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HomeMy WebLinkAbout2004 09-27 CCP Regular Session Public Copy AGENDA CITY COUNCIL STUDY SESSION September 27, 2004 6:00 P.M. City Council Chambers 1. City Council Discussion of Agenda Items and Questions 2. Discussion of Work Session Agenda Items as Time Permits 3. Miscellaneous 4. Adjourn i � S 7 0 . • s CO M nn E www.heartsandhammers.org ffi -x "You turned an ugly house into a beautiful house. Thank you! You are a blessing to others. Be proud of yourselves." - One grateful St. Paul homeowner.. - PA x 1} W x r." I Message from the Chairman Since the inception of the Hearts & Hammers - Twin Cities, Inc., I have been blessed to develop many friendships. These friend- a • ;, ships, bonded through the spirit of volunteerism, have made Hearts &Hammers the special organization it is today. In cele- brating our 7"' anniversary, we continue to grow, thanks to the volunteers, sponsors, local programs and municipal agencies who have supported our efforts. The common bond that we all share is the desire to help others less fortunate than ourselves. Planning for "Program Day 2004" has begun and we are proud to tell you about the organizational changes and enhancements we have initiated. These refinements, which you will read about, _ will have one effect; they will allow us to better serve people in our community. • . Thank you for your commitment to Hearts & Hammers and for i,olr 111411 lln'jloh 11,iim �i uiu our' A '�, "'''I. � r m ,li helping us make it the friendly, dynamic and effective organiza- ° -' - ' • - tion that it is today. _ _ _ , , , • Sincerely, Robert P. Walker Hearts & Hammers - Twin Cities ®' - Founder, Chairman of the Board ji Our Results Make a Difference ee s s O n t O Sa September 13, 2003, Hearts &Hammers Twin Cities embarked on the • .• ' • biggest program day in its six year existence. There were a total of 755 volunteers from 25 different organizations working together to complete improvements on 16 .. homes. The physical results were nothing short of astounding. Not only did we make a aesthetic difference to these homes, we also made a lasting impression on the lives of e e ; s . o s e • ' the 16 homeowners we helped. Here is what one satisfied homeowner had to say . . about the work we accomplished late last summer: VIII ��I "As I sit here and look out my window on this beautiful Sunday morning, I still hear the echo of the 80 angels that descended on my home yesterday! The entire day I just had • - a shocked look on my face. They landscaped my yard, they fixed and replaced many, many boards, they caulked, they painted, they just plain never quit surprising me. I was . • - .. speechless Saturday!" What more needs to be said? We are making a difference in our community and it goes without saying that we couldn't have done this without you! Thank you for your time, your energy, your generosity and, most of all, your willingness to do something meaningful for someone else! We hope this day made a difference in your life as well. c - • J i � J I' - _ i • - !I Hutson p n A ointed Executive Director X. Hearts & Hammers — Twin Cities is pleased to announce the appointment of Mike Hutson I' as Executive Director. Mike will be the day -to -day administrative contact for the or- e ganization, while assisting the committee chairs in the execution of their respective du- ties. He will also be responsible for development activities including fundraising, grant writing, volunteer recruitment and community relations. Prior to becoming executive director, Mike held positions with Target Corporation in ' ' ' • - ' • - merchandising, as well as serving on Target's Hearts & Hammers' planning committee for the last three years. He also served on the Hearts & Hammers - Twin Cities Board of - • • ®- Directors from 2000 through 2003. •, , _ Mike looks forward to hearing from you and can be contacted at (952) 922 -2451, or mhuts @heartsandhammers.org. • - , . - • U * , _ _ , _ _ _ 2004: A Year of Refinement ' -' ' • ' ' ' - s ' ' ' ' ' 2004 will be a rewarding year for Hearts " - , • - • - , - • - • & Hammers -Twin Cities. Many changes have occurred in the organization, which are expected to reap significant benefits for years to come. _ = The refinement of the organization in- cludes the elections of the Chairman of the Board, Vice Chairman of the Board, and ON i:i {i {j� Executive Director. For the first time ever, _ -" !- the Executive Director position will be a part -time, paid position. Committee Chairs were selected to run the primary board committees that include Develop - . ment, Home Coordination, Tech - Logistics and Communications committees. An Advisory Board was created to focus ,�- - on strategic planning initiatives and to ' provide consultation for the leadership of the organization. These refinements will make Hearts & Hammers - Twin Cities a more efficient organization and will result in creating new opportunities to expand the overall impact of the organization. Comparative Financial Statement for the Period Ending December 31, 2002 & 2003 2004 Board of Directors Update 2002 2003 Assets Terms expired for several key individuals in the or- Cash $ 32,068 $ 34,754 ganization including Troy Blizzard of M.A. Morten - son Construction, C.R. Hackworthy of BrightKEYS Fixed Assets 8,482 9,892 Building and Development, Bob Huber of Leonard, Street and Dienard, Rich Mcloone of Target Corpo- t ration, Joel Moryn of Parsons Electric and Co- Liabilities and Fund Balances Executive Director, Joy Svoboda of Views Values Visions. Hearts & Hammers - Twin Cities would like Fund Balances 40,550 44,646 to thank each one for the service and commitment Contributions and Expenses they provided. You will be greatly missed! Contributions + 44,0041 41,6271 While it was no small task to find replacements for Reimbursed Expenses I I I each outgoing board member, many qualified indi- viduals were eager to join. New board members otp:: Contributions °and`;:Ex y ii erises - 00 l >6 include Amy Doerr of Parsons Electric, Tammy Faiola of Faiola & Associates, Luke Heikkila, Bill Henderson Expenses of BrighKEYS Building and Development, Bill Krake Insurance 2,759 3,035 of Welsh Construction and Brandon Moves of RSM McGladrey. Thank you for joining the team! I Depreciation 2,395 3,346 Supplies Construction Materials 17,645 21,001 Paint I - - • Marketing and Communications 1,141 10,149 • . I Other Miscellaneous Overhead 54 - • - • • • I - Y 1 - I A '1' 11101 - - . a Expen es. _ 3`QQ Contributions in Excess of Expenses $ 20,010 $ 4,096 • • • Hearts & Hammers' Call to Service ®° While we are pleased with what we have accomplished over the past six years, we - • • _ III are not content to rest on our laurels. We are committed to increasing the magnitude of our n u a nual ro r m c ontin ue p g a day, so we c ue to increase the number of deserving • - homeowners we can help. Our strategic vision however, is to grow the organization • • • • - ..' : - .. - at a rate that will allow us to maintain the highest standard of excellence for those we • - ' - .. serve. With an active Board of Directors and strong, experienced leadership, we find ourselves in a position to do both. ' We will grow as quickly as our resources allow. Whether it be financial, in -kind, vol- unteer or a combination of all three, we look forward to your participation in 2004. ' We are making a difference, but we cannot reach our goals without your generous " contributions. Please consider contributing this year by urging your family, friends, co- workers and associates to join us in some way on September 18, 2004. rr a :. �, I '� ul'I �IUII111(I � 141 II i�� II • .. - .. Target Plays Major Role in Program Day `03 ° • As part of giving 5% of its profits back to the communities it serves, Target Corpora- ' ' tion supports neighborhood improvement and affordable housing, an important initia- tive to strengthen families and keep local neighborhoods healthy. Through participa- tion in Hearts & Hammers, Target met its goal of giving back to the local community, and helping those in need. .,. - Over 340 Target team members participated in the exterior upgrades of seven Twin . » - . .. • Cities homes. Not only did Target team members scrape, caulk and paint, but they - ' • also installed downspouts, built decks, upgraded electrical, installed new landscaping, .. and performed other exterior repairs. Furthermore, Target worked with its vendors to • s . • provide supplies such as work gloves, paint rollers and totes for the event. Hearts & Hammers would like to take this opportunity to recognize Target for its con- ' tinued support. Through its partnership, Target plays a major role in the success of the " - Hearts & Hammers - Twin Cities. in I mill, -� • • •• i III i CITY COUNCIL MEETING City of Brooklyn Center September 27, 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. -Nate Bergengren, Director of Youth Ministries, Cross of Glory Lutheran Church 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. August 16 2004 — Joint Work Session with Financial Commission 2. September 13, 2004 — Study Session 3. September 13, 2004 — Regular Session 4. September 13, 2004 — Work Session 5. September 15, 2004 — Special Session b. Licenses C. Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees CITY COUNCIL AGENDA -2- September 27, 2004 d. Resolution Accepting Work Performed and Authorizing Final Payment, Improvement Project No. 2004 -09, 2004 Street Seal Coating e. Resolution Approving Quotation and Awarding Contract, 2004 Grandview Park Tennis Court Improvements, Improvement Project No. 2004 -16, Contract 2004 -J 8. Appearance -Bob Musil, Executive Director of the Minneapolis Metro North Convention and Visitors Bureau 9. Council Consideration Items a. Resolution Expressing Appreciation for the Donation of the Brooklyn Center Lions Club in Support of the Annual Halloween Party and Holly Sunday Activities *Requested Council Action: — Motion to adopt resolution. b. Proclamation Declaring October 3 -9, 2004, to be Firefighter Recognition and Fire Prevention Week *Requested Council Action: - Motion to adopt proclamation. C. Software Rebate from Microsoft - Requested Council Action: - Mori on to approve deposit of $23,000 from Microsoft Software Rebate into Technoio :�y Fund. d. An Ordina.,ce Repealing Sections 19 -301 Through 19 -310 of the City Code of Ordinances Regulating the Presence of Minors Under the Age of Eighteen Years on Public Streets and Other Places Between Certain Hours, and Defining Duties of Parents and Others in Care of Minors - Requestti i' iw l Action: - 1Nlc; :ior .:) ;approve first reading and set second reading and public hearing on October 25, 2004. e. Resolution EstaK.s!iing Fee for Potentially Dangerous and Dangerous Dog Registration •Requestcti k , suncil Action: —1v' ±ic. :. J Ladopt resolution. CITY COUNCIL AGENi'A -3- September 27, 2004 f. Mayoral Appoinhnent to Planning Commission -Requested Council Action: - Motion to ratify Mayoral nomination. g. Invitation from City of Plymouth to Participate in Watershed Discussion -Requested Council Action: - Appoint Council Member to participate in discussion. 