmember Lasman questioned the Legislative outcome for Local Government Aid (LGA). Mr.
McCauley informed that the City of Brooklyn Center will loose approximately $300,000 in LGA for
2005 unless there is a Special Session and a change evaded.
ADJOURNMENT
A motion by Councilmember Cannody, seconded by Councilmember Lasman to adjourn the Work
Session at 9:42 p.m. Motion passed unanimously.
City Clerk Mayor
OS/24/04 -3- DRAFT
City Council Agenda Item No. 7b
City of Brooklyn Center
A Millennium Community REVISED
TO: Michael J. McCauley, City Manager
FROM: Maria Rosenbaum, De uty City Clerk
DATE: June 11, 2004 v�
SUBJECT: Licenses for Council Approval
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 June 14, 2004.
AMUSEMENT DEVICES
Denny's Restaurant 6405 James Circle North
COMMERCIAL KENNEL
Pandora's Box Veterinary Clinic 4902 France Avenue North
MECHANICAL
Practical Systems 4342B Shady Oak Road, Hopkins
RENTAL
RenewaL•
3614-16 50�' Avenue North Kjirsten Bjerke-Keenan
4/18f04 Burglary at the 3616 address
4703 68�' Avenue North Bernard McDonough
Zero calls
1316 68�' Lane North Valerie Blount McKissack
Zero calls
5631 Bryant Avenue North Yolanda Cox
Zero calls
6749 Humboldt Avenue North Suburban Properties (Kwi Ha Wong)
4/4iO4 Disturbing the Peace
6757 Humboldt Avenue North Suburban Properties (Kwi Ha Wong)
Zero calls
6761 Humboldt Avenue North Suburban Properties (Kwi Ha Wong)
7/3/03 Disturbing the Peace Fireworks
6773 Humboldt Avenue North Suburban Properties (Kwi Ha Wong)
Zero calls
1513 Humboldt Place Suburban Properties (Kwi Ha Wong)
Zero calls
1549 Humboldt Place Suburban Properties (Kwi Ha Wong)
Zero calls
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
Page 2
Licenses for June 14, 2004
5400-02 Russell Avenue North Bruce Vanderschaaf
Zero calls
5900 Washburn Avenue North John Gail Lambert
Zero calls
5201 Xe�es Avenue North Ronald Stoneberg
Zero calls
6915-25 Humboldt Avenue North (50 Unit Apt.) Hillaway Investments
8 Disturbance Calls
2 Burglary
1 Obscenity
1 Drugs
3 Crimes Against Family
Initial:
3601 47 Avenue 11 Unit Apartment Complex
3/23/04 Disturbing the Peace
11/03/03 Disturbing the Peace
08/30/03 Assault
08/07/03 Disturbing the Peace
3613 47�' Avenue 11 Unit Apartment Complex
OS/24/04 Weapons
10/Ol/03 Rules/Regulations
09/O1/03 Weapons
07/08/03 Disturbing the Peace
3713 47�' Avenue 11 Unit Apartment complex
No calis for service prior 12 months
5535 Colfa�c Avenue
No calls for service prior 12 months
7225 Knox Avenue
03/09/04 Assault
02/26/04 Crime Against Family
6919 Newton Avenue
06/02/04 Disturbing the Peace
7013 Newton Avenue
Zero calls
6900 Unity Avenue North
10/07/03 Disturbing the Peace
SIGN HANGER
American Eagle Sign Co. 6313 Cambridge Street, St. Louis Park
DeMars Signs Inc. 410 93 Avenue NW, Coon Rapids
TOBACCO RELATED PRODUCT
Brothers Trading 1216 Brookdale Mall
City Council Agenda Itern No. 7c
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE
REMOVAL OF DISEASED TREES
WHEREAS, a Notice to Abate Nuisance and Diseased Tree Removal Agreement has
been issued to the owners of certain properties in the City of Brooklyn Center giving the owners
twenty (20) days to remove diseased trees on the owners' property; and
WHEREAS, the City can expedite the removal of these diseased trees by declaring
them a public nuisance.
I NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn
Center, Minnesota that:
1. The diseased trees at the following addresses are hereby declared to be a public
nuisance:
PROPERTY OWNER PROPERTY ADDRESS TREE NUMBER
DAVID ARGENAL MARLENY PRUJILLO 6407 UNITY AVE N 1
CITY OF BROOKLYN CENTER VARIOUS PARKS 2,3,6,8,9,11,12,27,33,34,35,
ARLENE SUTTON 7030 GRIMES 4
BOUACHOR LOR/HER ONG 7007 QUAIL 5
MAISOUA THONG YANG 6425 SCOTT AVE N 7
FRED ELIZABETH YARWEH 2330 55� AVE N 10
YOSHIRO NANCY TANJI 6330 GIRARD AVE N 13,14,15
PAUL GAIL STONE 7101 MAJOR AVE N 16
RUTH SCHULTZ 5918 YORK AVE N 17
JAMES GONZALEZ 5326 BRYANT AVE N 18
DEBRA NEW 5731 CAMDEN AVE N 19
THOMAS ELIZABETH NICHOL 6337 BRYANT AVE N 20,21,22,23,24,25,26
DAVID OLSEN 1501 73 AVE N 28
DOROTHY PHILIP ONSTAD 5049 EWING AVE N 29
CHARLES JONES 5640 FREMONT AVE N 30
LOUISE PASEK 5630 FREMONT AVE N 31
DOUGLAS SCHMERTMAN 7224 LOGAN AVE N 32
2. After twenty (20) days from the date of the notice, the property owner(s) will
receive a second written notice providing five (5) business days in which to contest
the determination of the City Council by requesting, in writing, a hearing. Said
request shall be filed with the City Clerk.
3. After five (5) days, if the property owner fails to request a hearing, the tree(s) shall
be removed by the City. All removal costs, including legal, financing, and
administrative charges, shall be specially assessed against the property.
RESOLUTION NO.
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
MEMORANDUM
DATE: June 14, 2004
TO: Michael J. McCauley, City Manager
FROM: Joyce Gulseth, Public Works Administrative Aide
SUBJECT: Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased
Trees
The attached resolution represents the official Council action required to expedite removal of the
trees most recently marked by the City tree inspector, in accordance with approved procedures.
It is antici ated that this resolution will be submitted for council consideration each meerin
P g
during the summer and fall as new trees are marked.
City Council Agenda Item No. 7d
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL
PAYMENT, IMPROVEMENT PROJECT NO. 2004-13, CONTRACT 2004-G, 2004
SHINGLE CREEK TRAIL IMPROVEMENTS
WHEREAS, pursuant to a written contract signed with the City of Brooklyn Center,
Minnesota, Bituminous Roadways, Inc. of Minneapolis, Minnesota has completed the following
improvement in accordance with said contract: Improvement Project No. 2004-13, Contract 2004-G,
2004 Shingle Creek Trail Improvements.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn
Center, Minnesota that:
1. It is hereby directed that final payment be made on said contract, taking the
contractor's receipt in full. The total amount to be paid for said improvement
under said contract shall be $23,023.42.
2. City staff are authorized and directed to submit final project cost information to
the Minnesota Department of Natural Resources for reimbursement based on
Project Agreement No. 0036-00-6A previously approved by the City of
Brooklyn Center.
3. The City portion of the project cost shall be charged to Public Works Street
Maintenance.
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:
i
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted. I
I
MEMORANDUM
BROOKLYN
CENTER
DATE: June 8, 2004
TO: Michael McCauley, City Manager
FROM: Todd Blomstrom, Director of Public Works
SUBJECT: Resolution Accepting Work Performed and Authorizing Final Payment,
Improvement Project No. 2004-13, Contract 2004-G, 2004 Shingle Creek Trail
Improvements
On April 26, 2004, the City Council awarded Contract 2004-G to Bituminous Roadways, Inc. of
Minneapolis, Minnesota for the construction of the 2004 Shingle Creek Trail Improvements.
Bituminous Roadways has completed the construction work and is now requesting final payment
for the proj ect.
This project consisted of the reconstruction of approximately 1,400 feet of pedestrian trail
between I-694 and 69` Avenue North. The project has qualified for the National Recreational
Trails Grant Program administered through the Minnesota Department of Natural Resources.
The grant is a cost-sharing program that will provide funds for approximately 50 percent of the
construction costs far this project. Upon acceptance by the City of Brooklyn Center, project
documents will be submitted to the Department of Natural Resources in order to receive
reimbursement from the grant.
The original contract amount was $18,195.00. During construction, portions of the old trail
pavement were found to be in excess of 6-inches thick in some locations. This resulted in
additional tonnage quantity for pavement removal (additional $1,942.50) and aggregate base
(additional $2,185.92) to return the subgrade to the specified elevations prior to placement of
new trail pavement. An additional $450.00 in turf restoration work was also completed to repair
turf problem areas along the trail corridor. The revised final contract amount is $23,023.42.
Staff anticipates that the DNR grant will cover a fu1150 percent of the final contract amount.
Attached for consideration is a City Council resolution accepting the work performed and
authorizing final payment in the amount of $23,023.42 for the 2004 Shingle Creek Trail
Improvements contract.
,��oF MiNry
�j.
Minnesota Department of Natural Resources
v N
9 W
D Q
.5(H) Lafayette Road
��'�'r SL Paul, Minnesola SSISS-40_
ATU
I Mazch 5, 2004
Todd A. Blomstrom, P.E.
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, Minnesota 55430
o
RE: Project Agreement #0036-00-6A
Dear Mr. Blomstrom:
Thank you for submitting clarification on how the City of Brooklyn Center wishes to best
utilize the remaining funds of a grant the Department awarded to you in 2000.
It is my understanding that the City is looking to spend about $30,000 to pave additional
segments of trail that were not initially outlined in the original application. This use of
the funds is deemed appropriate and you are hereby authorized to proceed.
Again, please take into account that these funds must be utilized by June 30, 2004. If
there are any other questions, please conta.ct me at your convenience at (651) 297-1718.
Sincerely,
r
Tim Mitchell, Grants Specialist
Trail Recreation Section
Trails and Waterways Division
Minnesota Department of Natural Resources
tim.mitchell @dnr,state.mn.us
cc: File #0036-00-6A
,I
DNR Information: 651-296-6157 1-888-646-6367 TTY: 651-296-5484 1-800-657-3929
An Equat Opportunity Employer Printed on Recycled Paper Containing a
Who Values Diversity Minimum of 10°k Post-Consumer Waste
City Council Agenda Item No. 7e
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION ACCEPTING INSURANCE SETTLEMENT FOR WILLOW LANE
PARK SHELTER BUILDING
WHEREAS, a structure fire that occurred on January 25, 2004 resulted in substantial
damage to the park shelter building located within Willow Lane Park; and
WHEREAS, Allied Adjusters, representing the League of Minnesota Cities Insurance
Trust, has offered an insurance settlement to compensate for environmental assessment costs and the loss of
city property that resulted from said structure fire.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn
Center, Minnesota that:
1. The City Manager is hereby authorized to negotiate and accept an insurance
settlement from the League of Minnesota Cities Insurance Trust for
environmental assessment costs and the loss of city property resulting from the
January 25, 2004 structure fire at Willow Lane Park.
2. The insurance settlement amounts are anticipated to be in the following
approximate amounts:
Environmental Assessment 373.20
Building Contents 16,419.65
Structure Damage 94,714.37
Total 111,507.22
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.
MEMORANDUM axooxLYN
CENTER
DATE: June 8, 2004
TO: Michael McCauley, City Manager
FROM: Todd Blomstrom, Director of Public Works
SUBJECT: Resolution Accepting Insurance Settlement for Willow Lane Park Shelter
Building
On Janua 25 2004 a structure fire occurred at the Willow Lane ark shelter buildin The fire
P g
resulted in substantial damage or loss of a majority of the roof, interior, electrical system and
contents. Building demolition was completed on June 3, 2004 to address public safety issues
related to the partially collapsed roof and difficulties with securing the structure. The damaged
I building also caused a significant aesthetic impairment to the City Park.
The structure was originally constructed in the early 1940s as an agricultural building that was
later converted into a municipal maintenance building. In 1975, the building was remodeled into
a park shelter to serve Willow Lane Park. Prior to the fire, the building was in a fairly
deteriorated condition and was tentatively identified for replacement in 2009 as part of the City's
Draft Long Range Park Plan.
Allied Adjusters, acting on behalf of the League of Minnesota Cities Insurance Trust, have
offered an insurance settlement in the amount listed below and as further described in the
attached correspondence from Allied Adjusters dated Apri17, 2004 and May 24, 2004.
Environmental Assessment 373.20
Building Contents 16,419.65 (after $2,500 deductible)
Structure Damage 94,714.37
Total 111,507.22
Attached for consideration is a City Council resolution accepting an insurance settlement for the
Willow Lane Park shelter building pursuant to the May 24, 20041etter from Allied Adjusters in
the amaunt of $111,507.22.
ALLIED ADJUSTERS May 24, 2004 P. O. Box 583479
Minneapolis, MN 55458
(612} 766-3700
n�n�N oHr•ice FAX 612 6 6- 3 7 9 9
Minnesutu
Afinneaputis
P.O. Box 583479 blinneapolis, MN 55458 J o h n H a r 1 o w
6�2-766-3700 Supervisor of Streets and Parks
BIG1NCt1 OItFICES C 1 t 1/ O f B r o o k 1 y n C e n t e r
Alben Le�
e.o.�wXa4s•n�n�,�,�s600� 6894 Shingle Creek Parkway
su�-3�3asoz Brooklyn Center, MN 55430-1418
BrainerJ
P.O. Box 7G3 BcwierJ, AW 56901
218-b28 8258
llulu�h
P.O. Nux 7287 Uululh, MN SS8U7
z,e-bzs-oW;� RE: LMc:IT Claim No. 11047038
��+n�o�� TY'USt Member City of Brooklyn Center
P.O. Iiox l5 Nairmunl, MN 56031
507-235-SSGS T�7p2 of Loss Fire at Willow Lane Park
F S h e 1 t e r.
l!0. Bnx 433 Faribault nw ssoa i D a t e o f L o s s O 1/ 2 5/ 0 4
s°'-33�-zt" Ou r F i 1 e N o. M P S 415 3 2
msun
x 159 Hutcldnson, MN 55350
a�.�6s ENCLOSURE
h�����o
eo.n�x3sz3•ti+�����,MNS�ooa Statement of Loss and Claim
su�-�c�-sa�a
°i Dear John:
C0. tbx �(di Ow�tonna, MN 550(�0
SU7-tiS I -5(r44
N��,,�„� This letter will follow-up my recent telephone
507Lg9-pp42 Rochester,MN559o3 discussion with you, whieh was on May 18, 2004 At
that time, you called to advise me that the City of
Brookl n Center has re uested that the buildin dama e
eo. K�x ��s u. �����a MN 563UL Y q g 9
izo-lsy-y�� portion of this claim be settled based upon my
n��Na e5timated replacement cost for repairing the building.
P.U.Nox1205•Virgiuu,MN55792 T r�rP_��?_OUS�_ 5�.��rpi..Yt.P_C� cl COt7V Of tl'l15 estimat? t0 OU�
z,saw,-�i�s Y Y
which totaled $94,714.37.
wu��
P,O. Nox 91i Wilimar, MN SG201
3au-z3�-zoz6 Please be advised that I have requested a payment to
N��mo:��ola the City of Brooklyn Center in the amount of
$94,714.:i7 from the LMCIT Claims offices. I have
P.O. 8ox 925i F:u'go, NU 58106
)o1=t35J384 requested that this payment be mailed to your
s���i�o-.��� aLtention, on behalf of the City of Brooklyn Center.
Sioux Falls
1!0. liux 1179 Sioux Falli, SD 57101
3s�-oz�s Prior to thi.s, payments were issued to �the City of
�yin Brooklyn Center for the damaged contents arid for
tlaywarJ
P.O. Box 153 Ilayxrrd, WI 59843
715-634-7808
A llivision of I3erkley Risk Administr.uors Company LLC
LMCIT Claim
Claim No. 11047038
Our File No. MPS41532
May 24, 2004
expenses incurred for environmental testing services. The City's
$2,500.00 per occurrence deductible has already been accounted
for in the prior payment for the contents loss.
As you indicated to me by telephone, this claim will be
considered to be agreed and finalized upon LMCIT issuing the
building loss payment in the amount of $94,714.37.
Enclosed with this letter is a Statement of Loss and Claim form,
reflecting a summary of the loss and claim "figures associated
with this fire loss inci.dent at �4i 1'.�w L_=.ne park.
Thank you for the assistance you have provided in the handling
of this matter.
Sincerel;�,-
ALLIED ADJUSTERS
�-c�.=d�'
Scott Torgerson
ST/bme
I cc Kathy Kern
LMCIT Claims
i
2
c� r
I
TRUST MEMBER CITY OF BROOKLYN CENTER
TYPE OF LOSS FIRE-WLLOW LANE PARK SHELTER
LMCIT CLAIM NO. 11047038
LOSS DATE O1/25/04
OUR 1�TLE NO. MPS41532
STATEMENT OF LOSS AND CLAIM
ITEM DESCRIPTION REPAIR/ DEPRECIATION AGREED
REPLACEMENT VALUE
COST
Building (Cov. Limit=$172,600.00)
-Lacation #31; Sl:�lter at �'�'illov✓
Lane Park
-Loss as Deternlined:
-Per Allied Adjusters estimated
replacement cost to repair the
building (13-page detailed
estimate) 94,714.37 -0- 94,714.37
Contents (Cov. Limit=$44,400.00)
-Loss as Deternlined:
-Per 2 page contents inventory 20,803.54 1,883.89 18,919.65
Additional �Coveraees:
-Environmental Testing Expense
-Per Legend Technical Services 373.20 -0- 373.20
Loss Totals $115.891.11 <-1883.89> 114,007.22
Deductible <-2,500.00> <-2,500.00>
CLAINI TOTALS $113,391.11 <-1,fia3.89> 11I,507.22
t
ALLIED ADJUSTERS April 7, 2009 P. O. Box 583479
Minneapolis, MN 55958
(612) 766
AfA1N OFfIf.E FAX 612 7 6 6- 3 7 9 9
Minneso�a
Minnca�wlis
CO. Ifux 583479 Minneapulls, A1N SS458
6� 2-�GG37tx�
BRANf,ll OFFIf.ES
Albetl Lea
PO.fkx848 John f�arlow, Supervisor oF Streets and Parks
so��3�s�soa C/O City of Brooklyn Center
u�.�����a 6£349 Shingle Creek Pkwy.
C0. 6ux 743 •�rainerd, MN 56401
z�s-s:s-sase Brookl_yri Center., MN 55430-1418
uuhn�i
r.o. x�K �zs� U�dmh, hIN SSR07 RE LMC I T C 1 a i m N o. 110 4 7 0 3 8
z�s-�zR.n�c�� `1'rust Member City of Brooklyn Center
t Date oC Loss 01/25/04
P.Q. 6nx IS Ftinnonl, MN 5(�(131
507�2.;55565 `I 'ype of Loss Fi.re at Willow Lane Park
f,�,�„�i, S h e 1 t e r
r.o. nU« 4�3 Fadba�dt, h1N SSOI l O u r F i 1 e N o. M P S 415 3 2
5n��334-azn
�msun F'iNCL�SUHE
iox 159 Ilulcldnwn, A1N 55350
320-587 9465
n+���,�o Contents Inventory Sheet (two pages)
P.O. Hox 352i Afankaln, MN S(002
507-387 54(�8
Dear John:
Oa�abnna
CQ. Ilnx �G ON'AIOIIIIA� MN SSM�II
sn�as��s�s�i This leti:er will follow-up my last discussion with
���xi��t,« you, Wf11CI1 was or� March 10, 2009. `�}iis letLer is an
eo.�s�,.�a•e«n���,n,NSS�w3 attem t to clarif the curient status of the pending
507-289 0042 p Y
claim issues yet to be determi.ned.
u. c����a
P.o. Dox 1163 S�. c7ouJ, hIN SG30t
320259916G CON'I'ENTS LOSS
VirgiNa
I!0 Rnx 1205 Yirginia, MN 55792
z,�-,a,-b Regarding i_he loss to the contents which were inside
the Park Shelter at the Lirne oF the fire, you provided
Wilhnar
r.o.Bu,9i5 •w�u„�a�,��ns�zo� me wit.h two pages of Con�ents Tnventory Stiee�s, and
�zo.tj�-zoz6 accompanying documentation. Enclosed please Find
NurlhDakota copies of those i.nventory sheets Pl.ease note that I
ra,Ro
r.o.�a„�r�ss tiave made adjustments to the replacernent. cost loss
�m-�3s��ss Figures and total, as well as compuled tt�e estimated
SouWDakola actual cash value loss for the contents items.
tiioux Falls
Dux I U4 Sinuz falls, SU 57I01
�s�ua�s 71s we discussecl by teleplzo�ze, I 11ave de.lel.ecl five of
Wiscunsin �Ile items on the Contents Inventory Sheets which are
u:�
eci. ��oX is3 n:�yu�an�. wi s•�x•s3
715 6.1h-7Nt1lt
A Uivisiem c>f Ijerkley Itislt AclminisU.ttors C�m���:in}� [.LC
John Flarlow
LMCIT Claim No. 11047038
I Our Eile No. MPS41532
Apri,l 7, 2004
defined as building componenLs. These five line items will be
included in the building loss calculalions.
Based upon the enclosed adjusted Coni�ents Inventory Sheet,s, the
estimated replacement cost loss for the damaged contents totaled
$20, 803. 59 .'I'he estimated actual cash val_ue ].oss i_c>Laled
$18,919.65.
Please note that i.he City carries a$7_,500:00 per occurrence
u Cil l;f}o nrin��r i.;surar.c� CC`, �J' T
r r� i,M IT. A�
this time I am requesting a payment to the City�in �he amount of
$16,419.65. This payment represents the estirnaLed actual cash
value loss less tt�e $2,500.00 per occurrence proper�y damage
deductible.
Please be advised that the City can pursue supplemental
replacement cost compensation if the actual cost of replacing a
damaged item exceed the estimated actual cash value loss fiqure.
However, any supplemental replacement cost claim must be based
upon actual expenses incurred for items of similar kind arid
quality. Any supplementa.l r.epl.acemerit cosi� claim for any of the
items on the enclosed Coni�enL Inventory Sheets sl�ould be
accompanied by t.he actual purchase receip�. The amounts of any
supplemeni.al �ep:lacement cos� claims f.or l:he contenls items will
be calculated by us.ing Che enclosed estimated actual cash values
compared to the actual replacement cost expenses i.ncurred. If
you have questions regarding the contents loss settlement or
clairn, please call me f_or clarification.
gr�7L�TTl(� �P_MAGF.S;
We discussed the buil.ding loss and r.laim �ossibilities during
our telephone discussion on March 10, 2009. 11t that time, I
attached two estimates of damages to an E-mail to you. T
understood that you planned to use the E-mail attachment
information regardi�zg building damages for purposes of
discussi.on at a meetin takir� lace on Match 1U
2009.
9 9 P
I also faxed you copies of two pages from the LMCIT property
insurance coverage Eor.m. These �ages address the issues and
options associated witti t}�e v�.lue of the uu:ild.ing loss and
claim.
2
John Harlow
LMCTT Claim No. 11047038
Gur File No. MPS41532
April 7, 2009
P.s I attempted to expla.in to you, it has been my evaluation that
the Park SYielter building woul_d be cor�sidered to be "darnaged but
not destroyed." Please note that i�he definition of "dest.royed"
property is included in the two pages I sent you from �he
property insurance coverage form.
Based upon my evaluation that the building was damaged but not
destroyed, I provided you with two estimates of damages. These
two estimates of damages were attached to the E-mail I sent you
�n March 1C, 2C0�.
One estimate of damages totaled $94,719.37. This figure is my
"estimated replacement cost to repair the property."
The other_estimate of damages I attached to the E-mail totaled
$109,95Q.72. This figure represents tY�e estimated cosL to
completely demolish the Park Shelter structu�e, salvaging the
slab and footings, and rebuild a si_milar structure at the same
lacation. This secorid esLimate was far purposes of information,
comparison and discussion.
Both of ttle estima�es I atLac}zed i�o the E-mail to you on March
10, 2004, includecl estirnated demolition and debris removal
expenses.
1`,t this tirae, LMCIT is prepared to settle with the City of
�rooklyn Center, based upon building damages totaling
$94,714.37.
I am awaiting a respcnse from the City of Brook.l.yn Center
regarding settlemenL of the damages Lo the Park Si�elter
structure. To clarify, I have received no response regarding
whet.her the City agrees or ciisag.rees with my evaluation of the
building loss and clai.m. 'I'here are a var_iety of potential loss
and claim i
ssues,which ou and I have discussed. However I hav
e
Y
not received a response regarding �he City's intentions
regarding the damaged �roper.ty or_ the bui]_ding damage claim.
Can you provide any clarification at this time, wiLh regards to
the City's intentions? Can you clarify whether or not the City
is acceptable to a building damage settlemer►t based upon
$99,714.37?
3
John Harlow
I..MCIT Claim No. 11097038
Our File No. MPS41532
April 7, 2004
Thank you for the assistance you have provided to�date in the
handling of this matter. Once you have any clarifying
information regarding the building damage aspect of this claim,
please contact me at (612) 849-3004.
Sincere].y,
ALLIED ADJUSTERS
Scott Torgerson
ST me
cc Kathy Kern
LMCIT Claims
4
l-�-'i. r� t,'' A�.?
WILLOW LANE Pqc�� I
V
i
CONTENTS INVENTORY
•w. ��t��.
ITEM ITEM INClU01NG WHERE PURCHASED OATE OF REPAIR COST OR DEPRECIATION ACTUAL CASH REMARKS
i
i44 f'
Ct ►i�'� BRAND NAME MODEL PURCHASE REPLACEMENT COST VALUE
4I10"x20' aluminum bleacher plank ISeating and Athletic Facility Enterprises I 7/19l2002I 3 496.00 I �.l 6"� I I
8I 2"x12"x16' CCA pine board IScherer Brothers Lumber I 1 y20/2002I 219.00 I I ,Z I
50�2"x6"x12' #2 pine board/t8g ILitchfield industries I 10/4/2002I 1,448.00 I I J,�{ (Twin Lake shelter roof decfcing
40I1"x6"x8' cedar board IScherer Brothers Lumber I 6/1/2002I 1,165.00 I I 1.' 6S� I I
24I1"x3"x6' oak board IScherer Brothers Lumber I 6/2/2002I 272.00 I V I I I
S I4' flouresent light fixtures IGrain er r3 f
I 9 I 5/29� 480.Q0 I 1/ I H�'jV I I
4lhome plate rvbbers IMetro Athletic I 1/112003I 200.00 I I I I
6�pitching rubbers IMetro Athletic I 1/1/2003I 276.00 I ��'f I ��-�I I
4lbasketball backboards SportsPlay IRecreation Sports and Piay I 10/4/2002I 3 (,(�,�j I Q� ���S I I
5lsoftball dry line markers Cramer IMetro Athletic I 1/1/2003I S 1,400.00 I 1/� I L/ L�' I
2I40' tennis net IRecreation Sports and Play I 9/1/2000I 234.00 I Q �J I I
1 Ifootbali down/chain set IMetro Athletic I 1/1/2003I 180.00 I Q G I fj I I
I 3ldrinking fountain/pedestal MOR 410sm ISt.Croix Recreation I 10/5/2001 I$ '7 4,1g5�gg�f� I y 7�/ I
N I. 1 luneven barslgymnastic I I 1/V1984I �2,800.00 I�� I f��V I
2lpicnic tabies/alum XT/G-6AL �St.Croix Recreation I
5/18/2001 I$ 640,00 I 1/ I
8I10"x8' park bench"- home made �City of Brooklyn Center I 1/1/1976I 800.00 I I C� I
4I32 gal tresh cans -Rubbermaid 2632 IHome Depot I 1/1/2002I 3 87,pp I�(,� J� I �j I I
I
1 drinking fountain/wall mount 1 I 1
Grainger I 1/1/1976I —A �g'� I n� I A 1 �vCr l �rAE✓�^-
1 Igas fumace Goodman Mfg� GMP125 IPfiHner Heating I 10/28/1997I I I
2 bathroom sinks IGardner Hardware I t/1/1g761 d 3g�.� I l7 I� ���RE,�,,.,, �•�u�}�Fi I
�f Y
2lbathroorri'toilets IGardner Hardware I 1/y1976� S 5�0�Qb I I I �c�- I
768 SF linterlocking �ubber'flooring' IBSN Sports I �/�Hgg6� 2,7gF�Q� I30" x 30" sections� I
I 160 SF Irubber walkway mat 4'x40' IHarris Machine I 1/1/1998 �105.00 ����p ,��•,�j J I
Pa�� t �To�a s y �s�� s: i l.
G:1Depts�Public WorkslParkslCity ParkslWillow LanelContents Inventory
WILLOW LANE
CONTENTS INVENTORY
ITEM ITEM INCLUDING WHBRE PURCHASED DATE OF REPAIR COST OR DEPRECIATION ACTUAL CASH REMARKS I
��*,fil Y BR.4ND NAME MODE! PURCHASE REPLACEMENT COST VALUE
1ldigger little Tikes S02-MJ IFlanagan Sales I 6/1/2002I 398.00 I �c V[j,i f I
_S^.li- I
12 28" reFlective traffic cones IUnited Rentals Traffic Technologies I 6/25/93 131.00 I I I
10ldust panslplastic Rubbermaid 2005 IHome Depot I 6/24f1�5'1 27.60 I I ,7,7 I I
2�24" futes/aluminum 246LS IRuffridge Johnson I 6/25%t9631 58.00 I I u"� I I
9I com brooms Quickie 930 RM I Home Depot I 6/25/�� 89.00 I V I R�� I
Blmanure forks IHome Depot 6/25%�t889t 224.00 I M� I ,�pZ.� Lr I
6lbow rakes IHome Depot I 6/25/i865� 60.00 I v I 6�� I i
Slshovels IHome Depot I 6l25/7886+ 50.00 I i/ I C j� I I
I 3lbean bag boxes homemade ICiiy of Brooklyn Center I 1/1/18891 E 300.00 I I �Q� I
1 Ifireplace prop homemade ICity of Brooklyn Center 1H/1989I 500.00 I I S OC� I
t ISanta's chair prop homemade ICiry of Brooklyn Center I t/1/1989� 500.00 I I �j I I
t ISanta's mailbox prop homemade ICity of Brooklyn Center I 1/1/1989I 100.00 I I Q Q� I I
1lco�n prop homemade ICity of Brookfyn Center I 1/1/1989I 500.00 I I S(�(� I I
c I 2lviking dragons/wood homemade ICity of Brooklyn Center I 1/1H989I 400.00 I y�0j I
I I I$ 2�,8b0'FO i I I
I P ��To-�o l� I I I 33� I��58 I
I Pa 1 T��, Is I I 17:' yl5 I I� 5�:,� i..b�
yT-�,�,�� I I �o.�a�.-�1 I��.���,�I I
G:1Depts��ic WorkslParks\City Parks\Willow Lane�Contents Inventory
City Council Agenda Item No. 7f
City of Brookl n Center
y
A Millennium Communit
y
To: Mayor Kragness and Council Memb Carmody, Lasman, Niesen, and Peppe
I From: Michael J. McCauley
City Manager
Date: June 10, 2004
I
Re: Utility Billing Software
Logis is migrating to a new utility billing software following a year long review of needs
and vendors. Logis has selected a vendor and will be going forward with a conversion to
a new vendor. City staff has reviewed potential options to continuing with Logis in the
same manner that we evaluated financial software to provide a rough basis of comparison
between seeking to establish a direct relationship with a vendor and continuing to have a
specific software package provided through Logis.
The primary benefits from Logis membership are the collective action of many cities and
the provision of back-up, hosting, training, vendor management, data conversion, and
trouble shooting. We have a smaller Information Technology staff due to our
membership in Logis. We also do not need to devote even more substantial staff
resources to conversions. When we have experienced gaps in Information Technology
staffing due to vacant positions, we are able to function smoothly through the use of
Logis personnel at hourly rates to fill in the gaps.
Ms. Hartwig has set forth in her attached memo a framework to compare costs of
alternate vendors and staying with Logis. The cost differentials are an attempt to compare
very different approaches. We have not engaged in a formal request for proposals, so
these cost estimates are merely estimates based on information from vendors and
estimates of additional equipment and services to support utility billing outside the Logis
consortium and most likel understate total conversion costs. Lo is ma also have cost
Y g Y
over runs in the actual implementation also.) The cost difference would indicate that
continuing with Logis for utility billing is advantageous. One of the protections inherent
in Logis is that Logis contracts for source codes so that should the software vendor
discontinue business, Logis can continue the software using the source codes. This
mitigates the potential impacts of owning software that is no longer supported due to
bankruptcy or other reasons for a vendor to discontinue business such as mergers where
product lines are dropped.
Logis utility software provision is advantageous in that the costs and methods of
conversion are better controlled. The gap between the ranges is not sufficient to
undertake all of the support functions that are provided by Logis. We also do not have the
staff to manage this type of conversion. Adding staff and equipment would not be
beneficiaL
6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number
Brooklyn Center, 1VIN 55430-2199 (763) 569-3400
City Hall TDD Number (763) 569-3300 FAX (763) 569-3434
FAX (763) 569-3494
www. cityo fbroohlyncenter. or
g
�IEMO
To: Michael J. McCauley, City Manager
From: Dan Jordet, Fiscal and Support Services Director
Patty Hartwig, Information Technology Coordinator
Subject: Utility Billing Application Replacement
Date: June 10, 2004
The City of Brooklyn Center has been a member of the LOGIS Utility Billing application for
many years. In 2003, at the direction of its members (18), LOGIS began the process to replace
the 12-year-old utility billing software. LOGIS and Utility Billing members completed a Request
for Information (RFI) and Request for Proposal (RFP) processes. Brooklyn Center staff
participated in the in-depth evaluation of the two final vendor proposals in December 2003. In
Apri12004 the LOGIS Board of Directors approved the LOGIS acquisition of utility billing
software from Advanced Utility Systems.
City staff has since spent additional resources evaluating the continued membership with LOGIS
for the Utility Billing application. Staff received estimated purchase and on-going costs for the
next four years from two additional utility billing software providers, Affiliated Computer
Services (ACS) and Civic Systems, LCC. The cost comparison is attached.
LOGIS costs include many services that create a"total cost of ownership" structure. Some
examples of those services, which are included in the LOGIS cost and are estimated with
Affiliated Computer Services (ACS) and Civic Systems, LCC costs are:
Cluster application servers (no single point of failure, real-time redundancy, disaster
preparedness)
Storage Area Networks (SAN) environment (data protection back-up solution, disaster
preparedness)
Off-site equipment storage (square footage costs, disaster preparedness)
Web server hardware and software for citizen Internet utility account review and billing
information
LOGIS staff support, ineluding application support (help desk), system back-up, printer,
Wide-Area-Network (WAN), Local-Area-Netwark (LAN), system administration (user
account maintenance, file and database management), server management (new patches,
security, operating system version upgrades, new application versions, etc.), training
(beyond initial implementation training i.e., remedial training, new feature training, new
staff training, etc.), structured user groups and access to application analysts for
consultations, report creation, and application management
Benefits of collaborating with 17 other cities that utilize the same system
Memorandum to MMcCauley
June 10, 2004
Page 2
There are many unknown costs and risks associated with a new system/vendor that are often not
realized until implementation of the system begins. With LOGIS, the cost provided, includes the
total cost of ownership.
We recommend the continued LOGIS membership for the Utility Billing application. The one-
time acquisition cost will be $111,996 (payment due in 2005 with an option to pay over three
year period first year 2005, interest assessed for years 2006 and 2007). Brooklyn Center's
LOGIS 2005 estimated operations and research and development costs are $34,745. This is
$3,793 less than in 2004. The system will be installed in Brooklyn Center during 2005 or 2006,
depending upon member install schedule.
If you have further questions, let us know.
Attachment
Utility Billing Systems Comparison Summary
Estimated Costs
Civic Systems Springbrook LOGIS (Advanced Utility)
erver Hardware Estimate $5,858 $5,858 One-Time Acquisition
Work Station Estimate $1,811 $2,450 Assessment $I 11,996
SOftW31'2 L.ICCIISIiIg ESt1Tt73te $33�927 $3(�575 (Assessment is in additim� m(he 537,/90
BCpntd info U�ilityBi!ling R&D Fund
Installation Estimate $12,000 $18 �400 since1994)
Conversion Estimate $20,900 $9,650
Integration Estimate $39,900 $39,900 2004 Operations/R&D
Software Maintenance $8,000 g� �gg $38,538
System Support, Back-up, etc. $30,000 $30,000
Estimated Cost Year 1 (2004) $152,396 $149,621 $150,534
Server Hardware Estimate $0 $0 2005 Operations/R&D
Work Station Estimate $0 $p $34,745
Software Licensing Estimate $1,600 $850
(Decrense due !o chmige in LOGIS
Il1St2113t1017 ES�II]l3tE $Q assessment formulnJ
Conversion Estimate $0 $0
Integration Estimate $p $0
Software Maintenance $8,400 $7,130
System Support, Back-up, etc. $14,000 $19,000
Estimated Cost Year Z (2005) $29,000 $26,980 $34,745
�rver Hardware Estimate $0 $p 2006 Operations/R&D
Work Station Estimate $0 $p �36,483
Software Licensing Estimate $1,680 $893
Installation Estimate $Q Estimrrtiwg5�incrensefrom?005
Conversion Estimate $0 $0
Integration Estimate $Q $0
Software Maintenance $8,820 $7,500
System Support, Back-up, etc. $19,000 $19,000
Estimated Cost Year 3 (2006) $29,500 $27,393 $36,483
Server Hardware Estimate $6,150 $6,150 2007 Operations/R&D
Work Station Estimate $2,500 $2,500 $38,308
Software Licensing Estimate $1,764 $940
Installation Estimate $5�00� $S�OOO Estimn�ing5%increnmjrom?006
Conversion Estimate $0 $0
Integration Estimate $0 $0
Software Maintenance $9,261 $7,900
Systems Support, Back-up, etc. $32,000 $32,000
Estimated Cost Year 4 (2007) $56,675 $54,490 $38,308
tal Estimated Cost 1-4 Years $267,571 $258�484 $260�070
vg Annual Cost First 4 Years $66�893 $64�621 $65�017
6/10/2004
City Council Agenda Item No. 8a
CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the 14th day of June 2004 at 7:00 p.m.
or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to
consider an Ordinance Amending Chapter 35 of the City Ordinances of the City of Brooklyn Center
Regarding the Manufacturing of Beer, Wine and Distilled Alcoholic Beverages
Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance.
Please contact the Deputy City Clerk at 763-569-3300 to make arrangements.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES
OF THE CITY OF BROOKLYN CENTER REGARDING THE
MANUFACTURING OF BEER, WINE AND DISTILLED ALCOHOLIC
BEVERAGES
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAlN AS
FOLLOWS:
Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is
hereby amended in the following manner:
Secti�n �5-��� I-1 INDUSTRIAL PARK.
1. Permitted Uses
a. The following manufacturing activities:
1. Food and kindred products as illustrated by:
Dairy products
Bakery products
Confectionary and related products
Beverages, inch�cling hee r, wine and distille.cl alcnhnl
��a i".'rL ij�,I€?ll i?; ;i"�£'.s� £;l` Ilt�:i.�� ��(�LI�}4"`'
Macaroni, spaghetti and noodles
��ti_or �5-��1_ I-2 GENERAL INDUSTRY.
1. P .rmittPCi T TcP.c
a. The following manufacturing activities:
ORDINANCE NO.
1. Food and kindred products as illustrated by:
Dairy products
Bakery products
Confectionary and related products
Beverages, inchiclin� hP .r wine and di�tilled �lc�hnl
�.3 f `u`.� ;.s�.i's.N.��. 4.}�' �.��[:�.5.�. ?.�.i��s.�{�i.::1
Macaroni, spaghetti and noodles
Section 2. This ordinance shall become effective after adoption and upon thirty
days following its legal publication.
Adopted this day of 2004.
Mayor
ATTEST:
City Clerk
Date of Publication
Effective Date
(Brackets indicate matter to be deieted, 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: June 9, 2004
SUBJECT: An Ordinance Amending Chapter 35 of the City Ordinances of the City of Brooklyn Center
Regarding the Manufacturing of Beer, Wine and Distilled Alcoholic Beverages
At its May 10, 2004, meeting, the Brooklyn Center City Council approved first reading of An Ordinanee
Amending Chapter 35 of the City Ordinances of the City of Brooklyn Center Regarding the
Manufacturing of Beer, Wine and Distilled Alcoholic Beverages.
The second reading and Public Hearing are scheduled for June 14, 2004. Notice of Public Hearing was
published in the Brooklyn Center Sun-Post newspaper on May 29, 2004. If adopted, effective date will
be July 24, 2004. Materials that were included in the May 10, 2004, Council agenda are also attached.
Attachments
6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number
Brooklyn Center, MN 55430-2199 (763) 569-3400
City Hall TDD Number (763) 569-3300 FAX (763) 569-3434
FAX (763) 569-3494
www.cityofbrooklyncenter. org
MEMO
To: Michael J. McCauley, City Manager
From: Ronald A. Warren, Planning and Zoning Sp_ ialist •(�t
Subject: City Council Consideration Item An Ordinance Amending Chapter 35 of the
City Ordinances
Date: May 5, 2004
On the May 10, 2004 City Council Agenda is a request from Mr. Omar Ansari (Sparky
Abrasives) for an Amendment to Chapter 35 of the City Ordinances to allow the operation of a
microbrewery in the I-1 and I-2 Zoning District.
Attached for your review are copies of the Mr. Ansari's request relating to the Commission's
consideration of this matter and other supporting documents.
This matter was considered by the Planning Commission at their Apri129, 2004 meeting and was
recommended for approvaL
It is recommended that the City Council, following consideration of this matter, approve for first
reading, an ordinance amendment allowing for the manufacturing of beer, wine and distilled
alcoholic beverages in the I-1 and I-2 zoning districts.
MEMORANDUM
TO: Planning Commission Members
FROM: Ronald A. Warren, Planning Commission Secretary
SUBJECT: Request to Amend Zoning Ordinance
DATE: Apri126, 2004
Attached is a written proposal from Mr. Omar Ansari, Sparky Abrasives, 4811 Dusharme Drive,
Brooklyn Center, requesting an amendment to the City's Zoning Ordinance to allow the
operation of a microbrewery in their building. The property in question is zoned I-2 (General
Industry) and is located at the northwest end of the Dusharme Drive cul de sac, which is an
extension of 48 Avenue North.
Attached for the Commission's review is an area map showing the I-2 zoning district,
highlighting the Ansari property and also an aerial photo of the site. Attached as well are copies
of Section 35-330 and 35-331 regarding the allowable uses in the I-1 and I-2 zoning distrits.
Mr. Ansari believes their family owned building would be an excellent location for a
I microbrewery where they would manufacture and distribute beer to local restaurants. He notes
that their business has changed over time from a manufacturing operation that at one time
employed 80 people to one that is currently downsizing to the point where they have space
available where a microbrewery could be operated. The problem is the Zoning Ordinance does
not allow a brewery use in the I-2 zoning district. In fact, the zoning ordinance specifically
excludes the manufacturing of malt or malt liquors in both the I-1 and I-2 zones. Nowhere in the
city is such a use allowed. The wholesale distribution of beer, wine and distilled alcoholic
beverages is allowed in the I-1 and I-2 zones, but not the manufacturing of these items.
The reason manufacturing of these beverages is not allowed anywhere in the city is not clear,
however, it was noted that when this ordinance was written, almost 40 years ago, microbreweries
did not, for the most part, exist. Breweries generally require large areas of land, a large supply of
water -and sewage system capable of handling their discharges. Odors and smells associated with
the indnstry might also have been considered a negative. These may have been the reasons why
such a use was not authonzed anywhere in the City of Brooklyn Center.
Mr. Ansari, in his written submission, reviews the manufacturing process and brewery issues
relating to water usage, sewer capacities and odors. The Public Works Director, Community
Development Director and City Manager have been provided with the written proposal and have
been requested to provide their comments. None have been received to tlus date.
It should be noted that any such operation wo�ld be required to meet PCA, EPA and other
environmental, noise or odor regulations. It appears our utility system could handle such an
operation.
If a brewery is to be allowed anywhere in the city, the I-2 (General Industry) zoning district, and
perhaps the I-1 (Industrial Park) district, would be the appropriate zones. An argument could be
made that the City should accommodate such a use somewhere in the city.
The Planning Commission should review the written material presented and make a
recommendation to the City Council regarding this matter. Because Mr. Ansari has made a
formal request to modify the Zoning Ordinance, the City must respond to this request within 60
days. The proposal was received on April 15, 2004, therefore, a disposition should be rendered
no later than June 14, 2004 by the City Council.
Attached is an Ordinance Amendment that would allow the manufacturing of beer, wine and
distilled alcoholic beverages in the I-2 (General Industry) zoning district for the Commission's
consideration if the Commission is inclined to make a favorable recommendation.
We will be prepared to discuss this matter further at the Apri129, 2004 Planning Commission
meeting.
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2. Complementary to existing adjacent land uses as well as with those uses
permitted in the C2 district generally.
3. Of comparable intensity to permitted C2 district land uses with respect to
activity levels.
4. Planned and designed to assure that generated traffic will be within the capacity
of available public facilities and will not have an adverse impact upon those
facilities, the immediate neighborhood, or the community.
5. Traffic generated by other uses on the site will not pose a danger to children
served by the day caze use.
Furthermore, group day care facilities shall be subject to the special requirements set forth in
Section 35-412.
Section 35-330. I-1 INDUSTRIAL PARK.
1. Permitted Uses
a. The following manufacturing activities:
1. Food and kindred products as illustrated by:
Dairy products
Bakery products
Confectionery and related products
Beverages, with the exception of malt liquors
Macazoni, spaghetti, and noodles
2. Apparel and other finished products made
from fabrics, leather, and similaz materials.
3. Lumber and wood products, except saw mills
and planing mills producing a dimensioned lumber.
4. Furniture and fixtures.
5. Converted paper and paperboard products (as
opposed to paper and paperboard manufactvring).
6. Printing and publishing and allied industries.
City of Brooklyn Center 35-37 Ciry Ordinance
II�
7. Chemicals and allied products as follows:
Drugs
Soaps, detergents and cleaning preparations
Perfumes, cosmetics and other toilet preparations
(compounding and packaging only)
8. Miscellaneous plastic products.
9. Fabricated metal products as illustrated by:
Office computing and accounting machines
Household appliances
Electricallighting and wiring equipment
Communication equipment, including radio and television
receiving sets
Electronic components and accessories
Screw machine products
10. Professional, scientific, electronic and controlling instruments, photographic and
optical goods, watches and clocks.
11. Miscellaneous manufacturing such as jewelry and silverware, musical instruments
and parts, toys, amusement, sporting and athletic goods and pens, pencils and
other office and artistic material
12. Assembly of electric powered vehicles.
13. Adult esta.blishments.
b. The following wholesale trade activities:
1. Automotive equipment
2. Drugs, chemicals and allied products
3. Dry goods and apparel
4. Groceries and related products
5. Electrical goods
City of Brooklyn Center 35-38 City Ordinance
6. Hardware, plumbing, heating equipment and supplies
7. Machinery, equipment and supplies
8. Other wholesale trade similaz in nature to the aforementioned uses such as
paper and paper products, furniture, and home furnishings, and beer, wine and
distilled alcoholic beverages, but expressly excluding petroleum bulk stations
and scrap and waste materials and similar uses.
c. The following service activities:
1. Laundrying, dry cleani.ng and dyeing
2. Contract construction
3. Kennels
4. Veterinarian and animal hospitals
d. Public transportation ternunals (excluding truck terminals).
e. Accessory uses incidental to the foregoing principal uses when located on the same
properry with the use to which it is accessory. Such accessory uses to include without
being restricted to the following:
1. Offstreet parking and offstreet loading.
2. Signs as permitted in the Brooklyn Center Sign Ordinance.
3. Storage of raw materials, work in process and inventory, provided such storage
is within completely enclosed buildings.
f. Other uses similar in na.ture to the aforementioned uses, as determined by the City
CounciL
2. Special Requirements
a. See Section 35-413 of these ordinances.
City of Brooklyn Center 35-39 City Ordinance
3. Special Uses
a. Foundries, provided that the foundry operation is a necessary incident to a principal use
permitted in the I-1 district.
b. Textile mills.
c. Retail sales of products manufactured processed, warehoused, or wholesaled on the
use site.
d. Accessory off-site parking not located on the same property with the principal use,
subject to the provisions of Section 35-701.
e. Those commercial developments which, in each specific case, are demonstrated to the
City Council to be:
,1. Compatible with eacisting adjacent land uses as well as with those uses
permitted in the I-1 district generally.
2. Complementary to existing adjacent land uses as well as to those uses
permitted in the I-1 district generally.
3. Of compazable intensity to pemutted I-1 district land uses with respect to
activity levels.
4. Planned and designed to assure that generated traffic will be within the ca.pacity
of available public facilities and will not have an adverse impact upon the
industrial pazk or the community.
and, which are described in Section 35-322, Subsection 1 d, e(subparts 1-6), f, (subparts 2
and 3), g through j; 3 m and 3 p. Such commercial developments shall be subject to I-1
district requirements of Section 35-400 and 35-413 and shall otherwise be subject to the
ordinance requirements of the use classification which the proposed development represents.
g. Warehousing and storage uses which, in each specific case, are demonstrated to the
City Council to be:
1. Compatible with existing adjacent land uses as well as with those uses
permitted in the I-1 district generally.
City ofBrooklyn Center 35-40 Ciry Ordinance
I
2, Of comparable intensity to permitted I-1 district land uses with respect to
activity levels.
provided such uses sha11 adhere to applicable requirements in the I-1 d.istrict and shall not
involve maintenance or servicing of vehicles on the site.
h. Other noncommercial uses required for the public welfaze as determined by the
Council, including accessory outside storage of materials when screened from public
view by an opaque wall.
Section 35-331. I-2 GENERAL INDUSTRY.
1. Permitted Uses
a. The following manufacturing activities.
1. Food and kindred products as illustrated by:
Dairy products
Bakery products
Confectionery and related products
Beverages, with the exception of malt or malt liquors
Macaroni, spaghetti and noddles
2. Textile mill products.
3. Appazel and other finished products made from fabries, leather and similaz
materials.
4. Lumber and wood products, except saw mills and planing mills producing
dimensioned lumber.
5. Furniture and fixtures.
6. Converted paper and paperboazd products (as opposed to paper and paperboard
manufacturing).
7. Printin
ublishin and allied industries.
S, P g
City ofBrooklyn Center 35-41 City Ordinance
8. Chemicals and allied products as follows:
Drugs
Soaps, detergents and cleaning preparations, perfumes, cosmetics and other
toilet preparations (compounding and packaging only)
9. Miscellaneous plastic products.
10. Fabricated metal products as illustrated by:
Office computing and accounting machines
Household appliances
Electrical lighting and wiring equipment
Communication equipment, including radio and television
receiving sets
Electronic components and accessories
Screw machine product
Coating, engraving and allied services
11. Professional, scientific, electronic and controlling instruments, photographic and
optical goods, watches and clocks.
12. Miscellaneous manufacturing goods such as jewelry and silverware, musical
instiuments and parts, toys, amusement, sporting and athletic goods and pens,
pencils and other office and artistic materials.
13. Assembly of electric powered vehicles.
b. The following wholesale trade activities:
1. Motor vehicles and automotive equipment.
2. Drugs, chemicals and allied products.
3. Dry goods and appazel.
I
4. Groceries and related roducts.
P
5. Electrical goods.
6. Hardware, plumbing, heating equipment and supplies.
City ofBrooklyn Center 35-42 City Ordinance
7. Machinery, equipment and supplies.
8. Other wholesale trade similar in nature to the aforementioned uses sueh as
paper and paper products, furniture and home furnishings and beer, wine, and
distilled alcoholic beverages, but expressly excluding petroleum bulk stations
and scrap and waste materials and similar uses.
c. The following service activities:
1. Laundrying, dry cleaning and dyeing.
2. Wazehousing and storage.
3. Automobile and truck repair and wash.
4. Contract construction.
�5. Kennels.
6. Veterinarian and animal hospitals.
7. Automobile and truck rental and leasing.
8. Gasoline service stations (See Section 35-414), motor vehicle repair and auto
washes provided they do not abut an Rl, R2, or R3 district, including abutrnent
at a street line; trailer rental in conjunction with these uses, provided that there
is adequate trailer parking space.
d. Truck terminals or exchange stations.
e. Public transit terminals.
f. Accessory uses incidental to the foregoing principal uses when located upon the same
property with the use to which it is accessory. Such accessory uses to include but not
be restricted to the following:
1. Off-street parking and off-street loading.
2. Signs as permitted in the Brooklyn Center Sign Ordinance.
City of Brooklyn Center 35-43 City Ordinance
3. Storage of materials, provided that when the use abuts or is adjacent to any
residential zone such storage shall be within completely enclosed buildings or
effectively screened by a solid wall or fence, including solid entrance and exit
gates not less than six feet nor more than eight feet in height.
g. Other uses similar in nature to the aforementioned uses, as determined by the City
Council.
2. Special Reauirements
a. See Section 35-413 of these ordinances.
3. Special Uses
a. Foundries, provided that the foundry operation is a necessary incident to a
principal use permitted in the I-2 district.
b. Retail sales of products manufachued, processed or wholesaled at the use site.
c. Accessory off-site parking not located on the same property with the principal use,
subject to the provisions of Section 35-701.
Section 35-340. O-1 PUBLIC OPEN SPACE DISTRICT.
1. Permitted Uses
a. Public pazks, playgrounds, athletic fields, and other recreational uses of a
noncommercial nature.
b. Accessory uses incidental to the foregoing principal uses when located on the same
property with the use to which it is accessory but no`t including any business or
industrial use. Such accessory uses to include but not be restricted to the following:
1. Off-street parking.
2. Public recreational buildings and parks, playgrounds and athletic fields.
3. Signs as permitted in the Brooklyn Center Sign Ordinance.
City of Brooklyn Center 35-44 City Ordinance
This proposal is to request an amendment of the City of Brooklyn Center's Ordinance
allowing the operation of a microbrewery.
My hope is to open a microbrewery at the building my family owns at 4811 Dusharme
Drive. We are located at the industrial park at the intersection of France Avenue and
Highway 100. The building has been owned by our family for over thirty years and
would be an excellent location for a microbrewery. This would not be a brewpub like
Rock Bottom, which sells beer directly to customers. We would manufacture and
distribute beer from our location to local restaurants, bazs and liquor stores. Selling beer
to consumers on premises is not allowed under Minnesota law for microbreweries.
At the present time, there is no area in Brooklyn Center where a microbrewery can
operate. Per Sections 35-330 and 35-331 of the City Ordinance, manufacturing of malt
liquors is expressly prohibited.
This document will cover the following issues:
Microbrewery Definitioris
How beer is made
Brewery Issues
Microbreweries as a desirable business for communities
Our microbrewery plans
Microbrewery Definitions
First some definitions are in order. The following definitions are provided by the
Association of Brewers, (The Association of Brewers is a trade association for the U.S.
craft beer industry and has been gathering the most accurate craft beer industry statistics
since the industry's emergence in 1980.)
Definitions:
Microbrewery: A brewery that produces less than 1 S, 000 barrels (30, 000 kegs or
465,000 gallons) of beer per year. Microbreweries sell to the publie by one or more of
the following methods: the traditional three-tier system (brewer to wholesaler to retailer
to consumer); the iwo-tier system (brewer acting as wholesaler to retailer to consumer);
and, directly to the consumer through carryouts and/or on-site tap-room or restaurant
sales.
Brewpub: A restaurant-brewery that sells the majority of its beer on site. The beer is
brewed primarily for sale in the restaurant and bar. The beer is often dispensed directly
from the brewery's storage tanks. Where allowed by law, brewpubs often sell beer "to go"
and /or distribute to off site accounts.
Regional Brewery: A brewery with the capaciry to brew beriveen 1 S, 000 and 2, 000, 000
barrels.
1
Large Brewery: A compan with sales of more than 500, 000 barrels. Some large brewery
y
companies operate a single brewing facility, while others may have more than a dozen.
Craft Beers: Generally, "all-malt, domestic beers produced using 100 percent malted
barley. Craft beers that are not all-malt sometimes substitute a percentage of malted
wheat (f �or wheat beers) or malted rye (f'or rye beers). Their inspiration can be traced to
British, German or Belgian traditions or is often uniquely American. Craft beers range
from pale to dark in color and from mild to strong in alcohol content. Sometimes they
include unusual ingredients such as fruit, herbs or spices. Compared with other beers,
thei� emphasis is more on flavor, and less on appealing to a mass market. (The best-
selling American beers are brewed using 30 to 40 percent rice or corn "adjunct,
I resulting in a paler, lighter-bodied and lighter flavored beer).
ct brewin
Craft Brewer: A brewpub, microbrewery, regional specialty brewery or contra g
company whose majority of sales is considered craft beer.
KEY: 1 barrel=31 U.S. gallons=2 "half=barrel" (IS.S gallon) kegs=13.78 cases (of 24
12-ounce bottles)
Some examples
Microbrewery- Lake Superior Brewing Duluth MN
Sprecher Brewing Compny Milwaukee, WI
Brewpub- Herkimer Minneapolis
Town Hall Minneapolis
Hops Maple Grove, Eden Prairie
Green Mill St. Paul
Rock Bottom Brewery Minneapolis
Regional Brewer- Summit Brewing Company St. Paul
Sierra Nevada Chico, CA
Red Hook Seattle, WA
Laxge Brewer- Miller Milwaukee, WI
Budweiser St. Louis, MO
Coors Denver, CO
Now we have a common frarnework to reference the different type of beer producers in
the marketplace.
2
Making Beer
7n reality, what makes brewing different from making potato chips or silicon wafers is
simply the finished product. Ray Daniels, DesigninP Great Beers
The first step in beer brewing is to crush the grain in a mill. Usually barley grain is used,
the grain is malted (heating the grain to start germination) prior to the brewer receiving
the grains. This is where the term "malt liquor" comes from.
Next, in the mash tun, the grain is heated with water and held at a constant temperature
for 90 minutes. The grains are then rinsed in the lauter tun with water to collect the sugars
from the grains. The runoff is collected and then boiled in the boil kettle. During the boil,
hops are added for bittering, aroma and taste. The boil �last between 60 minutes to 120
minutes and then the beer is cooled and sent to the fermenting tanks. From start to finish,
this process takes between 4-8 hours to complete.
In the fermenting tanks, yeast is added and the beer ferments for 3 to 7 days. The beer
then ages for 2 to 6 weeks (depending on the style) and is either bottled or kegged. The
finished product is then refrigerated and readied for distribution.
In a small microbrewery or brewpub, two people can accomplish all of the above tasks.
The industry is more capital intensive than labor intensive. The primary job of the
workers is to move around the hot liquids, sanitize and clean equipment, and package the
product.
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The boil kettle and hot water tank. As you can see, these pieces of equipment are not
that large.
This Microbrewery in Wisconsin just began brewing beer. The size of their brewery
less than 1500 square feet and planned yearly production are very similar to my
goals for the new business.
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The Mash and Lauter Tun. These photos are from Rush River Brewing in
Wisconsin.
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Fermentors. The number needed depends on how much beer is being produced.
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These fermentors are 13 feet high and are located at Lake Superior Brewing in
Duluth. The fermentors are commonly the largest pieces of equipment in a brewery.
Our ceilings are 13.5 feet high and would accommodate all the brewing equipment.
5
Brewery Issues
There area a number of issues that would cause one concern when examining the
feasibility of a brewery operation in one's area:
Water Use
Sewer Use
Smells Odors
Our Building
Safety
Cleanliness
Government Oversight
Water
I mention these issues because I feel they need to be discussed prior to the brewery
operation. I am confident that all of the above can be settled in a manner that works for
all parties. I have been speaking with Mark Hartfield in the Utility Department of
Brooklyn Center and he does not feel that the brewery would have a significant impact
upon the city's infrastructure.
The first three issues (water, sewer, smells odors) are really a matter of scale, and this
may be why the ordinance was written to prohibit breweries in Brooklyn Center. Many
people homebrew in their own houses, but the amount is so small that no one notices. On
the other hand, facilities like Coors and Miller have their own sewage treatment plants.
There is no doubt that an operation like the old Grain Belt brewery would have swamped
Brooklyn Center's water and sewer capabilities in the 1950's, back when this ordinance
was written. Perhaps an operation of that scale today in Brooklyn Center would overload
the infrastructure. However, the brewery I am proposing would be not be of that scale, ar
not even as large as Summit Brewing in St. Paul. The brewery I propose would fit in less
than 2,000 square feet in an industrial park, and the impact of the small brewery on the
water and sewer systems would likely not be noticed.
Regarding water usage in a brewery, let's examine what amount of water the brewery
would use in a year. Let's assume the brewery produces around 1000 barrels a year as an
example. For every gallon of beer produced in a brewery, 5 to 7 gallons of water is
consumed for production and cleanup. That works out to 155,000 to 217,000 gallons of
water used per year. This is comparable to a household of four, which uses around
146,000 gallons of water annually. T'he city of Brooklyn Center pumps out 1.3 billion
gallons per year. Clearly the introduction of a microbrewery would not impact the water
usage of the city.
For comparison, Lake Superior Brewing in Duluth has been in existence for more than 10
years in central Duluth and they produce around 1700 barrels of beer per year. I would
6
not expect the size of my brewery operation to ever surpass 5000 barrels per year. The
realistic production of a startup brewery is azound 500 barrels per year.
Sewage
Regarding sewage/wastewater production, this amount would be less then the water used
as the beer is not disposed of. The effluent produced in the 1000 barrel example works
out to 124,000 to 186,000 gallons of wastewater.
According to the city Water Department, the city disposes of 1.04 billion gallons of
wastewater per year. If we use our 1000 barrel example, the brewery's impact upon the
city sewer system would add 0.011 to the yearly production of sewage. You can see
with the amount of water entering the waste stream that the small amount of a start-up
microbrewery will not greatly affect the city's resources.
The bigger issue with breweries and sewage is the BOD (Biological Oxygen Demand) of
the products that are disposed. Dumping beer and yeast down the drain puts a strain on
water treatment plants. However, the problems with yeast disposal have been addressed
by most breweries; they simply kill the yeast by boiling or adding chemicals. The issue is
easily neutralized in every existing brewery in accordance with local water and sewer
systems.
Large amounts of beer are rarely disposed of by using the sewage system. Mast beer that
ends up down the drain is trace amounts associated with cleaning the equipment.
Odors
Most individuals do not have an issue with the smell of a brewery.lVlost compare the
odors to that of a bakery. I have spoken with brewers at Lake Superior Brewing
(downtown Duluth), Rush River Brewing (Maiden Rock, WI), Town Hall Brewpub
(Seven Corners in Minneapolis), Herkimer Brewpub (LTptown), Viking Brewing (Dallas,
WI), Bandana Brewery (Mankato), Hops Restaurants (Maple Grove), Great Waters (St.
Paul) and Rock Bottom Brewpub (downtown Minneapolis), and none of them have had
any complaints from their neighbors regarding odors, or any other issues.
While discussing odor issues, let us address the current state of Gopher State Ethanol, the
former Schmidt Brewery, in St. Paul and its relation to the prospect of a microbrewey in
Brooklyn Center. The important issue is that the Gopher State Ethanol plant, which
produces ethanol along with many complaints from the neighborhood, is no longer a
brewery. In 2000, they began making ethanol, and their problems began. The following is
an exeerpt from a story by NPR in September of 2002.
"Testing at Gopher State Ethanol, a converted S� Paul brewery, showed levels
of pollutants far higher than the industry had claimed Those results triggered
an EPA crackdown on ethanol plants nationwide. The castle-like brick building
of the old Schmitz Brewery towers over the surrounding houses on the flats of
the Mississippi River. For generations, neighbors coexist'ed peacefully with the
smell of beer-making. But in April 2000, the financially troubled brewery
7
now called the Minnesota Brewing Company began making a new product:
ethano� Darren Wolfson, who lives five blocks away, noticed the change in the
air immediately. "The second they flipped the switch, it was like a smack in the
face, he says."
Clearly, the issue with the facility is its production of ethanol. A very large amount of
beer has been produced at that sight sirice 1855, but the problems started when they
stopped the production of beer. I have no plans, current or future, to ever produce
ethanoL
Our Building
Our building is in a desirable location with regard to residential areas for the brewery. To
the north, we have train tracks behind our building. To the east there is a gravel yard and
a lake. To the south is the industrial park, which continues West to the Highway 100 and
France Avenue interchange.
The industrial park would be the ideal area in Brooklyn Center to locate a brewery. The
area has ample highway access (Especially once the France Avenue interchange is
completed!) The area is comprised of heavy manufacturing and business that are used to
the large volume of delivery trucks. The water and sewer facilities are adequate for a
brewery operation and we are not directly located next to housing.
At our building, we do have enough parking space for employees. According to JVNW
Systems, a manufacturer of brewery equipment, a facility with our size could produce
between 1000 2500 barrels of beer per year. With that amount of production, they
estimate we would need 4.5 workers to produce that product. Clearly, we have adequate
parking and building facilities for that number of employees.
Breweries are specialized industries and place particular demands upon the facilities in
which they are located. Our building has the physical struetures necessary for the
operation of a brewery.
The ceilings provide enough space for brewing equipment.
Water supply is adequate and the city water is of good quaiity
Floars can support the heavy loads of brewing equipment and fermentors
Adequate sewage capacity
220 and 440 volt electrical service presently in building
Suffieient square footage for a small brewery
Large entryway for the large brewing equipment
Sufficient parking areas for employees.
Safety
Breweries are safe areas to work. Almost all of the machinery is stationary and there are
few moving parts in the equipment in the brewery. Most of the work performed is the
transfer of liquids and cleaning of the equipment. The most common injury in the
brewery is back injuries due to lifting kegs of beer. According to OSHA's web-site, the
8
malt liquor producing industry is safer than the industries that currently reside in our
industrial park.
Cleanliness
Cleanliness is an issue that often comes up when discussing breweries. Obviously,
breweries must be kept clean as they are areas in which beverages are produced. Because
special yeasts must be used, the air systems are always working and kept in good
condition. Any dirty areas in a brewery can harbor bacteria and wild yeasts, so breweries
need to be kept clean to assure a good product.
Mice are always a concern due to the large amounts of grain stored on site. Because of
this, breweries always have weeds and vegetation cut down around the building and all
grains in the brewery are kept off the floor and stored on racks. Breweries are constantly
being cleaned and are inspected regularly by the Minnesota Agriculture Department.
An unclean brewery is one that will not be in business for long, as the cleanliness of the
brewery is reflected in the quality of the product.
Government Oversight
The brewery industry is one of the most regulated industries in America. The federal
government has an arduous application process to open a microbrewery. There are more
than 27 different forms that must be completed to receive permission to brew beer; these
include environmental and water assessments, personnel questionnaires and an Interpol
questionnaire. In addition to working with the federal government, one must be granted
approval by the State of Minnesota to open a brewery. The Minnesota Agriculture
Department must also grant approval of the brewery's building and equipment setup.
Due to the amount of t� revenue enerated b the brewin industr it is closel
g Y g Y� Y
re ulated b
g y the government to assure that all produced malt li uor is accounted for,
q
taxed and
properly distributed according to the laws of the state.
Desirable Business
Breweries have been part of the American landscape since the Pilgrims landed on
Plymouth Rock. In the 1800's, more than 4,000 breweries existed across the US,
supplying the local community with a fresh supply of beer. Almost every town had its
own brewery and unique styles to serve the population. Prohibition shut down almost all
of the existing breweries. In the 1970's, a wave of consolidation took over, and only 40
breweries existed. In the 1980's the industry began a revival by small craft brewers,
mainly located in the Pacific Northwest. Since that time, the microbrewery market has
grown and continues to expand.
Many microbreweries have a special relationship with their consumers that other
products do not enjoy. Individuals want to know where their beer is produced, and they
have a tendency to support local breweries. Brewery tours are a popular way for
consumers to get to know how beer is produced. Every bottle of my beer produced will
have
Brookl n Center on the label P v
y eople often tra el to visrt their favonte brewery.
9
Because of the brewery tours, people unfamiliar with Brooklyn Center may come to visit
from other parts of Minnesota. Breweries and their products are closely tied to the
communities they are located in, and I plan to make that the case with our microbrewery.
Supporting community events will be a theme in our brewery.
Summit Brewery is an excellent example of the relationship a city may have with its
brewery. Recently, in an effort to retain Summit as a St. Paul business, the city sold
Summit 4 acres of land for its new brewery on the Mississippi River for $1.00. Many
people associate Summit Beer with the city of St. Paul; hopefully we could do the same
with Brooklyn Center and a new microbrewery. I feel there would be a great deal of news
coverage on the opening of a microbrewery in Brooklyn Center because it would be just
the second brewery in the Twin Cities.
Economic Impact
The following data from the Association of Brewers demonstrates that the beer brewing
industry is an important contributor to the US economy and that it remains healthy.
Overall U.S. Brewing Industry Dollar Volume: $58. 7 billion
Jobs created by beer: 1, 662, 800
Wages created by beer: $47.4 billion
Taxes created by beer: $27. S billion (includes business, personnel and consumption
taxes)
Economic impact created by beer: $144.5 billion
Total U.S. craft beer industry annual dollar volume: $3.4 billion.
"The continued growth trend really speaks to the stability of craft beer in a variety of
economic environments it has e�perienced. Tlie quality and diversity ofAmerican beer
has never been better. It's exciting to tlzink about what tomorrow will bring."
Paul Gatza, director of tlze Institute for Brewing Studies.
Our Plans
My family has been running a business in our building at 4811 Dusharme Drive since
1974. Our business has changed greatly over thaf time, we originally employed up to 80
people, manufacturing abrasives far the metal-working trade. Since that time, we import
the majority of our products and sell to smaller shops. Unfortunately, the manufacturing
industry has continued to lose jobs to foreign markets. Many customers that we have had
since our inception are closing their doors due to poor business conditions. We are
currently down-sizing our operation into a smaller part of our building. In our building,
we currently lease a 2700 square-foot area to Affordable Remodelers. They are down-
sizing and vacating their space. That is the part of the building in which I would like to
set up the brewery. It would be a good decision to move into a growth industry that has a
future as opposed to staying in the manufacturing business that continues to shrink and
lose jobs to overseas markets.
10
If the city were to amend the zoning ordinance, I could move forward in purchasing
equipment and working with federal regulators for brewery approval. I imagine it would
take axound six months to accomplish the above.
In this proposal, I have attempted to address all reasons why Brooklyn Center would
object to a microbrewery. If there are any issues I have not covered, please let me have
the opportunity to address them.
I hope the city of Brooklyn Center will allow the opening of a microbrewery so we can
stay in our current building and continue to be a provider of jobs to the community. We
have always been good neighbors and worked with the city to solve problems. I think that
the addition of a microbrewery to the city would be an asset for everyone involved.
SPARKY
AsxasrvES
Manufacturer and Distributor
i af Industrial Abrasives
4811 Dasharme Drive
Minneapolis, MN 55429 i
Toll Free 800 32
8-4560
Fax (800) 553-7224
OMAR ATt$pRI Local (612) 535-2311
C b�p O E-mail zspazlry@aol.com
11
From: Todd Blomstrom
To: Ron Warren
Date: 4/28/04 9:47AM
Subject: Micro Brewery
We reviewed the general information provided by Mr. Ansari regarding the potential Micro Brewery on
Dusharme Drive. This site drains to the City's sanitary sewer Lift Station No. 6. Based on the preliminary
data currently provided, it appears that there would be adequate sanitary sewer capacity for a small
brewery operation. However, we may have more comments or conditions regarding peak sanitary sewer
discharge rates and effluent BOD when more specific information is provided.
I
I
I
�I
MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF
HENNEPIN AND THE STATE OF MINNESOTA
STUDY SESSION
Apri129, 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 Graydon Boeck, Rex Newman, Sean Rahn, and Dianne
Reem, were present. Also present were Secretary to the Planning Commission/Planning and
Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Rebecca
Crass. Stephen Erdmann was absent and excused. Tim Roche was absent and unexcused.
APPROVAL OF MINUTES MARCH 25, 2004
There was a motion by Commissioner Newman, seconded by Commissioner Reem,
to approve the minutes of the March 25, 2004 meeting as submitted. The motion passed.
Commissioner Boeck abstained as he was not 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.
DISCUSSION ITEM: REOUEST TO AMEND ZONING ORDINANCE TO ALLOW THE
OPERATION OF A MICRO BREWERY
Mr. Warren described the request from Mr. Omar Ansari, Sparky Abrasives, which is a request
to consider an amendment to the City's Zoning Ordinance to allow the operation of a
microbrewery at 4811 Dusharme Drive in Brooklyn Center. Mr. Warren explained the current
use of the property and the details surrounding Mr. Ansari's request. He also stated that
currently manufacturing of these beverages is not allowed anywhere in the city, however, if a
brewery is to be allowed, the I-2 (General Industry) zoning district and the I-1 (Industrial Park)
district would be the appropriate zones.
Mr. Warren noted that because Mr. Ansari has made a formal request to modify the Zoning
Ordinance, the City must respond within 60 days. The proposal was received on April 15, 2004,
therefore a disposition should be rendered no later than June 14, 2004 by the City Council.
Commissioner Newman asked for clarification on the differences between a microbrewery and a I
brewpub. The differences between these two facilities and the production and consumption of
beer was discussed.
4-29-04
Page 1
Commissioner Rahn inquired about the possibility of tours on the site and how that would be
handled. Mr. Warren explained that "off sale" liquor is not allowed in Brooklyn Center unless it
is through a municipal establishment. He further explained that the consumption of liquor is not
allowed without a full service restaurant. The concept of tours being offered with the
consumption of beer would have to be addressed at a later date.
PUBLIC HEARING: REpUEST TO AMEND ZONING ORDINANCE TO ALLOW THE
OPERATION OF A MICRO BREWERY
There was a motion by Commissioner Newman, seconded by Commissioner Boeck to open the
public hearing regarding a request to amend the Zoning Ordinance to allow the operation of a
microbrewery at 7:56 p.m. The motion passed unanimously. Chair Willson called far comments
from the public.
Mr. Omar Ansari, 1445 Tyrol Trail, Golden Valley, introduced himself and asked for questions
from the Commissioners. He also explained that he has thoroughly researched Minnesota laws
governing microbreweries and his establishment will follow these guidelines.