10. Adjournment City Council Agenda Item No. 7a 1 MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA • JOINT WORK SESSION WITH FINANCIAL COMMISSION AUGUST 16, VO4 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 6:30 p.m. ROLL CALL Mayor Myrna Kragness, and Councilmembers Kathleen Carmody and )Diane Niesen. Councilmember Kay Lasman and Bob Peppe were absent and excused. Also present: City Manager Michael McCauley, Assistant City Manager/Director of Operations Curt Boganey, Fiscal and Support Services Director Dan Jordet, and Deputy City Clerk Maria Rosenbaum. Others present were Financial Commission Chair Donn Escher, and Commissioners Timothy Elftmann, Jay Hruska, and Mark Nemec. REVIEW OF 2005 GENERAL FUND BUDGET • City Manager Michael McCauley discussed that the overall revenues in the General Fund would increase 7 /1Oths of one percent with a three percent levy increase in the General Fund. The Local Government Aid (LGA) loss of $335,033 is greater than the revenue raised by a three percent levy increase. A three percent increase in the General Fund Levy raises $275,860 {$284,407 estimated uncollectibleI, and the overall increase in all City and Housing and Redevelopment Authority (HRA) levies is $212,301 or 1.97 percent. On the expenditure side there are a number of pressures that include wages and benefits that are included in the draft budget at three percent. This increase appears to be in the mid to low range of what might be expected to happen in the public sector and lower than the general trend in the private sector. The draft reflects shifting one street maintenance position to the Storm Water Utility Fund and a shift of some current General Fund ersonnel costs to the Liquor Fund. There are some P q expenditures that have been requested that can be removed in the next iteration of the draft General Fund Budget without requiring program or service cuts, but those reductions will be at the margin and would only be in the range of $20,000 to $30,000. lr. McCauley requested direction as to what number should be proposed for the preliminary levy on September 13, 2004. 08/16/04 -1- DRAFT Councilmember Carmody expressed that she believes the Council needs to make a decision if the Council would like to budget any money for REACH. Councilmember Niesen questioned if the City had to switch to the 800 mhz for police and fire and if • that would be a one -time expense. Mr. McCauley discussed that the City does have to switch to 800 mhz and that there will be grant monies that will need to be matched along with some on -going capital costs. Plus, there is a continuing cost to Hennepin County for participation in the annual metro radio system. Councilmember Carmody informed that she has a concern with the repair and replacement of buildings and the need for funding for this purpose. Financial Commission Chair Donn Escher expressed that he would like the Council to consider a three percent General Fund Levy increase plus full replacement of lost LGA. Mayor Kragness asked that each member indicate what alternate for consideration should move forward for the September 13, 2004, preliminary adoption. Commissioner Nemec express that he believed it would be irresponsible not to go with a less than Alternate E: a three percent levy plus replacement of the additional 2005 Local Government Aid loss of $335,033 increase when looking at the future for the City. It was the consensus of those present that the preliminary General Fund levy increase be proposed at three percent plus full replacement of lost LGA ($335,033) which results in a 5.08 percent increase in all taxes levied by the City and HRA. Councilmember Carmody expressed that she would still like to consider a budget for REACH. Mr. McCauley suggested that the Council continue discussion regarding REACH at the next Work Session. MISCELLANEOUS Mr. Escher questioned if the Financial Commission would need to meet other than the scheduled joint meetings with the City Council. Mr. McCauley suggested that the Financial Commission might wish to meet to discuss the fund balance. Mr. Escher suggested September 9, 2004, 7:00 p.m. ADJOURNMENT A motion by Councilmember Carmody, seconded by Councilmember Niesen to adjourn the Work Session at 8:10 p.m. Motion passed unanimously. City Clerk Mayor 08/16/04 -2- DRAFT • Date: September 13, 2004 To: Michael McCauley From: Diane Niesen RE: Changes to Meeting Minutes: August 16, 2004 Joint Work Session with Financial Commission Please include this Memo as an Attachment to the above noted Minutes. It is my understanding that meeting minutes capture items of discussion that reflect the thoughts and opinions of the Council and, upon review and reflection, help provide the basis for understanding Council movement and direction. Given that intent, I feel that the following points were important to capture in the finalized Minutes: • Council Member (CM) Niesen noted that the materials prepared for the meeting included an opinion on salary increases for City staff. Niesen asked whether the same methodology used to assess Council Member compensation used by the Financial Commission was applied to City staff salary assessment. City Manager McCauley stated that a methodology termed: Comparable Worth, was used in salary assessments. • • Niesen asked about the need to fund a City Assessing Dept. and the savings that might accrue if BC adopted a policy similar to the one now being studied for the 911 Dispatch system. Mr. McCauley stated that this issue had been reviewed a few years ago and it was competitive /equivalent to the County at that time. That review has not been updated. • Other areas of potential expense reduction were questioned and discussed including the ownership and use of City vehicles (City garage), the use of outside consultants, and a different mix of staff resources. Areas to increase income outside of taxation were also discussed and included the sale of fiber optic cable the City recently purchased, TIF district phaseout and possible grants and other revenue sharing possibilities. • Niesen asked about estimated tax impacts to residential taxpayers for the various tax increase scenarios presented. Niesen thought that this taxpaying segment was probably at their upper limit of tolerance for tax increases, given the current market situation for commercial and industrial tax values, and the phaseout of Limited Market Value. • I MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION CITY HALL - COUNCIL CHAMBERS SEPTEMBER 13, 2004 CALL TO ORDER STUDY SESSION The Brooklyn Center City Council met in Study Session and was called to order by Mayor Myrna Kragness at 6:02 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, and Bob Peppe. Councilmember Diane Niesen was absent and unexcused. Also present were City Manager Michael McCauley, Assistant City Manager/Director of Operations Curt Boganey, Director of Public Works /City Engineer Todd Blomstrom, and Deputy City Clerk Maria Rosenbaum. Councilmember Diane Niesen arrived at 6:16 p.m. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Lasman inquired if there would only be three public meetings in total outlined in the target dates for the redevelopment focus. City Manager Michael McCauley informed that the three public meetings was a typical number. Councilmember Lasman requested the following amendments to the August 23, 2004, Study Session minutes: Page 2 Councilmember Lasman questioned if follow -up calls would continue if the City were to switch dispatch services through Hennepin County. Mr. McCauley discussed that Hennepin County uses different protocols than the City and that he would get more specific information in response to Councilmember Lasman's question. Councilmember Lasman inquired if it would also be possible to get information as to what the ratio of citizens to dispatchers would be for the City. Page 3 Councilmember Lasman expressed that she would like to wait until Hennepin County makes a decision; however, believes it would be helpful to obtain input from businesses on their position with smoking bans if something is not passed at the County level. 09/13/04 -1- Pie 4 Councilmember Lasman informed that she had been lead to believe when the Council cut the funding for REACH in 2003 for 2004 that the participants would not be missing out on much for services in Brooklyn Center. Mr. McCauley discussed that the City is required to provide adaptive services and that there have not been many requests for services in 2004. Councilmember Lasman expressed that she would like to make sure that REACH participants are able to have the opportunity to participate in events. MISCELLANEOUS Council discussed the letter the Mayor received from Dean Nyquist with regards to a task force for development in Brooklyn Center. Don Poss, Brooklyn Center resident, addressed the Council to discuss that he believes the disappointment of the Brooklyn Center Tax Payers Association was that the issue of a task force was not addressed, rather than they were disappointed that there was no task force. Councilmember Diane Niesen arrived at 6:16 p.m. Councilmember Lasman informed that the Northwest Hennepin Human Services Council would be selling a calendar with over 800 diversity acknowledgments and inquired if the Council would be interested in purchasing the calendars. It was the consensus of the Council that at this time the City's budget would not be sufficient for the City to purchase calendars and to express to the Northwest g Y p p Hennepin Human Services Council that the calendar was a good idea. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS CURFEW ORDINANCE DISCUSSION OF REPEALING CITY ORDINANCE OR CONFORMING TO HENNEPIN COUNTY'S CURFEW ORDINANCE Mr. McCauley discussed that the City Attorney reviewed the City and Hennepin County's curfew ordinances. He questioned if the Council would like to repeal the City's ordinance to eliminate the differences or to amend the City's ordinance to parallel Hennepin County's ordinance. The benefit in repealing the City's ordinance would be to streamline regulation and avoid the necessity of revising the City's ordinance in the event that Hennepin County amended its ordinance. It was the consensus of the Council to repeal the City's curfew ordinance indicating that the City was going with the more restrictive and comprehensive Hennepin County regulation. Councilmember Niesen questioned the definition of a public place. Mr. McCauley discussed that public places are parks, a business open to the public, streets, and sidewalks. 09/13/04 -2- • DISCUSSION OF MANHOLE AT 2216 73" AVENUE NORTH TO BROOKLYN PARK Councilmember Carmody informed that she had reviewed the materials that had been provided and is aware that the costs associated with any change in the manhole would be with the City of Brooklyn Park: She informed the Council that she would be willing to provide a copy of the agreement and explain the process to the property owner at 2216 73` Avenue North in Brooklyn Park. DISCUSSION OF PROPOSED TIMELINE AND PROCESS FOR RESPONDING TO HENNEPIN COUNTY'S OFFER TO PROVIDE DISPATCH SERVICES Mr. McCauley discussed that the offer from Hennepin County to provide free dispatch services expires on November 20, 2004, and that a basic format and timeline would be as follows: Mid- September — Letter to employees updating them on the status of the process. First week of October — Meeting with employees to go over the results of the Phase II Study, Hennepin County's offer, Minneapolis option, and the general fiscal analysis of the various scenarios. October 13 — City Council Work Session to review the results of the Phase II Study, fiscal and operational analysis of the joint powers, Hennepin County, Minneapolis, the continued • operation of our own dispatch, and identify the Council questions and issues to be addressed at the November 8, 2004, City Council meeting. November 8 — City Council meeting to vote on accepting or rejecting Hennepin County's offer to provide dispatch services. If the basic format and timeline were acceptable staff would prepare materials and schedule the meetings. Councilmember Lasman questioned if the reports that had been received were preliminary. Mr. McCauley discussed that they were preliminary and that he will request the numbers to be finalized with the document summary. Councilmember Niesen questioned what process would change if dispatch services were to be provided by Hennepin County. Mr. McCauley discussed that is one of the things that will need to be considered and that he does have some concerns with the process and functions. Mr. McCauley discussed that if the Council would like to move forward he will schedule the meetings and expressed that Hennepin County has made it known that they will not offer this again for some period of time. Councilmember Niesen questioned if Hennepin County would be hiring more people. Mr. • McCauley informed that there is no guarantee that current employees would be hired. It was the consensus of the Council to move forward with the proposed format and timeline. 