The Commissioners inquired about deliveries, parking and hours of operation. Mr. Ansari
explained his plans for the business operation and the reasons for his proposal.
The Commissioners also discussed if this use would be allowed in other zoning districts. Mr.
Warren explained how such a use could be allowed in other districts.
CLOSE PUBLIC HEARING
There was a motion by Commissioner Newman, seconded by Commissioner Boeck to close the
public hearing regarding a request to amend the Zoning Ordinance to allow the operation of a
microbrewery at 8:16 p.m. The motion passed unanimously.
The chair called for further discussion or questions from the Commissoners.
The Commission members further discussed approval of the ordinance amendment request.
ACTION TO APPROVE AN AMENDMENT TO THE ZONING ORDINANCE TO ALLOW
THE OPERATION OF A MICRO BREWERY
There was a motion by Commissioner Boeck, seconded by Commissioner Rahn to recommend to
the City Council approval of an Ordinance Amending Chapter 35 Regarding the Manufacturing
of Beer, Wine and Distilled Alcoholic Beverages in both the I-1 and I-2 zoning districts.
Voting in favor: Chair Willson, Commissioner Boeck, Newman, Rahn and Reem.
Voting against: None
The motion passed unanimously.
Mr. Warren informed Mr. Ansari that the matter would be presented to the City Council at the
May 10, 2004 meeting.
4-29-04
Page 2
OTHER BUSINESS
There was no other business.
ADJOLJRNMENT
There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to adjourn
the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at
8:24 p.m.
Chair
Recorded and transcribed by:
Rebecca Crass
4-29-04
Page 3
City Council Agenda Item No. 8b
CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the 14th day of June 2004 at 7:00
p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek
Parkway, to consider an Ordinance Amending Chapter 35 of the City Ordinances of the City of
Brooklyn Center Regarding Allowable Uses in The CC Central Commerce Overlay District.
A�iliary aids for persons with disabilities are available upon request at least 96 hours in
advance. Please contact the Deputy City Clerk at 763-569-3300 to make arrangements.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY
ORDINANCES OF THE CITY OF BROOKLYN CENTER REGARDING
ALLOWABLE USES 1N THE CC CENTRAL COMMERCE OVERLAY
DISTRICT
TI�E CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Section 1. Section 35-2240 of the City Ordinances of the City of Brooklyn
Center is hereby amended to read:
�_�5-?24Q. CC CENTRAL COMMERCE OVERLAY DISTRICT.
1. Land may be designated as being within the CC Central Commerce Overlay District by
city ordinance. Land use within any area so designated shall comply with the regulations
of this section in addition to all regulations applicable to the underlying land use district
established in Sections 35-300 through 35-331 of this Code and other regulations as
applicable.
2[.;;�c F':�:� a.��? ��o� ��.t. �.,�1��������:� The f�ll�wing �is� are allowed in the
CC Central Commerce Overlay District: y�� �g� .:��i:, ,.�;=?x.�
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Rii�iness a�s� .iati�n, nr�fes�innal m mh r�hin �rgani�ati�n�, lah�r uninn� ciy,j�,
�ncial and fraternal a��nciati�n nffirPc
L� Financial in�tit�rti�n� in lndin,g, hut nnt limit d tn, fi�ll �Prvi�e hanl.� nc3 �avir
and l�an a��� .iati�n�
r nr� -in r.hild r.arP nP.nter� li n� .d h� the l��inn �n a 1� »artmPnt nf Piihlic We1�2,��
purs»ant tn a valicl lic n�e annli� atinn, nr�vided that a �n� nf aaid li�PncP a,�
a}�niicati�n �hall h�nhmittPCi anm�all� tn the C'i.�y_.
S T, .�sing nffices nmvic3ed thPre i� nn �t�raae nr c3i�nlav �f nrnd�ic.t� nn th i�cP c;,�
—z
ORDINANCE NO.
t T,ihrarie� and art gall ri
1.� Tn�tructi�nal i��e� f�r art mii�i�, hnt�g��h�, clec�rating, clan itig atid thP lil. ar�c3
sti�di�s f�r likP activit�,
v F,cli�cati�nal �cPC incliiding r��t nndar� hn�l�, hi�Sinecc cr.hn�l�, traclP c�,h�pl�
anc� t_ hP lik�., hnt ex ludin�� �ihlic ancl nrivate Plem ntar�� ancl aPrnndary cr.h��ls-
�K_1 �l
w The retail sal nf fnncl
x �tiL�a Pctahli�hm .nt�
�nvenienee re�tanran nr�vic� d thP� rin nc►t ahi�t an R 1, R nr R� �nn�
disYrict in .lnding ah»tm nt at a n�n-mainr t_ hnrn�ghfare �treet line
F.ating e�tahliShmPn �ff ring live entPrtaimm �t; recreatinn and amncPm nt nlac
such as mnti�n ni�Ynre theatPr� and 1 gitimatP thPatPr; Sn�rt�rena� hn�x�ling a11PV�
�kating rink� gvmn��i»m�, and Pv nt c nt r� rentip.g �a�e tn �raani� ti�n� �nci
inciividnals fnr m ting�, re n i�n�, v nt��gathPrir tracle sh�wc cP minar� anc�
entertaimm �t, all nmvidPd th cin nnt ahut an R1 R� r�,R� �oning district
including ahnYment at a n�n-ma�i�r th�rni��hfarP �trPPt lin
T�IP, 1'P.�91� �al nf h atin and �nlnmhin� n�iir�ma na�� ee Wa lln��r,
elPCtri al �i�n i� and hiiilding�znli�.
bl� The retail �al �f tirP� batterie.s and aiit�mc►hil ar S�nriP.c and marinP nr,�
access�riP�
.c� The re.tail sal �f ann r 1 and r latPd acnPecnries_
The rPtail �ale �f fi�rnitnre, hc►me fi�rni�hing� and rPl�tPd r��nment
?P The retail sale �f mi� Pllan rn�� itPm� St� h a� th f�llrnx�ina•
1,� n_�� and r}�___iP.t,a�� itPm�
2,,� I'�l�nr�
�l Ant�ue� ancl �ec�nclhand mer handieP
�l R�nks anci stati�n r�v.
�l r'rarclPn �t��71jE,q
T�
Z,� El�wers and fl�ral a.r.P�S�ri
�'.i�,ars anci c.igar .ttP�
ORDINANCE NO.
�l NPwc� er� and mas�a�ine�
jQ�l ('.ameras ancl nh� n�ranhic �unnlie�
�l ('Tj�in��Pltie� and �nnvPnir�
�l Pe
]�l (lnt_�l�nncl�
4�Rn�rting gn�dS and hs.V�le.S
£f The f�llnwin� renair/� rvi .e u�
]�l F,1 tri .al r .nair �ervice �hn�,
2,� H�n�eh�lcl an»lian�,P� Plectrical slmnliP�, heating and n�mhin.� a»inment
�l Raelin and telPVi�inn r nair rvi �h�rn
4,� Wat�h, cl�ck anc3 �P�n�P.113t renair �Prvice �h�n�_
�l Tanndering, dr� cle_anin�and d��
g�? (�•as�linP cP�y�r.P �tatinns se .�..tinr �5_d� mntnr vPl�icle renair and autn
waShe� trailer and tn�ck r.ntal in �niimcti�n with the�e nce� nr�vic3ecl that there i�
ac�e�i�atP a= rking�nace avaitahl fnr thPCP vehicle�_ j
11�i The sale �r v il(jlflg at gacn�ina carc�i�r� ctatinnc nf itamc nthar tl�an fiia�S� �i1hYlCantc
�r ai�t�mnt���P narts ancl annP�s�ries (and nther than thP ��Pnding �f s�ft c�rink�
cand�,sgar�.t+PC a cl �ther in .id .ntal items fc►r thP nnnveniennP nf cnstnmer
within the nrincinal hnildin�) nr�vided aclea»ate narkin� iS availahle r.nnsistent with
ihe �ecti�n �5-7(14,�(111 an,_cl��
i� Tran_ sient l��i�
�i Pnhlic tra �rtati�n terminal� (exclnding tnick terrninal�l
kk Tennis cluh�, racket anc� cwim cluh� and c►ther athletic luh�, health S»a� and �i�ntan
stlldi4..�
11 r'Tr�i�n cla� care fa�ilit�PC nr�vidPd dP��PI� ment�, in each snecifi acP, a�
c�em�n�trated tn h
�l C n�1P �x�i,�i P.xi�tin� adiacent land n�e� c�x�Pl,]�c �uith thn i,yS�
nermittecl in the C'� district uenerallT
�l rmm�lt_ '�ta� tn exi�ting ac3�acent lanrl ncPC ac �x�Pll ac �xrith thnce i,y�,q
nermitted in the �i�tric.t gen rallv
�,l (�f c�mnarahle int n�it� tn nPrmittPC1 district land nsPS with r.sn ct t�
7 7 �P.VP.��
ORDINANCE NO.
Plannec� ancl cl .�igned tn a��nrP that genPratPrl traff,r. w;j,LjiP �x,ith�'n th�
nacit V [lf �yat�a}l�e 11i1�'1�i fa i�itiPe anrl ix�ill nnt havP. a��rcP, i'71�
�n t �s fa .ili i a, the immeciiatP neighhc►rhnnd, �r the e�mm»nit,v,
�l Tr�ffic g�nerated hv �thPr »cPC nn the �itP �n�ill nnt�ncP a cianger tn children
Servecl h� the da� �arP ncP
Ft�rtherm�re �r�i� cla� carP farilit�P� chall 1�P c,�ject t� thP �n ,ial r ai�iremPnt�
s�t f�rth i n� r.ti nn 3 5-41
mm_ P athlPtic fiPlri� and nth r r rPati�n anc3 �n n�nace n�P�
nn_ A�re���r� n�P� incidental tc► th fnr g�ing nrin in 11cP.c �A7�'1P.fl �(1CAtP(j nn th �am
nr�rt� �n�ith the u�e tn whi h it i� a�`(`PCCn �ych a� (`,P.CCQr� 11CP.S t(1 111C�iIC� hllt
nnt h r.� rict c� tn the f�il��x�in
�l nffctrPet narking and nff�trPPt lnadin¢
2,� �i�n� a� nern,ittPCl in th Rr�nklvn C'PntPr Si n nrclinance
z
3,1 nutSi_de cii�nla v and �a1P nf mPrchanc��cP nr�vided that an aclminiatrativP
nermit i� fir�t nhtain ci� nr�uant tn ti�n �5-R�� nfth s. nrdinanc .c
4,1 Retail fn�c� chnn� o�ft�ns, h�nk and �tati�nPrv cl��� tnha sh�n�,
�r.nPCS� Patin�? Pctahli�hmentc cale and Service nf nffi�P �n�n.�nl��ai�m�nt
rPW�stand� and �imilar a� e�snry retail �h�}�a within mi�lti�tnry nffce
�1u1�c�lYlg� nver 4� �nnn C I ft jp gr��� flnnr arPa��rn��irlari that therP ic nn
asS�c.iated �ign�� ��isihle fr�m thP Pxteri�r �f the h�iildin�; there iS n� carr�T
�nt ��ive�� �f fn�d fr�m thP 1� ancl thP tntai flnnr arPa nf all �i�rh Sh�n�
�ithin a hnilcling �hall n�t PX('PPC] I n% nf th tntal gm�� ���r arPa �f thP
b�"l�
Ar.r.PCCorv nff-sitP arking n�t 1� at ci nn th �am r�r+v �n�ith thP nrin inal us
s»h; .t tn the nmvisi�n� nf �P .ti�n �5_7�
(1thPr i,cPC cimilar in nat�rrP tn the afnr m nti�n d u� S a� detPrmin d h� the ('i,�
�u11c�i.L
3. The following uses are s�P ,7'fic�ativ not permitted in the CC Central Commerce Overlay
District:
a. sauna establishments
ORDINANCE NO.
b. massage establishments
c. currency exchanges
d. pawn shops
e. secondhand goods dealers
4. The following area is hereby established as being within the CC Central Commerce
Overlay District:
The CC Central Commerce Overlay District is located within the area bounded
by a continuous line beginning at a point located at the intersection of John
Martin Drive and T.H. 100 and going southwesterly along the centerline of T.H.
100 to its intersection with Brooklyn Boulevard; thence northerly along the
easterly right-of-way line of Brooklyn Boulevard to a point located
approximately 445' northerly of its intersection with County Road No. 10; thence
east along an extended line made up of the south boundar� lines of the plats for
Grimes 2" Addition, Hipp's 4 Addition and Hipp's S Addition, Hennepin
County, continued to th nt .rline nf Shingle Creek thence
northerly along the centerline [;.��SY� rit���t--��° ��Y�� ii���:] of Shingle Creek
F,<�
t:�> �����-ti� �������.c�<��r 1:1�� �:��t�t f�>�• ���<�t:���������. �����E�rc. ,���.�i�s��s�
���:°��#+�:���i�� rc, rhP centPrlin nf T thence easterly along said line [t�� t����
I���T�.�'�:�it i.:��t��; =`i �i�t.�� tn thP �Pnterline c►f T�umhnlcit AvP�
N�rth; thenr.e coi�therl� tn thP nPnterline �f T.H_ 1 thenCe ����=�z��1�°�'��'�
sni�th to the point of the beginning.
Section 2. This ordinance shall become effective after adoption and upon thiriy
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: June 9, 2004
SUBJECT: An Ordinance Amending Chapter 35 of the City Ordinances of the City of Brooklyn Center
Regarding Allowable Uses in the CC Central Commerce Overlay District
At its May 10, 2004, meeting, the Brooklyn Center City Council approved first reading of An Ordinance
Amending Chapter 35 of the City Ordinances of the City of Brooklyn Center Regarding Allowable Uses
in the CC Central Commerce Overlay District.
The second reading and Public Hearing are scheduled for June 14, 2004. Notice of Public Hearing was
published in the Brooklyn Center Sun-Post newspaper on May 29, 2004. If adopted, effective date will
be July 24, 2004. Materials that were included in the May 10, 2004, Council agenda are also attached.
Attachments
6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number
Brooklyn Center, MN 55430-2199 (763) 569-3400
City Hall TDD Number (763) 569-3300 FAX (763) 569-3434
FAX (763) 569-3494
w ww. cityo fbrooklyncenter. org
PLA.SINIl�IG COMI��IISSION AGENDA
CITY OF BROOKLYN CENTER
MARCH 25, 2004
STUDY SESSION
1. Call to Order: 7:30 p.m.
2. Roll Call
3. Administer Oath of Office Tim Roche
4. Approval of Minutes January 15, 2004
5. Chairperson's Explanation
The Planning Commission is 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.
6. Steve Lewis (Hertz
2004-006
Request for Special Use Pernut to operate an automobile rental and leasing operation
with out of door storage of vehicles at 6201 Brooklyn Boulevazd.
7. Study Item:
Moratorium on Churches and Religious Uses in Commercial and Industrial Zones.
a. Draft Ordinance Amendment Regarding Allowable Uses in the CC Central
Commerce Overlay District.
8. Other Business
9. Adj ournment
J
MEMORANDUM
TO: Michael McCauley, City Manager
FROM: Brad Hoffinan, Community Development Directar
DATE: September 17, 2003
SUBJECT: Moratorium/Emergency Ordinance
The Council will have before them a first reading of an emergency ordinance that would
create a moratorium on the development or placement of new religious buildings within the City.
The mozatorium would be for a sixty (60) days. A regular ordinance would follow creating a six
(6) month study period. Currently, churches are allowed as a special use in Rl, R2, RS and I1
zones. Churches are a permitted use in C 1 and C2 zones.
Of particular concern is the availability of commercial space that can potentially be
converteii to churches. Recently, the Salvation Army building was converted to a church. Staff
has received inquiries relative to the sale and conversion of the State Farm building to a church
as well as another site in the Metro Councils Opportunity Site. A number of buildings within the
opportunity site are or will be available to such conversion. While Brooklyn Center has
considered the placement of churches in the past, the potential for such conversions in the
opportunity site could have a profound impact upon the City's ability to redevelop that area.
A moratorium would permit the City to consider the impact such development will have
as well as the appropriateness of different zonings for church development. The City Attorney
will have a prepared draft of an ordinance for Council consideration. Assuming the Council
adopts the moratorium, the matter would be referred to the Planning Commission for study and
recommendations. I will be available Monday evening to answer questions on this matter.
CITY OF BR
OOKLYN CENTER
th
Notice is hereby given that a public hearing will be held on the 14 day of January 2002, at 7:00
p.m. at City Hall, 6301 Shingle Creek Parkway, to consider an ordinance establishing the Central
Commercial Overiay District.
Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance.
Please notify the personnel coordinator at 612-569-3303 to make arrangements.
ORDINANCE NO. 2002-01
AN ORDINANCE ESTABLISHING THE CENTRAL
COMMERCIAL OVERLAY DISTRICT
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Section 1. Section 35-2000 of the City Code of Ordinances is amended as follows:
Section 35-2000. OVERLAY DISTRICTS. In addition to the land use districts listed in
Section 35-300 of this ordinance, the following Overlay Districts are hereby established:
1. Flood Plain District
2. Critical Area District
3. Historical Preservation District
4. CC Central Commerce Overlay District
Any'land which is classified by this ordinance as being within an Overlay District shall
be subject to the regulations governing land use activities witYun such a district in addition to the
use regulations established in Sections 35-300 through 35-331 of this ordinance, and to any other
regulations as applicable.
Section 2. The City Code of Ordinances is amended by adding new section 35-2240 as
follows:
Section 35-2240. CC CENTRAL COMMERCE OVERLAY DISTRICT
1. Land may be desi�nated as bein� within the CC Central Commerce Overlav
District by city ordinance. Land use within any area so desi�nated shall complv with the
regulations of this section in addition to all re�ulations applicable to the underlvin� land use
district established in Sections 35-300 throu�h 35-331 of this Code r
and othe re lations as
�u
applicable.
4RDINANCE NO. 2002-01
2. Uses allowed in the underlyin� land use district are allowed in the CC Central
Commerce Overlay District except as provided in this section.
3. The following uses are not permitted in the CC Cen
tral Co
mmerce
Overla
Distnct:
v,
a. sauna establishments
b, massage establishments
c. currency exchan�es
d. pawn shops
e. secondhand �oods dealers
4. The followinQ azea is herebv established as bein� within the CC Central
Commerce Overlay District:
The CC Central Commerce Overlay District is located within the area bounded bv
a continuous line be�inrun� at a point located at the intersection of John Martin
Drive�and T.H. 100 and �oing southwesterlv alon� the centerline of T.H. 100 to
its intersection with Brooklvn Boulevard; thence northerlv alon� the easterly
right-of-way line of Brooklyn Boulevazd to a point located approximately 445'
northerly of its intersection with Countv Road No. 10; thence east alon� an
extended line made up of the south boundary lines of the plats for Grime� 2
Addition, Hipp's 4`" Addition and Hipp's 5�' Addition, Hennenin Countv,
continued to Shin�le Creek Parkwav; thence northerlv alon� the east riQht-of-way
line of Shin�le Creek Parkway to the north boundary line of the plat for
Brookdale Square 2" Addition, Hennepin County; thence easterly along said line
to the John Martin Drive ri�ht-of-wav line; thence southerlv to the noint of the
beginning�
Section 3. This ordinance shall become effective after adoption and upon thirty (30) days
following its legal publication.
Adopted this 14` day of January 2002.
Mayo�
ATTEST:4L��G��/�i?�I ,Y�7�i/(
City Clerk
Date of Publication: January 23, 2002
Effective Date: February 22, 2002
(Underline indicates new matter; strikeout indicates matter to be deleted.)
DRAFT
CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the day of 2003, at
7:00 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek
Parkway, to consider an Ordinance Amending Chapter of the City Ordinances
Regarding
Aw�iliary aids for persons with disabilities are available upon request at least 96 hours in
advance. Please contact the City Clerk at 763-569-3300 to make arrangements.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 35 REGARDING ALLOWABLE
USES 1N THE CC CENTRAL COMIV�RCE OVERLAY DISTRICT.
THE CITY COUNCIL OF TI� CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Section 1:
�ecti�n �5_��q.Q CC CENTRAL COMMERCE OVERLAY DISTRICT.
1. Land may be designated as being within the CC Central Commerce Overlay District by
city ordinance. Land use within any area so designated shall comply with the regulations
of this section in addition to all regulations applicable to the underlying land use district
established in Sections 35-300 through 35-331 of this Code and other regulations as
applicable.
2 The f�llnwinu »�P� are allowed in the CC
Central Commerce Overlay District:
3. The following uses are sn ..ifirallv not permitted in the CC Central Commerce Overlay
Distnct:
a. sauna establishments
b. massage establishments
c. currency exchanges
d. pawn shops
e. secondhand goods dealers
i
4. The following area is hereby established as being within the CC Central Commerce
Overlay District:
The �C Central Commerce Overlay District is located within the area
bounded by a continuous line beginning at a point located at the
intersection of John Martin Drive and T.H. 100 and going
southwesterly along the centerline of T.H. 100 to its intersection with
Brooklyn Boulevard; thence northerly along the easterly right-of-way
line of Brooklyn Boulevard to a point located approximately 445'
northerly of its intersection with County Road No. 10; thence east
along an extended line made up of the south boundary lines of the plats
for Grimes 2" Addition, Hipp's 4�' Addition and Hipp's S Addition,
Hennepin County, continued to the centerline nf Shingle Creek
�ay; thence northerly along the centerline of
Shingle Creek
$roo�
I94; thence easterly along said line
�-tn the centPrline nf Hnmh�ldt Av m�P 1`Tnrth; Yhence S�nthPrl�
f.Q the centerlin of T H 1 n� thence south�riy s�nthwesterlv to the
point of the beginning. y
Section 2. This ordinance shall become effective after adoption and upon thirty
days following its legal publication.
Adopted this day of 2004.
Mayor
ATTEST•
City Clerk
Date of Publication
Effective Date
(Strikeouts indicate matter to be c3eleted, underline indicates new matter.)
z
i
PROPOSED USES IN THE EXPANDED CC CENTRAL COMMERCE OVERLAY
DISTRICT
1. Finance, insurance, real estate and investment office.
2. Medical, dental, osteopathic, chiropractic and optometric offices. The compounding,
dispensing or sale (at retail) of drugs, prescription items, patent or proprietary medicines,
sick room supplies, prosthetic devices or items relating to any of the foregoing when
conducted in the building occupied primarily by medical, dental, osteopathic, chiropractic
or optometric offices.
3. Legal office, engineering and architectural offices, educational and scientific research
offices (excluding laboratory facilities), accounting, auditing and bookkeeping offices,
urban planning agency offices.
4. Beauty and barber services.
5. Funeral and crematory services.
6. Photographic services.
7. Apparel repair, alteration and cleaning pickup stations, shoe repair.
8. Advertising offices, provided that the fabrication of signs shall not be a permitted use.
9. Consumer and mercantile credit reporting services office, adjustment and collection
service offices.
10. Duplicating, mailing and stenographic service offices.
11. Employment agency offices.
12. Business and management consultant offices.
13. Detective and protective agency offices.
14. Contractor's offices.
15. Governrnental offices.
16. Business association, professional membership organizations, labor unions, civic, social
and fraternal association offices.
17. Financial institutions including, but not limited to, full-service banks and savings and
loan associations.
18. Drop-in child care centers licensed by the Minnesota De ariment of Public Welfare
P
pursuant to a valid license application, provided that a copy of said license and
application shall be submitted annually to the City.
19. Leasing offices, provided there is no storage or display of proclucts on the use site.
20. Libraries and 'e
art allen s.
g
21. Instructional uses for art, rnusic, photography, decorating, dancing and the like and
studios for like activity.
22. Educational uses including post secondary schools, business schools, trade schools and
the like, but excluding public and private elementary and secondary schools. (K-12).
23. The retail sale of food.
24. Eating establishments, provided they do not offer live entertainment and further
provided that the category does not permit drive-in eating places and convenience-food
restaurants.
25. The retail sale of heating and pluxnbing equipment, paint, glass, and wallpaper, electrical
supplies, and building supplies.
26. The retail sale of tires, batteries and automobile accessories and marine craft
accessories.
27. The retail sales of apparel and related accessories.
28. The retail sale of furniture, home furnishings and related equipment.
29. The retail sale of miscellaneous items such as the following:
a. Drugs and proprietary items
b. Liquors
c. Antiques and secondhand merchandise
d. Books and stationery
e. Garden supplies
f. Jewelry
g. Flowers and floral accessories
h. Cigars and cigarettes
i. Newspapers and magazines
j. Cameras and photographic supplies
k. Gifts, novelties and souvenirs
1. Pets
m. Optical goods
n. Sporting goods and bicycles
30. The following repair/service uses:
a. Electrical repair service shops.
b.
House
hold a li
ances electrical
su lies he
PP pp atmg and plumbing equipment.
c. Radio and television re air servic
e sho s.
P
P
d. Watch, clock and jewelry repair service shops.
e. Laundering, dry cleaning and dyeing.
31. Gasoline service stations (see Section 35-414), motor vehicle repair and auto washes,
trailer and truck rental in conjunction with these uses, provided that there is adequate
parking space available for these vehicles.
32. The sale or vending at gasoline service stations of items other than fuels, lubricants or
automotive parts and accessories (and other than the vending of soft drinks, candy,
cigarettes and other incidental items for the convenience of customer s within the
principal building) provided adequate parking is available consistent with the Section
35-704, 2 (b) and 2 (c).
33. Drive-in eating establishments and convenience-food restaurants. (Convenience food
restaurants without drive-up facilities and located within the principal structure of a
shopping center of over 250,000 sq. ft. of gross floor area shall be considered a
permitted use.)
34. Eating establishments offering live entertainment; recreation and amusement places
such as motion icture the
p a t e r s an d l e g i t i m a t e t h e a t e r; s p o rt s a r e n a s, b o w l i n g a l l e y s,
skatin rinks
and
g gymnasiums.
35. Transient lodging.
36. Tennis clubs, racket and swim clubs and other athletic clubs, health spas and suntan
studios.
37. Group day care facilities provided developments, in each specific case, are
demonstrated to be:
l. Compatible with existing adjacent land uses as well as with those uses
permitted in the C2 district generally.
2. Complementary to existing adjacent land uses as well as with those uses
permitted in the C2 district generally.
3. Of comparable intensity to permitted C2 district land uses with respect to
activity levels.
4. Planned and designed to assure that generated traffic will be within the
capacity of available public facilities and will not have an adverse impact
upon those facilities, the immediate neighborhood, or the community.
5. Traffic generated by other uses on the site will not pose a danger to children
served by the day care use.
Furthermore, group day care facilities shall be subject to the special requirements set
forth in Section 35-412.
38. Public parks, playgrounds, athletic fields and other recreation and open space uses.
39. Accessory uses, incidental to the foregoing principal uses when located on the same
property with the use to which it is accessory. Such accessory uses to include but not be
restricted to the following:
a. Offstreet parking and offstreet loading.
b. Signs as permitted in the Brooklyn Center Sign Ordinance.
c. Outside display and sale of inerchandise provided that an administrative permit is
first obtained pursuant to Section 35-800 of these ordinances.
d. Retail food shops, gift shops, book and stationery shops, tobacco shops, accessory
eating establishments, sale and service of office supply equipment, newsstands
and similar accessory retail shops within multistory office buildings over 40,000
sq. ft. in gross floor area, provided: that there is no associated signery visible
from the exterior of the building; there is no carry-out or delivery of food from the
lot; and the total floor area of all such shops within a building shall not exceed
10% of the total gross floor area of the building.
40. Accessory off=site parking not located on the same property with the principal use
subject to the provisions of Section 35-701.
41. Other uses similar in nature to the aforementioned uses, as determined by the City
Council.
MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF
HENNEPIN AND THE STATE OF MINNESOTA
STUDY SESSION
MARCH 25, 2Q04
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 IHERTZI
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 Brooklyn 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 C-2 (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 i
development plan or significant modification to the parking lot.
Commissioner Rahn in uired if the current landsca e re uirements had been on the site in the
q P q
ast. Mr. Warren ex lained that it is a meth d u t us la
p p o c nen ly ed to evaluate ndscape 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 mation 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 landsca in
P g•
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 apptication 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 that he agrees wholly 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
I since the canopy is there, they would use the area for parking only.
3-25-04
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 RECOMMEND 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 storage of vehicles at 6201 Brooklyn Boulevard subject to the following
conditions:
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 doar 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 prior to the I
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 reviewed by the Planning Commission will require
that the application be returned to the Commission for reconsideration.
STUDY ITEM: MORATORNM ON CHURCHES AND RELIGIOUS USES IN
COMMERCIAL AND INDUSTRIAL ZONES
Mr. Warren described the area where a maratorium 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 tliat t�he 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 �oning 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
zomng 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 A�lowable 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. Warr�n 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. 8c
CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the 14th day of June 2004 at 7:00
p.m. or as soon thereafter as the matter may be heard at City Hall, 6301 Shingle Creek Parkway,
to consider An Ordinance Providing for the Sale of Certain Land in the City.
Auxiliary aids for handicapped persons are 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 AUTHORIZING THE SALE OF CERTAIN LAND 1N THE
CITY
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
I. BACKGROUND
L L The City is the owner of certain real properties in the City of Brooklyn Center,
consisting of excess highway right of way adjacent to Interstate Highway No. I-94 from the
south city limits to Interstate Highway No. I-694, and Iegally described in Resolution No. 2004-
66 (the "Subject Properties").
1.2. The Cit Council has determin
y ed that rt is m the best mterest of the Crty to sell the
Subject Properties to the owners of adjacent properties for combination with the adjacent
properties, on the terms and conditions of a Purchase Agreement, a copy of which is on file with
the City Clerk (hereinafter the "Purchase Agreement").
1.3. The City Council hereby determines that the proposed disposal of the Subject
Properties has no relationship to the comprehensive municipal plan.
II. SALE OF PROPERTY
2.1. The Mayor and City Manager are authorized and directed to execute the Purchase
Agreement with respect to any one or more of the Subject Properties and take all steps necessary
to effect the terms thereof including the conveyance of one or more of the Subject Properties
upon satisfaction by buyer of all terms of the Purchase Agreement.
2.2. The sale prices of the Subject Properties are set forth in Resolution No. 2004-66.
It is expected that the sales of the Subject Properties may occur over a period of several years.
The City Manager is authorized to annually re-establish the sale prices for the Subject Properties,
using the same criteria that were used to establish the sale prices set forth in Resolution No.
2004-66.
ORDINANCE NO.
2.3. The actions of City staff, the Mayor and City Manager in conveying any of the
Subject Properties prior to the date of this Ordinance are hereby ratified and approved in all
respects, and those sales are authorized by this Ordinance.
III. EFFECTIVE DATE
3.1. This Ordinance shall become effective after adoption and upon thirty (30) days
following its legal publication.
Adopted this 14 day of May, 2004.
Mayor
ATTEST:
City Clerk
Date of Publication: June 24, 2004
Effective Date: Jul 24 2004
Y
(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
McCaule Cit Mana er
Y Y g
FROM: Sharon Knutson, City Clerk
DATE: June 9, 2004
SUBJECT: An Ordinance Authorizing the Sale of Certain Land in the City
At its May 10, 2004, meeting, the Brooklyn Center City Council approved first reading of An Ordinance
Authorizing the Sale of Certain Land in the City.
The second reading and Public Hearing are scheduled for June 14, 2004. Notice of Public Hearing was
published in the Brooklyn Center Sun-Post newspaper on May 29, 2004. If adopted, effective date will
be July 24, 2004. Materials that were included in the May 10, 2004, Council agenda are also attached.
Attachments
6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number
Brooklyn Center, MN 55430-2199 (763) 569-3400
City Hall c� TDD Number (763) 569-3300 FAX (763) 569-3434
FAX (763) 569-3494
www. cityofbrooklyncenter.org
MEMORANDUM
TO: Michael J. McCauley, City Manager
FROM: Tom Bublitz, Communit Develo ment S ecialist l G'
Y P P
DATE: An Ordinance Authorizing the Sale of Certain Land in the City and a Resolution
Authorizing the Sale of Certain Land in the City
This is a housekeeping ordinance which authorizes the sale of numerous remnant parcels of land
which were acquired by the Minnesota Department of Transportation (MnDOT) during the
construction of I-94 from the south city limits to I-694. Consideration of this item was prompted
by a request from a property owner to purchase one of the remnant parcels.
A summary of the history and requirement for City Council action on this item follows:
When I-94 was constructed, numerous remnant parcels of excess right of way were
leftover when the project was completed. MnDOT plat maps showing the location of the
parcels are included with this memorandum.
These remnant parcels ranged in size from a few hundred square feet to 15,000 sq. ft.
The average is about 4,500 sq. ft.
NlnDot deeded the remnant parcels to the City in the late 1980's.
The City offered these remnant parcels to abutting property owners and several of the
parcels were purchased for numerous reasons including, acquiring additional property on
which to erect a garage or some other structure, to build a fence, for non-conforming
properties acquiring additional property to help meet setback or other requirements and
increasing the resale value of property with a minimal increase in property t�.
The price of the parcels was established on a per square foot basis based on average
values of similar property.
The Brooklyn Center City Charter requires that land sold by the City must be done so by
ordinance. The primary intent of this Charter requirement addresses more sizeable
parcels than the remnants considered here, but the remnant parcels do fall under the
Charter requirement. Staff is not aware of an ordinance being passed when the lots were
initially conveyed in the late 1980's and early 1990's. The ordinance and resolution
offered for City Council consideration includes all MnDOT turnback parcels including
those already sold and those yet to be sold.
Staff is recommending the following items relative to compliance with City Charter
requirements.
A Resolution Authorizing The Sale of Certain Land In The City, which would establish
that the conveyance of the remnant parcels be accomplished by purchase agreement and
the establishment of sale prices for the parcels. A copy of the purchase agreement is
included with this memorandum.
The resolution would also include the legal descriptions of all the remnant parcels and
would serve to saye publication costs since the "legals" would not have to be published in
the City's official newspaper as part of the ordinance.
An Ordinance Authorizing The Sale Of Certain Land In The City which meets the City's
obligations for selling land pursuant to the City Charter.
The ordinance incorporates the resolution authorizing the sale of certain land in the city
and also authorizes the sale of the parcels described in the resolution.
A copy of the purchase agreement for the remnant parcels is also included with this
memorandum. The purchase agreement conveys the property by quit claim deed and makes no
claim as to the title on the remnant parcels. Essentially, this means that in its conveyance of the
remnant parcels to the City, MnDOT did not make any claims as to the marketability of title to
the remnant parcels. The City in turn will sell the lots with the same caveat and cannot provide
any type of warranty on the titles.
Both a Resolution Authorizing The Sale Of Certain Land In The City and an Ordinance
Authorizin The Sale
g of Certam Land In The Crty is included for Council consideration. The
order of action on these items is that the resolution should be considered first and the ordinance
considered second.
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PURCHASE AGREEMENT
1. PARTIES. This Purchase Agreement is made on 2002, by and
between the CTTY OF BROOKLYN CENTER, a Minnesota municipal corporation, 6310 Shingle
Creek Parkway, Brooklyn Center, Minnesota 55430 (Seller) and a single
person, Brooklyn Center, NIN 55430 (Buyer).
2. OFFERJACCEPTANCE. Buyer offers to purchase and Seller agrees to sell real
properiy legally described on the attached Exhibit A, which property is located in the City of
Brooklyn Center, County of Hennepin, State of Minnesota (the "Propert}�').
3. PRICE AND TERMS. The price for the Property is
Dollars which Buyer shall pay by certified check on the
Date of Closing.
4. DEED AND DECLARATION. Upon performance by Buyer, Seller shall execute
and deliver a Quit Claim Deed conveying title to the Property to Buyer. Buyer shall execute a
declaration of restrictive covenant, in a form to be provided by Seller, that requires the Properly to
be maintained in common ownership with the adjacent real property presently owned by Buyer.
5. REAL ESTATE AND SPECIAL ASSESSMENTS. Seller shall pay on Date of
Closing the real estate taxes due and payable in the year of closing. Seller shall pay on Date of
Closing all special assessments levied against the Properiy as of the date of this agreement,
including those certified for payment with taxes due and payable in the year of closing. Seller
represents that there are no speciat assessments pending as of the date of this agreement. If a special
assessment becomes pending after the date of this agreement and before the Date of Closing, Buyer
may, at Buyer's option:
A. Assume payment of the pending special assessment without adjustment to the
purchase agreement price of the property; or
B. Require Seller to pay the pending special assessment and Buyer shall pay a
commensurate increase in the purchase price of the Properiy, which increase shall be
the same as the estimated amount of the assessment; or
C. Deelare this agreement null and void by notice to Seller, and earnest money shall be
refunded to Buyer.
The Buyer is responsible for real estate taxes due and payable in the year following the
closing. The Seller represents that the Property had a non-homestead classification for real estate
taxes payable in 2002.
6. CONDITION OF PROPERTY. The Property is vacant, undeveloped land. Buyer
acknowledges that it has inspected or has had the opporhulity to inspect the Property and agrees to
accept the Property "AS IS." Seller makes no warranties as to the condition of the Property.
c.e,x-ZO9so2�2 1
BR291-106
7. TITLE MATTERS. Buyer is aware that there is no Abstract of Title for the
Pro e, and Seller is under no obli ation to rovide an Abstract of Title. Seller makes no
P rtY g P
representation as to the marketability of title to the Property.
8. WELL DISCLOSURE. The Seller certifies that it does not know of any wells
located on the Property.
9. DISCLOSURE; INDIVIDUAL SEWAGE TREATMENT SYSTEM. Seller
discloses that there is not an individual sewage treatment system on or serving the Purchase
Property.
10. TIME IS OF THE ESSENCE FOR ALL PROVISIONS OF THIS
CONTRACT.
11. NOTICES. All notices required herein shall be in writing and delivered personally
or mailed to the address shown at paragraph 1 above and, if mailed, are effective as of the date of
mailing.
12. CLOSING COSTS. At Closing Seller shall pay the amount of State Deed Tax
payable on the deed conveying the Property to Buyer. Buyer shall pay the filing fees for the deed
and declaration.
13. MINNESOTA LAW. This contract shall be governed by the laws of the State of
Minnesota.
In witness of the foregoing, the parties have executed this agreement on the year and date
written above.
SELLER
CITY OF BROOKLYN CENTER
Dated: B
Its Mayor
Dated: B
Its City Manager
BUYER
Dated:
c�-ZO9so2�z 2
BR291-106
EXHIBIT A
CITY OF BROOKLYN CENTER
PARCEL
[insert legal description]
cnx-ZO9so2�2 A-1
BR291-106
City �ouncil Agenda Item No. 8d
CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the 14th day of June 2004, at 7 p.m.
or as soon thereafter as the matter may be heard at Ci ty Ha l l, 6 3 0 1 S hing le Cree k Par kway, to
consider An Ordinance Relating to the Regulation of Dangerous Dogs and Potentially Dangerous
Dogs in the City; Amending Chapter 1 of the Brooklyn Center City Code.
Auxiliary aids for handicapped persons are 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 REGULATION OF DANGEROUS
DOGS AND POTENTIALLY DANGEROUS DOGS 1N THE CITY;
AMENDING CHAPTER 1 OF THE BROOKLYN CENTER CITY CODE
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Section 1. Brooklyn Center City Code Chapter 1 is amended by adding new
Sections 1-250 through 1-280 as follows:
Section 1-250. DEFINITIONS. For the nurnoses of Sections 1-250 throuEh 1-280. the
terms defined in this Section shall have the meanin� �iven them. Terms not defined in this
Section shall have the meanin� eiven them in Section 1-101 of this Code.
1. Dan�erous do�. Dan�erous do� means anv do� that has:
a. without nrovocation, inflicted substantial bodilv harm on a human bein�
on nublic or nrivate nronertv;
b. killed a domestic animal without nrovocation while off the owner's
r�onertv; or
c. been found to be notentiallv dan�erous. and after the owner has notice that
the do� is notentiallv dan�erous, the do� a��ressivelv bites, attacks. or
endan�ers the safetv of humans or domestic animals; or
d. been determined to be a dan�erous do� bv the Citv or anv other
�overnmental iurisdiction.
2. Potentiallv dan�erous dog. Potentiallv dangerous do� means anv do� that:
a. when unnrovoked. inflicts bites on a human or domestic animal on bublic
or nrivate nronertv:
b. when unnrovoked, chases or annroaches a nerson, inciudin� a nerson on a
bicvcle. unon the streets, sidewalks, or anv nublic or nrivate nrobertv,
other than the dog owner's nronertv, in an annarent attitude of attack;
ORDINANCE NO.
c. has a known nronensitv. tendencv, or distiosition to attack unprovoked,
causin� iniurv or otherwise threatenine the safetv of humans or domestic
animals; or
d. been determined to be a notentiallv dan�erous do� bv the Citv or anv
other �overnmental iurisdiction.
3. Proner Enclosure. Proner enclosure means securelv confined indoors or in a
seeurelv enclosed and locked nen or structure suitable to prevent the animal from
escaning and nrovidin� nrotection from the elements for the do�. A broner
enclosure does not include a norch, natio, or anv nart of a house. �arase, or other
structure that would allow the dog to exit of its own volition, or anv house or
structure in which windows are onen or in which door or window screens are the
onlv obstacles that nrevent the do� from exitin�.
4. Owner. Owner means anv nerson. firm, cornoration or�anization, or denartment
possessin�. harborin�, keenin�, havin� an interest in, or havin� care. custodv, or
control of a do�.
5. Great bodilv harm. Great bodilv harm means bodilv iniurv which ereates a hieh
probabilitv of death, or which causes serious nermanent disfi�urement, or which
causes a nermanent or nrotracted loss or imnairment of the function of anv bodilv
member or orean ar other serious bodilv harm.
6. Substantial bodilv harm. Substantial bodilv harm means bodilv iniurv which
invokes a temnorarv but substantial disfi�urement. or which causes a temborarv
but substantial loss or imnairment of the function of anv bodilv member or or�an,
or which causes a fracture of anv bodilv member.
Section 1-255. DECLARATION OF DANGEROUS OR POTENTIALLY
DANGEROUS DOGS.
1. Notice to Oumer. If the animal control officer determines after an investi�ation
that a do� is notentiallv dan�erous or dan�erous accordin� to the criteria in
Section 1-250 (11 or (21. the animal control officer will serve a notice of intent on
the owner of the do� to declare the do� notentiallv dan�erous or dan�erous. Such
notice shall inform the owner of this desi�nation, the basis for the desi�nation, the
procedures for contestin� the designation as described in Section 1-255 (21(al and
the result of the failure to contest the desi�nation as described in Section 1-255
(21(bl. Ubon receint of notice of intent. the do� owner must comnlv with the
reauirements of Section 1-270.1 and continue to comnlv with such reauirements
until the do� is dead or removed from the Citv, or the Citv has determined that the
do� is not dan�erous or notentiallv dan�erous. The owner shall be informed of
this reauirement in the notice of intent.
ORDINANCE NO.
2. Contestin� Declaration of Dan�erous or Potentiallv Dan�erous Do�s.
a. If the owner of a do� has received a notice of intent under Section 1-255
(1 l, the owner mav reauest that a hearin� be conducted to determine
whether ar not such a desi�nation is iustified. Such reauest must be made
in writin� and delivered to the Citv Mana�er within 14 davs of receint of
the notice of intent.
b. If the owner fails to contest the notice of intent within 14 davs, the owner
forfeits the ri�ht to a hearin� and the declaration of the do� as botentiallv
dan�erous or danEerous is final. The Citv Mana�er will then issue a
declaration to the owner and the owner must comnlv with all applicable
reauirements of this Section or cause the do� to be humanelv destroved or
removed from the Citv limits.
3. Hearin� Procedure. Within ten davs after receivins the owner's reauest for a
hearin�, the Citv Mana�er will notifv the do� owner of the hearin� date. The
hearin� will be scheduled within fortv-five davs. The hearin� will be conducted
bv the Animal Control Review Panel. which will consist of three members, as
appointed bv the Mavor. The owner mav call witnesses and nresent evidence on
his or her behal£ A simnle maioritv of the members of the Panel is necessarv for
a findin� that the do� is either dan�erous or notentiallv dangerous. The Panel must
inform the owner of its decision in writin� and must state the reasons for its
decision.
4. Effect of Findin�s. If the Panel finds that there is a sufficient basis to declare the
do� notentiallv dan�erous or dan�erous, the owner must immediatelv complv with
all applicable reauirements of this Ordinance or immediatelv cause the do� to be
humanelv destroved or removed front the Citv limits.
5. Anneal. If the owner of the do� disnutes the decision of the Panel, the owner mav
apneal the decision of the Panel to the Citv Council. An abneal to the Citv
Council must be in writinQ and submitted to the Citv Mana�er within 14 davs of
the Panel's decision. The owner mav anneal the decision of the Citv Council in
accordance with nrocedures under state law.
Section 1-260. REVIEW OF DECLARATION. Be�innin� six months after a do� is
declared a notentiallv dan�erous or dan�erous do�, an owner mav reauest annuallv that the
Animal Control Officer review the desi�nation. The owner must nrovide evidence that the do�'s
behavior has chan�ed due to the do�'s a�e, neuterin�, environment, comnletion of obedience
training that includes modification of a��ressive behavior. or other factors. If the Animal
Control Officer find's sufficient evidence that the do�'s behavior has chan�ed, the potentiallv
dan�erous or dan�erous desi�nation mav be rescinded.
ORDINANCE NO.
Section 1-265. REGISTRATION.
1. Reauirement. No nerson mav own a notentiallv dan�erous or dan�erous do� in
the Citv unless the dog is re�istered as nrovided in this Section.
2. Certificate of Re�istration. The Citv Mana�er will issue a certificate of
re�istration to the owner of a notentiallv dan�erous or dan�erous do� if the owner
presents sufficient evidence that:
a. a nroner enclosure exists for the do� and all accesses to the nremises are
posted with clearlv visible warnin� si�ns issued or at�uroved bv the
Animal Control Officer, that there is a notentiallv dan�erous or dan�erous
do� on the pronertv;
b. in the case of a dan�erous doe onlv, a suretv bond to be held bv the Citv
Clerk has been issued bv a suretv comnanv authorized to conduct business
in this state in a form accentable to the Citv Clerk and the Citv Attornev in
the sum of at least $50,000. navable to anv nerson iniured bv the
dan�erous dog, or a nolicv of liabilitv insurance has been issued bv an
insurance comnanv authorized to conduct business in this state in the
amount of at least $50.000. insurin� the owner for anv nersonal iniuries
inflicted bv the daneerous do�;
c. the owner has naid the annual re�istration fee as provided for in this
Section: and
d. the owner has had microchin identification imnlanted in the dan�erous do�
or botentiallv dan�erous do� as reauired under Minn. Stat. 347.515.
3. Warnin� Si�n. If the Citv issues a certificate of re�istration to the owner of a
potentiallv dangerous do� or dan�erous do� under Section 1-265 (21. the Citv
will brovide, for nostin� on the owner's nronertv, a cobv of a warnin� svmbol to
inform children that there is a dan�erous do� on the bronertv. The Citv mav
char�e the do� owner a reasonable fee to cover its administrative costs and the
costs of the warning svmboL
4. Fee. The Citv will char�e the owner an annual fee to obtain a certificate of
re�istration for a uotentiallv dan�erous or dan�erous do�.
5. Ta�. A notentiallv dan�erous or dan�erous do� re�istered under this Section must
have a tae, issued bv the Citv, identifvin� the do� as potentiallv dan�erous or
dangerous. This ta� must be affixed to the do�'s collar and worn bv the do� at all
times.
ORDINANCE NO.
6. Exemntion. Do�s mav not be declared notentiallv dan�erous or dan�erous if the
threat, iniurv, or dama�e was sustained bv a nerson:
a. who was committin� at the time. a willful tresnass or other tort unon the
bremises occunied bv the owner of the do�:
b. who was nrovokin�, tormentin�, abusin�. or assaultin� the do� or who can
be shown to have reneatedlv. in the nast. nrovoked, tormented. abused, or
assaulted the do�; or
c. who was committing or attemntin� to commit a crime.
7. Law Enforcement Exemntion. The nrovisions of this Section do not annlv to do�s
used bv law enforcernent officials for nolice work.
Section 1-270. POTENTIALLY DANGEROUS AND DANGEROUS DOGS:
ADDITIONAL REOUIREMENTS.
1. Enclosure. An owner of a notentiallv dan�erous or dan�erous do� shall keeb the
do�. while on the owner's nronertv, in a nroner enclosure. If the do� is outside
the broner enclosure, the do� must be muzzled and restrained bv a substantial
chain or leash and under the nhvsical res�raint of a resnonsible nerson. The
muzzle must be made in a manner that will nrevent the do� from bitins anv
person or animal but that will not cause iniurv to the do� or interfere with its
vision or resniration.
2. Re�istration Renewal. An owner of a notentiallv dan�erous or dan�erous do�
must renew the re�istration of the do� annuallv until the do� is deceased. If the
do� is removed from the iurisdiction, it must be re�istered as a notentiallv
dan�erous or daneerous do� in its new iurisdiction.
3. Death or Transfer. An owner of a notentiallv dan�erous or dan�erous dog must
notifv the Animal Control Officer in writin� of the death of the do� or its transfer,
and must. if reauested bv the Animal Control Officer, execute an affidavit under
oath setting forth either the circumstances of the do�'s death and disnosition or the
comnlete name. address. and telenhone number of the nerson to whom the do� has
been transferred.
4. Sterilization. The Animal Control Officer mav reauire a botentiallv dan�erous or
dan�erous do� to be sterilized at the owner's exnense. If the owner does not have
the animal sterilized, the Animal Control Officer mav have the animal sterilized at
the owner's exnense. The owner mav contest and anpeal a decision bv the Animal
Control Officer reauirin� a do� to be sterilized in accordance with the nrocedures
set forth in Section 1-255.
ORDINANCE NO.
5. Rental Pronertv. A nerson who owns a notentialiv dan�erous or dan�erous do�
and who rents nronertv from another where the do� will reside must disclose to
the nrobertv owner nrior to enterin� the lease a�reement and at the time of anv
lease renewal that the nerson owns a notentiallv dan�erous or dan�erous do� that
will reside at the t�robertv.
6. Sale. A berson who sells a notentiallv daneerous or dan�erous do� must notifv
the nurchaser that the Animal Control Officer has identified the do� as notentiallv
dan�erous or dan�erous. The seller must also notifv the Animal Control Officer
with the new owner's name, address, and telenhone number.
Section 1-275. SEIZURE.
l. Immediate Seizure. The Animal Control Officer or anv nolice officer mav
immediatelv seize anv notentiallv dan�erous or dan�erous do� i£
a. within 14 davs after the owner has notice that the do� is notentiallv
dangerous or dan�erous, the doe is not re�istered as reauired under Section
1-265;
b. in the case of a dan�erous doe, within 14 davs after the owner has notice
that the do� is dan�erous. the owner does not secure the nroner liabilitv
insurance or suretv covera�e as reauired under Section 1-265 (21 (bl:
c. the do� is not maintained in the nroner enclosure;
d. the do� is outside the nroner enclosure and not under nhvsical restraint of
resbonsible nerson; or
e. after the owner has been notified that the do� is potentiallv dan�erous or
dangerous, the do� bites or attacks a nerson or domestic animal.
2. Reclaimed. A notentiallv dan�erous or dan�erous do� seized under Section 1-275
(11 mav be reclaimed bv the owner of the dog unon bavment of impoundin� and
boarding fees, and bresenting nroof to the Animal Control Officer that the
reauirements of Section 1-265 and Section 1-270 will be met. A do� not
reclaimed within seven davs of seizure mav be disnosed of as nrovided in Minn.
Stat. &35.71. subdivision 3. The owner is liable to the Citv for costs incurred in
confinin� and disnosing of the do�.
3. Subseauent Offenses. If a nerson has been convicted of a misdemeanor for
violatin� a nrovision of Section 1-265 or 1-270, and the nerson is char�ed with a
subseauent violation relatin� to the same do�. the Animal Control Officer mav,
seize the do�. If the owner is convicted of the crime for which the do� was
ORDINANCE NO.
seized. the Citv mav destrov the do� in a nroner and humane manner and the
owner is resnonsible for navine the cost of confinin� and destrovin� the animal.
If the berson is not convicted of the crirne for which the do� was seized, the owner
mav reclaim the do� unon navment to the Citv of a fee for the care and boardin�
of the do�. If the do� is not reclaimed bv the owner within seven davs after the
owner has been notified that the do� mav be reclaimed. the do� mav be disbosed
of as nrovided under Minn. Stat. S 35.7L subdivision 3. The owner is liable to the
Citv for the costs incurred in confinin�, imnoundin� and disposin� of the do�.
Section 1-280. DESTRUCTION OF DOG IN CERTAIN CIRCUMSTANCES.
Notwithstandin� Section 1-265 to 1-275, a do� that inflicts substantial or great bodilv
harm on a human bein� on nublic or nrivate nronertv without nrovocation mav be
destroved in a nroner and humane manner bv the Animal Control Officer. The do� mav
not be destroved until the do� owner has had the onnortunitv for a hearin� and anneal as
described in Section 1-255, excent as authorized under Section 1-115.
Section 2. This ordinance shall be effective after adoption and thirty 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 9,��
DATE: June 9, 2004
SUBJECT: An Ordinance Relating to the Regulation of Dangerous Dogs and Potentially Dangerous
Dogs in the City; Amending Chapter 1 of the Brooklyn Center City Code
At its May�10, 2004, meeting, the Brooklyn Center City Council approved first reading of An Ordinance
Relating ta the Regulation of Dangerous Dogs and Potentially Dangerous Dogs in the City; Amending
Chapter 1 of the Brooklyn Center City Code.
The second reading and Public Hearing are scheduled for June 14, 2004. Notice of Public Hearing was
published in the Brooklyn Center Sun-Post newspaper on May 29; 2004. If adopted, effective date will
be July 24, 2004. Materials that were included in the May 10, 2004, Council agenda are also attached.
Attachments
6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number
Brooklyn Center, MN 55430-2199 (763) 569-3400
City Hall TDD Number (763) 569-3300 FAX (763) 569-3434
FAX (763) 569-3494
www. cityo fbrooklyncenter. org
City of Brooklyn Center
A Millennium Community
MEMORANDUM
TO: Mayor Kragness, Councilmembers Carmody, Lasman, Niesen, and Peppe
FROM: Michael J. McCauley
DATE: May 3, 2004
SUBJECT: Draft Dangerous Dog Ordinance
Attached please find a revised dangerous dog ordinance. The only revision to the draft since you last
reviewed it is in Section 1-255.1. The change is the addition of language that requires the owner to
comply with Section 1-270.1 from the time that notice of intent is served on the owner of the dog
until a resolution of the hearing process.
Mr. Boganey suggested this change as a potential way to address the issues that were raised when the
Council discussed the draft ordinance regarding what would happen between the time that notice was
served upon the owner and the resolution of any appeals. Mr. Boganey also prepared the attached
flowchart that diagrams the stages or process involved with a dangerous or potentially dangerous
dog.
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
Potentially And Dangerous Dog Ordin�ections 1-250 Through 280 Flow Chart
Yes
Dangarous or
porentially Notice issucd of Hearin Request appeal
dan erous do g Hearing by P/Dangerous w/!4 days City Council P/D Dog
g g intent ro Requested w/ pCRP w/45 days Dog Hearing Designation
identificd by designate (4 days Designation upheld
of6cer f
v No Yes No
Owner complies I
with all
applicable Appeal Process
1 requirements No Tertninated
or dog destroyed
Yes
ARer 6 months
and annually,
may request
review oC
No
designation
Still Dog fowd not I,
dangerous dangerous or p.
Yes dangerous.
Process S
terminated
No
�Rescind
desrgnation
r
Terminated
Process No Appeal
District Court
Hearing Yes
PRE VIO US MA TERIALS ON
�RAFT DANGERO US DOG
ORDINANCE
City of Brooklyn Center
A Millennium Community
To: Ivlayor Kragness and Council Members Carmody, Lasman, Niesen, and Peppe
From: Michael J. M�Cauley
City Manager
Date: March 18, 2004
Re: Dangerous dog ordinance
Attached are copies of an e-inail from Charlie LeFevere and Chief Bechthold responding to the
questioils and comments submitted by Council Members Carmody and Niesen. Council Member
Carnlody's questions and Council Member Niesen's comments are reproduced below:
Council Member Carmodv questions:
1. Make sure potentially dangerous dogs are the same as dangerous dogs except for the
$50,000 insurance requirement.
2. Restrictions from the time the dog is declared potentially dangerous or dangerous by
police until the official declaration with all appeals is eahausted are that the dog must be
in an enclosed area or muzzled and leashed at all times.
3. Reporting from police must be accurate and be able to be traced along with former
calls for the same dog.
4. Is a fine possible for not registering your potentially dangerous or dangerous dog c0-1-
265)? Or is this part of the state statute already?
5. in 1-265 #3 What would the warning sign look like?
6. In 1-265 #6 Why does it have to be multiple provocations?
7. In 1-270 There is a device called the gentle leader that covers the mouth of the dog
while walking it, is this okay or not?
8. In 1-270 #6, Is there a fine or something attached if the seller does not inform of dog
status?
9. In 1-275, d, if the dog is not enclosed but has changed personality due to being
neutered, aging, etc., it is up to the owner to change that designation. All restrictions
apply until that occurs, right?
6301 Shingle Creelz Parhw¢y Recre¢tion ¢nd Community Center Phone TDD Number
Brookl��n Center, MN 55430-2199 (763) 569-3400
Cit Hall TDD
y Number 763 569-
3300
FAX (763) 569-3434
FAX (763) 569-3494
www. cityo fb rooklyncenter. org
Council Member Niesen's comments
To: Mike
From: Diane 3-8-04
Re: Proposed addition to City Code: Chapter 1— Animals
At our regular council meeting February 23, amendments to our City code, Chapter l,
were discussed. As per the discussion the following points represent my questions and
comments to the proposal first presented to council regarding Dangerous Dogs (DD)
and Potentially Dangerous Dogs (PDD).
Existing law: Section 1-115. DANGEROUS ANIMALS
"If an animal is diseased, vicious, dangerous... and such animal cannot be
impounded.., such animal may be immediately killed by or under the
direction..."
COMMENT: As 1-101 does not define the term: "dangerous," or, "vicious", aild
does not cite state statute, perhaps those ternis should be deleted from 1-115, if 1-
115 remains. The bottom line of this paragraph is iiotification as to when a dog
could be destroyed. Proposed section 1-280 also deals with this situation. The
sentence: "...or if the animal has made more than one attack on.a person..." is
redundant with proposed 1-280.
Pronosed law: Section 1-Z50. DEFINITIONS
"d. been determined to be a Dangerous Dog by the City or any other
governmental jurisdiction"
COMMENT: I disa�ree with this addition to what is otherwise provided in state
statute. �nserting this phrase goes beyond state law and while providing
flexibility, gives no protection to the public via criteria/source of Determination
(objective, legally accepted standards) and/or citation (who) of Determining
Authority ("the City"). Therefore, it might be hard to enforce, and, if necessary,
defend.
Charlie stated that his intention with this sentence was to prevent someone with a
nreviouslv desi�nated DD or PDD in a different iurisdiction (Jl from comin� into
BC in anonvmitv.
State statute 347.51 provides: "No person may own a dangerous dog in this state
unless the dog is registered as provided in this section." State statute 347.52 and
our proposed Section 1-270 (2) state that if a"... DD or PDD is removed from the
J, it must be re0istered as a Potentially Dangerous or Dangerous Dog in its new
jurisdiction." Statutory J's would operate under this and Home Rule Js would
either operate this ar tlzeir own dog laws. Unless anotl�er J specifically excluded
the provision of notification as per 347.52 IF they lrad established dag laws,
would it not apply? The risk of this happening seems,low.
If a dog (in another J) conunits an act that qualifies it for a Designation, an
Animal Control Authority (ACA) would need to have made a Designation in
order for this to apply, wluch Charlie notes is historically an unreliable
occurrance. The otlier possibilities are tl�at the event would be recorded in police
files, or it would have remained private to the parties involved. In any case, it
seems that we are mixing definitions as to what constitutes a PDD or DD with
laws about notificatioi�. Therefore, I v,�ould strike Section 1-250 (l.d) and Section
1-250 (2.d). Alternately, I would propose going further to learn of a dog's past
history of incidents, reported or not.
Pronosed law: Section 1-255. DECLARATION OF DANGEROUS OR
POTENTIALLI' DANGEROUS DOGS AND Section 1-250 REVIEW OF
DECLARATION
COMMENT: These provisions appear to have no basis in state law.
Per state statute provisions on PDD and DD: 347.50 tlirough 347.56, the noted
source of our proposed amendments, there is NO provision for appeal upon an
ACA's decision for a dog Designation. Therefore I will argue strenuously to
remove these sections. At this time I will not lay out the flow chart of proposed
responsibilities including a new city panel for the pre-Council appeal timelines
and possible outcomes however, I have drawn them up. Again, state law gives
citizens no opportunity to appeal a dog Designation, if actions by a dog meet the
stated criteria, all that is necessary is for an ACA to formally make the
Designation and deliver it to the dog owner(s).
Public safety is the reasoz� we are considering this amendn7ent. As
Councilmember Carmody stated, in cases of dog attack (or, in tlle words of the
State: killing, wounding or worrying) we need to act iinmediately to protect
citizens.
Pronosed law: Section 1-265. R.EGISTRA.TION
COMMENT: Section (3) Warning Signs, states that a warning symbol is to be
placed on any warning signs. Section (5) Tags, should also as provided for in
state law, also carry this same symbol (347.51 Subd. 7). Also, if we are going to
add this we should check with MN's Commissioner of Public Safety to see
whether a universal symbol, and a corresponding template, already exists (see
MN Rule 7417). If so, there is no reason to charge citizens an expense for
providing this template. If such a symbol does not e�ist, or BC must pay
something to acquire, we should charge citizens accordingly.
Pronosed law: Section 1-280. DESTRUCTION OF DOG IN CERTAIN
CIRCUMSTANCES
The dog may not be destroyed until the dog owner has had the
opportunity for a hearing as described in Section 1-255."
COMMENT: If section 1-255 is deleted (above) and we want to provide for a
1learing before destroying a dog, we would need to have a procedure. I note that
state law provides for this in 347.56: "Tl1e animal control authority may not
destroy the dog until tl�e dog owner has had the opportunity for a hearing before
an impartial decision maker." Having a procedure in this case does have a basis
in law. Searching through MN statutes and rules I found no direct example of
appeal procedures.
A goal in adopting any such procedure would be to give citizens a fair opportunity
to argue against having their pet destroyed and yet not create unnecessary and
resource heavy bureacracy for BC. My iiutial and surface input goes something
like this and involves about a month of time:
a dog is seized and impounded for violating attack provision of PDD or DD
ordinance (days:0)
owner receives inunediate notice via phone call or police visit with written
notificatioil left on doorstep (mailed notice goes out t11e following day) that dog is
ordered to be destroyed (by ACA) (days: 1)
owner has 5 days to notify City that s/he will appeal ACA order of destruction
(days 6)
ACA sets hearing within 10 days and the case is heard by the ACA (days 16)
ACA makes final determination (days 16)
owner has 5 days from final determination to notify City of intent to appeal to
Council (days 21)
appeal to Council takes place at next regularly scheduled council meeting
following receipt of notification of Intent to Appeal ACA Decision to Destroy.
I Michael McCauley Dangerous dogs P
m„
ge 1
From: "LeFevere, Chariie L." �clefevere@Kennedy-Graven.com>
To: "Mike Mccau�ey (E=mail)" <mmccauley@ci.brookiyn-center.mn.us>
Date: 3/17/04 3:25PM
Subject: Dangerous dogs
Mike,
The following are responses to the concerns raised by Councilmembers Carmody and Niesen. First, the
questions of Councilmember Carmody:
1. The proposed ordinance treats potentially dangerous dogs the same as dangerous dogs except in
the case of the required $50,000 bond or liability insurance requirement in Section 1-265.
2. The process for determining that a dog is dangerous or potentially dangerous begins with the
service of notice on the owner of an intent to declare the dog dangerous or potentially dangerous. The
owner has the right to a hearing before that determination is made. However, once a determination is
made in accordance with the Ordinance that a dog is dangerous or potentially dangerous, the owner is
re uired b ec i
q S t on 1 255.4. to immediatel com i w
Y y p y ith all applicable requirements of this Ordinance or
immediately cause the dog to be humanely destroyed or removed from the City limits." Although the
owner of the dog has the right to appeal this decision to the City Council, and potentially to Court after that,
the obligation of the owner to comply with the requirements of the Ordinance is not suspended by the
appeal process.
3. Concerns relating to police reporting procedures should be addressed by the police department.
4. A violation of the Ordinance is a misdemeanor and subjects the owner to fines, penalties and jail
time specified by State law. The Council cannot increase the maximum penalties for a misdemeanor
above those provided by State law. However, if the Council wished to do so, it could specify lower
maximum penalties for failing to register a dog.
5. The design of the dangerous dog or potentially dangerous dog warning sign would be specified by
the police department. Under State law, this symbol is required to be uniform and is specified by the State
Commissioner of Public Safety after consultation with animal controi professionals. The Commissioner of
Public Safety is required to provide copies of the waming signal requested by counties regulating animals.
Therefore, I assume that this warning symbol would be available to the police department from the State
Commissioner of Public Safety
6. Section 1-265.6. lists circumstances under which a dog cannot be declared potentially dangerou°s
or dangerous. The language relating to damage to persons who are showri'to have repeatedly provoked,
tormented, abused or assaulted the dog in the past is identical tci the language used in Minn. Stat. Section
347.51, Subd. 5(2} the state law dealing with dangerous dogs.
7. The Ordinance requires that dangerous d�gs and potentially dangerous dogs be muzzled. I do
not believe that a gentle leader wouid qualify as a muzzle. The gentle leader is designed to prevent a dog
from pulling rather than to act as a muzzle. The advertisements for the product state specifically that it is
not a muzzle.
8. Section 1-270.6. requires a person selling a dangerous or potentially dangerous dog to notify the
purchaser of the status of the do The failure to do so would b isd
g e a m emeanor sub ect to misdemeanor
1
penaities estabfished by State law.
9. A person may request a review of a dangerous dog or potentially danger�us dog declaration
under Section 1-260. Such review may result in a determination that the dog is no fonger dangerous or
potentialiy dangerous. However, until that determination is made and the designation of the dog as
dangerous or potentially dangerous is rescinded, all requirements applicable to dangerous dogs or
potentially dangerous d�gs would continue �o be in effect.
Michael McCauley Dangerous dogs Pa9e 2
The following are responses to the c�mments of Councilmember Niesen:
1. Section 1-115. Section 1-115 is a provision that currentiy exists in the City's code. It covers
several situations that are not covered by new Section 1-280. Section 1-115 provides for the killing of an
animal that cannot be impounded after reasonabie effort or without serious risk to any person. This
covers situations that are more in the nature of emergency situations that police officers may confront with
a dangerous or diseased dog. Section 1-115 also covers the situation where an animal has made more
than one attack on a person. There may be cases when this part of Section 1-115 overlaps with 1-280.
However, 1-115 does not require that the attacks on a person inflict substantial or great bodily harm. If
more that one such attack occurred, the City could act under section 1-115, even if the attacks did not
inflict substantial bodily harm
2. Section 1-250. If a dog is brought to the City of Brooklyn Center that has acted in such a way in
another jurisdiction as to qualify it as a dangerous dog, Brooklyn Center would want that dog to be subject
to the requirements of the Brooklyn Center Ordinance. Demonstrating that the dog shoufd be subject to
the Ordinance can occur in two ways: byproof that the dog has acted in a certain way or by proof that
some other jurisdiction has determined that the dog has acted in a certain way. It is possible, for exampie,
that a dog has inflicted substantial bodily harm on a human being in another jurisdiction and Brooklyn
Center would be able to prove that had occurred even if the other jurisdiction did not have, or did not
enforce, a dangerous dog ordinance. However, there may also be cases where the City of Brooklyn
Center will not be in a position to prove that the dog inflicted substantial bodily harm on a human being
with independent evidence even if a dog has in fact inflicted harm on a human being (e.g. witnesses may
not still.be availabie). However, if the attack occurred in a jurisdiction that does have and enforce a
dangerous dog ordinance and that jurisdiction has made a determination that the dog is dangerous, it
would be relatively easy to demonstrate that the dog has been found to be dangerous in another
jurisdiction. For example, if an owner brings a dangerous dog from the City of Rochester, it may be
difficult for Brookiyn Center to prove that the dog inflicted substantial badily harm on a human being
because the people who m+ght otheswise provide evidence may not be available. However, if the City of
Rochester has declared the dog to be dangerous, the City of Brooklyn Center would be abie to enforce its
dangerous dog ordinance on the basis of the determination in the City of Rochester. If the City of
Rochester acted unreasonably, or if the City of Rochester has different standards than those in the City of
Brooklyn Center, the owner of the dog could apply under proposed Brooklyn Center Code Section 1-260
for a review of the determination.
3. Section 1-255. The rights of dog owners cannot be taken away in a manner that violates the state
or federal constitutional guarantees of due process of law. Due process requires, at a minimum, a
statement of charges, and a right to a hearing before �n impartial tribunal. If the City does not provide
some means for procedural due process, it will be provided in a Court action. That is, if the City makes
the decision of the animal control officer final, the only option available to the dog owner to chailenge that
determination the onl wa the
y y owner can secure the due process to which he or she is entitled will be
in District Court. If there isno appeal process at the City there will be no record of a hearing that can be
reviewed by the District Court. Therefore, a trial will be de novo. In other words, the District Court judge
will consider the evidence presented in court, in a trial, and make his or her own determination whether or
not the dog is dangerous
This is an undesirable altemative for several reasons. First, the owners of dogs may not feel that
they have an opportunity for fair consideration of their side of the case by the City. Second, if the decision
of the animai control office is final, and is not reviewed by any higher authority, such as the City Council,
the City may find itself in court defending a decision made by an animai controi officer even if the City
Council would not have agreed with that decision. Third, a decision by a District Court judge, reviewing
the case de novo, gives no deference to the decision of the City. On the other hand, if the City gives the
owner the right to a hearing before an impartial tribunal after reasonable notice, the owner loses the ri ht
g
to challenge that decision he or she does not request a hearing. 7his would make defending the case in
„a
3._.�.__
Michael McCauley Dangerous dogs Page 3
District Court relatively simple since the land owner would not have acted to request a hearing and
preserve the right to appeal. If the decision of the City Council is appealed to Court, the City would have
an argument that the decision should only be by certiorari, that is, based on a review of the record. In the
case of review by certiorari, where the Gourt has an adequate record of the City's hearing to review, the
judge does not substitute his or her judgment for the judgment of the City. Rather, the judge wiii review
the record to determine whether there is evidence on the record supporting the deeision of the City and, if
so, the Court should affirm the decision of the City.
The Ordinance could be amended to delete the prov�sions relating to the right of the owner to
procedurai due process, a hearing, and appeal to the City Council. However, this would simply mean that
the owner of the dog wouid have direct access to the District Court. Therefore, I would not recommend
that the section be deleted.
4. Section 1-265. Comments on Section 1-265 do not suggest changes to the draft Ordinance.
5. Section 1-280. Section 1-280 relates to the destruction of dogs in certain circumstances. As
noted above, one of the purposes of Section 1-255, which currentiy exists in the Code, is to give law
enforcement officers the authority to deal with destruction of dogs in emergency situations such as a rabid
or vicious dog that cannot be impounded without risk to persons. In such circumstances, there is no
opportunity for a hearing before action is taken to destroy the animai. Summary destruction of an animal
(i.e. destruction without any prior hearing) can be justified in emergency situations. However, in situations
other than such emergencies, the City cannot take property, such as a dog, without due process of law.
Due process includes a right to a hearing before an impartial tribunal. For reasons stated above, I would
not recommend deletion of Section 1-255. Section 1-255 provides a procedure, giving a dog owner a right
to a hearing before an impartiai tribunal, with a further right to an appeal to the City Council. The right to a
hearing under Section 1-255 is currently provided under Section 1-280.
Charlie
CC: "Scott Bechthold (E-mail)" <sbechthold@ci.brooklyn-center.mn.us>
CEkTF
BROOKL�N CENTER
�3
POLICE DEPARTMENT
POLICE
MEMORANDUM
TO: Michael McCauley, City Manager
FROM: Scott Bechthold, Chief ofPolice
DATE: March 17, 2004
SU$JECT: Potentially Dangerous Dogs and Dangerous Dogs
The Brooklyn Center Police Department currently enforces violations of dangerous and potentially
dangerous dogs under all applicable subdivisions of Minnesota Statute 347.50, subdivision 3. This statute
is confusing and paorly drafted. The police department supports the adoption of the ordinance in order to
make the statute operational by providing procedures, designated responsibilities, and fees.
Back�round
Under tl:e current system, the community service o�cer (CSO) is the acting "animal control authority."
The CSO, in most cases, will be the first responder to an initial incident when a dog bites a person or
animal, or causes any other situation defined by statute. If during the course of the investigation, the CSO
determines the dog's actions fall under the definitions of potentially dangerous or dangerous dog, the CSO
handles the incident using the following unwritten procedures:
1. The dog owner is served with the "Notice of Potentially Dangerous Dog."
2. The dog owner is served with a microchip order that has a deadline of 14 days.
3. The case is referred to the city prosecutor if there is a viola�ion.
4. Our notices also include a dangerous dog finding, however an incident has never been brought to
our attention that required this classification. (In 2003, there was one dog whose actions wouId
have risen to the level of a dangerous dog, but the dog was killed after attacking one of our
officer's).
5. There was no formalized file or tracking system until March of this year. However, effectively
immediately, all dogs involved in any aggressive behavior that is reported to police will now be
tracked using a softvrare program (Arcview). This softwaze maps the location of each offending
dog in the ciTy and will be viewed at the department's weekly Crime Reduction Meetings. The
information can also be viewed at nearly every computer in the police department and uses real-
time mapping. This will insure appropriate actions are taken against all repeat offenders.
In 2002, the department handled 13 dog bite calls. Out of those thirteen, eight calls involved dogs whose
actions should have been classified as potentially dangerous. The department in 2003 handled 14 dog bite
calls. Out of this number, there were three cases where notices were served, and seven cases where they
should have been served. The police department had not used the potentially dangerous dog notice until
2003, because it was not aware of the forms existence until that time.