09/13/04 -3- DRAFT DISCUSSION OF DRAFT REDEVELOPMENT TIMELINE/PRO E C SS • Mr. McCauley discussed the following draft redevelopment timeline /process that had been prepared to direct activities in support of the City Council's redevelopment goal. 2004 September13 Approve solicitation of proposals from planning firms - emphasis on 57 and Shingle Creek Parkway - include all Opportunity Site October 11 Amend Tax Increment Financing (TIF) Budget/Plan Third Week Responses due from planning firms October 25 Senior housing project draft agreement November 8 Sell TIF bonds Second Week Interviews of top planning proposals by staff and Mayor November 22 Approve planning firm December 17 City Watch delivery 2005 January 17 -30 Two public meetings conducted by planning firm • February 20 City Watch delivery March First Half Public meeting: planning firm report and recommendations March 28 Adopt criteria for major redevelopment areas After March 28 Planning Commission begins work on comprehensive plan and zoning amendments April Requests for proposals /qualifications from developers May Introduction of zoning ordinance changes and comprehensive plan amendments June Adopt zoning changes June 15 Deadline for development proposals /qualifications July 25 City Council review of top three to five proposals Comprehensive plan amendment August 8 City Council selection of developer(s) September - August Acquisitions as opportunities present to facilitate redevelopment 09/13/04 -4- DRAFT • ADJOURNMENT A motion by Councilmember Carmody, seconded by Councilmember Lasman to adjourn the Study Session at 6:49 p.m. Motion passed unanimously. City Clerk Mayor • • 09/13/04 -5- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION SEPTEMBER 13, 2004 CITY HALL - COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum at 6:50 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, Director of Public Works /City Engineer Todd Blomstrom, Community Development Director Brad Hoffman, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. e Roger and Marsha Dokken, 3818 Burquest Lane, addressed the Council to discuss their concrete apron and the concerns they had with an asphalt patch. Mr. Dokken informed that he does not want his driveway patched and that he would be willing to pay the difference for concrete. Mayor Kragness asked them to speak with the Director of Public Works /City Engineer Todd Blomstrom. Paul Hyde from Real Estate Recycling addressed the Council to present an award that they had for the Caribou Building from the Business Journal. The award was for the Best in Real Estate Project. Mr. Hyde expressed thanks to the Council and City staff for the talented and creative work with the Caribou Building. Mayor Kragness asked when the Grand Opening for the Caribou Building would be held. Mr. Hyde responded that the Caribou Grand Opening would be October 13, 2004. A motion by Councilmember Niesen, seconded by Councilmember Lasman to adjourn the Informal Open Forum. Motion passed unanimously. 2. INVOCATION A moment of silence was offered for the Invocation. • 09/13/04 -1- DRAFT 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 7:41 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, Community Development Director Brad Hoffman, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Mayor Kragness reported on the award that had been presented to the City Council from Real Estate Recycling. The award was for the Best in Real Estate Project from the Business Journal for the Caribou Building. Councilmember Carmody reported that she attended the Financial Commission meeting and that they discussed the financial policies, the fund balance, and Tax Increment Financing. Councilmember Lasman reported that she attended the Northwest Hennepin Human Rights Coalition meeting on September 7, 2004, and shared information she had received from a representative from the Neighborhood House. She informed that the Hennepin County Library will be offering classes in Spanish and that if people wanted more information to call 952- 847 -8510. Councilmember Niesen reported that she had contacted the C. P. Rail regarding the train noise in the southwest neighborhood and that come December they will be moving with the interim rule. Councilmember Niesen informed that she had been contacted regarding the Council meetings and people are not able to hear the Council and staff during Council meetings. She encouraged all Council Members and staff to speak louder during the City Council meetings. Mayor Kragness reported that she attended a Transportation Policy meeting on September 7, 2004, and that one of the discussions was the future planning for Highway 610. She informed that no date was provided other than within the next five years and that plans are in the future. Mayor Kragness reminded citizens that the polls would be open from 7:00 a.m. to 8:00 p.m. for the i Primary Election on September 14, 2004. • 09/13/04 -2- DRAFT • 7. APPROVAL OF AGENDA AND CONSENT AGENDA There was a motion by Councilmember Carmody, seconded by Councilmember Lasman to approve the agenda and consent agenda with the proposed amendments to the August 23, 2004, study session minutes. Motion passed unanimously. 7a. APPROVAL OF MINUTES A motion by Councilmember Carmody, seconded by Councilmember Lasman to approve the August 23, 2004, study, regular, executive, and work session meeting minutes with the following amendments to the study session minutes: Page 2 Councilmember Lasman questioned if follow -up calls would continue if the City were to switch dispatch services through Hennepin County. Mr. McCauley discussed that Hennepin County uses different protocols than the City and that he would get more specific information in response to Councilmember Lasman's question. Councilmember Lasman inquired if it would also be possible to get information as to what the ratio of citizens to dispatchers would be for the City. P_ age 3 Councilmember Lasman expressed that she would like to wait until Hennepin County makes a decision; however, believes it would be helpful to obtain input from businesses on their position with • smoking bans if something is not passed at the County level. Page 4 Councilmember Lasman informed that she had been lead to believe when the Council cut the funding for REACH in 2003 for 2004 that the participants would not be missing out on much for services in Brooklyn Center. Mr. McCauley discussed that the City is required to provide adaptive services and that there have not been many requests for services in 2004. Councilmember Lasman expressed that she would like to make sure that REACH participants are able to have the opportunity to participate in events. Motion passed unanimously. 7b. LICENSES A motion by Councilmember Carmody, seconded by Councilmember Lasman to approve the following list of licenses. Motion passed unanimously. AMUSEMENT DEVICES Brookdale Mall 1108 Brookdale Mall GASOLINE SERVICE STATION • Speedway SuperAmerica #3192 6950 Brooklyn Boulevard 09/13/04 -3- DRAFT OFF -SALE 3.2 PERCENT MALT LIOUOR • Speedway SuperAmerica 43192 6950 Brooklyn Boulevard MECHANICAL Wend Services Inc. 8148 Pillsbury Avenue S, Bloomington RENTAL - No Calls for Service on Anv of the Following: Renewal: 3955 69"' Avenue North Richard Dawson 5401 Brooklyn Blvd. Northport Properties 5407 Brooklyn Blvd. Duane Om 7018 Brooklyn Blvd. Nelia Schaff 5618 Hillsview Road Nita Morlock Initial: 381362 nd Avenue North Jingxi Yiu 6228 Brooklyn Drive Joel James 6343 Emerson Avenue North Michael Meyer 5814 Ewing Avenue North Salem & Michele Nyarecha 5707 Fremont Avenue North Roger Hedlund 7030 Newton Avenue North Malcolm Vinger 5347 -49 Penn Avenue North Karen Pelak 6724 Toledo Avenue North Steven & Cheryl Schleif TOBACCO RELATED PRODUCT Speedway SuperAmerica #3192 6950 Brooklyn Boulevard 7c. RESOLUTION AUTHORIZING THE EXECUTION OF AGREEMENT BETWEEN THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY AND THE CITY OF BROOKLYN CENTER RESOLUTION NO. 2004 -118 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE EXECUTION OF AGREEMENT BETWEEN THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY AND THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 7d. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES • 09/13/04 -4- DRAFT • RESOLUTION NO. 2004 -119 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION. DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 7e. RESOLUTION APPROVING QUOTATION AND AWARDING CONTRACT, 2004 MISCELLANEOUS CONCRETE REPAIRS, IMPROVEMENT PROJECT NO. 2004-15, CONTRACT 2004 -I RESOLUTION NO. 2004-120 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION APPROVING QUOTATION AND AWARDING CONTRACT, 2004 MISCELLANEOUS CONCRETE REPAIRS, IMPROVEMENT PROJECT NO. 2004 -15, CONTRACT 2004 -I • The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 7f. APPROVAL OF APPLICATION AND PERMIT FOR A TEMPORARY ON- SALE LIQUOR LICENSE SUBMITTED BY ST. ALPHONSUS PARISH, 7025 HALIFAX AVENUE NORTH, FOR AN EVENT TO BE HELD OCTOBER 2, 2004 A motion by Councilmember Carmody, seconded by Councilmember Lasman to approve the application and permit for a temporary on -sale liquor license submitted by St. Alphonsus Parish for event to be held on October 2, 2004. Motion passed unanimously. 8. PUBLIC HEARING ITEMS 8a. PUBLIC HEARING REGARDING 2004 PROPOSED SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS — RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS • 09/13/04 -5- DRAFT I City Manager Michael McCauley discussed that the City annually certifies special assessments for delinquent public utility service accounts to the Hennepin County tax rolls and this public hearing is for those who wish to address the Council. 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. RESOLUTION NO. 2004 -121 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 8b. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES • REGARDING FLOOD PLAIN MANAGEMENT Mr. McCauley discussed that this ordinance amending Chapter 35 of the City Ordinances updates the ordinance with the new flood plain maps and flood insurance study. A motion by Councilmember Lasman, seconded by Councilmember Carmody to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Lasman, seconded by Councilmember Carmody to close the Public Hearing. Motion passed unanimously. ORDINANCE NO. 2004-18 Councilmember Lasman introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING FLOOD PLAIN MANAGEMENT 09/13/04 -6- DRAFT • The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Carmody. Motion passed unanimously. 8e. AN ORDINANCE AMENDING SECTION 1 -104 OF THE CITY CODE RELATING TO THE LICENSING OF COMMERCIAL KENNELS; AMENDING SECTIONS 12 -901 AND 12 -903 OF THE CITY CODE RELATING TO THE LICENSING OF RENTAL HOUSING; ADDING SECTION 23- 006.05 TO THE CITY CODE AND AMENDING SECTIONS 23- 610, 23 -661, 23 -1204, AND 23 -2309 OF THE CITY CODE RELATING TO GENERAL LICENSING REGULATIONS AND THE PAYMENT OF PROPERTY TAXES; REPEALING SECTIONS 23 -1001 THROUGH 23 -1008 OF THE CITY CODE RELATING TO THE LICENSING OF COIN - OPERATED AND SELF - SERVICE DRY CLEANING MACHINES Mr. McCauley discussed that currently the City requires real estate taxes be paid prior to the issuance of licenses for liquor, pawnbrokers, secondhand goods dealers, motor vehicle dealerships, and tattoo and body piercing establishments. The proposed ordinance amendment would implement the condition of payment of property taxes for the following business licenses: Commercial Kennel, Rental Housing, Tobacco Related Products, Bowling Alleys, Public Dance, Filling Stations, Saunas and Sauna Baths, Massage Parlors, Rap Parlors, Conversation Parlors, Adult Encounter Groups, Adult Sensitivity Groups, and Escort, Model, Dancing, and Hostess Services. • Mr. McCauley discussed that as part of this ordinance amendment review, language was added to include that the rental housing license holder be current on the payment of utility fees, taxes, and assessments due on the licensed property and other rental property in the City owned by the license holder; and that Sections 23 -1001 through 23 -1008 relating to the licensing of coin - operated and self - service dry cleaning machines be repealed. A motion by Councilmember Carmody, seconded by Councilmember Peppe 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 -19 Councilmember Peppe introduced the following ordinance and moved its adoption: • 09/13/04 -7- DRAFT AN ORDINANCE AMENDING SECTION 1 -104 OF THE CITY CODE RELATING TO THE • LICENSING OF COMMERCIAL KENNELS; AMENDING SECTIONS 12 -901 AND 12 -903 OF THE CITY CODE RELATING TO THE LICENSING OF RENTAL HOUSING; ADDING SECTION 23- 006.05 TO THE CITY CODE AND AMENDING SECTIONS 23-610,23-661,23- 1204, AND 23 -2309 OF THE CITY CODE RELATING TO GENERAL LICENSING REGULATIONS AND THE PAYMENT OF PROPERTY TAXES; REPEALING SECTIONS 23- 1001 THROUGH 23 -1008 OF THE CITY CODE RELATING TO THE LICENSING OF COIN- OPERATED AND SELF - SERVICE DRY CLEANING MACHINES The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Niesen. Motion passed unanimously. 9. COUNCIL CONSIDERATION ITEMS 9a. RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT OF THE BROOKLYN CENTER AMERICAN LEGION IN SUPPORT OF THE CITY'S FORESTRY PROGRAM Mayor Kragness read the resolution expressing appreciation for the gift of $2,500 from the Brooklyn Center American Legion in support of the City's Forestry Program. RESOLUTION NO. 2004-122 Councilmember Lasman introduced the following esolution and moved its adoption: • g P RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT OF THE BROOKLYN CENTER AMERICAN LEGION IN SUPPORT OF THE CITY'S FORESTRY PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Councilmember Niesen questioned whom the contact person would be regarding the forestry program. Mr. McCauley discussed that people may contact the Public Works Department regarding the forestry program. She encouraged persons to make suggestions for placement of trees to the Public Works department if they knew of areas where trees may be needed. Motion passed unanimously. 9b. RESOLUTION ADOPTING CITY COUNCIL GOALS FOR 2005 AND ACCEPTING SUMMARY OF KEY OBSERVATIONS AND CONCLUSIONS AT CITY COUNCIL LEADERSHIP WORKSHOP Mr. McCauley discussed the following 2005 Goals that had been previously developed at the City Council Leadership Workshop: is 09/13/04 -8- DRAFT • Goal No. 1: Create a new Brooklyn Center "Downtown" blueprint. (Opportunity Site — Brooklyn Center's Central Business District) Goal No. 2. Continue funding of community services. Goal No. 3: Sustain Code Enforcement, Crime Prevention, and Traffic Enforcement Efforts. Goal No. 4: Continue the Street Reconstruction Program. Councilmember Carmody suggested that the following language be added to the resolution: Important Note: Goals 1 and 2 become the "super ordinate goals" that will be absorbing most of the Council's leadership and the municipal staff s management capacity during 2005. Goals 3 and 4 are reflective of the Council's commitment to sustain the efforts these goals addressed because of their extreme importance to the community. A motion by Councilmember Lasman, seconded by Councilmember Carmody to amend the resolution. • Councilmember Niesen expressed that she does not want to see environmental issues left out and questioned if that should be something listed under Goal No. 3. Councilmember Carmody discussed that she recalls the issue was discussed; however, it was not one of the final items to be listed under Goal No. 3. Councilmember Niesen noted that the word mil had not been removed from page 8; and asked that the Councilmembers who were present be listed as part of the introduction and that language on the following paragraph of page nine be amended to: Because Council Member Niesen had to leave early and Council Member Peppe was unable to attend the retreat, it was not possible to discuss these issues fully and develop a consensus on what actions the council may wish to take, if any, relative to these issues. It is recommended that this discussion be continued at the scheduled February 5, 2005 City Council Leadership Workshop. RESOLUTION NO. 2004 -123 Councilmember Niesen introduced the following resolution and moved its adoption along with the above amendment to the Summary of Key Observations and Conclusions: • 09/13/04 -9- DRAFT RESOLUTION ADOPTING CITY COUNCIL GOALS FOR 2005 AND ACCEPTING SUMMARY • OF KEY OBSERVATIONS AND CONCLUSIONS AT CITY COUNCIL LEADERSHIP WORKSHOP The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 9c. AN ORDINANCE AMENDING SECTIONS 11-509,11-610, AND 11 -710 OF THE CITY CODE RELATING TO THE LICENSING OF ESTABLISHMENTS FOR THE SALE OF ALCOHOLIC BEVERAGES I Mr. McCauley discussed that the City Attorney had drafted an ordinance amendment that would clarify the requirement of taxes be paid to an entire tax parcel, not only the premises. Councilmember Carmody expressed that she believes this may not be considerate to Applebee's; however, this would be in the best interest of the City. A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve first reading and set second reading and public hearing on October 13, 2004. Motion passed unanimously. 9d. 2005 PRELIMINARY BUDGET AND TAX LEVY REPORT 1. RESOLUTION APPROVING A PRELIMINARY TAX CAPACITY • LEVY FOR THE GENERAL FUND AND DEBT SERVICE FUNDS AND A MARKET VALUE TAX LEVY FOR THE HOUSING AND REDEVELOPMENT AUTHORITY FOR PROPERTY TAXES PAYABLE IN 2005 2. RESOLUTION ADOPTING A PRELIMINARY BUDGET FOR THE 2005 FISCAL YEAR 3. RESOLUTION SETTING THE DATES FOR TRUTH IN TAXATION PUBLIC HEARINGS AND ADOPTION OF GENERAL FUND BUDGET FOR 2005 Mr. McCauley discussed that the 2005 preliminary levy is proposed at the maximum and that it can be reduced if needed; and that the Truth in Taxation hearing is scheduled for December 6, 2004, at 7:00 p.m. If a continuation hearing is needed, that hearing would be held on December 13, 2004, at 6:00 p.m. The final budget adoption and hearing would also be on December 13, 2004, during the Regular City Council meeting. • 09/13/04 -10- DRAFT • Mr. McCauley discussed that the proposed budget maintains the current operations and proposes a three percent levy increase plus $335,033 in Local Government Aid (LGA) loss replacement. The General Fund Budget continues reductions implemented in 2004 to reflect $1.68 Million loss of LGA and includes staff reductions from 2004, reduced service levels, and franchise fees to help fund street reconstruction (not in General Fund: was implemented to sustain street reconstruction). The change in total revenues from taxes and aids in 2001 to 2005 is $77,925 or 7 /10ths of one percent. Councilmember Carmody expressed that she believes this proposed budget will give the City breathing room after two to three years of steady cuts. Councilmember Niesen asked for qualification regarding the 5.08 percent levies. Mr. McCauley discussed that the 5.08 percent reflects a combined levy for operations and debt and the Housing and Redevelopment Authority (HRA). Councilmember Niesen reiterated that percentage increase in the levy is not what people will see on their tax statement as an increase due to increasing residential values and other factors. Mr. McCauley responded that is correct and results in residential paying more taxes. Councilmember Niesen expressed that balancing the budget is not easy and that she wants to study and get as much information as she can on scenarios that might play out in order to learn and try to predict the burden to tax payers. • RESOLUTION NO. 2004-124 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION APPROVING A PRELIMINARY TAX CAPACITY LEVY FOR THE GENERAL FUND AND DEBT SERVICE FUNDS AND A MARKET VALUE TAX LEVY FOR THE HOUSING AND REDEVELOPMENT AUTHORITY FOR PROPERTY TAXES PAYABLE IN 2005 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. RESOLUTION NO. 2004 -125 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION ADOPTING A PRELIMINARY BUDGET FOR THE 2005 FISCAL YEAR The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. • 09/13/04 -11- DRAFT RESOLUTION NO. 2004-126 • Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION SETTING THE DATES FOR TRUTH IN TAXATION PUBLIC HEARINGS AND ADOPTION OF GENERAL FUND BUDGET FOR 2005 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 9e. 2004 CITY COUNCIL MEETING SCHEDULE AMENDMENT Mr. McCauley requested that the 2004 City Council Meeting Scheduled be amended to reschedule the October 11, 2004, City Council Study, Regular, and Work Session Meetings to October 13, 2004. A motion by Councilmember Carmody, seconded by Councilmember Lasman to reschedule the October 11, 2004, City Council Study, Regular, and Work Session Meetings to October 13, 2004. Motion passed unanimously. 10. ADJOURNMENT There was a motion by Councilmember Carmody, seconded by Councilmember Niesen to adjourn the City Council meeting at 8:34 p.m. Motion passed unanimously. • City Clerk Mayor • 09/13/04 -12- 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 CITY COUNCIL WORK SESSION SEPTEMBER 13, 2004 CITY HALL - COUNCIL CHAMBERS Note: All Work Session items were discussed at the Study Session. CURFEW ORDINANCE DISCUSSION OF REPEALING CITY ORDINANCE OR CONFORMING TO HENNEPIN COUNTY'S CURFEW ORDINANCE DISCUSSION OF MANHOLE AT 2216 73 AVENUE NORTH TO BROOKLYN PARK DISCUSSION OF PROPOSED TIMELINE AND PROCESS FOR RESPONDING TO HENNEPIN COUNTY'S OFFER TO PROVIDE DISPATCH SERVICES DISCUSSION OF DRAFT REDEVELOPMENT TIMELINE/PROCESS MISCELLANEOUS • • 09/13/04 -1- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA • SPECIAL SESSION SEPTEMBER 15, 2004 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in special session as an election canvass board and was called to order by Mayor Myrna Kragness at 5:00 p.m. ROLL CALL Mayor Myrna Kragness and Councilmembers Kay Lasman and Bob Peppe. Councilmembers Kathleen Carmody and Diane Niesen were absent and unexcused. Also present were City Manager Michael McCauley, Assistant City Manager/Director of Operations Curt Boganey, and City Clerk Sharon Knutson. Councilmember Diane Niesen arrived at 5:01 p.m. CANVASS OF SEPTEMBER 14, 2004, PRIMARY ELECTION RETURNS • The Brooklyn Center City Council proceeded to canvass the City election returns from all City precincts, reporting ballots cast in the City of Brooklyn Center contest as follows: Office of Citv Council Member Ballot Count Kay Lasman 638 Tom Reynolds 335 Charles F. Nichols, Jr. 316 Mary O'Connor 296 Timothy R. Franklin 154 RESOLUTION NO. 2004 -127 Upon completing the election canvass, member Lasman introduced the following resolution and moved its adoption: RESOLUTION REGARDING CANVASS OF SEPTEMBER 14, 2004, PRIMARY ELECTION The motion for the adoption of the foregoing resolution was duly seconded by member Peppe, and the motion passed unanimously. Councilmember Diane Niesen arrived at 5:01 p.m. • 09/15/04 -1- DRAFT ADJOURNMENT There was a motion by Councilmember Lasman and seconded by Councilmember Peppe to adjourn • the meeting. The motion passed unanimously. The Brooklyn Center City Council meeting adjourned at 5:03 p.m. City Clerk Mayor • • 09/15/04 -2- DRAFT City Council Agenda Item No. 7b OX City of Brooklyn Center A Millennium Community _ TO: Michael J. McCauley, City Manager FROM: Maria Rosenbaum, Deputy City Clerk DATE: September 22, 2004 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 September 27, 2004 are as follows: MECHANICAL Elite Heating & Air Inc. 11906 293` Avenue NW, Princeton Robert's Repair and Maintenance 3702 Yates Avenue North, Crystal Superior Heating Air and Elec. 2132 2nd Avenue North, Anoka ON -SALE WINE AND 3.2 PERCENT MALT LIOUOR • Note: These licenses are contingent on certificate of occupancy and proof of liquor liability insurance Great India 6056 Shingle Creek Parkway PUBLIC DANCE Coyote Grille 2101 Freeway Boulevard RENTAL - There were no calls for service Renewal: 4207 Lakeside Avenue North #123 - Donna Kabanuk Initial: 3900 Janet Lane - Keith Carlson 5925 Washburn Avenue North - Cheng Lor 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 City Council Agenda Item No. 7c e • • MEMORANDUM DATE: September 22, 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 anticipated that this resolution will be submitted for council consideration each meeting during the summer and fall as new trees are marked. 