March 17, 2004
Page 2
As reviousl stated the de artment has followed a va ue state ta an
P y p g s tute d responded wrth unwritten
procedures. This has created an inconsistent and deficient way of handling the problem. The police
department is in the opinion that the ordinance would help remedy this problem, but there are three azeas
of concern that need to be considered.
The first concern is that the conditions set forth in the proposed ordinance, with the eaception of the
$50,000 insurance requirement, are the same for a dog who is declared "potentially dangerous" and
"dangerous". The state statue only requires a microchip condition for a potentially dangerous dog. The
police department feels this is a reasonable requirement. Conversely, the ordinance requires the dog
owner of a potentially dangerous dog to house the dog in an enclosed property, and post signs on their
property warning of a dangerous dog and tag their dog as potentially dangerous. Due to the fact that all
dogs have the potential to be classified as potentially dangerous, we feel this will create additional staff
time to manage compliance and process anticipated challenges from dog owners.
Secondly, a consideration needs to be made regarding the time allowance for the dog owner to construct
an enclosure for the dog, especially during the winter months.
Finally, under the ordinance it states, "may require" a need for the dog to be sterilized. This may be too
vague and have the potential to be arbitrarily applied.
I would just like to conclude by answering some of the council members questions that have not already
been addressed. As to the question about signage, there is a universal sign for posting and tagging used
throughout the state of Minnesota. This sign will be available for viewing at the work-study session. In
response to the question about the gentle leader, staff has conducted research and discovered numerous
muzzles are safe for dogs and most are available for specific sizes and breeds.
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
regulation of dogs. Auxiliary aids for handicapped persons are available upon request at least 96
hours in advance. Please notify the Deputy City Clerk at 763-569-3308 to make arrangements.
ORDINANCE NO.
AN ORDINANCE RELATING TO THE REGULATION OF DANGEROUS
DOGS AND POTENTIALLY DANGEROUS DOGS IN THE CITY;
AMENDING CHA.PTER 1 OF THE BROOKLYN CENTER CITY CODE
THE CITY COUNCIL �F THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Section 1. Brooklyn Center City Code Chapter 1 is amended by adding new Sections 1-250
through 1-280 as follows:
Section 1-250. DEFINITIONS. For the nurooses of Sections 1-250 throu�h 1-280. the
terms defined in this Section shall have the meanine eiven them. Tern1s not defined in this
Section shall have the meanin� given them in Section 1-101 of this Code.
1. Dangerous do�. Daneerous doe means anv do� that has:
a. without nrovocation. inflicted substantial bodilv harm on a human bein�
on nublic or nrivate pronertv:
b. killed a domestic animal without nrovocation while off the owner's
r�obertv; or
c. been found to be notentiallv daneerous. and after the owner has notice that
the do� is notentiallv dan�erous. the dog aQQressivelv bites. attacks. ar
endan�ers the safetv of humans or domestic animals; or
d, been determined to be a dan�erous do� bv the Citv or anv other
�overnmental iurisdiction.
2. Potentiallv dangerous doQ. Potentiallv dan�erous do� means anv do� that:
a. when unnrovoked. inflicts bites on a human or domestic animal on nublic
or nrivate nronertv:
b. when unDrovoked. chases or a��roaches a �erson. includin� a nerson on a
bicvcle. u�on the streets. sidewalks. or anv t�ublic or Drivate nropertv,
other than the do� owner's �ro�ertv. in an an�arent attitude of attack:
ORDINANCE N0.
c. has a known pronensitv. tendencv, or disnosition to attack unprovoked.
causin� iniurv or othervvise threatenin� the safetv of humans or domestic
animals; or
d. been determined to be a notentiallv dangerous do� bv the Citv or anv other
�avernmental iurisdiction.
3. Proner Enclosure. Proner enclosure means securelv confined indoors or in a
securelv enclosed and locked nen or structure suitable to nrevent the animal from
escanin� and nrovidin� nrotection from the elements for the do�. A proper
enclosure does not include a norch. natio. or anv nart of a house, �ara�e. or other
structure that would allow the do� to exit of its own volition. or anv house or
structure in which windows are onen or in which door or window screens are the
onlv obstacles that nrevent the do� from exitine.
4. Owner. Owner means anv nerson. firm, corooration. oreanization, or denartment
possessin�, harborin�, keepin�. having an interest in, or havine care, custodv, or
control of a doe.
5. Great bodilv harm. Great bodilv harm means bodilv iniurv which creates a hi�h
t�robabilitv of death. or which causes serious nermanent disfi�urement, or which
causes a nermanent or �rotracted loss or imnairment of the function of anv bodilv
member or or�an or other serious bodilv hatm.
6. Substantial bodilv harm. Substantial bodilv harm means bodilv iniurv which
involves a temnorarv but substantial disfi�urement. or which causes a temporarv
but substantial loss or imDairment of the function of anv bodilv member or or�an,
or which causes a fracture of anv bodilv member.
Section 1-255. DECLARATION OF DANGEROUS OR POTENTIALLY
DANGEROUS DOGS.
1. Notice to Owner. If the animal control officer determines after an investi�ation
that a dog is �otentiallv dan�erous or dangerous accordin� to the criteria in
Section 1-250 (1) or (21. the animal control officer will serve a notice of intent on
the owner of the do� to declare the do� �otentiallv dan�erous or dan�erous. Such
notice shall inform the owner of this desienation. the basis for the desi�nation, the
nrocedures for contestin� the desienation as described in Section 1-255 (21 (al and
the result of the failure to contest the desienation as described in Section 1-255 (2)
ORDINANCE N0.
2. Contestin� Declaration of Dan�erous or Potentiallv Dan�erous Dogs.
a: If the owner of a do� has received a notice of intent under Section 1-255
(1l. the owner mav reauest that a hearin� be conducted to determine
whether or not such a desi�nation is iustified. Such reauest must be made
in writin� and delivered to the Citv Mana�er within 14 davs of receipt of
the notice of intent.
b. If the owner fails to contest the notice of intent within 14 davs. the owner
forfeits the right to a hearin� and the declaration of the do� as �otentiallv
dan�erous or daneerous is final. The Citv Mana�er will then issue a
declaration to the owner and the owner must complv with all apnlicable
reauirements of this Section or cause the do� to be humanelv destroved or
removed from the Citv limits.
3. Hearin� Procedure. Within ten davs after receivin� the owner's reauest for a
hearin�, the Citv Mana�er will notifv the do� owner of the l�earin� date. The
hearin� will be scheduled within fortv-five davs. The hearin� will be conducted
bv the Animal Control Review Panel. which will consist of three members, as
apnointed bv the Mavar. The owner mav call witnesses and present evidence on
his or her behalf. A simnle maioritv of the members of the Panel is necessary for
a findin� that the do� is either dan�erous or t�otentiallv dan�erous. The Panel
must inform the owner of its decision in writin� and must state the reasons for its
decision.
4. Effect of Findin�s. If the Panel finds that there is a sufficient basis to declare the
do� notentiallv dan�erous or dan�erous. the owner rnust unmediatelv complv with
all applicable reauirements of this Ordinance or immediatelv cause the do� to be
humanelv destroved or removed from the Citv limits.
5. An�eal. If the owner of the doQ disDUtes the decision of the Panel, the owner mav
apneal the decision of the Panel to the Citv Council. An at��eal to the Citv
Council must be in writine and submitted to the Citv Mana�er within 14 davs of
the Panel's decision. The owner mav anneal the decision of the Citv Council in
accordance with nrocedures under state law.
Section 1-260. REVIEW OF DECLARATION. Beeinnine six months after a doe is
declared a �otentiallv daneerous or dangerous doe. an owner mav reauest annuallv that the
Animal Control Officer review the desianation. The owner must Arovide evidence that the do�'s
behavior has chan�ed due to the doe's aee. neuterin�. environment, comnletion of obedience
trainin� that includes modification of a�eressive behavior, or other factors. If the Animal
Control Officer finds sufficient evidence that the dog's behavior has chan�ed. the notentiallv
dan�erous or dan�erous designat}on mav be rescinded.
ORDINANCE N0.
Section 1-265. REGISTRATION.
1. Reauirement. No nerson mav own a notentiallv dan�erous or dan�erous doe in
the Citv unless the dog is reeistered as �rovided in this Section.
2. Certificate of Reeistration. The Citv Mana�er will issue a certificate of
re�istration to the owner of a Dotentiallv danQerous or daneerous do� if the owner
t�resents sufficient evidence that:
a. a proner enclosure exists for the do� and all accesses to the premises are
nosted with clearlv visible warnin� siens issued or approved bv the
Animal Control Officer. that there is a potentiallv dan�erous or daneerous
do� on the pronertv;
b. in the case of a dangerous doe onlv. a suretv bond to be held bv the Citv
Clerk has been issued bv a suretv comnanv authorized to conduct business
in this state in a form acce�table to the Citv Clerk and the Citv Attornev in
the sum of at least $50.000. navable to anv berson iniured bv the
dan�erous do�. or a �olicv of liabilitv insurance has been issued bv an
insurance comnanv authorized to conduct business in this state in the
amount of at least $50,000, insurin� the owner for anv uersonal iniuries
inflicted bv the dan�erous do�
c. the owner has paid the annual registration fee as brovided for in this
Section: and
d. the owner has had microchin identification imnlanted in the dan�erous do�
or �otentiallv daneerous doe as reauired under Minn. Stat. &347.515.
3. Warnin� Sien. If the Citv issues a certificate of re�istration to the owner of a
notentiallv danQerous doe or danQerous do� under Section 1-265 (21, the Citv will
nrovide. for nostine on the owner's nro�ertv. a conv of a warnin� svmbol to
inform children that there is a dan�erous do� on the nronertv. The Citv mav
char�e the doe owner a reasonable fee to cover its administrative costs and the
costs of the warninQ svmbol.
4. Fee. The Citv will charee the owner an annual fee to obtain a certificate of
re�istration for a notentiallv daneerous or daneerous dog.
5. Ta�. A notentiallv dan�erous or dan�erous doe re�istered under this Section must
have a tag. issued bv the Citv. identifvin� the do� as potentiallv dan�erous or
dan�erous. This tae must be affixed to the dog's collar and worn bv the doQ at all
times.
URDINANCE NO.
b. Exemntion. Does mav not be declared potentiallv dan�erous or daneerous if the
threat, iniurv. or dama�e was sustained bv a nerson:
a. who was committin�. at the time. a willful tresnass or other tort upon the
nremises occupied bv the owner of the do�:
b. who was nrovokin�, tormentin�, abusins. or assaultin� the dog or who can
be shown to have reneatedlv, in the past, nrovoked, tormented, abused, or
assaulted the doe: ar
c. who was committin� or attemntine to commit a crime.
7. Law Enforcement Exemntion. The nrovisions of this Section do not applv to do�s
used bv law enforcement officials for police work.
Section 1-270. POTENTIALLY DANGEROUS AND DANGEROUS DOGS:
ADDITIONAL REOUIREMENTS.
l. Enclosure. An owner of a notentiallv daneerous or dan�erous do� shall keep the
do�. while on the owner's pronertv, in a nroner enclosure. If the do� is outside
the nroner enclosure. the do� must be muzzled and restrained bv a substantial
chain or leash and under the nhvsical restraint of a resnonsible nerson. The
muzzle must be made in a manner that will �revent the do� from bitin� anv person
or animal but that will not cause iniurv to the do� or interfere with its vision or
resniration.
2. Re�istration Renewal. An owner of a notentiallv danQerous or dan�erous do�
must renew the re�istration of the doQ annuallv until the do� is deceased. If the
do� is removed from the iurisdiction. it must be re�istered as a potentiallv
dan�erous or dan�erous doe in its new iurisdiction.
3. Death or Transfer. An owner of a notentiallv dan�erous or daneerous do� must
notifv the Animal Control Officer in writin� of the death of the do� or its transfer.
and must. if reauested bv the Animal Control Officer, execute an affidavit under
oath settine forth either the circumstances of the do�'s death and disposition or the
comnlete name, address. and telenhone number of the nerson to whom the do� has
been transferred.
4. Sterilization. The Animal Control Officer mav reauire a potentiallv dangerous or
dan�erous doe to be sterilized at the owner's exnense. If the owner does not have
the animal sterilized. the Animal Control Officer mav have the animal sterilized at
the owner's ex�ense.
ORDINANCE NO.
5. Rental Pro�ertv. A nerson who owns a notentiallv dan�erous or dan�erous do�
and who rents nronertv from another where the do� will reside must disclose to
the nropertv owner nrior to enterinQ the lease a�reement and at the time of anv
lease renewal that the nerson owns a Dotentiallv dan�erous or daneerous doQ that
will reside at the Dropertv.
6. Sale. A nerson who sells a notentiallv dan�erous or dan�erous do� must notifv
the nurchaser that the Animal Control Officer has identified the do� as notentiallv
dan�erous or dan�erous. The seller must also notifv the Animal Control Officer
with the new owner's name, address. and telenhone number.
Section 1-275. SEIZURE.
1. Immediate Seizure. The Animal Control Officer or anv police officer mav
immediatelv seize anv �otentiallv danQerous or dan�erous do� if:
a. within 14 davs after the owner has notice that the do� is noteiltiallv
dan�erous or dan�erous. the do� is not reeistered as reauired under Section
1-265;
b. in the case of a daneerous doe. within 14 davs after the owner has notice
that the do� is dan�erous. the owner does not secure the proner liabilitv
insurance or suretv covera�e as reauired under Section 1-265 (21(bl;
c. the dog is not maintained in the nroner enclosure:
d. the doe is outside the proner enclosure and not under phvsical restraint of a
resnonsible person; or
e. after the owner has been notified that the do� is notentiallv dan�erous or
dan�erous, the doe bites or attacks a nerson or domestic animal.
2. Reclaimed. A notentiallv daneerous or dan�erous do� seized under Section 1-275
(11 mav be reclaimed bv the owner of the doe unon navment of im�oundin� and
boardin� fees. and nresentine nroof to the Animal Control Officer that the
reauirements of Section 1-265 and Section 1-270 will be met. A do� not
reclaimed within seven davs of seizure mav be disnosed of as nrovided in Minn.
Stat. 535.71. subdivision 3. The owner is liable to the Citv for costs incurred in
confinin� and disnosin� of the doQ.
ORDINANCE NO.
3. Subseauent Offenses. If a nerson has been convicted of a misdemeanor for
violatin� a nrovision of Section 1-265 or 1-270, and the t�erson is char�ed with a
subseauent violation relatin� to the same do�, the Animal Control Officer mav
seize the do�. If the owner is convicted of the crime for which the do� was
seized. the Citv mav destrov the do� in a nroper and humane manner and the
owner is resnonsible for �avin� the cost of confining and destrovine the anirnaL
If the nerson is not convicted of the crime for which the do� was seized. the owner
mav reclaim the dog unon �avment to the Citv of a fee for the care and boardin�,
of the do�. If the dog is not reclaimed bv the owner within seven davs after the
owner has been notified that the doe mav be reclaimed, the do� mav be disposed
of as nrovided under Minn. Stat. &35.71, subdivision 3. The owner is liable to the
Citv for the costs incurred in confininQ. imnoundinQ. and disnosin� af the dog.
Section 1-280. DESTRUCTION OFbOG 1N CERTAIN CIRCUMSTANCES.
Notwithstandin� Section 1-265 to 1-275. a doQ that inflicts substantial or �reat bodilv
harn� on a human bein� on nublic or �rivate nronertv without nrovocation mav be
destroved in a nrotier and humane manner bv the Animal Control Officer. The do� mav
not be destroved until the do� owner has had the ontiortunitv for a hearin� as described in
Section 1-255.
Section 2. This ordinance shall be effective after adoption and thirty 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.)
470 Pillsbury Cenrer
200 Sourh Sixth Street
Minneapolis 2�QN 55402
(612) 337-9300 telephone
(612) 337 fax
H A R T E R E D http://wvrv,�.kennedy-graven.com
CxaRLES L. LEFE�'ERE
Attorney at L.aw
Direct Aial (612) 337-9215
Emai1: c)efevere@kennedy-o aven.com
September 3, 2003
Mr. Michael McCauley
City Manager
City of Brooklyn Center
63�i Sl:i��gle �C1eek Ph�vvy
Brookly�l Center, MN SS430
Re: Re�ulation of Dogs
Dear Mike:
We have previously discussed certau� infonllation about the regulatioii of dogs in general, and
potentially dangerous dogs and dan erous do s in articular. The ou
g g p C ncil requested a list of
additional regulations that it nught coiisider for regulation of dogs.
First, for background iiZfornlation, State law provides certain defiiutions for dangerous dogs and
potentially dangerous dogs, in Mizu1. Stat. 347.50, subd. 2 and 3:
Subd. 2. Dangerous dog. "Dangerous dog" means ai�y dog that has:
(1) without provocation, inflicted substantial bodily hann on a
human being on public or private property;
(2) killed a domestic animal without provocation wlule off the
o��mer's property; or
(3) been found to be potei7tially dangerous, and after the owner has
notice that the dog is potentially dangerous, the dog aggressively bites,
attacks, or endangers the safety.of humans or domestic aiuinals.
Subd. 3. Potentially dangerous dog. "Potentially dangerous dog"
means any dog that:
(1) when unprovoked, u�flicts bites on a humail or domestic animal
on public or private property;
2
O whcn unprovokcd, chascs or approachcs a person, including a
person on a bicycle, upon the streets, sidewalks, or any public or private
CLL-236939v]
BR29] -4
Mike McCauley Letter
SepteinUer 3, 2003
Page 2
property, other than the dog owner's property, in an apparent attitude of
attack; or
(3) has a known propensity, tendency, or disposition to attack
unprovoked, causulg injury or otherwise threateiung the safety of humalls or
donlestic animals.
The tern� "substantial bodily harnl" is defined in Minn. Stats. 609.02, subd. 7a as follows:
Subd. 7a. Substa�ltial bodily hann. "Substantial bodily hann" means
�JGuliy 111�lliy' ��'ii1Ci1 li1VOi`'�,5 �7 tc.iilj)Ci21:y �3lit Sll�'iS�uiit:al Li1Si�1�1ITL'Iil��ii� CT
wlucl� causes a temporary but substantial loss or impainllent of the function
of any bodily member or argan, or which causes a fracture of any bodily
n�ember.
The attached table shows existiilg local and state regulations relating to dogs, potentially da�igerous
and dangerous dogs, and additional restrictions that the City Council may wish to consider. ui
addition, I would recommend the state law r�
ovisions on da�1 ero Q
us do s and
P g potentially dan�erous
dogs be incorporated into the City Code and tliat procedures be establislled for making dangerous
dog and potentially da��gerous dog detenninations by the City.
Very truly yours,
C_���
Cllarles L. LeFevere
CLL:peb
Enclosure
CLL-236939v1
BR29] -4
RESTR[CTIONS SANCTIONS IN ADDITIO�I TO PROSECUTION
Existing Additional Existing Additional
All Dogs 1-1 10 nuisance to keep dog 19-105 can order nuisance -lose right to keep dogs if
in manner that abated excessive dog-at-large
unreasonably annoys charges
1-1 1 1 cannot run at large impound dog ifexcessive
19-104 only 2 dogs older dog-at-large charges
than 6 months
Microchip identification Add restrictions applicable add sanctions applicable I
Potentially to dangerous dogs to dangerous dogs
Dangerous
Dogs
dog must be registered annual fee dangerous dog can be killed if it
must be enclosed in proper require sterilization can't be impounded without
Dangerous Dogs enclosure no more than one dangerous serious risk or it has made more
posted warning on properly dog per household than one attack on a person
$50,000 insurance (City Code)
annual fee up to $500 MS347.56 authorizes animal
microchip identification control authority to destroy a
muzzled and leashed if dog that has infl�r_ted
outside its enclosure substantial or great bodily harm
may require sterilization on a human
notification to landlord MS 347.54 dog may be seized
required if restrictions vic,lated and court
notification to purchaser oF inay order destr�iction of dog
dog required upon conviction
dangerous dog tag MS 347.54 dog seized for
second violation and destroyed
upon conviction
CLL-234875v1
BR291-4
City Council Agenda Item No. 8e
Member introduced the following resolution and moved
its adoption:
RESOLUTION NO.
RESOLUTION AUTHORIZING ISSUANCE OF A COMMERCIAL KENNEL
LICENSE TO GENTLE TOUCH ANIMAL SANCTUARY, 4900 FRANCE
AVENUE NORTH, BROOKLYN CENTER, MINNESOTA
WHEREAS, the City of Brooklyn Center has received an application for a
commercial kennel license from Gentle Touch Animal Sanctuary, 4900 France Avenue North,
Brooklyn Center, Minnesota; and
WHEREAS, the parcel is zoned I-2 and boarding animals is an allowed use in this
zoning district; and
WHEREAS, an inspection was conducted on the adequacy of the keilnel design and
operation; and
WHEREAS, the City Council of the City of Brooklyn Center did hold a public
hearing to consider the issuance of a commercial kennel license to said applicant.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that the issuance of a commercial kennel license to Gentle Touch Animal Sanctuary
to operate at 4900 France Avenue North is hereby approved.
June 14, 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.
Office of the City Clerk
City of Brooklyn Center
A Millennium Community
MEMORANDUM
TO: Michael J. McCauley, City Man�►ger
FROM: Sharon Knutson, City Clerk r��
DATE: June 9, 2004
SUBJECT: Public Hearing: Consideration of Application for Commercial Kennel License Submitted
by Gentle Touch Animal Sanctuary, 4900 France Avenue North, Brooklyn Center,
Minnesota
Resolution Authorizing Issuance of a Commercial Kennel License to Gentle
Touch Animal Sanctuary, 4900 France Avenue North; Brooklyn Center,
Mirulesota
The City of Brooklyn Center has received an application for a commercial kennel license from Gentle
Touch Animal Sanctuary, 4900 France Avenue North, Brooklyn Center, Minnesota. Section 1-104.1.b.
of the City Code requires that the application be referred to the public health sanitarian who shall review
the kennel design and operation and make a recommendation to the City Council on the adequacy
thereo£ Building Inspector Ed Lovelace conducted a life safety/health and comfort inspection, and the
report from Building Official Larry Martin is attached for City Council review. Mr. Martin has
indicated that the four items that were found not in compliance with City Codes were not life safety
issues, but minor building code violations (emergency light not working and a switch cover plate) and a
compliance order was issued to correct the items.
Section 1-104.1.b. of the City Code also requires that the City Council hold a public hearing regarding
the commercial kennel license application and that notice of the hearing be mailed to the applicant and
to the owners of property within 150 feet of the proposed kennel location. Notices were mailed to
properties within I50 feet of the proposed kennel location. The proposed kennel location abuts
businesses and no residential dwellings.
Section 1-104.1.c. of the City Code regarding Council Approval reads as follows:
1-104.1. c. Council Annroval. The City Council may approve the commercial kennel license and
may attach to such approval any conditions necessaYy to insure compliance with this ordinance,
with Chapter 19 of City Ordinances, and any other condition necessary to protect the health,
safety, welfare, and property values in the immediate area. The City Council may deny a
commercial kennel license upon finding that the establishment of the kennel would constitute a
public nuisance, oY would adversely affect the health, safety, welfare or property values of the
person residing, living, or owning property within the immediate area. The form of approval for
a license shall be the resolution of approval, a certified copy of which shall be forwarded to the
applicant.
If the City Council wishes to approve the commercial kennel license, a resolution authorizing issuance
of the license is attached for adoption.
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 (�63) 569-3434
FAX (763) 569-3494
www. cityo fbrooklyncenter. org
MEMORANDUM
From: Larry Martin, Building Official
To: Sharon Knutson, City Clerk
Date: 3une 8, 2004
Subject: Commercial Kennel inspections at 4900 France A�e. N.
On May 26, 2004, Ed Lovelace conducted a life safety/health and comfort inspection in
the following businesses located at 4900 France Ave. N.
1. Pandora's Box Veterinary Clinic
2. Brooklyn Pet Hospital
3. The Cutting Edge
4. Gentle Touch Animal Sanctuary
Four items were found not to be in compliance with City codes/ordinances. A Building
Compliance order was sent to Gentle Touch Animal Sanctuary to correct the deficiencies.
City of Brooklyn Center 6301 Shingle Creek Pkwy, 55430-2199
(763) 569-3300
P� �f
License Application
Hnnual r ee: 1 UU
Commercial Kennel Prorated Fee:
Annual Expiration: September 30
TO THE HONORABLE CITY COLTNCIL: Date: r`
�+p� 2 3 2004
OPERATOR
I�'?'°
Company Name: ��r,l��p ��.,n
O C�ti O Address: LI �r� l�� 1�,�, i�- rn.�'l. 5�L!
(Street Address, City, State, and Zip)
Telephone Number: to a-�j I—��.(`�(�
OWNER (APPLICANT)
Company Name: (�a�o. ,�j/�
Address: L l �r-C,��'Q o ���G�Z �.4�- �7 �J��'1 �-4
(Street Address, City, State, and Zip)
Telephone Number: (o 1 �I
The undersigned hereby applies for a commercial kennel license and acknowledges receipt of a copy of City Ordinance
Sections 1-101 through 1-120 and agrees to comply at all times with all laws, ordinances, or regulations applicable
v,�h�ther t?�ey be federal, statP, county, or municipal. Submitted with this application is a sketch or drawing of the
proposed kennel describing construction, operation, and the approximate number oi animals ta t�e c�nfine� ±h�rein,
proof of workers' compensation insurance coverage, and Minnesota business t� identification number. Information is
collected to determine eligibility for license. Failure to provide information requested may result in denial of
application.
�f�+.�^ ��n being first duly sworn, upon his/her oath deposes and says that he/she is the person who has
executed the foregoing application and that the statements made therein are true of his/her own knowledge and belief.
Signature of Applicant 0/� nn
Subscribed and s� o to ore me this I day of I► i�, �Y a►
Notary Public '����h�
County �P,�f�,i� t 1�
DENISE PERTEET
My Commission expires f� Notary Public
Nfinnesota
My Commission Expires Jan. 31, 2005
City of Brooklyn Center
MINNESOTA BUSINESS TAX IDENTIFICATION NUMBER
Pursuant to Minnesota Statute 270.72 Tax Clearance; Issuance of Licenses, the City of Brooklyn Center is
required to provide to the Minnesota Commissioner of Revenue your Minnesota business tax identification
number and the social security number of each license applicant. Under the Minnesota Government Data
Practices Act and the Federal Privacy Act of 1974, we are required to advise you of the following regazding
the use of this information:
1. This information may be used to deny the issuance, renewal, or transfer of your license in the event you
owe the Minnesota Department of Revenue delinquent ta�ces, penalties, or interest;
2. Upon receiving this information, the licensing authority will supply it only to the Minnesota Department
of Revenue. However, under the Federal Exchange of Information Agreement, the Department of
Revenue may supply this information to the Internal Revenue Service;
Faiture �a sup��y this :r.formati�n n?ay,�eop�rclize c�r delay the processing of your licensing issuance or
renewal application.
Please supply the following information and return along with your application to the City of Brooklyn
Center. DO NOT RETURN TO THE DEPARTMENT OF REVENLJE.
X License being applied for or renewed: �(j r,r� .n n o.
X License renewal date: q�3�' �`f
X* PERSONAL INFORMATION (if applicable*) Please Print:
A licant's Name:
PP �O� ��„n�rr�
J `�1 7
Applicant's Address �r m n S�
3� 3 Ol ti ��c�dress, rty�ta e� an i) 1 rs� rvy�l 5�`z la
Social Security Number: ]1 �(}�j �-J
X* BUSINESS INFORMATION (if applicable*) Please Print:
Business Name: CjQ �n.� `j4,r, �u�
Contact Person: Q
Business Address:�� F�—Gn�',�, �i�l�_ M�1 �j5`'I �,q
J
(Address, City, State, and Zip)
If a Minnesota Tax Identification Number is not required, please explain on the reverse side.
x Federal Tax Identification Number: ���n
Minnesota Tax Identification Number: 1�(� Q
Signature osition O icer, etc. Date
City of Brooklyn Center
PROOF OF WORKERS' COMPENSATION INSURANCE COVERAGE
Minnesota Statute Section 176.182 re uires eve
q ry state and local licensmg agency to wrthhold the
issuance or renewal of a license or permit to operate a busin.ess in Minnesota until the applicant
presents acceptable evidence of compliance with the workers' compensation insurance coverage
requirement of Section 176.181, Subd. 2. The information required is: The name of the insurance
company, the policy number, and dates of coverage or the permit to self-insure. This information
will be collected by the licensing agency and put in their company file. It will be furnished, upon
request, to the Department of Labor and Industry to check for compliance with Minnesota Statute
Section 176.181, Subd. 2.
This information is required by law, and licenses and permits to operate a business may no�'de issued
or renewed if it is not provided and/or is falsely reported. Furthermore, if this information is not
provided and/or falsely reported, it may result in a$1,000 penalty assessed against the applicant by
the Commissioner of the Department of Labor and Industry payable to the Special Compensation
Fund.
Provide the information specified above in the spaces provided, or certify the precise reason your
business is excluded from compliance with the insurance coverage requirement for workers'
compensation.
X Insurance Company Name:
(NOT th�e insurance agent)
X Policy Number or Self-Insurance Permit Number:
X Dates of Coverage:
��R)
I am not required to have workers' compensation liabiliTy coverage because:
X I have no employees covered by the law.
X Other (Specify)
I have read and understand my rights and obligations with regards to business licenses, permits, and
workers' compensation coverage, and I certify that the information provided is true and correet.
X Business Name:�Q� er X,h� �,,�i,.� �j�,��
1
X Contact Person (please print): ��n,�h r. ��a,
X 2
�n
ignature) c.1� D
March 16, 2004
To: City of Brooklyn Center
From: Gentle Touch Animal Sanctuary
Re: Commercial Kennel License
Address: 4900 France Ave No, Brooklyn Center, MN
Gentle Touch is a non-profit (501) animal rescue organization. Our intent is to house
mainly rescued cats until we can place them into foster homes, Petsmart Luv A Pet
Centers, or adopt them out. Gentle Touch may on occasion house dogs or puppies until
placed.
The number of animals will vary along with sex and age. The animals will not be kept on
a long term basis. Our facility could sufficiently house up to 20 cats some of which may
come with litters. The main areas in which the cats will be kept consist of an Isolation
Room holding 7 cages and 2 Kitty Condo Rooms. Cats, if social may roam the facility
while staffed and caged when not.
Our intent is to run the rescue as a home-style living environment for the animals untii
they can be placed into the various above mentioned situations which will help them not
only during the transition period but will also help them adjust well to their new
permanent homes once adopted.
Gentle Touch has been in operation for 2 1 /z years and has been operating as a foster
based organization. We have no paid staff and run the organization with the help of
volunteers,
Animals taken in by Gentle Touch are vet checked, sterilized, given distemper vaccines,
de-wormed, treated with Frontline/Revolution, are microchiped, and will be given rabies
vaccinations. Our Vet is located within 50 feet of the proposed building which would be
convenient for animals needing medical attention.
Apri15, 2004
Heather Zander
Gentle Touch Animal Sanctuary
4900 France Ave No
Brooklyn Center, MN 55429
Maria Rosenbaum
Deputy City Clerk
City of Brooklyn Center89
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430
Dear Maria
I have enclosed a sketch of the facility. The walls are finished painted walls and the
cages we will be using are metal cages with metal bottoms. Since the majority of the
animals in which will be housed at the facility will be cats in cages the cages can be
conveniently cleaned. We are for the most part, a cat only facility any dogs or puppies
that we take in will be housed and kenneled at our Vet's office which is approx 20 feet
from our facility until they are placed for adoption.
We do �o� �}�}�}���e making any structural changes �p t�e building.
I hope this satisfies your requirements, if not, please �p}���c� ma at 612-521-
2200.
Thank you for your assistance in this matter.
Sincerely,
x����/ Ll/J Y
�G�r�Ci(�-
Heather Zander
Gentle Touch Animal Sanctuary
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May 21, 2004
NOTICE OF PUBLIC HEARING
Monday, June 14, 2004
City Hall Council Chambers
6301 Shingle Creek Parkway
Brooklyn Center, Minnesota
7:00 p.m.
(or as soon thereafter as the matter may be heard)
City Ordinance Section 1-104, l.b. requires that owners of property within 150 feet of the proposed
kennel location be notified of the public hearing.
NOTICE IS HEREBY GIVEN that the City Council of the City of Brooklyn Center will hold a public
hearing on Monday, June 14, 2004, at 7 p.m. or as soon thereafter as the matter ma be heard in the Cit
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Hall Council Chambers, 6301 Shingle Creek Parkway, to consider an application for commercial kennel
license submitted by Heather Zander, Gentle Touch Animal Sanctuary, 4900 France Avenue North,
Brooklyn Center, Minnesota, Hennepin County.
BRIEF STATEMENT OF CONTENTS: Gentle Touch Animal Sanctuary is a non-profit (501) animal
rescue organization. The intent is to house mainly rescued cats until they can be placed into foster
homes, Petsmart Luv A Pet Centers, or adopt them out. Gentle Touch may on occasion house dogs or
puppies until placed.
Sharon Knutson
City Clerk
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AFFIDAVIT OF PUBLICATION
City�of Brooklyn Center
STATE OF MINNESOTA) �ocs����r.�»li�a�:onr
CiTY OF BROOKLYN CENTEEt
SS. NOTICE OF PUBLIC HEAItING
COUNTY OF HENNEPIN) �rov�oMiTMn�coxbE�.N:
NOTICE IS FiEREBY GIYEN that the City, Council af the
City of Brooklyn Geiiter will hold; a pubiic hearing on Moa-
Richard Hendrickson, being duly swom on an oath states or affirms, that he is the Chief aay June 14 2ooa at 9 p.m. or as saon thereafter as the
matter may be heazd in the City Hall Council Chambers,
Financial Officer of the newspaper known as Sun-Post a�(� 6301ShingleCreekParkway,toconsideranapplicatio
commercial, kennel license submitted by Heather �andeT
Gentle Touch Animal, Sanctuary, 4900 France Avenue
has fuN know{edge of the facts stated below: N g�� CQnter, Minnesots, Hennepin County.
(A) The newspaper has complied with all of the requirements constituting qualification as sha�n t�aur�on
City Clerk p t
a qualified newspaper, as provided by Minn. Stat. §331A.02, §331A.07, and Otll@f (publishedintheMay 2004 BrooklynCenterSun-Po,st1
applicable laws 8S 8f11@f1CI@C�. (M f
(B) The printed public notice that is attached was pubiished in the newspaper once eaeh
week, for one successive week(s); it was first published on Thursday, the 27 day
of Mav 2004, and was thereafter printed and published on every Thursday
to and including Thursday, the day of 2004; and printed below
is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby
acknowfedged as being the size and kind of type used in the composition and publica-
tion of the notice:
abcde fghi j kl m n opqrstuvw�cyz
BY: V"(
CFO
Subscribed and sworn to or affirmed before me
on this 27th day of May 2004.
f� 1
f 'l�.
Notary Pu�c
S"'.� 'r"." M.+�
MARY ANN CARLSON
NOTARY PUBLlC MINNESOTA
MY COMMISSION F�(p►RES 131-08
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M
RATE INFORMATION
(1) Lowest classified rate paid by commercial users 2.85 �er line
for comparable space
Maximum rate allowed by law 6.20 oer line
(3) Rate actually charged 1.40 oer iine
City Council Agenda Item No. 9a
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION EXPRESSING APPRECIATION FOR FIRE RELIEF
ASSOCIATION SPONSORSHIP AND FIRE DEPARTMENT PARTICIPATION
IN OPEN HOUSES
WHEREAS, the members of the Fire Department and City Council participated in
two open houses, one at the East Fire Station on June 5, and one at the West Fire Station on May 8,
2004; and
WHEREAS, the members of the Fire Department provided opportunities for
residents to learn more about the capabilities of the Brooklyn Center Fire Department and provided
informational demonstrations and displays; and
WHEREAS, the Fire Relief Association generously donated refreshments, supplies,
and materials in connection with these open houses; and
WHEREAS, the City Council wishes to express its appreciation to the members of
the Fire Department for their outstanding efforts and contributions in providing these open house
opportunities for Brooklyn Center residents.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that the Brooklyn Center Fire Department members and the Brooklyn Center Fire
Relief Association be and hereby are recognized and commended for their generous gift of time and
materials to provide open house opportunities at both fire stations.
June 14, 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.
City Council Agenda Item No. 9b
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION EXPRESSING APPRECIATION FOR THE DONATION OF THE
HONEYWELL FEDERAL CREDIT UNION IN SUPPORT OF SUMMER YOUTH
SPORTS PROGRAMS
WHEREAS, the Honeywell Federal Credit Union has presented to the City a donation
of one thousand dollars ($1,000), and has designated that it be used to support summer youth sports
programs; and
WHEREAS, the City Council is appreciative of the donation and commends the
Honeywell Federal Credit Union for its civic efforts.
NOW, THEREFORE, BE IT RESOLVED by the City Councii of the City of
Brooklyn Center
1. Acknowledges the donation with gratitude.
2. Appropriates the donation to the corresponding activity budget.
June 14, 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 resolutian was declared duly passed and adopted.
City of Brooklyn Center
A Millennium Community
MEMORANDUM
DATE: 5/27/04
TO: Michael J. McCauley, City Manager
FROM: �Jii� Glasoe, Director of Conununity Activities, Recreation and Services
SUBJECT: Resolutio�l Expressi»g Appreciation For Tl�e Donation Of The� Honeywell Ft• era]
Credit Union uz Support Of Summer Programs
The Hoizeywell Federal Credit Uilion has presented to the City a doilation of one thousalld
dollars ($1,000.00). They have designated that it be used to support Summer Youth Sports
Programs.
Staff recommends acceptance of this donation aild asl<s that it be coded to the coi
activity hudget.
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
i
Ci Council A enda Item No. 9c
�Y g
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT OF THE
TWINWEST CHAMBER OF COMMERCE IN SUPPORT OF THE NATIONAL
NIGHT OUT ACTIVITIES
WHEREAS, the TwinWest Chamber of Commerce has presented to the City a
donation of two hundred fifty dollars ($250) and has designated it to be used to support the National
Night Out activities; and
WHEREAS, the City Council is appreciative of the donation and commends the
TwinWest Chamber of Commerce for its civic efforts.
NOW, THEREFOR.E, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that,
1. Acknowledges the donation with gratitude.
2. Appropriates the donation to the corresponding activity budget.
June 14, 2004
Date Mayar
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 thereo£
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
T�W 1 N�/VEST'
C H A M B E R O F C O M M E R C E
May 26, 2004
Mayor Myrna Kragness
And City Council Members
City of Brooklyn Certer
6301 Shingle Creek Parkway
Brooklyh Center, MN 55430
Dear Mayor Kragness
The TwinWest Chamber of Commerce's Brooklyn Center/Brookiyn Park Business
Council is pleased to donate $250.00 toward Brooklyn Center's National Night Out
activities.
The annual National Night Out program has been successful in promoting involvement in
crime and drug prevention activities, strengthening police-community relations, and
encouraging neighborhood camaraderie. The Business Council supports this popular
and effective vehicle for heightening awareness and enhancing city-citizen-business
relations.
Best regards,
p
Dee Schutte
Director of Communifiy Affairs Programs
Check enclosed
10550 WAYZATA BOULEVARD MINNETONKA, MINNESOTA 55305
Ph: (952) 540-0234 Fax: (952) 540-0237 www,twinwest.com
Brooklyn Center, Brooklyn Park, Crystal, Golden Valley, Hopkins, Medicine Lake, Minnet�nka, New Hope, Plymouth, St. Louis Park
I Dain Rauscher Incorporated g3g 006648
V�� ��V �V S T Bank one, Delaware, OH 43015 56-1551/441
C H A M B E R O F C O M M E R C E
FOUN�ATION
10550 WAYZATA BOULEVARD, SUITE 2
MINNETONKA, MINNESOTA 55305
(952) 540-0234
TWO Hundred Fifty and ���1�� Dollars CHECKNO. DATE AMOUNT
6648 Apr 12, 2004 ******$250.00
PAY
TO THE
ORDER City of Brooklyn Center
OF:
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AUTHOR IZECYSIGNATU R E
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55L� 708388�OZ7227
TWINWEST CHAMBER OF COMMERCE
FOUNDATION
Brooklyn Comm Business 250.00
4/12/04 6648 City of Brooklyn Center $250.00
006648
City �ouncil Agenda Item No. 9d
CITY OF BROOKLYN CENTER
Notice is h
ereby given that a public hearmg will he held on the 12th day of 3uly 2044 at 7 p.m. or
as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to
consider An Ordinance Amending Ordinance 2002-11 Regarding Council Salaries for 2005-
2006.
Auxiliary aids for persons with disabilities are available upon request at least 96 hours in
advance. Please contact the Deputy City Clerk at 763-569-3300 to make arrangements.
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 2002-11 REGARDING
COLTNCIL SALARIES FOR 2005-2006
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Section 1. City of Brooklyn Center Ordinance No. 2002-11, which amended
the amount of the annual salaries to be paid to the Mayor and Council Members to become
effective January l, 2003, is hereby amended.
Section 2. Effective January 1, 2005, the annual salary for Mayor shall be
$10,522 and the annual salary for Council Members shall be $8,056.
Section 3. Effective Janua 1 2006 the annual sala for Ma or shall be
rY
Y
$10,732 and the annual salary for Council Members shall be $8,217.
Section 4. This ordinance shall be effective after adoption and thirty days
following its legal publication.
Adopted this day of 2004.
Mayor
ATTEST:
City Clerk
Date of Publication
Effective Date
City Council Agenda Item No. 9e
CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the 12th day of July 2004 at 7:00 p.m. or as soon
thereafter as the matter may be heard at City Hall, 6301 Shingle Creek Parkway, to consider an ordinance to
amend the City Charter provisions relating to the form af City Ordinance amendments.
Au�liary aids for handicapped persons are 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 RELA'TIl�1G TO CITY GOVERNMENT; AMENDING SECTION 310
OF THE BROOKLYN CENTER CITY CHEIRTER
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS:
Section 1. Upon recommendation of the Brooklyn Center Charter Commission pursuant to
Minnesota Statutes, section 410.12, subd. 7, Section 3.10 of the City Charter of the City of Brooklyn Center
is hereby amended in the following manner:
Section 3.10. AMENDMENT AND REPEAL OF ORDINANCES.. Every ordinance repealing a
previous ordinance, section or subdivision thereof shall give the number, if any, and the title of the
ordinance to be repealed in whole or in part. No ordinance, section, or subdivision thereof shall be
amended by reference to the title alone. Such an amending ordinance shall set forth in full eacl� section ar
subdivision to be amended and shall indicate new matter by underscoring, and the old matter to be
omitted, by ��t� ��g ���:,sa;? �,k�e;] strikethroush metl�od. In newspaper publication of ordinauces, the
same indications of omitted and new matter shall be used except that italics or bold-faced type may be
substituted for underscoring and omitted matter ����4�� be printed �i�� c����?�i��I 1� tt���°:� :k� i�:(� �tar�
usin� the strikethroueh method.
Section 2. This Ordinance sl�all become effective after adoption and upon ninety (90) days following
its legal publieation, except tUat if within sia�ty (60) days after publication a petitioii requesting a refereildum
on this ordinance, signed by the number of registered voters of the City required by Minnesota Statutes,
section 410.12, subd. 7 is filed wifli the City Clerk, this ordinance will not be effective until approved by 51%
of the voters voting on the question of its adoption at the special election called by the Council for that
purpose.
Section 3. On tlie effective date of this Ordinance, the City Clerk is authorized and directed to file
copies of the ameiidment with the Secretary of State of the State of Minnesota, the Hennepin County
Recorder, and the City Clerk's office together with the certificate required by Minnesota Statutes, section
410.11.
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 Braoklyn Center
A Millennium Community
MEMORANDUM
TO: Michael J. McCauley, City Manager
FROM: Sharon Knutson, City Clerk
DATE: June 10, 2004
SUBJECT: An Ordinance Relating to City Government; Amending Section 3.10 of the Brooklyn
Center City Charter
In November 2003, the City Attorney drafted an ordinance amending Section 3.10 of the City Charter
that would allow the City to use strikethrough rather than brackets for matter to be deleted in its
ordinance amendments. City Manager Michael McCauley forwarded the ordinance to the Brooklyn
Center Charter Coinmission for its review and recommendation. The basis for this amendment is that it
would make it easier for everyone to identify which language was being removed in an ordinance
amendment. New language is underlined, making it easier to identify new language, but tlle use of
brackets is sometimes confusing.
At its Apri128, 2004, meeting, the Brooklyn Center Charter Commission reviewed the ordinance
amendment and recommended the changes be sent to the City Council. Charter Commission Chair Stan
Leino appeared at the May 24, 2004, City Council Work Session to discuss the ordinance amendment
and present the Charter Cominission's recommendation.
The ordinance amendment is offered at the June 14, 2004, City Council meeting for first reading. If
approved, second reading and public hearing would be scheduled for July 12, 2004, and notice of public
hearing would be published in the City's official newspaper.
Attachments
1. An Ordinance Relating to City Government; Amending Section 3.10 of the Brooklyn Center City
Charter
2. Draft Minutes of the April 24, 2004, Brooklyn Center Charter Commission
3. Draft Minutes of the May 24, 2004, Brooklyn Center City Council Work Session
6301 Shingle Creek Parkway Recreation and Communaty Center Phone TDD Number
Brooklyn Center, MN 55430-2I99 (763) 569-3400
City Hall TDD Number (763) 569-3300 FAX (763) 569-3434
FAX (763) 569-3494
www. cityo fbrooklyncenter. org
MINUTES OF THE APRIL 28, 2004 MEETING OF THE BROOKLYN CENTER
CHARTER COMMISSION
Meeting called to order at 7:00 PM.
Commissioner Oslund volunteers to take the minutes due to absence of Commissioner
Middleton.
Roll call of Charter Commission members.
In attendance were Commissioners Roni Brunner, Stan Leino, Eileen Oslund, Rich Theis,
Kris Lawrence-Anderson, Walter Bursch, and Richard Phillips.
Excused: Commissioners Elizabeth Dorsey-Hatle, Harold Middleton, Denise Walker, and
James Holst.
Unexcused: Commissioner Denise Walker.
The minutes of the February 25, 2004 were presented and approved.
Old Business
Discussion of Chairmanship:
Commissioner Holst has pulled his name as the nominated chair, but will continue
as a member of the commission.
Commissioner Theis moved to appoint Commissioner Leino as Chairman.
Seconded by Commissioner Brunner. Motion passed unanimously.
Connmissioner Theis moved to appoint Commissioner Brunner as Vice Chairman,
Seconded by Commissioner Phillips. Motion passed unanimously.
Changes to Section 3. 01 of the City Charter
Commissioner Brunner moved that the recommended changes be sent to the City
Council. Seconded by Commissioner Phillips. Motion passed unanimously.
Motion to adjourn by Commissioner Theis, seconded by Commissioner Bursch.
Motion passed.
Section 3.01, Council Meetings
Section 3.01 of the Charter provides the following:
The City Council shall hold regular meetings at such tirne and place as it by motion shall
determine. Officers elected at the time of the regular municipal electionprovide for by
this charter shall be sworn in and assume the duties of the office to which they were
elected on e�e�the first business day of January ����tl��i��-��� ��a_._:?
a��e°" officers chosen and aualified as such shalll
CH�IRTER Ca�wr►,ssio�l r►�NOTE:
hold office until their successors aualifv. Officers elected at special election shall be '}�f� 6� a.
sworn in and assume the duties to which they were elected on any business day or at any
City Council meeting after the issuance by the City Clerk of the Clerk's certificate of
election. Newly appointed Council members shall take the oath of office and assume the
duties of the office upon appointment, or on any business day, or at any Council meeting
after being appointed. The Mayor or any two members of the Council may call special
meetings of the Council upon at least twenty-fowr (24) hours' written notice to each
member of the Council. Such notice shall be delivered personally to each member or
shall be left at the member's usual place of residence with some responsible person. All
meetings of the Council shall be in compliance with the Minnesota Open Meeting Law,
and any records thereof shall be made available at all reasonable times.
Changes to Section 3.10 of the City Charter
Commissioner Brunner moved that the recommended changes be sent to the City
Council. Seconded by Commissioner Theis. Motion passed unanimously.
Section 3.10, Amendment and Repeal of Ordinances
Section 3.10 of the Charter provides the following:
Every ordinance repealin a revious ordinance section or subdivision thereof shall ive
g P g
the number, if any, and the title of the ordinance to be repealed in whole or part. No
ordinance, section, or subdivision thereof shall be amended by reference to the title alone.
Such an amending ordinance shall set forth in full each section or subdivision to be
amended and shall indicate new matter by underscoring, and the old matter to be omitted,
by strikethrou�h method. In newspaper publication of ordinances,
the same indications of omitted and new matter shall be used except that italics or bold
faced type may be substituted for underscoring and omitted matter be printed
usin� the strikethrou�h method.
P�,��
Administrative Fines
Commissioners discussed this topic, but did not have enough information to come
to any conclusions. Chairman Leino will contact the City Manager for rnore
information.
New Business
Recent outgoing Commissioners will be contacted by the Chairman to find out their
preference for a gift and date of presentation at the City Council meeting
Next scheduled meeting June 23, 2004 at 7:00 PM.
Harold Middleton
Secretary
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
CITY COUNCIL WORK SESSION
MAY 24, 2004
CITI� 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 9:01 p.m.
ROLL CALL
Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Bob
Peppe. Also present: City Manager Michael McCauley, Assistant City Manager/Director of
Operations Curt Boganey, and Deputy City Clerk Maria Rosenbaum.
DISCUSSION OF CHARTER COMMISSION REVIEW OF POTENTIAL CHANGES
TO CITY CHARTER
Stan Leino, Charter Commission Chair, addressed the Council to discuss the delay in the responses
to the items requested by the Council. Mr. Leino informed that the Charter Commission has had
issues with having a Commission Chair and that he is currently the Commission Chair. The minutes
from the Apri128, 2004, meeting have not been approved; however, he believes that they are in a
final format.
Mr. Leino discussed that the Charter Commission had discussed the request for changes to Section
3.01 and 3.10 of the City Charter and would recommend the fallowing:
Section 3.01: The City Council shall hold regular meetings at such time and place as it by motion
shall determine. Officers elected at the time of the regular municipal election provide
for by this charter shall be sworn in and assume the duties of the office to which they
were elected on e�e�-the first business day of January �r�* r;+��
r��atina in T�nn� 1 All officers chosen and aualified
as such shall hold office until their successors aualifv. Officers elected at special
election shall be sworn in and assume the duties to which they were elected on any
business day or at any City Council meeting after the issuance by the City Clerk of
the Clerk's certificate of election. Newly appointed Council members shall take the
oath of office and assume the duties of the office upon appointment, or on any
business day, or at any Council meeting after being appointed.
OS/24l04
-1 DRAFT
C �Y Co�NC �c. r►,NU�s
The Mayor or any two members of the Council may call special meetings of the
Council upon at least twenty-four (24) hours' written notice to each member of the
Council. Such notice shall be delivered personally to each member or shall be left at
the member s usual place of residence with some responsible person. All meetings of
the Council shall be in compliance with the Minnesota Open Meeting Law, and any
records thereof shall be made available at all reasonable times.
Section 3.10: Every ordinance repealing a previous ordinance, section or subdivision thereof sha11
give the number, if any, and the title of the ordinance to be repealed in whole or part.
No ordinance, section, or subdivision thereof shall be amended by reference to the
title alone. Such an amending ordinance shall set forth in full each section or
subdivision to be amended and shall indicate new matter by underscoring, and the old
matter to be omitted, by °�^'^�;�R �r���-°+� strikethrough method. In newspaper
publication of ordinances, the same indications of omitted and new matter shall be
used except that italics or bold —faced type may be substituted for underscoring and
oinitted matter be printed �°r�+�' '°**°x, r°�+'�°�;^ usin� the
strikethrou�h method.
Mr. Leino discussed that the Charter Commission is not comfortable at this time making a
recommendation on the request regarding Administrative Fines. They did table this item. and will
consider discussing further once they have received more information.
Council discussed and indicated that there is no longer an interest in pursuing administrative fines for
the Crty.
Council continued discussions regarding Section 3.01 of the City Charter and the different scenarios
that could happen. Mr. Leino informed that they could revisit the language if the Council so desires.
Councilmember Peppe left the meeting at 9:20 p.m.
Councilmember Lasman made a suggestion about adding more language or considering something
like senior votes to take office if an elected official did not qualify.
DISCUSSION OF WHO REVIEWS/RECOMMENDS COUNCIL SALARIES; WHO
REVIEWS/RECOMMENDS CITY MANAGER SALARY; AND THE SALARY
SETTING PROCESSES PAST AND FUTURE
This item was discussed at the Study Session.
COUNCIL DIRECTION ON SALARY RECOMMENDATION FROM FINANCIAL
COMMISSION
This item was discussed at the Study Session.
OS/24/04 _2_ DRAF
T
City Council Agenda Item No. 9f
I
CITY OF BROOKLYN CENTER
Notice is hereb iven that a ubl'c
y g p i hearing will be held on the 12 day of July, 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 are 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,
i AND 23-704 AND ADDI� NEW SECTIONS 23-706, 23-707, 23-708, 23-709,
23-710, 23-711 AND 23-712
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Section l. Brooklyn Center City Code Section 23-702 is amended as follows:
Section 23-702. TAXICAB LICENSE REQUIRED.
a. No person shall operate or permit a taxicab owned or controlled bv that berson to
be onerated t<z��c��t�) within the City of Brooklyn Center without [c�i�������-i��� �.�li� t<��ic����
����r���t c�F�c�;��l ��E����; i�����c� t��� (:I�� �-��;�?°4��,c�1it:��r� .�ir��s�� �"t3�a�����i�,4i���� ���cl�c���t c:t�r���l�,i���
t�.��: �°�s.���ir�t���:.�t�i:�; c.�:I° sg���il is;;�y������ �z�atl�t�s�it� ts:�r�c� ��r�=�ic�ir�� ��r��i�i` t�ae;� re���t��iii�� ��:�•i�-�;.xr
����z�ii(i��t������. sr,�:��r�r�c:�:. �-���i�1� �;s�f�.t�, <��,�3 ��l�i�;1� i��5��s�ac:ti������;] havine first obtained a t�icab
license from the Citv coverin� both the driver and the taxicab.
b. Licenses are valid from Januarv l to December 31.
c. A license is not required for taxicab owners and operators narticipatin� in
the Sober Cab program. This exception annlies when the followin� conditions are met:
1. The taxicab is pickin� un the cnstomer at an on-sale liquor
establishment within the Citv;
i 2. The on-sale li uor establishmen
c� t placed the call for service to the
taxicab; and
3. The fee for the service is paid bv the liquor establishment b a th'
v ird
nartv as nart of a Citv or area wide sober cab promotion, or the sevice is
nrovided voluntarilv bv the taxicab owner or operator.
ORDINANCE NO.
Section 2. Brooklyn Center City Code Section 23-703 is amended as follows:
Section 23-703. �3i���-'I I�.'�; I����?;��1', ��1�:��,�� II°�����.] LICENSE
APPLICATION.
,.,�f-..
�..�.e ,'l ._Fn� ,..3` ,i ..,k.z..... s 5.,..._.�,�.:.
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 comt�letelv answer
all auestions and nrovide all information reauired on the at�plication form. An
annlication bv a business or�anization mav cover more than one taxicab and more
than one driver.
b. Before a licensee 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 ori�inal apnlication.
c. The Citv mav conduct anv and all necessarv investi�ations to verifv the
information on the annlication, includin� a criminal historv and driver's license
historv inauirv on the annlicant or anv driver.
d. License renewal anblications must include all of the information reauired in an
ori�inal apnlication.
Section 3. Brooklyn Center City Code Section 23-704 is arnended as follows:
Section 23-704, ,�1� �f_��:] VEHICLE REOUIREMENTS.
t��.�.i�;a:l� r�c���.i�c�� tc� I�e l�c�°���c:�i h�� tl�i� ���ti��z� s1�<�ll k�c;��r ���7�� ic��nti����z�� t1��
�w���1�. t�a���;G�i�. `�u�;�� ��ti���l c}�� i:1�� ��t�ri�?r c�!'tf��. �%�����ie: u���� ;;�Z�al:� �,:i:�i�3��
f`s���r�� =�,°G��;l; c�I��l�.� �-�:}a�c1eA�
a. Prior to oneration in the Citv, each taxicab must meet the followin� reauirements:
1. Be marked to clearlv identifv the name of the business or comnanv, the
business or companv telenhone number, the cab number arid rates. The design of
the markin� must be apnroved bv the Citv Mana�er's desi�nee.
2. Be eauinned with an accurate. oberatin� meter, and an oneratin� radia or
telephone: and
ORDINANCE NO.
3. Have nassed an insnection at a aualified service station or �ara�e that
emt�lovs a master ASE (Automotive Service Excellencel Technician. The Citv
reserves the ri�ht to examine and insnect taxicabs in Citv facilities.
4. Be clean. �ainted. and free from rusted metal and subsfantial bodv
dama�e. The vehicle must have no loose han�in� metal, bodv molding ar chrome
strinnin�. The vehicle must have all reauired fenders, bumpers, doors, door
handles and li�hts. all of which must be in �ood workine order.
b. Each licensed taxicab must be insnected annuallv or as otherwise reauired bv the
Citv.
Section 4. The Brooklyn Center City Code is amended by adding a new Sectian 23-706:
Section 23-7�6. LICENSEE MINIMUM REOUIREMENTS.
a. An annlicant for a taxicab license must:
l. 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 a�e, and if a corooration or
association, be pronerlv 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 Brooklyn Center City Code is amended by adding a new Section 23-707:
Section 23-7O7. DISOUALIFICATIONS.
a. Excent as allowed under Minnesota Statutes, Chanter 364, the followin� nersons
are disaualified from obtainin� a taxicab license or from drivin� or onerating a taxicab:
1. Persons convicted of a violation of Minnesota Statutes 609.185 to
609.21 (znurder. criminal vehicular homicide and iniurvl:
2. Persons convicted of a violation of Minnesota Statutes 609.221 to
609.223 (assault in the first. second ar third de�reel:
3. Persons convicted of a violation of Minnesota Statutes 609.342 to
609.3451 (criminal sexual conduct);
4. Persons convicted of a violation of 617.23. subdivisions Z or 3(felonv or
gross misdemeanor indecent exnosurel:
ORDINANCE NO.
5. Persons convicted of anv nrovision of Minnesota Statutes; Chapter 152
(controlled substancesl that is nunishable bv a maximum sentence of 15 vears of
more:
6. Persons convicted of anv nrovision of Minnesota Statutes, Chanter 169 or
169A involvin� drivin� under the influence, leavins the scene of an accident or
reckless or careless drivin�:
7. Persons who have been adiud�ed le�allv incompetent bv reason of inental
illness, mental deficiencv, or inebrietv;
8. 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�ranhs (11, (21, (3), (41 or (51: and
9. Persons who have driving violations not listed in nara�ranh (61 within five
vears nrior to the license abnlication.
b. The citv council mav allow a nerson to be eligible to drive a taxicab or issue a
license to a uerson who has been convicted of drivin� under the influence or a crime
involvin� the ille�al use of drugs if the nerson has successfullv comnleted a treatment
pro�ram that has been annroved bv the Citv Mana�er's desi�nee and the violation
occurred five or more vears nrior to the annlication.
Section 6. The Brooklyn Center City Code is amended by adding a new Section 23-708:
Section 23-708. INSURANCE REOUIRED.
The Citv will not issue a taxicab license until the apnlicant has filed with the Citv
Mana�er's designee an insurance nolicv. a certificate of insurance or insurance binder, subiect to
avnroval as to form bv the Citv Attornev. that evidences that the owner of the taxicab is insured
a�ainst claims, demands or losses in the minimum amounts of $150.000 for a sin�le iniurv or
death in a sin�le accident and at least $300.000 far more than one iniurv or death in a sin�le
accident and $25.400 for bronertv dama�e. The nolicv must contain a clause obli�atin� 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 companv. owner, or lessee of the vehicle must maintain order slins
upon which are recorded all trins reauested showin� the time and ulace of ori�in and the
destination of each trin. Order slins must be retained and preserved, in chronological
order, in a safe nlace for at least the calendar vear. All order slips must be available to
the Citv.
i
ORDINANCE NO.
I
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 Brooklyn Center City Code is amended by adding a new Section 23-710:
Section 23-710. PROCEDURE AT CAB STANDS.
T
axicab drivers waitin� at a cab stand mu all w rosnective a sen er to fr e
st o n p s s eelv choos
a taxicab. Drivers mav not refer or encoura�e a nrosnective nassen�er to a narticular taxicab.
Section 9. The Brooklyn Center City Code is amended by adding a new Section 23-711:
Section 23-711. REVOCATION OF LICENSE.
A taxicab license mav be revoked bv the Citv Council if the licensee has violated anv
nrovisions of this ordinance. or state or federal law, which violation, in the Citv Council's
discretion, reflects unfavorablv on the fitness of the licensee to offer public transnortation.
Section 10. The Brooklyn Center City Code is amended by adding a new Section 23-712:
Section 23-712. PENALTY.
Anv berson, firm or comoration who violates anv brovision of this Ordinance is. unon
conviction. �uiitv 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
following its legal publication.
Adopted this day of 2004.
Mayor
ATTEST:
City Clerk
Date of Publication:
Effective Date:
(Underline indicates new matter; brackets indicate matter to be deleted.)
�RpOKLYN C��yt�
BROOKLYN CENTER
r
POLICE DEPARTMENT
POLICE
MEMORANDUM
TO: Michael McCauley, City Manager
FROM: Scott Bechthold, Chief of Police
DATE: May 18, 2004
SUBJECT: Taxicab Ordinance Update
A copy of the proposed Taa�icab Ordinance was mailed to Tim Crandall, a Brooklyn Center
resident and taxicab owner/operator, to review and address any concerns regarding the ardinance
and how it would affect the taxicab industry.
Lt. Curtis Lund met with Mr. Crandall and discussed in length with him each section of the
ordinance. Mr. Crandall is of the opinion that the proposed ordinance is a very workable
ordinance and made the following suggestions:
1. Section 23-704a3. VEHICLE REOUIREMENTS
Mr. Crandall indicated tliat ASE (Automotive Service Excellence) is only one of a few
organizations that train and certify mechanics in automobile repair.
Mr. Crandall suggests a wording change similar to an established and reputable service
station or Qara�e which emnlovees exnerienced and trained mechanics.
Mr. Crandall feels that in doing so it would allow an owner/o erator to utilize the
P
services of a qualified service station or garage who may employee experienced
mechanics trained by an organization other than ASE.
I propose no change in the current language. The ASE certification is the industry recognized
standard for xeputability. The suggestion offered by Mr. Crandall is too vague and would require
the police department to research certification standards for each of the signing mechanics and
garages.
2. Section 23-7
07. DISOUALIFICATIONS.
Mr. Crandall would like to see language similar to within five vears nrior to the license
abnlication and the successful comnletion of a treatment bro�ram added to paragraph fl
as it relates to driving under the influence and in paragraph (h) as it relates to illegal drug
use.
It is my opinion that Mr. Crandall's proposed language change regarding the above is reasonable
and merits a five-year limitation rule.
3. Mr. Crandall would also like to see an EXEMPTION added to the ordinance where
taxicabs not licensed in the City of Brooklyn Center would be exempt from licensing
when nickine up batrons from a bar in the Citv.
Mr. Crandall indicates that he and a number of other owner/operators participate in the
Sober Cab program. The number of owner/operators that participate in the program, that
would purchase City of Brooklyn Center t�icab licenses, would not be sufficient enough
to provide the service to this area. The Sober Cab program would rely on using Sober
Cab participants from the surrounding Metro area who do not run taxicabs in Brooklyn
Center.
Mr. Crandall's concern is that if these Sober Cab participants are not exempt from the
Brooklyn Center licensing ordinance the Sober Cab service to the area would be greatly
reduced setting up the potential for an impaired person getting behind the wheel of a
vehicle rather than waiting for a Sober Cab.
I am not in opposition to this suggested change in language other than ordinance language needs
to be specific that unlicensed cabs are actively participating and operating under the established
guidelines and timeframes of the Sober Cab campaign.
SB/cl
AGENDA
CITY COLTNCIL WORK SESSION
June 14, 2004
Immediately Following Regular City Council Meeting at 7:00 P.M
City Council Chambers
L Mayor Kragness: Correspondence regarding family memberships at Community
Center requesting family memberships for gay, lesbians, and others.
2. Council Member Niesen:
a. Discussion of Commission appointment processes
b. Council communications with city staff
3. Tobacco free zones in parks during organized youth activities
4. Miscellaneous
5 Adj ourn
7
MEMORANDUM
TO: Mayor Kragness, Councilmembers Carmody, Lasman, Niesen, and Peppe
FROM: Michael J. McCauley
DATE: June 10, 2004
SUBJECT: Work Session Agenda Items
Agenda Item 1. Attached is correspondence that Mayor Kragness received requesting family
memberships for gay, lesbian, and other persons. The Community Center offers family memberships
based on state recognized marital relationships. Mr. LeFevere is reviewing whether this is other than
a policy matter. Mayor Kragness requested placement of this item on a work session agenda for
Council discussion.
Agenda Item 2. Council Member Niesen requested the following items be placed on a work session
for discussion:
1) Commission appointment process (A copy of Council Member Niesen's e-mail
outlining the items she would like to discuss is attached.)
a. Whether the Mayor meets with volunteers prior to making appointment
decisions
b. changing the process of offering spots on Commissions to those who have not
applied directly to that Commission
2) Council Member Niesen requested discussion of Council communications with city
staff as a follow up to the article that you received with a recent update on Couneil
communications with the city manager.
Agenda Item 3: Enclosed are materials from the Park Recreation Commission regarding a request
to place tobacco free area signs in City parks that would apply to organized youth events/activities in
parks.
Steve A. Landis Kenneth C. Evers Jr.
7118 Grimes Avenue North Brooklyn Center, NIN 55429
(763) 503-7899 landcomrn@comcast.net
Mayor Myrna Kragness
3401 63rd Avenue North
Brooklyn Center, MN 55429
Monday, May 24, 2004
Encl. (a) Letter dated Monday, April 19, 2004
Mayor Kragness,
I an1 now in my third month of communicating with the city of Brooklyn Center's
Community Center regarding its membership policy, which I would very much like to have a
hand in amending. Specificaily, our commuiuty does not recognize domestic panners ror iile
purpose of "family memberships" at the Conununity Center or for any other plirpose that I ain
aware of.
I have enclosed a copy of the most recent commurlication with the Community Center, dated
and mailed Apnl 19,2004, for which I have received no response. A review will show that I
am ready, willing a�id able to work from a position of understanding and simply want to
advance the rights and recognition of an important and growing se�ment of tlle micro-society
we call Brooklyn Center.
Today, as I looked more closely at the Brooklyn Center web site I was encouraged to find the
2004 City Council Goals which include:
Goal 1: Promote the Inclusion of All Residents in Brooklyn Center's Community Life
B
Emphasizing opportunities to include a11 residents in the community's activities and �lans
I was further encburaged to read a Cultural Diversity statement which states: "...tlze Brooklyn
Center City Council Izas identified as one of its ,�oals tlze need to build a commu�zity that is
tivelcorning a�7d inclusive of all people..."
As a community our doctnne clearly emphasizes opportunities for all residents and it would
seem we want to welcome and include all people. Tlus cannot simply be window-dressing
that meets standards Kennedy c�. G1 Cl1a� have signed off on as nunimum
acceptable policy. Rather, the city should function to the very letter of its stated goal by
recognizing ail people to include but not be limited to gay, lesbian, bisexual and transgender
residents. Whether recognized at a state level or not, we are homeowners, tax payers, parents
and doinestic partners, every bit as committed to our families, homes and community as our
married neiahbors.
While this effort began with a goal to gain family membership for Kenny, our future child,
and myself at the same rate charged "traditional" families, I truly believe this small endeavor
every bit as important for our community as were the efforts resulting in the recognition of
same-sex marriage ii1 Massachusetts. L7 a supposedly free society such as ours, we cannot
pick and choose whom we eYtend equality to. W�ule I certainly reco�lize the need for
Brooklyn Center to control membership and avoid loss as a result of deceptive membership
practice, this control should not extend its influence over the rights, needs azld civic pleasures
afforded my family and household.
Thank you so much for your time and consideration, Mayor Kragness. If there is any
additional information or assistance I can provide which might inake the process of
recognizing domestic partners and the GLBT residents of our community easier, by all means
call upon me. I very much look forward to continued dialogue.
Cordially,
v%G
Steve A. Landis�—
Steve A. Landis Kenneth C. Evers Jr.
7118 Griznes Avenue North Brook?yn Center, M1V 55429
(763) 503-7899 landcomnl@comcast.net
Parks and Recreation Department
Community Center O
6301 Slungle Creek Parkway
Brooklyn Center, MN 55430
Apnl 19, 2004
Commuzuty Center:
In late March I contacted the Community Center in an effort to ideutify what consideration
might be given to extending family membership status to my life-partner, Kenneth C. Evers
Jr. and me. I was infornled that the city of Brooklyn Center recognizes fa�nily as governed by
the state of Minnesota's definition of mamage. In short, this means my family is neither
recognized as nor eligible for any benefit extended to other Brooklyn Center families, which
include a traditional husband and wife.
Although I failed to note tl�e nan�e of the gentleman who so kindly called me, I recognized
then as I do now that the city has a fiduciary responsibility to protect itself against those who
might conspire to deceive the city by falsifying familial relationship. Wliile I respect city
leadership for its guardianship, it is my hope that tlus restrictive covenant can be addressed
through meaningful dialogue so that we as a community begin to recognize legitimate family
relationships, which tra�zscend state guidelines. These relationships include but are by no
means lizniied to gay, lesbian, bisexual and transV�ender residents of Brooklyn Center.
I would like to cite Chapter 142 of the Minneapolis Code of Ordinances, which states in part:
"Domestic partners are two (2) adults who:
(1) Are not related by blood closer than permitted under marria�e laws of the state;
(2) Are not married or related by mamage; y
(3) Are competent to enter into a contract;
(4) Have no other domestic partner with whom the household is shared, or with whom the
adult person has another domestic partner;
(5) Are jointly responsible to each other for the necessi�ies of life;
(6) Are committed to one another to the same extent as married persons are to each other,
except for the traditional mantal status and solemnities."
I cite this ordinance because Minneapolis fom�ally recognizes the significant contribution
domestic partners make to one another and to tneir community. Wlule Kenny and I do reside
in Brooklyn Center, I work in the city of Minneapolis, where we are registered and reco`nized
as Domestic Partners. As such, there is a si�nea document stating that we meet the guidelines
cited above. Specific to the process outlined by tlus ordnance (and I quote again): "The
partners fill out an application and send it to the City Clerk's office with a$20.00 check. The
City Clerk inails a certificate of registration to the partners after the form is received."
Beyond the signed, official declaration of domestic partnership filed with Minneapolis, it is
not difficult to prove con�iitment on our part to one another or even to the city of Brooklyn
Center. I will, however, note that for the purpose of proof, I am only able to cite fiscal rather
than ethical obligation which might be more closely tied to a traditional marriage. This proof
includes but may not be limited to:
l. The signed contract for purchase of one 2000 Saturn LS. Tlus contract remains in effect
today and proves a long-term relationship was established and continues some four years
from ongination.
2. The signed contract for purchase of one home located at 7118 Grimes Ave. North in
Brooklyn Center, �T1 55�29 (76�) 503-� 899.
A property infoiznation search conducted via ����v.col7eiu�euin.i�ul.11s will show that for the
puzpose of tax, the property is listed in my name however, this is done through necessity since
neither our state nor our country reco� ize domestic partnership for the purpose of jointly
filed taxes. You will find, as evidenced by tlle aforementioned domestic partnership
agreement and the contractual obligations cited above, that Keluzeth Charles E��ers, Jr. does
share in the benefit of and responsibility for payment of the mortgage, taxes and continued
maintenance of 7118 Grimes Avenue North.
In the absence of a certificate recognizing mamage bettiveen we two citizens, there is no
additional technical or theoretical means by which we could be mare tied, be it financially,
ethically, or contractually. The only familial similarity we do not cun share with other
traclitio��.al fanzilies is that we currently have no children. I am happy to report however that
since the state of Nlinnesota supports the adoption of children by same-sex couples, we have
started that process which wi11 bring us one step closer to being tlie traditional fanuly. It is
my hope that our child will not be resti from use of the Brooklyn Center Community
Center because his or her parents do not ineet the definition of an outdated and regressive
statute that fails to recognize us as either parents or a family. Rather, it places an additional
financial burden on us in that we are currently re�uired to purchase membership as
individuals rather than as a far_lilv unit.
The next step, in my opinion, is to identify what we as citizens can do to coordinate with the
Community Center and City of Brooklyn Center to recomZize domestic partners in a way
which allows us to enjoy some of the benefits our married neighbors do now. These benefits
include, but are not necessarily limited to, famiiy membership status at the Conununity
Center.
I will close by saying we are deli�hted to be residents of Brooklyn Center. As our neighbors
will tell you, we take �reat pnde in our home and have. in less than ane year improved the
property The personal and actual value of the property and home has increased and
continues to do so each day as we landscape, reoair and imp:ove this old I2ouse at 7118
Grimes Avenue North.
We very n7uch look forward to any feedback or dialogue the city is willino to of
this matter. Thank you for your time and consideration. fer regarding
Cordially,
Steve A: Landis Kenneth C. Evers, Jr.
i'
I
City of Brooklyn Center
A Millennium Community
Steve Landis/Kenneth Evers
7118 Gnmes Avenue N.
Brooklyn Center, M�t >j�129
Dear 1�Ir. Landis, NIr. Evers
Thank you for your recent letter regaraing the Community Center's current membership policies.
I appreciate the obvious research, thought and effort that went into composing your letter.
As you indicated, the cunent definition of a"famiiy", as it relates to our Community Center
membership, follows the cunent State ofMinnesota statutes defining marriage.
As this is our State's only legally recognized union, we thought it a logical and defensible starting
point for our definition.
Ln your letter, you refer to the City of l�linneapolis' Domestic Partners Program and other
instances of "commitment" that you request be considered when considenng a definition of
family. While I recognize the time, resources, effort and sacrifice that is necessary in any
committed relationship, the issue of a legally recognized union remains.
While I respect your request that the City consider revising our dezinition to include other types
of relationships that, in your words, "transcend state guidelines." The resultant balancing of fair
and equitable treatment of many different types of relationships, and the on-going protection of
the pubfic interest would be made infinitely more difficult.