0 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. 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 TREENUMBER ------ - - - - -- -- - -- - - - - - -- -- - - - - -- LARRY & CAROL SCOLES 913 WOODBINE LA 366 AMY JO BAILEY 5330 GIRARD AVE N 367 DONNA MARX 5327 GIRARD AVE N 368 FRANK & MARIANNE TOPAR 5319 LOGAN AVE N 369 CITY OF BROOKLYN CENTER VARIOUS PARKS 370,373,372 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. • • • City Council Agenda Item No. 7d • • I aly of • MEMORANDUM BROOKLYN CENTER DATE: September 22, 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 -09, 2004 Street Seal Coating On March 8, 2004 the City Council authorized the awarded of Improvement Project No. 2004- 09, 2004 Street Seal Coating activities to Allied Blacktop Company of Maple Grove, Minnesota. This work was performed as part of a joint powers agreement with the City of Coon Rapids to provide an opportunity to obtain lower unit bid prices by combining annual maintenance work for several communities in the northern metro area into one project bid. Improvement Project No. 2004 -09 included the placement of chip seal surface treatment to portions of 69 Avenue, Humboldt Avenue, France Avenue, Lyndale Avenue and the Orchard Lane West neighborhood as shown on the attached figure. • Allied Blacktop Company has completed all work under the contract on schedule within budget, p p Y p g, and with acceptable quality of the finished product. Attached for consideration is a City Council resolution accepting the work performed and authorizing final payment in the amount of $103,945.56 for the 2004 Seal Coating work. Member introduced the following resolution and moved its • adoption: RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 2004 -09, 2004 STREET SEAL COATING WHEREAS, the City of Brooklyn Center entered into a joint powers agreement with the City of Coon Rapids to provide street seal coat maintenance work in 2004; and WHEREAS, the 2004 Seal Coating work was awarded to Allied Blacktop Company of Maple Grove, Minnesota pursuant to said joint powers agreement; and WHEREAS, Allied Blacktop Company of Maple Grove, Minnesota has completed the specified street maintenance work for Improvement Project No. 2004 -09, 2004 Seal Coating. 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 to the Contractor for said improvements shall be $103,945.56 from the Public Works Street Maintenance Operating Budget. • 2. Project costs and revenues are hereby amended as follows: COSTS As Approved As Final Contract $104,090.95 $103,945.56 REVENUES 43220 -6530 $104,090.95 $103,945.56 Date Mayor ATTEST: City Clerk The motion 0 on for the adoption of the foregoing resolution was duly seconded by member and upon vote being g taken thereon, the following voted in favor thereof: • and the following voted against the same: whereupon said resolution was declared duly passed and adopted. li 1 I m lt' u r m - ,-6 { U OIL - 'Ift t r � LiFc., ; 0,LE, E U�1t &i F €f;[ I a I iI IMP , ly, 1 .r t.!1�;1 {r Ti = [iEIC—}I'9t 15 fir' E isy E 7 I - _ in Of of € UILr7lVE9 - r— U U � W �'�, - : I - . ...., II i•l r' i d'1 }11tE'L',eE 'fr[" l _ �- 7 - i — s t�1 - — I:rI _ -71F�: - � -6-0 g I i 1 I - "I w I o o +'T 5 �,° � -� -�� I a ' �•�_ sr.ti t-� F T'' t�rr�+� �I, \, �, - , L 14 I I L V t Pj� f � F - !' �, • �� � -; r�` t '�ly'"f r ,�t� *.,°I� �- 7� - ' r I I�j� � � s � Q CIO -Irk { I - f _ =_ # I O r � I cV �L } (�, N 1iS'�Fy��� I a ,,� ,-Fl Unit 3sr rE ,1 ' 11 T r i r� I L I ?'t° 4 11111 - i r rl „ i + f 11 1 'a�s ltrtlr - �,' IL r r i fill ,r 1 I I f �ft'LI'il� I j1 T City Council Agenda Item No. 7e MEMORANDUM XBROOKLYN aty of TER DATE: September 8, 2004 TO: Michael McCauley, City Manager FROM: Todd Blomstrom, Director of Public Works SUBJECT: Resolution Approving Quotation and Awarding Contract, 2004 Grandview Park Tennis Court Improvements, Improvement Project No. 2004 -16, Contract 2004 -J The City of Brooklyn Center recently solicited quotations from three qualified contractors for the reconstruction of the existing tennis courts at Grandview Park. This work was included in the 2003 Capital Improvement Program for completion with other site improvements taking place as part of the new Earle Brown Elementary School Construction. Reconstruction of the two tennis courts was delayed until other school site improvements adjacent to the tennis courts were completed earlier this year. • Two quotations for the 2004 Grandview Tennis Court Improvements contract were received and opened on September 10, 2004. The bidding results are tabulated as follows: Bidder Bid Amount Demco -La Vine Construction Co. $ 28,561.00 Court Surfaces & Repair, Inc. $ 29,945.00 Of the two (2) bids received, the lowest bid of $28,561 was submitted by Demco - Lavine Construction Company of Minneapolis, Minnesota. The quoted lump sum price appears to be reasonable based on the cost to complete similar tennis court reconstruction work at West Palmer Lake Park in 2000. Attached for City Council consideration is a resolution accepting the quote and awarding the 2004 Grandview Tennis Court Improvements contract to Thomas & Sons Construction in the amount of $28,561.00. • } 3' 0 ' ,0' BASKETBALL HOOP / REFER TO SPECIFICATIONS •I EXISTING TENNIS / _ I COURTS BASKETBALL j TENNIS COURTS COURT 9 ' 1 t I 0_ Posy Posrs Posy ! 3 I . ((L BASKETBALI HOOP.. REFER TO SPECIFICY.TIONS, ' ' -: ' ro!� �. U�+ FENCE ":.; 1 -- - ui HR . PERMANENT HOCKEY BOARDS BY OTHERS I J t HOCKEY . �. I O • I C2.2 . I m C2.2 C22 NORTHWEST PARKING:. 15 •'+'..:' :' , ' :1`�� �4' WIDE PAINT 15 `;•+v.;,:ir;`l.` : oe^Sja+a STRIPE @3' _"'_• .. C22 • ; t .' :: :.a.:...`' " O.C. (TYP) 1.2.2 ' T: -t s + w ,1�..rnY. •"(. 1 ,;�, r\ � „•t.:a�..: M1.'.: ;• -,s:; PAINTED �� ACCESSIBLE • 105 - y:'a, �.^. 4' WIDE PAINT •' . 14. �2� a^ `::;ti- _ - ,•5'ny..l:-''. °.i .:. �': SYMBOL F " a _ " .'�': - ^ri: ...:'t':'- :r:\ >n. -:; c•:•'�:%. 'c.:••. �STTU PE(TYP)_ 1- C2:�' ��-;>>> C2- 2.I''r} .;,,5: +;+•'r}'," �•y� '' .. . (n'P) 24:00' �: ;;}(?�{7•% J'w C� _`.'::':�•.,',~'�, `�; ~Y,. PLAY STATION 5 ` ' sTALL3 \�\ 'P.,LA STIETI, 4 C2.2 -.. (TYP) 12 ?: ' B V HIGH CHAIN LtNKFEN 9 7 C2.2 PROPOSED PROPERTY NE C 5 O C2.2 C2.2 C2.2 ' 3TAT10N3 _mil �J�11jj J i l C2.2 C2 �h!'� "! /'J,;� /II��J /11� v t erg, r!`A /r /T `, - - - Hi C2.2 V 1i;��� 8' HIGH CHAIN LINT FOUL POLE - REFE \ \\ \\ // \ • ! /'\�R SPECIFICATIONS \ \ G \ \ \ C SINGLE SWING 6 �!/ II�� /i // ;" _t GATE C22 C2.2 C2.2 9 7 C2.2 \ - 15 C22 BIKE RACKS -REFER t .< \ TO SPECIFICATIONS 0 :"... Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION APPROVING QUOTATION AND AWARDING CONTRACT, 2004 GRANDVIEW PARK TENNIS COURT IMPROVEMENTS, IMPROVEMENT PROJECT NO. 2004 -16, CONTRACT 2004 -J WHEREAS, pursuant to a solicitation for quotations for Improvement Project No. 2004- 16, quotations were received, opened, and tabulated by the City Clerk and Engineer on the I 01 day of September, 2004. Said quotes were as follows: Bidder Bid Amount Demco - LaVine Construction Co. $ 28,561.00 Court Surfaces & Repair, Inc. $ 29,945.00 WHEREAS, it appears that Demco - LaVine Construction Company is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: • 1. The Mayor and City Manager are hereby authorized and directed to enter into a contract with Demco - LaVine Construction Company of Minneapolis, Minnesota in the name of the City of Brooklyn Center, for Improvement Project No. 2004 -16, according to the plans and specifications therefore approved by the City Council and on file in the office of the City Engineer. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. 3. The project costs shall be charged to the Infrastructure Construction Fund. 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. 8 • There are no materials for this item. City Council Agenda Item No. 9a 01 City of Brooklyn Center A Millennium Community MEMORANDUM DATE: 9/20/04 TO: Michael J. McCauley, City Manager r FROM: Jim Glasoe, Director of Community Activities, Recreation and Services SUBJECT: Resolution Expressing Appreciation For The Donations Of The Brookly Center Lions Club in Support of the Annual Halloween Party and Holly Sunday Activities The Brooklyn Center Lions Club has presented to the City donations of five hundred dollars ($500.00) and two thousand dollars ($2,000.00.) They have designated that they be used to support the annual Halloween Party and Holly Sunday activities respectively. The annual Halloween party attracts upwards of two hundred children. The children participate • in games and activities; receive prizes and special Halloween treats, all in a safe environment. The Holly Sunday activities attract upwards of five hundred participants who enjoy pictures with Santa, holiday themed games, entertainment and refreshments. Staff recommends acceptance of these donations and asks that they be coded to the corresponding activity budgets. 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cityofbrooklyncenter.org • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING APPRECIATION FOR THE DONATIONS OF THE BROOKLYN CENTER LIONS CLUB IN SUPPORT OF THE ANNUAL HALLOWEEN PARTY AND HOLLY SUNDAY ACTIVITIES WHEREAS, the Brooklyn Center Lions Club has presented to the City a donation of five hundred dollars ($500) and has designated it be used to support the annual Halloween Parry, and WHEREAS, the Brooklyn Center Lions Club has presented to the City a donation of two thousand dollars ($2,000) and has designated it be used to support the annual Holly Sunday activities, and WHEREAS, the City Council is appreciative of these donations, and commends the Brooklyn Center Lions Club for its civic efforts. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota: • 1. Acknowledges the donations with gratitude. 2. Appropriates the donations to the corresponding activity budgets. September 27, 2004 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • i City Council Agenda Item No. 9b PROCLAMATION DECLARING OCTOBER 3-9,2004, TO BE FIREFIGHTER RECOGNITION AND FIRE PREVENTION WEEK WHEREAS, the history of Fire Prevention Week has its roots in the Great Chicago Fire of 1871, which billed more than 250 persons, left 100,000 homeless, destroyed 17,400 structures, and burned more than 2,000 acres; and WHEREAS, since 1922, the President of the United States of America has designated the week in which October 9 falls as National Fire Prevention Week, and the National Fire Protection Association has officially sponsored Fire Prevention Weep since the observance was first established; and WHEREAS, firefighters provide an invaluable public service and risk their lives to preserve and protect our community through the delivery of efficient and effective fire- and life - safety services; and WHEREAS, firefighters recognize prevention as the most effective means to fight fire and they continue to educate the public on fire safety to benefit our community; and • WHEREAS, it is highly appropriate that the services provided by firefighters be recognized and appreciated. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, with the consent and support of the Brooklyn Center City Council, do hereby proclaim the week of October 3 through 9, 2004, to be Firefighter Recognition and Fire Prevention Week and ask that our community honor all firefighters and participate in fire prevention activities at home, work, and school, and take all steps necessary to keep their homes and families safe from fire. September 27, 2004 Date Mayor ATTEST: • City Clerk City Council Agenda Item No. 9c I City of Brooklyn Center A Millennium Community I MEMORANDUM TO: Mayor Kragness, Councilmembers Carmody, Lasman, Niesen, and Peppe FROM: Michael J. McCauley, City Manager DATE: September 21, 2004 SUBJECT: Software Rebate Attached is a memorandum from Ms. Hartwig outlining research that she undertook that has resulted in a substantial rebate to the City of Brooklyn Center in connection with software licensing from Microsoft. In addition to the rebate, the changed software licensing will result in annual cost reductions. Ms. Hartwig's efforts and perseverance resulted in this current rebate and projected annual savings. I am recommending that the rebate be placed in the Technology Fund since this relates to technology costs. In one sense the rebate technically reflects a reduction in overall software costs. However, • rather than placing the funds into the General Fund as an offsetting revenue, I believe that it would be more efficacious to put this money in the Technology Fund so that it is available as we work on identifying and meeting current and future technology needs. I i �o 6 1 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.cityolbrooklyncenter.org I MEMO To: Michael J. McCauley, City Manager From: Patty Hartwig, Information Technology Coordinator Subject: Microsoft Volume Licensing Office Rebate Date: September 21, 2004 In April 2004 the City of Brooklyn Center entered under the State of Minnesota contract the Microsoft Enterprise Agreement for the Microsoft Office Product. It was determined, after review, it was cost effective for all other Microsoft product licensing (server, client access, etc.) to remain on the State of Minnesota contract under the Microsoft Select Agreement. The change from the Select to Enterprise Agreement for Office licensing qualified the City for the Microsoft Volume Licensing Office Rebate Program in the amount of $23,000. By moving the Office Product from the Select to Enterprise Agreement resulted in the licensing change from • Microsoft Office Standard (Word - word processing, Excel - spreadsheet, PowerPoint - presentation, Outlook - email) to Microsoft Office Professional (Word - word processing), Excel - spreadsheet, PowerPoint - presentation, Access - database, Publisher - desktop publishing, Outlook - email, InfoPath -form creator). In addition, under the Enterprise Agreement Software Assurance the City gained the benefit of four technical training days, valued at $1,200. Over the course of the licensing term, 6- years, this change will result in a cost reduction of $5,343 and City staff will have gained the functionality of upgrading from Office Standard to Office Professional, which includes the addition of three applications used for City operations; Access, Publisher and InfoPath. The City received the check today and has forwarded to Finance. i • City Council Agenda Item No. 9d Office of the City Clerk OX City of Brooklyn Center - A Millennium Community MEMORANDUM TO: Michael J. McCauley, City M er Z� FROM: Sharon Knutson, City Clerk DATE: September 22, 2004 SUBJECT: An Ordinance Repealing Sections 19 -301 Through 19 -310 of the City Code of Ordinances Regulating the Presence of Minors Under the Age of Eighteen Years on Public Streets and Other Places Between Certain Hours, and Defining Duties of Parents and Others in Care of Minors At its September 13, 2004, Study Session, the City Council discussed and reviewed Hennepin County's curfew ordinance and compared it to the City' curfew ordinance. The Council reviewed the differences, and discussed whether it should amend the City's ordinance to parallel Hennepin County's ordinance or repeal the City ordinance to eliminate the differences. It was the consensus of the Council to repeal the City's curfew ordinance and to use the County's ordinance that is more restrictive, comprehensive, and • uniform than the City's ordinance. Attached is a copy of Hennepin County's juvenile curfew ordinance, along with a copy of the City's curfew ordinance. City Charter Section 3.10 regarding repeal of ordinances provides that the section number and title of the ordinance to be repealed be given. The ordinance repealing Sections 19 -301 through 19 -310 of the City Code of Ordinances is attached. If the City Council approves first reading of the Ordinance, the second reading and Public Hearing would be scheduled for October 25, 2004. I 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.cityolbrooklyncenter.org • CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 25th day of October 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 Repealing Sections 19 -301 Through 19 -310 of the City Code of Ordinances Regulating the Presence of Minors Under the Age of Eighteen Years on Public Streets and Other Places Between Certain Hours, and Defining Duties of Parents and Others in Care of Minors. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763 -569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE REPEALING SECTIONS 19 -301 THROUGH 19 -310 OF THE CITY CODE OF ORDINANCES REGULATING THE PRESENCE OF MINORS UNDER THE AGE OF EIGHTEEN YEARS ON PUBLIC STREETS AND OTHER PLACES BETWEEN CERTAIN HOURS, AND DEFINING DUTIES OF PARENTS AND OTHERS IN CARE OF MINORS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: • Section 1. Sections 19 -301 through 19 -310 of the City Code regulating the presence of minors under the age of eighteen years on public streets and other places between certain hours, and defining duties of parents and others in care of minors are hereby repealed. 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.) • Hennepin County > Ordinance # 16 Juvenile Curfew Pagel of 3 Text -Nav E Site Map j September 21, 2004 ;:rauf connection to ��Ipi SEARCH Advanced Search .us I WLYW. f Hennepin County, P' Minnesota, lEnter Keyword(s) m YOUR IC N9E , E"PLOYMENT FlEJ�I#TN LAW, ' , . E COUNTY CERTIFIICAt£! , t40d1SINIG, PUBL'I'C "` ETYf PROPERTY, GOVERNMENT Bc itEGISTRA4It�N �OLUT#TEERING 8i SOCIiAL SEIRVI�S !�i COURTS i4 TRANSPORTATION Home > Law. Public Safetv. & Courts > County Attornev > Ordinance # 16 Juvenile Curfew Ordinance # 16 Juvenile Curfew DEPARTMENT ORDINANCE NUMBER SIXTEEN county_ Attorney JUVENILE CURFEW CONTACT INFORMATION E -Mail ci nfo@ FOR HENNEPIN COUNTY co.hennepin.mn.us Phone 612 - 348 -5550 AN ORDINANCE SETTING A COUNTY -WIDE, NIGHTTIME CURFEW FAX 612 - 348 -9712 FOR JUVENILES. THIS ORDINANCE IS ADOPTED PURSUANT TO MINNESOTA STATUTES, CHAPTER 145A.05, SUBD. 7A (1994). Location Juvenile. Justice Center ADOPTED BY THE HENNEPIN COUNTY BOARD OF COMMISSIONERS OF HENNEPIN COUNTY, MINNESOTA ON DECEMBER 20, 1994 AMENDED ON JUNE 27, 1995 AMENDED ON OCTOBER 15, 2002 • ORDINANCE NO. 16 JUVENILE CURFEW An ordinance setting a county -wide, nighttime curfew for juveniles. This ordinance is adopted pursuant to Minn. Stat. §145A.05, subd. 7a (1994). SECTION 1: FINDINGS AND PURPOSE (A) In recent years, there has been a significant increase in juvenile victimization and crime. At the same time, the crimes committed by and against juveniles have become more violent. A significant percentage of juvenile crime occurs during curfew hours. (B) Because of their lack of maturity and experience, juveniles are particularly susceptible to becoming victims of older perpetrators. The younger a person is, the more likely he or she is to be a victim of crime. (C) While parents have the primary responsibility to provide for the safety and welfare of juveniles, Hennepin County also has a substantial interest in the safety and welfare of juveniles. Moreover, Hennepin County has an interest in preventing juvenile crime, promoting parental supervision, and providing for the well being of the general public. (D) A county -wide curfew will reduce juvenile victimization and crime and will advance public safety, health, and general welfare. SECTION 2: DEFINITIONS (A) "Juvenile" means a person under the age of eighteen (18). The term does not include 0 s under 18 who are married or have been legally emancipated. (B) "Parent" means birth parents, adoptive parents, and step - parents. (C) "Guardian" means an adult appointed pursuant to Minn. Stat. §525.6155 or §525.6165 htt / /Www. hennepin. mn. us /vgn/ portal /intemet/hcdetailmaster /0, 2300 ,1273_82636_100052394,00.html 9/21/2004 Hennepin County > Ordinance # 16 Juvenile Curfew Page 2 of 3 who has the powers and responsibilities of a parent as defined by Minn. Stat. §525.619. (D) "Responsible adult" means a person eighteen (18) years or older specifically authorized by law or by a parent or guardian to have custody and control of a juvenile. 0 "Public Place" means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops. (F) "Emergency" means a circumstance or combination of circumstances requiring immediate action to prevent property damage, serious bodily injury or loss of life. (G) "Serious bodily injury" means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss of impairment of the function of any body part or organ. (H) "Establishment" means any privately -owned place of business to which the public is invited, including but not limited to any place of amusement, entertainment, or refreshment. (I) "Proprietor" means any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation. SECTION 3: PROHIBITED ACTS • (A) It is unlawful for a juvenile under the age of 12 to be present in any public place or establishment within Hennepin County: 0 (1) any time between 9:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday and 5:00 a.m. of the following day. o (2) any time between 10:00 p.m. on any Friday or Saturday and 5:00 a.m. on the following day. • • (B) It is unlawful for a juvenile, age 12 to 14, to be present in any public place or establishment within Hennepin County: o (1) any time between 10:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday and 5:00 a.m. of the following day. 0 (2) any time between 11:00 p.m. on any Friday or Saturday and 5:00 a.m. on the following day. • (C) It is unlawful for a juvenile, age 15 to 17, to be present in any public place or establishment within Hennepin County: 0 (1) any time between 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday and 5:00 a.m. of the following day. o (2) any time between 12:01 a.m. and 5:00 a.m. on any Saturday or Sunday. • (D) It is unlawful for a parent or guardian of a juvenile knowingly, or through negligent supervision, to permit the juvenile to be in any public place or establishment within Hennepin County during the hours prohibited in paragraphs (A), (B) and (C) of this section. • (E) It is unlawful for a proprietor of an establishment within Hennepin County to knowingly permit a juvenile to remain in the establishment or on the establishment's property during the hours prohibited in paragraphs (A), (B) and (C) of this section. If the proprietor is not present at the time of the curfew violation, the responding officer shall leave written notice of the violation with an employee of the establishment. A copy of the written notice shall be served upon the establishment's proprietor personally or by certified mail. SECTION 4: DEFENSES • (A) It is an affirmative defense for a juvenile to prove that: o (1) the juvenile was accompanied by his or her parent, guardian, or other responsible adult. O 0 (2) the juvenile was engaged in a lawful employment activity or was going to or returning home from his or her place of employment. 0 (3) the juvenile was involved in an emergency situation. 