As a result, at this time, I am unable to extend to you our family rates. However, upon close
examination, I think that you will find that, even �vith rivo separate individual memberships, our
rates compare favorably to the family rates at most other fitness establishments.
Thank you for the opportunity to further explain our family membership definitions and rationale.
If you have questions, or would like additional information, please feel free to contact me at
(7b3) 569-3407.
S incerely,
i lasoe
D� ector of Community Activities,
Recreation and Services
ce: 1vlichael NlcCauley, City Manager
6301 Sizingle Creek P¢rhway Recreation and Community Center Phone TDD Number
Brooklyn Center, MN 5�430-2199 (763) 569-34Q0
City Hall TDD Number (763) 569-3300 FAX (763) 569-3434
F.4<Y(i63) �69-3494
www. cityoj'brooklyncenter.org
Miiana P. Tolins
'(j P 470 Pillsbury Center
200 South Sixth Street
Minneapolis MN 55402
(612) 337-9248 telephone
z Gl'aVen (612) 337-9310 fax
mto l i ns@kennedy-grav en. c om
CHARTERED
MEMORANDUM
TO: City of Brooklyn Center
DATE: June 10, 2004
RE: Community swimming pool membership fee
You have asked for a legal opinion regarding City of Brooklyn Center's authority to extend its
community swimming pool family membership rates to "domestic partners."
The City is correct in that the State of Minnesota currently does not include same-sex unions in the
legal definition of marriage or family. See Lilly v. City o,f Minneapolis, 527 N.W.2d 107, 112
(Minn. App. 1995) (the law in Minnesota is very clear that marriage must be between a man and a
woman). The City of Minneapolis was precluded from extending family health benefits to domestic
partners of the city employees. The court concluded that the City of Minneapolis lacked the power
to legislate locally what appears to be an area of statewide concern. The court's analysis was based
on the provisions of a state statute authorizing municipalities to provide health benefits to its
employees. Minn. Stat. 471.61. Because the statutory definition of dependents did not include
"domestic partners" and because Minneapolis derived its authority to provide health benefits from
that statute, Minneapolis lacked power to engraft an exception to grant benefits to persons not listed
as "dependents."
Cities derive their authority to operate recreational facilities (including swimming pools) from
section 471.15 of the Minnesota Statutes. The statute is silent with respect to fees associated with
the use of these facilities. Thus, the authority to charge for the use of swimming pools must came
from the cities' general powers to charge for services.
It appears that the state law does not restrict the method or amount of fees that cities can charge for
the use of city-owned recreational facilities. In that respect, Brooklyn Center is free to establish the
fee categories and amounts for the use of its swimming pool, as long as the fees remain non-
discriminatory. At the same time, Brooklyn Center may not create categories that conflict with state
law. In that respect, the definition of "family" may not extend to "domestic partners' as it would be
contrary to Minnesota law with respect to legal definition of "family' or "marriage."
M PT-249170v 1
BR29113
I
Based on the above considerations, it appears that the state law does not preclude Brooklyn Center
from creating a"domestic partner" fee category for the use of its swimming pool. As long as this
category is distinct from the "family membership" definition, it would not ovemde Minnesota law
as it relates to legally recognized marital unit.
MPT-249170v1
BR291-4
Michael�McCauley Work Agenda: Council Member Niesen on commissions v Page,1
r
From: Michael McCauley
Start: 6/9/04
Due: 6/9/04
Priority: C 1
Subject: Work Agenda: Council Member Niesen on commissions
1 was contacted by someone who received an application for the Financial Commission "out of the blue."
This gentleman used to be a member long ago. I want to ensure that no City staff solicits vo{unteers for
Commissions, which would obviously have the effect of injecting bias to the membership.
I support the methods Sharon outlined, used to solicit volunteers for Commissions. I do not support the
practice of offering Commission spots to people who did not directly apply for them.
I would like to have a discussion concerning:
whether the Mayor meets with volunteers prior to making appointment decisions
changing the process ofi ofifering spots on Commissions to those who have not applied directly to that
Commission.
It would not be ideal to have potential volunteers feel pressure to accept another Commission position
because there is a need, and/or only half-heartedly belong to a Commission. This coufd result in
non-attendance, non-interest, non-study of issues by the full Commission count and so result in fewer
voices having a larger impact in recommendations.
PM Magazine Page 1 of 4
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May 2004 Voiume 86 Numher 4
�t E
Current Issue
About PM w�C�C$f"10�'!
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Subscribe Si Reasons Why It`s Best to Work Through the
Aa�ert�se Manager
Editorial Guidelines I'm a lucky city manager. I work for an excellent city council. Councilmembers
Editoriai Ca�endar take pride in promoting a tradition of community civility. They do their
homework, serve for the right reasons, and have a sense of humor. They are
Professional Services Directory supportive of staff, and they trust me. I can talk to them about almost
PM Index anything. In such a healthy council-staff environment, councilmembers get to
Issues Archive know and trust many staffers, and a smart manager wouldn't want to lose the
feeling of a friendly, open organizatbn.
So why is it necessary sometimes to remind our active and sincere
councilmembers to work through my office or through department heads when
seeking information or expressing interests and concerns? And why do I feel so
awkward when I do?
Maybe it's because, no matter how diplomatically I express a desire that is
consistent with our formal council policies and procedures, it can come across
as a trust-and-control issue. And since the councilmembers trust the staff, why
shouldn't staff trust councilmembers?
After all, their motivation is typically to avoid bothering me (or department
heads) with the small stuff. What's there to hide? I guess this is where I am
supposed to exclaim, "But it's not about trust and control!" In truth, however,
it is, and here is why.
Trust and Control
The jewel in a healthy local government environment is trust. With trust, we
spend our time working together to solve probiems and to get good things
done for the community. Without trust, problems muttiply, and the time spent
solving them prevents work on more constructive items.
Preserving trust in any relationship, personal or professional, requires that we
exercise a prudent amount of control in how we communicate. The council-staff
relationship is no exception. In fact, given the unique pressures and constraints
imposed on this relationship, the two groups probably need even more
structured guidance than most.
A Lot of Rules, but Why Do We Need Them?
Fortunately, neariy all local governments have some formal rules in place, and
virtually a{I such ru{es advise councilmembers to work through city and county
managers and department heads on most organizational matters. Even with all
the rules, however, something significant is missing.
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PM Magazine Page 2 of 4
Based on my research (admittedly not comprehensive, but I did check with
ICMA, the League of California Cities, various trainers, and California city
managers via an e-mail inquiry), there seems to be no prepared explanation
for why such rules are important and how they preserve trust and benefit
everyone involved in the relationship. In the absence of such context, the rules
come across as, well, cold rules—a list of dos and don'ts designed to keep
everyone in line.
This "context void" seems to be widely perceived by managers, and many of
them have asked me to send them anything that I might find on the subject.
Because I was unable to find anything already written, however, I have been
forced to do a little more work. With the aid of some helpful managers, then,
here are a half-dozen reasons why everyone's best interests are served when
councilmembers work through the manager and/or department heads to gather
information or address concerns.
Reason 1. Because city managers cannot be on top of things if they
don't know what the things are. Councilmembers correctly expect
managers to be on top of things. But if councilmembers bypass the manager to
make requests of staff or to express concems to staff, then the manager
cannot possibly be sufficiently aware of their interests or concerns. Even the
world's greatest local government manager cannot assure a timely response to
a councilmember's inquiry if the manager is not aware of the request in the
first place. Sure, staff inembers can inform the manager of the request, but
this roundabout way of communication raises the chances of
miscommunication.
Reason 2. Because bypassing the manager can give the impression
that there is a problem in the council-manager relationship, and this
perception can undermine both the manager's credibility within the
organization and the respect that the staff feels for the
councilmember. If a councilmember (or members) consistently goes directly
to other staff members with issues, these harmful perceptions may evolve: 1)
the councilmember does not like to work with the manager; 2) the
councilmember does not trust the information provided by the manager; 3) the
manager is ducking his or her responsibility and just "passing the buck"; 4) the
councilmember does not play by the rules and seeks speciat treatment; and/or
5) it must be okay for staff to go around the manager because councilmembers
do it. Such impressions will weaken a manager's credibility and authority in the
organization or reflect poorly on the councilmember, or both.
Reason 3. Because it is not possible for managers to treat all
councilmembers equally if the manager is unaware of the treatment
that one councilmember is getting. Managers are in the highly unusual
position of having many, equal bosses, and the expectation of equal treatment
by each of those bosses is not only extremely high but also entirely
appropriate.
Equal treatment includes providing councilmembers with the same information,
the same levels of support, and the same accessibility to the staff in general.
Thus, when an elected councillor goes through the manager in making a
request, the manager can judge if the desired information should be shared
with all councilmembers.
The manager can also judge whether a request for staff work is consistent with
council policy or if the full council should direct such work. If requests are only
inconsistently made through the manager, then the likelihood of inequities
cropping up over time is high. This leads us to Reason 4.
http://wwwl .icma.org/pm/8604/public/Workshop.cfm 06/09/2004
s PM Magazine Page 3 of 4
Reason 4. Because councilmembers are often perceived as having
'�awesome power" and, therefore, direct requests can lead to
surprising and negative unintended consequences. Councilmembers may
contact staff people in a department to make what they perceive to be "simple
reque5ts for information," only to find these requests later perceived as orders
to do something never intended by the councilmembers.
This is especially possible when direct contacts are made with staff below the
department-head level. Councilmembers are typically surprised by such
overreactions and by the com lications and rumors that can result because
P
they know they don't have that much power). But to the staff inember who
seldom has contact with the higher-ups, the mayor and councilmembers are as
"high up" as they come.
Reason 5. Because direct councilmember contact with staff inembers
below the department-head level boosts the likelihood of getting
erroneous or incomplete information. The further a councilmember reaches
beyond the manager or department head, the more Iikely he or she will
communicate with someone who has significantly less familiarity with the
legislative process, the deeper context of various local government issues, the
cross-departmental stakeholders who should be consulted, and the local rules
for staff-council communication.
Combine these differences with the "awesome power" phenomenon, and the
margin for a mistake in responding to the councilmember climbs substantially.
On the other hand, a manager can provide one-stop service, saving time while
producing better, more complete information.
Reason 6. Because such direct councilmember contact also can
inadvertently cause awkward, embarrassing situations—or worse—for
the staff inembers invofved. After a Reason 5 scenario has occurred, a staff
member who later leams that he provided incorrect or incomplete information
feels embarrassed. In fact, a staff inember who learns that she violated some
staff-council communication rule is not only embarrassed but also worried that
she might be perceived as acting pofitically and undermining her bosses.
A staff inember who incorrectly completes excessive work at the direction of an
individual councilmember may perceive him- or herself to be "in trouble,"
especially if they have failed to notify their bosses or faifed to complete other
assigned work as a result.
An Ugly Truth, But Not for Most
There is one unfortunate truth that needs to be recognized: not everyone is
sincere or competent in council-manager relationships. There are
councilmembers who deliberately try to undermine the system, and there are
managers who are not responsive to councilmember inquiries. For such people,
this article will not help, and any solution probably needs to be found through a
closed-session discussion but not through short-cutting the system.
Fortunately, most elected officials and managers want the system and the
relationships to work in the best possible way. To achieve this end, is it
necessary for every little thing to go through the manager? No. What is
required, however, is an understanding between the council and the manager
as to what differentiates a little thing from a bigger thing. This can only be
achieved if the elected officials and manager are regularly talking and if there
is a true commitment by all to play by the rules.
Such rules are worthy of commitment, and we can help uphold an excelfent
http:((wwwl .icma.org/pm18604lpublic/Workshop.cfm 06/09/2004
PM Magazine Page 4 of 4
system while still preserving city hall as an open, friendly, helpful ptace.
Ken Hampian, City Manager, San Luis Obispo, California
{khamvian(alslocitv.orq}.
Privacv Poli�
OO 2004 International City/County Management Association. Please notifv us if you
experience any problems.
http:!/wwwl .icma.org/pm/8604/public/Workshop.cfm Ob/0912004
City of Brooklyn Center
A Nlillennium Community
MEMORANDUM
DATE: May 27, 2004
TO: Michael J. McCauley, City Mana�er
FROM: Jim Glasoe, Director of Cominunity Activities, Recreation and Seivices
SUBJECT: Parks and Recreation Comnussion Recoimnendation
In April of this year, I received infoi711ation fi-oil� the Tobacco-Free Youth Recreation Pro�
regarding their efforts to l�ave communities adopt tobacco free policies for their parks. I
presented t11is �information to the Park and Recreation Com�nission, and subseqtlently solicited
additional ii�formation at their request. Copies of this informatioil are attached for your
reference.
The TFYR materials support their belief that the most important aspect of a recreation-based
tobacco prevention strategy is the adoption of a tobacco-free policy. The inaterials also contain
rationale for enacting a tobacco free policy, suppoi data, model polici�es, suggested
implementation plans and a summary of communities that have enacted tobacco free ordinai7ces
andlor policies.
To date, 11 conununities in the state have completely barllled tobacco use in parks by ordinance.
In addition, 36 more have posted tobacco free zones during youth activities. In the conullunities
that have adopted policies, the primaiy enforcement tool has been sigilage. The Tobacco Free
Youth Recreation Program provides free signs for all facilities covered under the policy.
At the May Park and Recreation Commission meeting, the Commission unanimously passed a
resolution recommending the City Council consider eilacting a policy that desigizates selected
parlc properties as "tobacco free zones" dLiring o1 youth activities.
I�7 discussing the issue, the Commission was not comfortable in adding a total "no slnolcing in
parks" ainendment to the current Ordinance. However, they were u�7animous in their
recommendation of the "tobacco free zones" during organized youth activities.
As always, p�lease let me know if you liave any questions regarding the recommendatioil or would
like additional infornlation.
6301 Shingle Creek Parkway Recre¢tion 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
r a
y t i t t r.
I I 1
What is Tob�cco-Free Youth Recreation?
The Tobacco-Free Youth Recreation Iuitiative is designed to as-
sist recreational groups in their efforts to model and promote
healthy tobacco-free lifestyles foryoung people who are involved
in their pro�rams. After-school spoits and activities piay a major
role in most 1<ids' lives today. TFYR is talcina advantage of this
uniqae opportunity to promote tobacco-free lifestyles to youth
throughaut Minnesota. "CFYR is hetpine tl�ese �roups provide
safe environments for youth to play in, while at the same time
givii�g them the tools and resources Chey need to promote healthy
lifestyles throu�h their existinb programs.
Why focus on recreation
as a prevention tool? TFYR partners with SmokeFree Soccer
Reach the large number ofyouth involved in recreational to create Initiative guide
activities with the tobacco-free n�essa�e.
Youth involved in recreation are j��st as lil<ely to use Tobaeco-Free Youth Recreation has partnered ���ith the Mii�ne-
tob�cco as }'outh ���Il� are not im�o(ved. sota Department of Health's Smol:eFree Soecer prog,ram to
create Creating Heul[hy Com�nu-
Recreation provides unique opportuniCies where leaders rxities: Usin Recreation as a :!�`t t��t�`i ��I�..
can iniluence yotiith behavior.
Tonl fnr Tnbacco Prevenlio��, a `s�;��;
Athletes, coaches, �nd parents a� important role models g
guide to help tobacco control
for their teams and comtnunities.
advocates and other community
The public einbraces recreation, makin� it a vei�ue for �eaders reach out to recreation
chan�in� com«�uniry norms regarding tobaceo use. 4
orb�nizatioi�s in their coi�unui�iry
to work on the Tobacco-Free
Sports Recreation�Initiative: �:�����t�
The initialive guide provides
tools and resources to help
facilitate E�artnerships ���ith
recreatioi� �rol��s to in�plement a recreatioi�-based tobacco
prevention strategy throu�h their recreation activities.
TFYR's Resources
T�l@ ftVe COC11�70C1et1tS Of d f'ECCedt1011- Playi��g Tobacco F�•ee: Making Your Co»�tmuniry's Outdoor
based tobaeco prevention strategy Rec�-ea�ior�nl Facili�ies Tobacco Free
1. Establish a tobacco-free environment by prohibiting all Recreational Leader 's Uuide for P�°onaoting tl�e Tobacco-
forms of tobacco use. F��ee Messcagc
2. Coinmunicate the tobacco-fiee policy to create a non-use Cr�eatingHealtb» Coi��rnut�ities: UsingRecreatio�v as a
standard. Tool fnr Tohacc<� Pi•eveniion
3. Promote the tobacco-free messa�e to participants ai�d Tobacco-free metal si�ns for communities
leaders. Tobacco-Free Model Policies
4. Ask adults to serve as tobacco-free role models. Tobacco-free sports posters, pledges, and banners
5. Ask you��g people to seive as role inodels to their peers.
Cities across Minnesota make
outdoor recreational facilities tobacco free
�Minnesota communities are adopting tobacco-free policies for
their youtl� atl�(etic facilities and playgrounds. A tobaccafi
policy sends a clear message that the comnnmity cares abouL the
health ofthe children and adults participating in youth sports
activities at tl�eir facilities. The policies affi�n� tl�at tobacco use
and seco�ldl�and smoke are detrimental to health. By refraining
froi�� tobacco use d�u youth activities, adul2 role ���odels have
a positive effect oi� the lifestyle choices youn� people mal:e. YOU�h HOCkey Playet'S AGt'OSS the S�B�e
Pledge to Be Tobacco Free
Hocl:ev teams from everv corner of the state have been learn-
ing about the benefits of living a to-
Cities who have tobacc�-free policies for bacco-fi�ee lifes��le, thanl:s to TFYR's
OUtt�00t' t'eCt'e8t1011a� SettlflgS partnei•sllipwithMinnesotaHocicey,the
Bloomington, MN Richfield, MN s�ate'syoutl� l�ocl:ey organization. This
has been part of Minnesota Hocicey's
Brainerd, MN Rochester, MN effort to sho�v that tobacco use is not
BaYter, MN Roseville, MN ,,.u-�`;,,��,�.
Cohasset, MN St. Cloud, MN part of the game of hockey. Teams
received Minnesota Wild "Otu 2
Eden Prairie, MN Sartell MN n r
Owatonna,lVfN Virginia, MN diction is the Game" posters, a To- �.n,
baeco-Free Team Pled;e, and a "Tips s: x:
for Coaches" sheet tha[ provides ideas
for how coaches can tall< to their
players about the dangers of tobacco ��/i:��,esora 1���[d "ou���
Why are tobacco-free policies effective? o„�,� ��d,��,�on ;s <<�e
use. Teanis that�siQned tobacco-free Ganze° pos����
Policies i to youth the messa�e that tobacco pledges had a chaE�ce to win Minnesota
�ise is unhealthy and unnecessaiy behavior. Wild gear.
Policies ensure that }�articipai�ts and s�ectators
are no� ex��osed lo secondhand smol:e.
Policies create an environment where leaders can A feW Of OUt' �78t�t1e1'5
model and promote healthy lifestyle choices. St Cloud Par1: Recreation
Tobacco-firee �olicies establisl� the community norn� Ual:ota County Public
that tobacco use is i�ot an acce�table behavior. Richfield Parl: Recreation
Manl<atoAthleticAssociation
Mower County Public Health
Minneapolis American Indian Center
TFYR assists local health departments GreaterMinneaE�olisGirlScoutCouncil
"(�FYIZ helps local health departments partnerwith recreational Minnesota YMCA's and Boys Girls Clubs
orgai�izations in their cominunites to worl: on youth tob�cco Crow Wing Count}� Pttblic Health
pre��ention. Nfany health departments across the state are Roseville Parlc lZecreaCion
capitalizing on the benefits of involvingt(�ese i���por[ant Minnesota Wild professional hocl:ey teap�
community leaders in their preve��tion efforts. TFYR has Univei•siry ofMii�nesota Golden Gophers Athletics
deveioped an initiative �tide, Creatir�gHealtl�y Co���mznzities,
that outlines how local health professionals can work with
recreaiional or,anizations to reduce youth tobacco use.
TFYR provides local health departmenCs witl� �osters, signs,
and educatioual ir�aterials that they cail distribute to recre- Association for Nonsmoker•s--MN
ational geoups foi use in their tobacco use prevention efforts. r�°~`"''�� 2395 University Ave. West, Suite 310
y
St Paul, MN �5114-1�12
(6�1) 646-300�; tf,yr@ansrmn.org
r�
i;
i
—;r.....
Publicizing Your Tobacco-Free Policy
Tobacco-Free Youth Recreation (TFYR) recommends that you communicate your new tobacco-free
olic to our communi A well- ubliciz d li inf
p Y Y ty p e po cy orms recreational facility users about the
reasons why the policy has been adopted and helps reduce policy violations.
The most important way to pubiicize your tobacco-free policy is by posting signs.
If you have not done so already, contact TFYR to order metal tobacco-free signs. The following
locations are suggested places for posting your tobacco-free signs: fencing around playgrounds
and fields, backstops, picnic shelters, restrooms, concession stands, parking lot entrances, beach
entrances, lifeguard stands, hiking trail entrances, and skating rink warming houses.
In addition to posting signs, park and recreation directors have used a variety of ineans to educate
citizens of their communities about their tobacco-free po�icies:
Staff notification of the new policy and setting procedures for how they should handle any
violations that arise.
Cards explaining the policy distributed by park staff inembers to park users. sa��rp�� �a,-�ts, p.
Stories in the local newspaper or in a regional newspaper, as the result of a news release or
I'2p01t21"S� COVeI"clge Of Cfty COUf1Cl� 111eet111�S. Draft news release, p.3.
Park and recreation department and city newsletters.
Recreation program brochures, catalogs, and announcements. sa,��p�� p,-o�,-�„� bY��i,��,-�5 f,-�»� E�,�a��
Par/c ce Recreatio�a aric! 2ichfield Recreation Services, pp.4-6.
Rulebooks or policy statements that are distributed to sports league administrators, coaches,
OfflCid�S� pdf811tS� afld paI�ICIpa11�S. Sa�riple nofification lezter, pJ; Sai��ple tearn schecfaile, p.8.
Other fact sheets or educational articles about tobacco and secondhand smoke distributed at
COdCheS� Ill2etlllgS, 111 fTIdI�If1gS, OI" thl"OUgh IleW5�Ctt21"S. Sni�rple ui pp.9-ll.
Postings on the park and recreation department`s or city's web site.
Public service announcements on local radio stations or public access cable channels. sa�,zpr�
aiznoui�ceinent, p,12.
Kick-off celebration or community event with tobacco-free pledges, activities, etc. Potential
ddte5 f01' thlS eV2tlt: April 3—Kick Butts Day; May 31—World No Tobacco Day; Thursday prior to
Thanksgiving—Great American Smoke Out. Sa�nple pled,�es, p.13; San�ple com,r��snir�� eve�us, p. i4.
Contact TFYR at (651) 646-3005, your local tobacco-free coalition, or your local public heaith
agency to assist you in publicizing your tobacco-free policy!
Please note: conaputer graphic files a�•e anailable fi�om TFYR fo�� the toGacco-fi�ee sign i�nage
1
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�iitlrl tii. t{€r} t l.akrs ltochcsicr
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Sample Public Service Announcement
"As part of our effort to promote healthy lifestyles in our community, the [City
name] Recreation Department would like to announce that all city park and recreational
facilities are now tobacco free! Chewing tobacco and smoking are not only deadly, but
they also decrease lung power and weaken muscles, which leads to poor athletic
performance. So stay in top physical condition by enjoying our tobacco-free parks, and
make the choice to be tobacco free!"
12
Beginning June 1, 2002, the St. Cloud RecreQtion Beginning June 1, 2002, the St. Cloud RecreQtion
Depnrtment with approval from the Department with approval from the
St. Cloud City Council began a tobacco free St. Cloud City Council began a tobacco free
campaign during youth activities. campaign during youth activities.
This means that we ask you to refrain from the This means fihat we ask you to refrain from the
use of any tobacco products during any youth use of any tobacco products during any youth
activifiy in any city owned/operated facility. activity in any city owned/operated facility.
If you would like any further information on this If you would like any further information on this i
policy, please contact the Recreation policy, please contact the Recreation
Department at 320-255-7256 or320-255-7257. Department at 320-255-7256 or320-255-7257.
Thank vou for your cooperation. Thunk you for your cooperation.
Beginning June l, 2002, the St. Cloud Recreation Beginning June 1, 2002, the St. Cloud Recreation
Departmenfi with approval from the Department with approval from the
St. Cloud City Council began a tobacco free St, Cloud City Council began a tobacco free
campaign during youth activities. campaign during youth activities.
This means that we ask you to refrQin from the This means that we ask you to refrain from the
use of any tobcacco products during any youth use of any tobacco products during any youth
activity in any city owned/opernted facility. activity in any city owned/operated facility.
If you would like any further information on this If yau would like any further information on this
policy, please contact the RecreQtion policy, please contact the Recreation
Department at 320-255-7256 or320-255-7257. Department at 320-255-7256 or320-255-7257.
Thank vou for vour cooperation. Thnnk you for your cooperation.
N
For Immediate Release [Date]
Contact: [Name]
[Agency]
[Phone number/email]
[Cit�� Name] PROTECTS YOUNG PEOPL�'S HEALTH
BY MAKING PARKS TOBACCO FREE
On [Date], the [City na�ne] City Cou��cil vc�ted in favor of the health of the children of [City name] by
making [list parks and facilities here} tobacco free. Effective [date}, no person will be allowed to use
any foi7il of tobacco tulder this new policy. The [City nanle) Park Board and [other supportive groups
or coalitions] support this policy and brol�ght it to the City Cou11ci1 for final ap�roval.
[City naine] Ciry Cotiinci] members adopted this policy because they believe that tobacco Lise in park
areas is detrimental to tl�e l�ealth of everyone using tl�e park syste�n and can be offensive to those using
recreational facilities. They also feel the tobace�-free policy provides the o�portunity to change
conunuility norms arotuld tobacco use and will help to reduce youth tobacco use.
"Our goal is to demonstrate to youth that tobacco use is ilot a part of a healthy lifestyle, and we believe
that this policy can play a part in redueing youth tobacco use in our coinmunity, which will eventually
save lives," said [park board inember or city council member], [City name] City Council member.
of ninth graders in [County name] Coui�ty use at least one fornl of tol�acco. By adopting this
policy, tl�e City of [City name) is helping reduce the rate of tobacco use in our commui�ity and is
demonst�ating their belief that tobacco ase and secondhand smolce just don't l�elong in park areas
where people go to improve their fitness and enjoy nature," said [citizei�/coalition menlber], [name of
affiliated ��oup].
Council member [name] supports the tobacco-fiee. policy because it now complei7�ents the [school
district name] school district tobacco-free grotmds policy. "The city policy will create a consistent
tobacco-free policy aivong all the recreational facilities �n otiir cominunity, which eliminates
conf�lsion."
The [name of coalition or group] assisted the City of [City name] in the policy developnzeilt process
and will be working with city officials to communicate the new tobacco policy, inclLiding posting
signage and distributing materials describing the policy and other tobacco prevention resources to all
yotiitl� leaders, coaches, and parents. Ei�forcement of the policy will come via �l�e signs and community
awareness ineasures.
The Tobacco-Free Yotith Recreation (TFYR) prograin, a statewide tobacco prevention prograin, is
providing [City name] with metal tobacco-free si�ls free of eharge. "We are pleased to add [City
name] to the growing list of Minnesota cities with tobacco-free park policies," said Brittany Meyer,
Directoi of TFYR. Cun�ently, [insert number] cities in Minnesota prohibit tobacco ilse in tlleir park
areas.
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Sample Policy Notification Letter
[Date]
Dear [Sports�Association Name]:
Every day over 3,000 youn� America�ls decide to start smolcing. Coilsequently, over one-third of
high school st�idents a�1d over 2% of middle scl�ool stude��ts in Mii�nesota are current smokers.
The decision to reinaii� tobacco fi•ee may seem obvious, but it is often a very difficult choice for
maL�y of the youth i��volved with yo�ir programs. However, the City of [City name) is attei��pting to
help mal<e this decision easier by implementing a tobacco-fi policy for [list parl:s and facifities
here].
The City of [City name] adopted this tobacco-free policy beca��se we believe that tobacco use in
parl< areas is detrimental to the healtih of everyone usii�g the �ark system. We also believe that
ci°eating a tobacco-fi�ee reci°eational e��vironment �vill l�elp chan�e our con�munity's norms about
tobacco use. Finally, the City of [City name] also feels that parents, leaders, and off7cials are role
models for youth ai�d can have a positive effect� on the lifestyle choices they mal:e by bei��g tobacco-
free role models for thei��.
Enclosed is a copy the Ciry's ne��� tobacco-fi policy for our parl: areas. Please distrib�ite it to
n�embers ofyour organization. Ifyo�i'd lil:e additioi�al tobacco prevention i��formation and
il�aterials, please contact tl�e Tobacco-Free Youth Recreation program at tfi�r��.anst�mn.or� or (6� 1)
646-3005. lf you have any questions abo�it the new policy, please contact me at [pl�one
number/email].
Sincerely,
[Name]
Reci Coordinator
[City name] Pa� iZecreation Department
7
r
Dea�- Parent:
We want you to lalow that
our ol-ganization is pledging
to be tobacco free. During
the season, our coaches will
be talking to your childrell
about the health benefits of
staying tobacco fi�ee and the
harmfiil effects of
secondhand smoke. The
coaches will also be
teaching thein about the
importance� of avoiding all
tobacco products, now and
in the future. I
As part of this effort, we
ask that all spectators
refrain frotn using tobacco
products during our events.
Thank you for your support.
We l001< foi�ward to seeing
you at our events!
"Smoking Deflates Teens' Sports Performance"
by Ch�•isti»n Pick
Tobacco-F�°ee I'ozrtiv Rec�°ealion
Jennife��, a higl� school }unior, flops do���n on the bench ne�t to her teammates, exhausted. Her
chest is b�irning and her lun�s are fi �aspin; for air. Jen�lifer is a dedicated volleyball
playe�°, so it's not the worl:out that has left her so exhausted. Jennifer is experiencing firsthand
The effects of smoking. S���okers, lil<e Jennifer, lose their breath three times as fast as
nonsi��okers. S�nolciilg hurts yo��ng people's physical ftness ii� tei7ns of boti� perforinance and
endurance. It reduces the a���ount of o�y�en available to tl�e body, l�ampering an athlete's enei°gy
stores and impairin� theic sports performance.
Ci�arette si��oke contai»s carbon monoxide (the san�e lethal gas that is released by motor vehicle
exhaust). When inhaled, the carbon monoxide fo�tind in ci�arette smoke is absorbed rapidly into
the bloodstream. As the level of carbon monoxide in the blood increases, the leve( of oxygen
decreases, leaving less oxygen available for the body to use. These high leve(s of carbon
�I�onoxide not only cause shortness of beeath, but also have a si�»ifcant effect oi� the heact a��d
othei muscle cells that demand high amoui�ts of oxy�ei�. High blood levels of carbon n�onoxide
caused by sn�olcing impair pllysical fitness in other ���ays as well: distorted time perceptioi�, and
impaired ps}�chomotor, visual, a��d cognitive sl:ills. �If a youi�g athlete ca�lnot think, see, or inalce
good decisions, I�e or she will certainly l�ave a more difficult time participatin� in sports and
recreational activities.
Smol<ing amonb youn� people can also hamper their rate of lung growth ai�d the level of
maximum lung fw�etion. ln fact, smol<ing is responsible for coughing and ai� inerease in the
frequency and severity of cespiratocy illnesses a young perso�l i��ay experience. Smokiilg ca��
also cause chronic swelling of mucous n�embranes, which causes teen si��okers to co�igh up twice
as much phlegn� as nonsmolcing teens.
All of these smoking-related syinpto�r�s cause you��g athletes to feel sick n�uch more oftei� than
their tobacco-fi teammates, making it difficult for s�r�ol<ers to compete at everyone else's level
of physical fitness. Coacl�es and parents, talk to yo�ir young athletes a�out the effects of tobacco
use on physieal perfonnance and help them ren�ain healthy for years to come.
9
1'
`�Do as I Say, AND as I Do:
Coaching Tobacco Free"
bv Cl�r�istir�a Pick
Tobacco-F�°ee �'oz.ith Recrcatiof�
Athletes ar aften seen loolcing to the sidelines for directions fi their coaches during games.
The coach �uides thein throubh the hi�h-pressure situations of the game with encouragen�ent ai�d
instl•uctioi�. Ath}etes, Ilowever, ilot only lool: to their coaclzes for direction on the fie(d, but off
the field as welL
Coaches and recreational leaders are ii��portant role models for youn� athletes. Since recreation
provides a settine for young athletes to bond to���ether as a broup, youth �feel eom�elled to follow
the standai�ds set forth by theii leadei�s. The�� have a powerf��l influei�ce on youth, and can
positively use this to promote healthy lifestyles to their team. One such healthy behavior is
i fron� tobaceo use. By supporting young people's decision to be tobacco free and
n��odeling a tobacco-free lifestyle, recreational leaders also help yo�ith ehoose to remain tobacco
fi
Many tiilles tiv tl�e words, actions, and example t1�ey set, coacl�es influence the way their
players think abo��t the choices they will i��ake i�� ]ife. To help their athletes perform tlleir best,
coaches� oftei� talk to them about the importance of good sports�llanship, nutrition, aild refraining
fi-om aleohol use. They should also dise�iss the negative pl�ysical effects of tobacco use and the
importance of bein� tobacco fi
Coaches must en�phasize to athletes tl�at tobacco use hinders physieal fiti�ess in both
performance and endurai�ce. Tobacco use fowers the level of luna function .and reduces �he
amo�mt of oxygen avai(able to the il�uscles used d�iring recreational activities. Also, athletes
who use tobacco will suffer fi�om shortness of breath almost three times as oftei� as teens that
don't si��oke.
By talking to athletes about living a tobacco-free lifestyle, coaches show that they care about the
I�ealth of vounQ peopie and want the��� to choose healthy lifestyles. Coaci�es m�ist i�ot only
communicate with their athletes about refi from tobacco use, b�it must live tobacco-free
lifestyles themselves. By being tobacco fi coaches and leaders i��odel positive, healthy
lifestyle choices.
10
i
'�Smokeless Doesn't Mean Harmless"
by Cl�a�istirla Pic1i
Tobacco-Pree Youth Recreation
Tl�e crack of tlle vat, the roar of the crowd, the overwhelmiilg aroma of hotdogs fills the air...ah,
l�aseball. Unforitimately, baseball l�as developed a far worse association—spit tobacco. Many
people see spit tobacco as a nonnal, routine part of baseball. This needs to change—fasti
Recent sllrveys of ivajor and ininor league baseball players show that 30-40°l0 of players ttse spit
tobacco. Baseball players are role models for cllildren, and they send powerfiil messages to
young people. By using spit tobacco, athletes are sending t17e wroilg message. They are telling
yotulg people that this is an acceptable behavior.
The rea]ity is spit tobacco is not ai7y safer than cigarettes. In� fact, spit tobacco users coi7sume on
average nlore than 10 times the amount of nitrosiillines—one of the substances in tobacco
believed to cause caneer—than cigarette smokers. Furthermore, it takes only a few months of
regular use to develop molith problems like ]eukoplakia, ugly white patches or sores tl�at cau hu
into eancer. The truth is that 87% of oral cancer cases are directly linked to spit tobaeco. Users
also risk l�ealth problems stilch as high blood pressure, guin recession, tooth decay and decreased
sense of taste and sz1�e11.
Youtl� who participate in recreational activities are at higher risk to start Llsing spit tobacco. In
addition to baseball players, yoltilg people who participate in hockey, wrestling, htmting, rodeo
events, and many other youth activities use spit tobacco. The tobacco indLtstry is targetii�g these
sports and recl-eatioi�al activities with ads and promotioilal items because tl�ey ki�ow that athletes
have a strong infllience on childrei�.
"I7�e National Spit Tobacco LdLication Progra�z� (NSTEP) was established to break the snong link
between recreation and smokeless tobacco. Througl� NSTEP's parniership with Major League
Basel�all, they have been able to help more and more coaches, players, and parents leanl about
the devastating effects of spit tobacco by showin� that smokeless tobacco is not a substinite for
smoking. To find out more information about the dangers of smokeless tobacco ai�d NSTEP's
available resources, visit�their website at <www.nstep.org>.
11
I
i-
Example Team Player Pledges
4:-
Toba�ccca-Fr�:e lP'la �r's �'l�d e
I, as a mem�er of
kn�w t1�at toba�co use harm� m healt#� hinders
Y
my physica! performanc� and is dan�ero�s to
those around me. I plecf�e to be tobac�o firee
because i care about �y health and the
he�lth of those �round me.
j.Y.r:i�:�� x..�:t��i�
F
+co ree �'e�n�m Ple€1 e
�r
I We, th� members of
knowing that tobacco use harms o�.�r healtt�, hinders our
ph�sical performance and is dangerc�us to oth�rs, pledge
`to be tobacco free because we care about flur health
i
and the health :of th.ose around us.
I
;:,t
I V `'''Y
I
I
Recreur(ona! orga�v�c�tions cun he/p prerem>>o7�th tobacro irse by nsking indrvidna/ players and �eu��7s [o sign toGncco-fi�ee pledges.
13
��am�les c�f Cor�r �ver�t�
Attending or hosting your own community events is a great way to promote healthy lifestyles to young
people and the entire community. Tobacco-Free Youth Recreation (TFYR) has compiled ideas for
local activities to help raise awareness around the harmful effects of tobacco in your loca4 community.