0 (4) the juvenile was going to, attending, or returning home from an official school, religious, or other recreational activity sponsored and /or supervised by a public entity or a civic organization. o (5) the juvenile was on an errand at the direction of a parent or guardian. http: / /Www.co.hennepin.mn.us /vgn /portal /intemet/hcdetailmaster /0, 2300 ,1273_82636_100052394,00.html 9/21/2004 Hennepin County > Ordinance # 16 Juvenile Curfew Page 3 of 3 o (6) the juvenile was exercising First Amendment rights protected by the United States Constitution or Article I of the Constitution of the State of Minnesota. o (7) the juvenile was engaged in interstate travel. • o (8) the juvenile was on the public right -of -way boulevard or sidewalk abutting the property containing the juvenile's residence or abutting the neighboring property, structure, or residence. • (B) It is an affirmative defense for a proprietor of an establishment to prove that: o (1) the proprietor or employee reasonably and in good faith relied upon a juvenile's representations of proof of age. Proof of age may be established pursuant to Minn. Stat. §340A.503, subd. 6, or other verifiable means, including, but not limited to, school identification cards and birth certificates. o (2) the proprietor or employee promptly notified the responsible police agency that a juvenile was present on the premises of the establishment during curfew hours. SECTION 5: PENALTY • (A) Violation of Section 3(A), (B) or (C) will be prosecuted pursuant to Minn. Stat. §260B.235 and will be subject to the penalties therein. • (B) Violation of Section 3(D) or (E) is a misdemeanor and will be subject to the penalty set forth in Minn. Stat. §609.03. SECTION 6: REVIEW The County Board shall conduct yearly reviews of this ordinance to assess the effectiveness of and continuing need for a juvenile curfew. Prior to the annual review, the County Attorney shall prepare and submit a report to the County Board evaluating violations of this ordinance and juvenile crime and victimization during the preceding year. SECTION 7: EFFECTIVE DATE ordinance shall take effect on July 1, 1995. This ordinance was current when published on this web site. To be certain that it has not been amended, contact the Hennepin County Attorney's Office, at the email address shown on the right. Printer- Friendly Version REFERENCE Home I Your Countv Government I Licenses Cert s& Registration I Employment & County t3oard Meetings Volunteerina I Health. Housina. & Social Services Law, Public Safetv. & Courts I Departments &Agencies Environment. PCODerty. & Transoortation Newsroom Office Locations Copyright © 2004 Hennepin County, Minnesota www.Hennepin.us O Accessibility Policv I Contact Hennepin Countv I Security /Privacv Statement Phone Directory Reports, Plans, & Studies • hq: / /www.co.hennepin.mn.us /vgn/ portal /intemet/hcdetailmaster /0, 2300 ,1273_82636_100052394,00.html 9/21/2004 e REGULATING THE PRESENCE OF MINORS UNDER THE AGE OF EIGHTEEN YEARS ON PUBLIC STREETS AND OTHER PLACES BETWEEN CERTAIN HOURS. AND DEFINING DUTIES OF PARENTS AND OTHERS IN CARE OF MINORS Curfew Section 19 -301. UNLAWFUL ACTIVITY OF MINORS UNDER THE AGE OF 16 YEARS. It shall be unlawful for any person under the age of 16 years to be on or present upon any public street, avenue, park, playground, or place open to the public, or place of amusement and entertainment, vacant lot, or other unsupervised place in the City of Brooklyn Center between the hours of 10 p.m. Sunday through Thursday and 11 p.m. Friday and Saturday and 5 a.m. of the following day; provided, however, that the provisions of this section shall not apply to any such minor person who is accompanied by his or her parent, guardian or other adult person having the authorized care and custody of such minor person, or when such minor person is upon an emergency errand or legitimate business directed by his or her parent, guardian or adult person having authorized care and custody of such minor person. The fact that such minor person, unaccompanied by parent or other adult person having authorized care and custody of such minor person is found upon or in any such place within the City after said 10 p.m. Sunday through Thursday and 11 p.m. Friday and Saturday and before said 5 a.m. shall be prima facie evidence that said minor person is there unlawfully. • Section 19 -302. UNLAWFUL ACTIVITY OF MINORS UNDER THE AGE OF 18 YEARS AND OF THE AGE OF 16 YEARS AND OVER. It shall be unlawful for any person under the age of 18 years and any person who has attained the age of 16 years and over to loiter, idle, wander, stroll, or play in or upon any public street, avenue, alley, park, playground, or place open to the public, or place of amusement and entertainment, vacant lot, or other unsupervised place in the City of Brooklyn Center, between the hours of 12 midnight of any day and 5 a.m. of the following day; provided, however, that the provisions of this section shall not apply to any such minor person who is accompanied by his or her parent, guardian or other adult person having the authorized care and custody of such minor person, or when such minor person is upon an emergency errand or legitimate business directed by his or her parent, guardian or adult person having authorized care and custody of such minor person. The fact that such minor person, unaccompanied by parent or other adult person having authorized care and custody of such minor person, is found upon or in any such place within the City after 10 p.m. and before said 5 a.m., shall be prima facie evidence that said minor person is there unlawfully. • City of Brooklyn Center 19 -10 City Ordinance • Section 19 -303. ENFORCEMENT AUTHORITY. Any minor person under the age of 18 years, unaccompanied by parent, guardian or other adult person having authorized care and custody of said minor person, who shall be found on or in any public street, avenue, alley, park, or other place in violation of Section 19 -301 or 19 -302, and who do not appear to be upon emergency errand or legitimate business directed by parent, guardian, or other adult person having authorized care and custody of such minor person, may be sent or taken home or placed under proper custody by any police officer of the City. Section 19 -304. UNLAWFUL FOR PARENT, GUARDIAN OR OTHERS TO ALLOW VIOLATION. It shall be unlawful for any parent, guardian or other adult person having authorized care, custody of control of any person under 18 years, to allow or to permit such person to violate the provisions of Sections 19 -301 or 19 -302. Section 19 -305. UNLAWFUL FOR BUSINESS PERSON TO ALLOW VIOLATION. It shall be unlawful for any person operating or in charge of any place of amusement, entertainment or refreshment, or other place of business, to permit any minor under the age of 18 years to loiter or idle in such place contrary to the provisions of Section 19 -301 or 19 -302 and he shall immediately order such minor person to leave, and if such person refuses to leave such place, he shall immediately notify the police department of the violation. Section 19 -306. OTHER ORDINANCES NOT REPEALED. This ordinance shall not be construed as permitting the presence at any time of any person under the age of 18 years in any place where his presence is now prohibited by any existing law or ordinance. Section 19 -307. PENALTIES. Any minor violating the provisions of Section 19 -301 or 19 -302 shall be dealt within accordance with juvenile court law and procedure. Any person, guardian or other adult person or persons having authorized care and custody of such minor, violating Section 19 -304 and 19 -305 shall be punishable by a fine of not more than one thousand dollars ($1,000) or by imprisonment not to exceed ninety (90) days or both, together with the costs of prosecution. Section 19 -308. SEPARABILITY. It is the intention of the city council that each separate provision of this ordinance shall be deemed independent of all other provisions herein, and it is further the intention of the city council that if any provision of this ordinance be declared invalid, all other provisions thereof shall remain in force and valid. Section 19 -309. REPEAL OF PRIOR ORDINANCE. The ordinance regulating the presence of minors under the age of 16 years on or in streets or public places between certain hours and defining duties of parents and others in the care of minors and providing for arrest and penalties for violation thereof now codified as Section 19 -301 through Section 19 -307, inclusive, is hereby repealed and the foregoing sections shall be inserted in accordance with the section numbers as designated herein. Section 19 -310. EFFECTIVE DATE. This ordinance shall take effect from and after its publication. • City of Brooklyn Center 19 -11 City Ordinance City Council Agenda Item No. 9e 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: September 22, 2004 SUBJECT: Resolution Establishing Fee for Potentially Dangerous and Dangerous Dog Registration At its June 14, 2004, meeting, the City Council adopted Ordinance No. 2004 -12 relating to the regulation of potentially dangerous and dangerous dogs in the City of Brooklyn Center. Section 1 -265 of the City Code of Ordinances provides that the City will charge the owner a fee to obtain a certificate of registration for a potentially dangerous or dangerous dog and a reasonable fee to cover its administrative costs and the costs of a warning symbol. Hennepin County registers dangerous dogs and charges a fee of $35.00 annually. The County requirements for the registration of a dangerous dog are similar to the City's requirements, and it is • therefore recommended that the City's fee for potentially dangerous and dangerous dog registration be set at $35.00 annually. This fee would cover the administrative costs and the costs of providing the owner with a warning symbol. Attached is a resolution establishing the fee for potentially dangerous and dangerous dog registration. Attachment 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cityofbrooklyncenter.org • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING FEE FOR POTENTIALLY DANGEROUS AND DANGEROUS DOG REGISTRATION WHEREAS, on June 14, 2004, the City Council adopted Ordinance No. 2004 -12 relating to the regulation of potentially dangerous and dangerous dogs in the City of Brooklyn Center; and WHEREAS, Section 1 -265 of the City Code of Ordinances provides that the City will charge the owner a fee to obtain a certificate of registration for a potentially dangerous or dangerous dog and a reasonable fee to cover its administrative costs and the costs of a warning symbol. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the annual fee for the registration of a potentially dangerous or dangerous dog shall be $35.00 and shall not be prorated or refunded. • September 27, 2004 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. I City Council Agenda Item No. 9f Office of the City Clerk City of Brooklyn Center A Millennium Community T MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk � DATE: September 22, 2004 SUBJECT: Mayoral Appointment to Planning Commission Planning Commission (one vacancy) The Planning Commission is composed of a chairperson and six members. There exists one vacancy on the commission. The expiration of the term is December 31, 2005. Notice of vacancy on the Planning Commission was posted at City Hall and Community Center and on the City's web site and aired on Cable Channel 16 from August 2, 2004, through September 2, 2004. Announcement was made in the August 12 and 19, 2004, editions of Brooklyn Center Sun -Post. A letter was sent to those persons who previously had submitted an application for appointment to a Brooklyn Center advisory commission informing them of the vacancies and requesting that they call the City Clerk if they are interested in applying for either commission. They were given the choice of either reapplying or having their application • previously submitted considered. Notices were also sent to current advisory commission members. Attached for City Council Members only are copies of the applications received: Rachel Lund 4502 58th Avenue North, #301 Robert Paulson 7012 France Avenue North A letter was sent to the applicants notifying them that their application for appointment would be considered at the September 27, 2004, City Council meeting. As requested by the City Council, the City Advisory Commission Bylaws and City Council Resolution Establishing the Planning Commission Duties and Responsibilities are not included in the materials but can be found on the City's web site at www.citvofbrooklvncenter.orv- and clicking on Mayor/ Council/ Commissions/ Charter, then Advisory Commissions. The membership roster is also available at this site. Other attachments include: 1) Memorandum from Mayor Kragness indicating her nomination. 