Each idea can be combined with an existing event to enhance it, or it can stand alone as its own
event. Remember to be creative and involve your focal youth in planning your event. TFYR has
banners, posters, tobacco-free pledges, signage and other resources that can help add to your event.
If you would like any additional help planning your event, contact TFYR at (651) 646-3005.
Tc�bacca-Free School Asser�bly
Conduct sports-related anti-tobacco assemblies with local elementary, junior high and high schools to
raise awareness about the danger of tobacco use and the benefits of living a tobacco-free lifestyle.
Ask young athletes to talk to their peers about why they don't use tobacco or invite high profile
athletes to discuss how remaining tobacco free has helped them reach their athietic goals.
Striking Out Tobacco
Work with a local junior high or high school to host a student/faculty softball game (or other sporting
event) where the theme of the event will feature a tobacco prevention message. Work with local
youth to develop the slogan that will be used for the event or use an existing sports-related anti-
tobacco slogan. Feature the slogan on banners or t-shirts, or think of other ways to promote the
tobacco-free message at the event.
Tabacco-Free Ulympics
Work with local recreational organizations and school districts to recruit young people to participate in
your own local youth Olympio-style event. Youth can compete in various activities including relay
races, the 100-yard dash, and a punt, pass and kick competition. You can work with the local media
to promote the event and raise awareness around the harmful effects of tobacco. During the event
you can promote the tobacco-free message to those in attendance and ask participants to sign
pledges to remain tobacco-free.
Kids Kicking Their Way to a Healthy Lifestyle
Have kids get their parenYs permission to look for old magazines in their home and remove tobacco
ads found in the magazines. Ask them to bring the ads to school to construct a murai that would fit
the dimensions of a soccer goal (22' by 8'). Invite peer and high-profile soccer players to the event to
remind the children that to be a champion on the field, you must remain tobacco free. The day of the
event, ask the young soccer to fans kick the soccer balls through the mural, destroying the ads and
freeing the goal for play. This is a great way to illustrate to kids how they are targeted by the tobacco
industry.
Tobacco-F€�ee Tailgating Event
Holding a tailgating event at a local park is a great way to recognize organizations that have worked to
make the youth recreational facilities in the community tobacco-free. Invite the local media and
present the local park and recreation department with a certificate for their great work.
Adapted from Worid No Tobacco Day's Turnkey Idea Kit and the U.S. Department of Heafth and Human Service's Krds
Kicking Thei� Way to Hea/th.
14
Y
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t� t
1 E i ���t��f '"€f� �5W'� �5`+�
9i� ��Yt
ar s. ..aE..�i�+SL`"��'�k3i�C�=",fiKi.r�'iCU�:'eq5�'�[,^�a.ar:;_T±�.3i'71�t?'r�.F'�'re,'Y,,S'.rz��r:r.:�x�7`;��,..i�.''�ti"`+.l.�x,s£€.�.�:..�t��tt..r,�.�s.�.�'.�.'��.ca'�f':NS;;'t�5'�e�'si:�.'�7'+c�S4;9's'tl�.'�iNP1.�S:��,1[ll;�S
k S
k
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v
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r
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I
Statewide ro ra m of the M i n nesota You
p 9 t
Tobacco Prevention Initiative
Bui d artnershi s betw
p p een oca recreat�ona
orga n izations a nd hea th rofessiona s to
p
work on tobacco rev
p ention
0
fi� Give assistance to groups in their effort to
create tobacco-free envi ron ments to mode
and romote hea t� ifest
p y y es
l�
�4�
5
r �ta�
t f 7,�„� �a� r -,p�
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ae °it��' iR ��d� �3i�. ��3��� �if;�� ���l�f
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r J s Pr� L4 r� �s1�` �t�;'?!5� s �i� hKF r
�c'�'� n. 3�Y
�T�"?� �ati�
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a``� t 1 i
ES�. I 1 1.?
The National Alliance for Youth
Sports and the Nat�onaf
c� Youth Sports Safety Foundation state that parents must
demand a tobacco dru and alcohol-free environ
9 ment.
�4` 1
'3 a'f The National Youth S orts Coaches Association
p �ode of
Ethics states that each coach shou d rovide a s orts
F p p
�FF���a environment that is free of tobacco, drugs, and alcohol.
w:
Littl e Lea g u e
3 f
�'i
i
The Minnesota Youth Soccer Association prohibits the
°`A use of tobacco during sanctioned events and activities
�;i
P t y 5
,„j
��am�les c�f Cor�r �ver�t�
Attending or hosting your own community events is a great way to promote healthy lifestyles to young
people and the entire community. Tobacco-Free Youth Recreation (TFYR) has compiled ideas for
local activities to help raise awareness around the harmful effects of tobacco in your loca4 community.
Each idea can be combined with an existing event to enhance it, or it can stand alone as its own
event. Remember to be creative and involve your focal youth in planning your event. TFYR has
banners, posters, tobacco-free pledges, signage and other resources that can help add to your event.
If you would like any additional help planning your event, contact TFYR at (651) 646-3005.
Tc�bacca-Free School Asser�bly
Conduct sports-related anti-tobacco assemblies with local elementary, junior high and high schools to
raise awareness about the danger of tobacco use and the benefits of living a tobacco-free lifestyle.
Ask young athletes to talk to their peers about why they don't use tobacco or invite high profile
athletes to discuss how remaining tobacco free has helped them reach their athietic goals.
Striking Out Tobacco
Work with a local junior high or high school to host a student/faculty softball game (or other sporting
event) where the theme of the event will feature a tobacco prevention message. Work with local
youth to develop the slogan that will be used for the event or use an existing sports-related anti-
tobacco slogan. Feature the slogan on banners or t-shirts, or think of other ways to promote the
tobacco-free message at the event.
Tabacco-Free Ulympics
Work with local recreational organizations and school districts to recruit young people to participate in
your own local youth Olympio-style event. Youth can compete in various activities including relay
races, the 100-yard dash, and a punt, pass and kick competition. You can work with the local media
to promote the event and raise awareness around the harmful effects of tobacco. During the event
you can promote the tobacco-free message to those in attendance and ask participants to sign
pledges to remain tobacco-free.
Kids Kicking Their Way to a Healthy Lifestyle
Have kids get their parenYs permission to look for old magazines in their home and remove tobacco
ads found in the magazines. Ask them to bring the ads to school to construct a murai that would fit
the dimensions of a soccer goal (22' by 8'). Invite peer and high-profile soccer players to the event to
remind the children that to be a champion on the field, you must remain tobacco free. The day of the
event, ask the young soccer to fans kick the soccer balls through the mural, destroying the ads and
freeing the goal for play. This is a great way to illustrate to kids how they are targeted by the tobacco
industry.
Tobacco-F€�ee Tailgating Event
Holding a tailgating event at a local park is a great way to recognize organizations that have worked to
make the youth recreational facilities in the community tobacco-free. Invite the local media and
present the local park and recreation department with a certificate for their great work.
Adapted from Worid No Tobacco Day's Turnkey Idea Kit and the U.S. Department of Heafth and Human Service's Krds
Kicking Thei� Way to Hea/th.
14
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I t 1y
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I
Statewide ro ra m of the M i n nesota You
p 9 t
Tobacco Prevention Initiative
Bui d artnershi s betw
p p een oca recreat�ona
orga n izations a nd hea th rofessiona s to
p
work on tobacco rev
p ention
0
fi� Give assistance to groups in their effort to
create tobacco-free envi ron ments to mode
and romote hea t� ifest
p y y es
l�
�4�
5
r �ta�
t f 7,�„� �a� r -,p�
��t� ;,.a p 4t b g� �£�3��
ae °it��' iR ��d� �3i�. ��3��� �if;�� ���l�f
i�3
y'k k
a 4 a
rz�"#� ,��"i„� bA�
r J s Pr� L4 r� �s1�` �t�;'?!5� s �i� hKF r
�c'�'� n. 3�Y
�T�"?� �ati�
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a``� t 1 i
ES�. I 1 1.?
The National Alliance for Youth
Sports and the Nat�onaf
c� Youth Sports Safety Foundation state that parents must
demand a tobacco dru and alcohol-free environ
9 ment.
�4` 1
'3 a'f The National Youth S orts Coaches Association
p �ode of
Ethics states that each coach shou d rovide a s orts
F p p
�FF���a environment that is free of tobacco, drugs, and alcohol.
w:
Littl e Lea g u e
3 f
�'i
i
The Minnesota Youth Soccer Association prohibits the
°`A use of tobacco during sanctioned events and activities
�;i
P t y 5
,„j
��,,���i�!�'
i F �G�ta u� �.ri �y
I f s.�� r I s s�' Y�'� 1;� ��j I�� .a,� i 7,�
,I ,Tr���� #�n
��5 i�7 9����
y ,�L� -�Ym'%'z"e$ s,��5s'F�S s�li� ��N� o����
t
i r� A ti��
n fv �y s .�i. 1��
��a�3;1�
��s`S .,:'.:?�::�.5n�t�,� r'r'�;t�l��. �...�;.:.-s:�e>i1C„ :�x ��"'n�i'��� o...�+r+�,�R+;.7��t �iT�,�Y1`;i�'.t�:?^a?S:�t.�t���-t°ff�:*�4t��k
E
r
r, i
••I
n order to N nfl uence youth towa rds a
s
�����'�������������������t� positive I ifestyle, it ta kes a u n ited front
between alt involved: famil school and
Y.
communit Our oal is to uni
Y g te ail
1�F� com m u n it rou s to demonstrate t
9 p o
youngsters that�tobacco use is not a
i a rt of a hea Ith I ifest le."
p y v
y�' --Bob Bierscheid,
5 r� i f
i d;�
F r
St. Paul Parks 8c Recreation De artment
p
s 'f
t `i
t4a ,'3
l 1
I���wl,�!�i'��'��ii
i���
ir j i �"i ti�� ��.,al� t:�' �1�f r �`s�' ��.A ��.4'� u�a� n�t�
{s
��5i ��s e F,� F ��+�H� ���"i� 1 ��9l�,
4 �a
I i: 4 a' 'JA'� Sk`Ti#
i y g
�i�u 1'�� �ti�
I wt �l ��3��tT �'�``-x�� .°I D'� e� t�,�=`y y�� Q
3: t ��3kt�� �E% �`��4� 4�°! e xs�' ��L� t �tE�
ti�:sia+N�v��.�F�CarS:;e�[�'tr.�'SV,'7.7�C,'�;5�'�:aa�^9�?�C':�ana..3;:?���"i��_�?�'s"���7��C'H?;rJ�.L+,E�",�?�t; r��.v.t�..4��:�-3`F!�"`���i:;;�'?'�Lv;�c�t6t4kT':�.���!.8'fwi�C�'�'fi%�Yli�t;�k�'�Ii,y'4C,5��li5PA
4
�T�
e�
I
Wh are olicies effective?
Y p
����'�`G�kP��� Th ey re i n fo rce to t e co m m u n i t th e m essa e
y g
t� t
a tobacco use �s unhea thy and unnecessar
Y
^�'.t I k�
I(� 1 t
:r behavior.
Y;=
c 2sG������ �hey ensu re that a rtici a nts a nd s ectators
p p p
are not exposed to secondhand smoke.
k ���4
h
The create a n envi ron ment w
y here eaders ca n
�5j��` mode and romote ositiv
F t�� p p e, hea thy ifesty e
choices.
■�w
t
O
�M� w
Y
y �*9W' a
�i y�
C�
O 3 I
N I
V
.�"�i ,.vtrnyr.x�:
;s�
L. F e�,��t,��°i
�t r�F� E��t
1 i�� tx �i �.t e �1 t� 5t
'�'J n„
O
I
O I
V
V
1_ �itk.iii tl. [FUlutt� ?G }�1��1� (:e�1Y� ;#Ct St t:[U�d
2, ,t�irr�K<�. I''�'. ��xttra ��.14lnrmt�i�� 1Cna� �i �t P�nE
`3- �k�3nt(n 1:�. Fr7cn Pratri� l�. R?ocr Brl�1t[un SaxteJ!
�I. b�xt�r l�_ ��ci�lti k�at�trr�iytl Y�n�a���; �:i Sa�a��r
5. Rrx�,tisJk Isi. �:�g�!'��u�n�ltl� 9in�,tiaa ;[�I. S�rit.�.
6. Fi)eraie�ttx�[o�n 1U. Gold:sn Yaiiry a,�. Oiu;�t�i��s:i ��i. 6'tr�atsin.
7. �r f7. t3Cet��t f��frftt� �i�. F'lytuoulta ;�f4, R�Illm:tr
Brack:r:t�rtd�e 1�. lilhh3lt� �i_ fiir;��i'lnttl :Sl.'L.Irriureritt�n
�iitlrl tii. t{€r} t l.akrs ltochcsicr
lfl. 4",>i�,�s.�rt 2i}. btal�ton�ctll '�'f). it�asEyill�
n�
R y x
4
I
v�
r
i��';� �y` .g A"� W�.. r
T l f�' e N fiF S A`� I, r� �'7�
sr�`�
a F i 4 r a b a
4 4> 3 �i ,�r i3���'�,�
I 4 f �a(�.,. r Y, r..,. .r 3` C_,,.�
�±�r a A` .i��� S t d� x�
fi r i�r' s
i�.:-
I
I
I
�c l� T
o a��o
y �e.
1��ac�'�in �ou� P�c�k .l��c�eat`iona�l
�aeiliti�
s Tobaccv �',�e�
�i
j
Sample Public Service Announcement
"As part of our effort to promote healthy lifestyles in our community, the [City
name] Recreation Department would like to announce that all city park and recreational
facilities are now tobacco free! Chewing tobacco and smoking are not only deadly, but
they also decrease lung power and weaken muscles, which leads to poor athletic
performance. So stay in top physical condition by enjoying our tobacco-free parks, and
make the choice to be tobacco free!"
12
Beginning June 1, 2002, the St. Cloud RecreQtion Beginning June 1, 2002, the St. Cloud RecreQtion
Depnrtment with approval from the Department with approval from the
St. Cloud City Council began a tobacco free St. Cloud City Council began a tobacco free
campaign during youth activities. campaign during youth activities.
This means that we ask you to refrain from the This means fihat we ask you to refrain from the
use of any tobacco products during any youth use of any tobacco products during any youth
activifiy in any city owned/operated facility. activity in any city owned/operated facility.
If you would like any further information on this If you would like any further information on this i
policy, please contact the Recreation policy, please contact the Recreation
Department at 320-255-7256 or320-255-7257. Department at 320-255-7256 or320-255-7257.
Thank vou for your cooperation. Thunk you for your cooperation.
Beginning June l, 2002, the St. Cloud Recreation Beginning June 1, 2002, the St. Cloud Recreation
Departmenfi with approval from the Department with approval from the
St. Cloud City Council began a tobacco free St, Cloud City Council began a tobacco free
campaign during youth activities. campaign during youth activities.
This means that we ask you to refrQin from the This means that we ask you to refrain from the
use of any tobcacco products during any youth use of any tobacco products during any youth
activity in any city owned/opernted facility. activity in any city owned/operated facility.
If you would like any further information on this If yau would like any further information on this
policy, please contact the RecreQtion policy, please contact the Recreation
Department at 320-255-7256 or320-255-7257. Department at 320-255-7256 or320-255-7257.
Thank vou for vour cooperation. Thnnk you for your cooperation.
N
For Immediate Release [Date]
Contact: [Name]
[Agency]
[Phone number/email]
[Cit�� Name] PROTECTS YOUNG PEOPL�'S HEALTH
BY MAKING PARKS TOBACCO FREE
On [Date], the [City na�ne] City Cou��cil vc�ted in favor of the health of the children of [City name] by
making [list parks and facilities here} tobacco free. Effective [date}, no person will be allowed to use
any foi7il of tobacco tulder this new policy. The [City nanle) Park Board and [other supportive groups
or coalitions] support this policy and brol�ght it to the City Cou11ci1 for final ap�roval.
[City naine] Ciry Cotiinci] members adopted this policy because they believe that tobacco Lise in park
areas is detrimental to tl�e l�ealth of everyone using tl�e park syste�n and can be offensive to those using
recreational facilities. They also feel the tobace�-free policy provides the o�portunity to change
conunuility norms arotuld tobacco use and will help to reduce youth tobacco use.
"Our goal is to demonstrate to youth that tobacco use is ilot a part of a healthy lifestyle, and we believe
that this policy can play a part in redueing youth tobacco use in our coinmunity, which will eventually
save lives," said [park board inember or city council member], [City name] City Council member.
of ninth graders in [County name] Coui�ty use at least one fornl of tol�acco. By adopting this
policy, tl�e City of [City name) is helping reduce the rate of tobacco use in our commui�ity and is
demonst�ating their belief that tobacco ase and secondhand smolce just don't l�elong in park areas
where people go to improve their fitness and enjoy nature," said [citizei�/coalition menlber], [name of
affiliated ��oup].
Council member [name] supports the tobacco-fiee. policy because it now complei7�ents the [school
district name] school district tobacco-free grotmds policy. "The city policy will create a consistent
tobacco-free policy aivong all the recreational facilities �n otiir cominunity, which eliminates
conf�lsion."
The [name of coalition or group] assisted the City of [City name] in the policy developnzeilt process
and will be working with city officials to communicate the new tobacco policy, inclLiding posting
signage and distributing materials describing the policy and other tobacco prevention resources to all
yotiitl� leaders, coaches, and parents. Ei�forcement of the policy will come via �l�e signs and community
awareness ineasures.
The Tobacco-Free Yotith Recreation (TFYR) prograin, a statewide tobacco prevention prograin, is
providing [City name] with metal tobacco-free si�ls free of eharge. "We are pleased to add [City
name] to the growing list of Minnesota cities with tobacco-free park policies," said Brittany Meyer,
Directoi of TFYR. Cun�ently, [insert number] cities in Minnesota prohibit tobacco ilse in tlleir park
areas.
ff#�
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Sample Policy Notification Letter
[Date]
Dear [Sports�Association Name]:
Every day over 3,000 youn� America�ls decide to start smolcing. Coilsequently, over one-third of
high school st�idents a�1d over 2% of middle scl�ool stude��ts in Mii�nesota are current smokers.
The decision to reinaii� tobacco fi•ee may seem obvious, but it is often a very difficult choice for
maL�y of the youth i��volved with yo�ir programs. However, the City of [City name) is attei��pting to
help mal<e this decision easier by implementing a tobacco-fi policy for [list parl:s and facifities
here].
The City of [City name] adopted this tobacco-free policy beca��se we believe that tobacco use in
parl< areas is detrimental to the healtih of everyone usii�g the �ark system. We also believe that
ci°eating a tobacco-fi�ee reci°eational e��vironment �vill l�elp chan�e our con�munity's norms about
tobacco use. Finally, the City of [City name] also feels that parents, leaders, and off7cials are role
models for youth ai�d can have a positive effect� on the lifestyle choices they mal:e by bei��g tobacco-
free role models for thei��.
Enclosed is a copy the Ciry's ne��� tobacco-fi policy for our parl: areas. Please distrib�ite it to
n�embers ofyour organization. Ifyo�i'd lil:e additioi�al tobacco prevention i��formation and
il�aterials, please contact tl�e Tobacco-Free Youth Recreation program at tfi�r��.anst�mn.or� or (6� 1)
646-3005. lf you have any questions abo�it the new policy, please contact me at [pl�one
number/email].
Sincerely,
[Name]
Reci Coordinator
[City name] Pa� iZecreation Department
7
r
Dea�- Parent:
We want you to lalow that
our ol-ganization is pledging
to be tobacco free. During
the season, our coaches will
be talking to your childrell
about the health benefits of
staying tobacco fi�ee and the
harmfiil effects of
secondhand smoke. The
coaches will also be
teaching thein about the
importance� of avoiding all
tobacco products, now and
in the future. I
As part of this effort, we
ask that all spectators
refrain frotn using tobacco
products during our events.
Thank you for your support.
We l001< foi�ward to seeing
you at our events!
"Smoking Deflates Teens' Sports Performance"
by Ch�•isti»n Pick
Tobacco-F�°ee I'ozrtiv Rec�°ealion
Jennife��, a higl� school }unior, flops do���n on the bench ne�t to her teammates, exhausted. Her
chest is b�irning and her lun�s are fi �aspin; for air. Jen�lifer is a dedicated volleyball
playe�°, so it's not the worl:out that has left her so exhausted. Jennifer is experiencing firsthand
The effects of smoking. S���okers, lil<e Jennifer, lose their breath three times as fast as
nonsi��okers. S�nolciilg hurts yo��ng people's physical ftness ii� tei7ns of boti� perforinance and
endurance. It reduces the a���ount of o�y�en available to tl�e body, l�ampering an athlete's enei°gy
stores and impairin� theic sports performance.
Ci�arette si��oke contai»s carbon monoxide (the san�e lethal gas that is released by motor vehicle
exhaust). When inhaled, the carbon monoxide fo�tind in ci�arette smoke is absorbed rapidly into
the bloodstream. As the level of carbon monoxide in the blood increases, the leve( of oxygen
decreases, leaving less oxygen available for the body to use. These high leve(s of carbon
�I�onoxide not only cause shortness of beeath, but also have a si�»ifcant effect oi� the heact a��d
othei muscle cells that demand high amoui�ts of oxy�ei�. High blood levels of carbon n�onoxide
caused by sn�olcing impair pllysical fitness in other ���ays as well: distorted time perceptioi�, and
impaired ps}�chomotor, visual, a��d cognitive sl:ills. �If a youi�g athlete ca�lnot think, see, or inalce
good decisions, I�e or she will certainly l�ave a more difficult time participatin� in sports and
recreational activities.
Smol<ing amonb youn� people can also hamper their rate of lung growth ai�d the level of
maximum lung fw�etion. ln fact, smol<ing is responsible for coughing and ai� inerease in the
frequency and severity of cespiratocy illnesses a young perso�l i��ay experience. Smokiilg ca��
also cause chronic swelling of mucous n�embranes, which causes teen si��okers to co�igh up twice
as much phlegn� as nonsmolcing teens.
All of these smoking-related syinpto�r�s cause you��g athletes to feel sick n�uch more oftei� than
their tobacco-fi teammates, making it difficult for s�r�ol<ers to compete at everyone else's level
of physical fitness. Coacl�es and parents, talk to yo�ir young athletes a�out the effects of tobacco
use on physieal perfonnance and help them ren�ain healthy for years to come.
9
1'
`�Do as I Say, AND as I Do:
Coaching Tobacco Free"
bv Cl�r�istir�a Pick
Tobacco-F�°ee �'oz.ith Recrcatiof�
Athletes ar aften seen loolcing to the sidelines for directions fi their coaches during games.
The coach �uides thein throubh the hi�h-pressure situations of the game with encouragen�ent ai�d
instl•uctioi�. Ath}etes, Ilowever, ilot only lool: to their coaclzes for direction on the fie(d, but off
the field as welL
Coaches and recreational leaders are ii��portant role models for youn� athletes. Since recreation
provides a settine for young athletes to bond to���ether as a broup, youth �feel eom�elled to follow
the standai�ds set forth by theii leadei�s. The�� have a powerf��l influei�ce on youth, and can
positively use this to promote healthy lifestyles to their team. One such healthy behavior is
i fron� tobaceo use. By supporting young people's decision to be tobacco free and
n��odeling a tobacco-free lifestyle, recreational leaders also help yo�ith ehoose to remain tobacco
fi
Many tiilles tiv tl�e words, actions, and example t1�ey set, coacl�es influence the way their
players think abo��t the choices they will i��ake i�� ]ife. To help their athletes perform tlleir best,
coaches� oftei� talk to them about the importance of good sports�llanship, nutrition, aild refraining
fi-om aleohol use. They should also dise�iss the negative pl�ysical effects of tobacco use and the
importance of bein� tobacco fi
Coaches must en�phasize to athletes tl�at tobacco use hinders physieal fiti�ess in both
performance and endurai�ce. Tobacco use fowers the level of luna function .and reduces �he
amo�mt of oxygen avai(able to the il�uscles used d�iring recreational activities. Also, athletes
who use tobacco will suffer fi�om shortness of breath almost three times as oftei� as teens that
don't si��oke.
By talking to athletes about living a tobacco-free lifestyle, coaches show that they care about the
I�ealth of vounQ peopie and want the��� to choose healthy lifestyles. Coaci�es m�ist i�ot only
communicate with their athletes about refi from tobacco use, b�it must live tobacco-free
lifestyles themselves. By being tobacco fi coaches and leaders i��odel positive, healthy
lifestyle choices.
10
i
'�Smokeless Doesn't Mean Harmless"
by Cl�a�istirla Pic1i
Tobacco-Pree Youth Recreation
Tl�e crack of tlle vat, the roar of the crowd, the overwhelmiilg aroma of hotdogs fills the air...ah,
l�aseball. Unforitimately, baseball l�as developed a far worse association—spit tobacco. Many
people see spit tobacco as a nonnal, routine part of baseball. This needs to change—fasti
Recent sllrveys of ivajor and ininor league baseball players show that 30-40°l0 of players ttse spit
tobacco. Baseball players are role models for cllildren, and they send powerfiil messages to
young people. By using spit tobacco, athletes are sending t17e wroilg message. They are telling
yotulg people that this is an acceptable behavior.
The rea]ity is spit tobacco is not ai7y safer than cigarettes. In� fact, spit tobacco users coi7sume on
average nlore than 10 times the amount of nitrosiillines—one of the substances in tobacco
believed to cause caneer—than cigarette smokers. Furthermore, it takes only a few months of
regular use to develop molith problems like ]eukoplakia, ugly white patches or sores tl�at cau hu
into eancer. The truth is that 87% of oral cancer cases are directly linked to spit tobaeco. Users
also risk l�ealth problems stilch as high blood pressure, guin recession, tooth decay and decreased
sense of taste and sz1�e11.
Youtl� who participate in recreational activities are at higher risk to start Llsing spit tobacco. In
addition to baseball players, yoltilg people who participate in hockey, wrestling, htmting, rodeo
events, and many other youth activities use spit tobacco. The tobacco indLtstry is targetii�g these
sports and recl-eatioi�al activities with ads and promotioilal items because tl�ey ki�ow that athletes
have a strong infllience on childrei�.
"I7�e National Spit Tobacco LdLication Progra�z� (NSTEP) was established to break the snong link
between recreation and smokeless tobacco. Througl� NSTEP's parniership with Major League
Basel�all, they have been able to help more and more coaches, players, and parents leanl about
the devastating effects of spit tobacco by showin� that smokeless tobacco is not a substinite for
smoking. To find out more information about the dangers of smokeless tobacco ai�d NSTEP's
available resources, visit�their website at <www.nstep.org>.
11
I
i-
Example Team Player Pledges
4:-
Toba�ccca-Fr�:e lP'la �r's �'l�d e
I, as a mem�er of
kn�w t1�at toba�co use harm� m healt#� hinders
Y
my physica! performanc� and is dan�ero�s to
those around me. I plecf�e to be tobac�o firee
because i care about �y health and the
he�lth of those �round me.
j.Y.r:i�:�� x..�:t��i�
F
+co ree �'e�n�m Ple€1 e
�r
I We, th� members of
knowing that tobacco use harms o�.�r healtt�, hinders our
ph�sical performance and is dangerc�us to oth�rs, pledge
`to be tobacco free because we care about flur health
i
and the health :of th.ose around us.
I
;:,t
I V `'''Y
I
I
Recreur(ona! orga�v�c�tions cun he/p prerem>>o7�th tobacro irse by nsking indrvidna/ players and �eu��7s [o sign toGncco-fi�ee pledges.
13
��am�les c�f Cor�r �ver�t�
Attending or hosting your own community events is a great way to promote healthy lifestyles to young
people and the entire community. Tobacco-Free Youth Recreation (TFYR) has compiled ideas for
local activities to help raise awareness around the harmful effects of tobacco in your loca4 community.
Each idea can be combined with an existing event to enhance it, or it can stand alone as its own
event. Remember to be creative and involve your focal youth in planning your event. TFYR has
banners, posters, tobacco-free pledges, signage and other resources that can help add to your event.
If you would like any additional help planning your event, contact TFYR at (651) 646-3005.
Tc�bacca-Free School Asser�bly
Conduct sports-related anti-tobacco assemblies with local elementary, junior high and high schools to
raise awareness about the danger of tobacco use and the benefits of living a tobacco-free lifestyle.
Ask young athletes to talk to their peers about why they don't use tobacco or invite high profile
athletes to discuss how remaining tobacco free has helped them reach their athietic goals.
Striking Out Tobacco
Work with a local junior high or high school to host a student/faculty softball game (or other sporting
event) where the theme of the event will feature a tobacco prevention message. Work with local
youth to develop the slogan that will be used for the event or use an existing sports-related anti-
tobacco slogan. Feature the slogan on banners or t-shirts, or think of other ways to promote the
tobacco-free message at the event.
Tabacco-Free Ulympics
Work with local recreational organizations and school districts to recruit young people to participate in
your own local youth Olympio-style event. Youth can compete in various activities including relay
races, the 100-yard dash, and a punt, pass and kick competition. You can work with the local media
to promote the event and raise awareness around the harmful effects of tobacco. During the event
you can promote the tobacco-free message to those in attendance and ask participants to sign
pledges to remain tobacco-free.
Kids Kicking Their Way to a Healthy Lifestyle
Have kids get their parenYs permission to look for old magazines in their home and remove tobacco
ads found in the magazines. Ask them to bring the ads to school to construct a murai that would fit
the dimensions of a soccer goal (22' by 8'). Invite peer and high-profile soccer players to the event to
remind the children that to be a champion on the field, you must remain tobacco free. The day of the
event, ask the young soccer to fans kick the soccer balls through the mural, destroying the ads and
freeing the goal for play. This is a great way to illustrate to kids how they are targeted by the tobacco
industry.
Tobacco-F€�ee Tailgating Event
Holding a tailgating event at a local park is a great way to recognize organizations that have worked to
make the youth recreational facilities in the community tobacco-free. Invite the local media and
present the local park and recreation department with a certificate for their great work.
Adapted from Worid No Tobacco Day's Turnkey Idea Kit and the U.S. Department of Heafth and Human Service's Krds
Kicking Thei� Way to Hea/th.
14
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y p count 20 �o of
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Statewide ro ra m of the M i n nesota You
p 9 t
Tobacco Prevention Initiative
Bui d artnershi s betw
p p een oca recreat�ona
orga n izations a nd hea th rofessiona s to
p
work on tobacco rev
p ention
0
fi� Give assistance to groups in their effort to
create tobacco-free envi ron ments to mode
and romote hea t� ifest
p y y es
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a``� t 1 i
ES�. I 1 1.?
The National Alliance for Youth
Sports and the Nat�onaf
c� Youth Sports Safety Foundation state that parents must
demand a tobacco dru and alcohol-free environ
9 ment.
�4` 1
'3 a'f The National Youth S orts Coaches Association
p �ode of
Ethics states that each coach shou d rovide a s orts
F p p
�FF���a environment that is free of tobacco, drugs, and alcohol.
w:
Littl e Lea g u e
3 f
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i
The Minnesota Youth Soccer Association prohibits the
°`A use of tobacco during sanctioned events and activities
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n order to N nfl uence youth towa rds a
s
�����'�������������������t� positive I ifestyle, it ta kes a u n ited front
between alt involved: famil school and
Y.
communit Our oal is to uni
Y g te ail
1�F� com m u n it rou s to demonstrate t
9 p o
youngsters that�tobacco use is not a
i a rt of a hea Ith I ifest le."
p y v
y�' --Bob Bierscheid,
5 r� i f
i d;�
F r
St. Paul Parks 8c Recreation De artment
p
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Wh are olicies effective?
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����'�`G�kP��� Th ey re i n fo rce to t e co m m u n i t th e m essa e
y g
t� t
a tobacco use �s unhea thy and unnecessar
Y
^�'.t I k�
I(� 1 t
:r behavior.
Y;=
c 2sG������ �hey ensu re that a rtici a nts a nd s ectators
p p p
are not exposed to secondhand smoke.
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The create a n envi ron ment w
y here eaders ca n
�5j��` mode and romote ositiv
F t�� p p e, hea thy ifesty e
choices.
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5. Rrx�,tisJk Isi. �:�g�!'��u�n�ltl� 9in�,tiaa ;[�I. S�rit.�.
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I
Tobacco-free environments protect the �ea th, safet and
welf y i
�;���T are of the community.
1 ,a
A city policy creates consistency for youth recreation
fiacilities in the communi since most sch
tY, ool districts
s
prohibit tobacco use at their outdoor facilities.
r3 Po icies for cit -owned faci I ities su
Y pport local groups
(soccer clubs, etc.) w �o use city facilities and romote
,y�'.��.�' p
z �ealthy lifesty es.
4� ii7, Discarded cigarette butts cause Iitter re uire ma�
q intenance
expenses, and can be ingested by toddfers.
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Y (r f
l;
1
�{t
f Po icies out in� t�e s e i�
p c f� c o u t d o o r r e c r e a t i o n a
'��s �t'� fiaci ities that are covered a roun
k (p yg ds, pa rks
r
beaches, etc.�.
Po icies roh ibit s ectators a nd
p p pa rtic� pa nts
from using tobacco.
i�� Po icies descri be how faci it users wi be
y y
:x�,:
r' notified (user ma i i n s o ic u ide�
9, p y g o o ks, e tc
=��i' f�� Po icies out i ne �ow enf
orcement wi occur.
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s,� y J.�a�'( itb'� x c',�`� ,5 �1.°'rti ..,^,g..t t�i �.`,�a.� .t�':t t�,, s a,rs,� �'"':�:�{s �,`i1 .3Tt� �p �3 w�: ,r'��' .Q�[5..
Yn i.: i �t R�`..�.� 4m Y L t��aN F" �,�5."$ c 4 e taua�� 4; °d��i{ �r�{t...
c t ��..v dF� �Pu� ��.r,.�,�1�� .;i� _.ktr ,�t i� -kr 19 s�..;�
���k .a� -�t�a.:_a �S;`� "�a� j <t i'� r Ek b.' �4 4^,.
t i S �e�,�t '*�b_a '�3S§2t CEs rx�' ���:'`:f� 3i ��r;� �i".�tk� ''h:b.-0�it�� ipi9�
t i 1
`x:u�rti@NMA�rXriC<EP�'�;3F'SF:�'�'4';+4���.�,'t"•Y:"esT,1°`.e'U:i�i�roanr, tm:mx:: 2 's ri ;ER':..�"� T, 3 4 Y�`'�'� s�s��'.�':'.t�r�r„•r_...'-t#t�:'.��.l� ',.<.'"&:.��`�',t�" .�ti"??e;%�'v7��+Md'fitah57fK5iu
�z,t i
F����������� Simifar to other ark oli i
p p c es, such as alcohol and htter
i
policies, primary enforcement tool is� signage.�
����1�� Most communities do not ask their olice to
p act�vely
1,
patrol the parks. Instead, they rely on peer
�`��t�� enforcement among park users.
�y
Community awareness through policy manuais,
newsletters, and ocal media.
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Notification at coaches' or parents' meetin s or si ned
9 9
r����;����� statements from teams, participants, coaches, and
parents.
�F��, Each department's regu ation requirements vary but
some departments ask violators to eave the facility for
the remainder of the event.
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Ti t j 9 Y '�'13" B �5 ``�v`�,��� ��'+tt F v' tE t�*,� �'�",`�x�l ��r�� �t[��
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�O uaiif for T a
q y FYR s FRE E meta 1 si ns
J
au r tobacco-free
a
Y pof �c m ust ncl ude:
�,riat
i
I
s��,�,���j A ist of a the faci ities it c�
o ers
A statement that a forms of tobac
co use
�1��,�,;;
�j-- are rohibited
p
S�r���i5FE2 An enforcement a n that i nc ude
p s user
notification si na e
g g, a nd occas�ona staff
com ia nce che
p cks
t
y�y Y
y y I yy( g 1a
h',�..� .��.�t, Ri'"�?. 9ry'lI C^�L�,�,�. ���'s =fiR C+ls'q ry ""e� E j�, �r`�! e1
,qr� �g�
r t .,A x k�Y6�t: i r �F�.£ '�'i"� a e"'�i G
1 f "6
�g y �v�'
i+! i F� F j 1 F W Y
i
;t�l n.
il I i 4]rf!,` .�z s,��+� �t's1"�� �s T �x��� �',w,���
I
;f .;a�!�kY�4t4?MY%:idtirti]�C.�.,d;�Ftt$�A'�A'��'�t4"c���i#S3'��"�eis�arr.:fi�'✓�.�°:�,T-.���:'��H�'S?:��,.,._H�,.�,.�E'..�#�.'t7�"�.,.."�'5:.�.Fir�'.�Sa'`>:�'"e',t`��2'lt;�#�#'�'7+n.��:�txF.YTe�:`:..�..Tf'"f.7�IL°�e�
ry Pol ic Devel I
`j y opment Im�lementation Resou�ces
�j,��.�� TFYR Model Polic
5� �E,+���:� y
F K
4*19 }�h�
Examples of various park recreation policies
S k
41
;ii �t i.j
Free outdoor signage
r�� ���•K���
i tt� 7: f
i t
�the� P�evention Resou�ces zk r
Tobacco prevention posters r������ s�
Team/Piayer Pledges �°�'a��°'�����
x
i
Recreational Leader's Guide i�
p� ���x t�
Tr��nk vou.
a,