2) Procedures for filling commission vacancies adopted by the City Council on March 27, 1995. 3) Geographical distribution of current members and applicants. Recommended Council Action: Motion by Council to ratify the Planning Commission nomination by Mayor Kragness with term expiring December 31, 2005. 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.cityolbrooklyncenter.org Office of the Mayor OX City of Brooklyn Center - A Millennium Community MEMORANDUM TO: Councilmember Kathleen Carmody Councilmember Kay Lasman Councilmember Diane Niesen Councilmember Bob Peppe FROM: Myrna Kragness, Mayor DATE: September 22, 2004 SUBJECT: Planning Commission Appointment As outlined in our policy for filling commission vacancies, I would request ratification from Council Members for the following nomination: Rachel Lund 4502 58th Avenue North, #301 I i ' 0301 Shingle g e 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.cityolbrooklyncenter.org • City of Brooklyn Center Procedures for Filling Commission /Task Force Vacancies Adopted by Council 3/27/95 The following process for filling commission/task force vacancies was approved by the City Council at its March 27, 1995, meeting: Vacancies in the Commission shall be filled by Mayoral appointment with majority consent of the City Council. The procedure for filling Commission vacancies is as follows: 1. Notices of vacancies shall be posted for 30 days before any official City Council action is taken; 2. Vacancies shall be announced in the City's official newspaper; 3. Notices of vacancies shall be sent to all members of standing advisory commissions; 4. Applications for Commission membership must be obtained in the City Clerk's office and must be submitted in writing to the City Clerk; • 5. The City Clerk shall forward copies of the applications to the Mayor and City tY Council; 6. The Mayor shall identify and include the nominee's application form in the City Council agenda materials for the City Council meeting at which the nominee is presented; 7. The City Council, by majority vote, may approve an appointment at the City Council meeting at which the nominee is presented. • COUNCIL PROCEDURES ESTABLISHED FOR FILLING COMMISSION VACANCIES • City of Brooklyn Center Planning Commission Geographical Distribution (Chairperson and Six Members) Current Members September 22, 2004 Neighborhoods A licants "} Current Members Southeast Northeast Sean Rahn 601 70th Avenue North, #114 Timothy Roche 816 69th Avenue North Tim Willson • 6718 Colfax Avenue North Northwest Rttbelt't P`aulonL" " -70i -- - " ranee` Avenue North >';` West Central Rachel 450T 58th Aveinie N6irth4301 Central Rex Newman 3107 61 st Avenue North Dianne Reem 6225 Chowen Avenue North Southwest Graydon Boeck 5601 Indiana Avenue North One vacancy. e City Council Agenda Item No. 9g • • OX City of Brooklyn Center A Millennium Community To: Mayor Kragness and Council Members Carmody, Lasman, Niesen, and Peppe From: Michael J. McCauley City Manager Date: September 22, 2004 Re: Plymouth Watershed meeting Attached is the invitation to participate in a meeting of cities to discuss long term capital strategies for the Watershed Management commissions. The 1" meeting is on October 14 The invitation requests participation by an elected official and a staff person. If the Council would like to participate, I would request that the Council appoint one of its members to attend. I will make arrangements for a staff member. One item that should be considered for addition to the topic list is the issue of service provision. The watershed currently use consulting engineering firms to provide staff support. Plymouth itself has a staff person working on water quality issues. It may well be more cost effective to have staff support to the commissions provided by a city such as • Plymouth with a large staff at a much lower hourly cost than using consulting engineering firms etc. to provide basic support and educational outreach. If the Council concurs is suggesting that additional area of discussion, I would proceed on that basis. 0 6301 Shingle Creek Parkway y Recreation and Community Center Phone &TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cityofbrooklyncenter.org • September 14, 2004 Michael McCauley CITY OF City of Brooklyn Center PUMOUTR 6301 Shingle Creek Pkwy Brooklyn Center, MN 55430 Dear Mike: I would like to invite you to attend a meeting on Thursday, October 14, at 7 p.m. to discuss issues regarding the Shingle Creek Watershed Management Commission. The meeting will be held at the Plymouth Creek Center, 14800 34 Avenue North (see enclosed map). It would be great if your City could send one elected official and one appointed official to participate in the discussion. I have also invited the commissioners of the Shingle Creek Watershed Management Commission to attend. We can begin the meeting on October 14 by establishing the agenda, but some items for discussion could include: • What are some appropriate long -term strategies for funding capital improvement e projects and special studies such as TMDLs and resource management plans? ■ What kinds of improvements and other projects the Commission should pay for, and what is the appropriate means of funding them? • How should items that are not general operating expenses nor capital improvement— special studies, large maintenance projects, and programs —be funded? • Should the Commission request the County to levy an ad valorem tax to fund certain projects and, if so, what kinds? • What is your reaction to the proposed joining of the Shingle Creek and West Mississippi Commissions? Please RSVP with Allison'Hoskins at 763 -509 -5066 or ahoskins @ci.plymouth.mn.us. I look forward to seeing you on October 14. Sincerely, Laurie Ahrens Plymouth City Manager Enclosure • PLYMOUTH A Beautijil Place to Live 3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447 -1482 • TELEPHONE (763) 509 -5000 © °m� www.d.plymouth.mmus • 14800 34th Ave N Plymouth, MN 55447 -5289 47th N Av 11 4 P1 ---- -• :. 37th Ave !V 'r � - - z r # j iry 35th Ave td ` . At A t` w 32nd rove 9d t ` T �c 1 �G t '1C11➢Cttt �} PI `r D2 DD4 Yahves. X 02003 NAUTEQ r When using any driving directions or map, it's a good idea to do a reality check and make sure the road still exists, watch out for construction, and follow all traffic safety precautions. This is only to be used as an aid in planning. Copyright © 2004 Yahoo! Inc. All rights reserved. Privacv Policv - Terms of Service - Coovriaht Policv - Yahoo! Maos Terms of Use - Help - Ad Feedback • H AGENDA CITY COUNCIL WORK SESSION September 27, 2004 Immediately Following Regular City Council Meeting at 7:00 P.M City Council Chambers 1. Fund balance transfer for Street Reconstruction, Capital Projects, and Technology Funds 2. Miscellaneous 3. Adjourn City of Brooklyn Center A Millennium Community To: Mayor Kragness and Council Members Carmody, Lasman, Niesen, and Peppe From: Michael J. McCauley City Manager Date: September 17, 2004 Re: Fund Balance Transfer Past practice has been to transfer monies from the General Fund balance for capital purposes from unspent monies accumulated in the General Fund. Those transfers follow the fund balance policy that targets 45% of the General Fund Balance as the amount necessary for cash flow purposes. The policy also limits the transfer from General Fund Balance to 50% of the amount of fund balance above 45% at the end of the previous year. At the close of 2003, the amount of money that could be transferred in 2004 was $940,464. Transfers have been an integral part of funding street reconstruction and capital projects. The new technology fund is spinning off some of the larger technology components of the capital projects fund. I would propose -transferring $940,464 of General Fund Balance as follows: Street Reconstruction Fund $620,464 Capital Projects Fund $100,000 Technolo2v Fund 5220.000 $940,464 The Auditor suggested that the City might wish to revisit its fund balance policy. The Financial Commission began that process at its September 9 meeting. Staff is drafting a revised policy for Commission discussion. The general direction given by the Financial Commission would be to increase the fund balance target to 50'— 52% of the upcoming budget year, but to transfer all of the excess above that target before the end of the year. This would close the year out at the target fund balance, rather than carry funds over and inflate the fund balance. Some of those funds are utilized for street reconstruction funding in future years, but the State Auditor reports these funds as though they were excess funds, without recognizing their intended use for future capital needs. The proposed transfers would be well within the targets being considered by the Financial Commission since transferring 50% of the amount above the 45% fund balance requirement results in an amount greater than 50% of the General Fund Budget. (2004 General Fund Budget = $12,982,258 X 50% = $ 6,491,129; 2003 General Fund Ending Balance = $ 8,017,080 - $940,464 = $7,076,616 which is $585,487 > than 50% of the 2004 General Fund Budget) 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDP Number Brooklyn Center, MN 55480-2199 (768) 569-3400 City Hall & TDD Number (763) 569-3300 FAX (763) 569-3434 FAX (763) 569-3494 - www.cityolbrooklyncenterorg The larger amount of fund balance is partially the result of a greatly reduced Genf Fund budget, which in turn reduces the fund' balance requirement. The other impact is that the 50% of the amount above the fund balance requirement limitation on transfers beeps money in the fund balance for years after unspent monies have been accumulated. (If additional revenues such as delinquent taxes are received in a year and expenditures are below budget, then only a '/a of that amount can be transferred, but the entire amount is theoretically never transferred since only ' /z can be transferred in a year.) In the technology area, there is a direct need for hands to manage the transition to 900 Mhz. as set forth in the attached memorandum from Chief Bechthold. We will need $156,023 to match grant monies for the equipment described in Chief. Bechthold's memorandum. In past iterations of the Capital Improvements Fund, a place mar6r was carried for radio system replacement/upgrade. The amount was unknown and the place marker was removed. The ongoing needs of the street plan require transfers in addition to the monies generated by the franchise fees. r t Brooklyn Center, - Minnesota i City of Audit Management Letter General Fund A summary of General Fund balance for the past three years is as follows: General Find Balance Component 12131/2001 12/31/2002 12/31/203 f Reserved for advances to other funds $105,074 $105,074 $105,074 Designated for working capital 6,437,653 6,527,973 6,031,077 Subtotal 6,542,727 6,633,047 6,136,151 Reserved for prepaids - 68,279. 5,309 Undesignated 891,145 1,228,448 1,875,620 Total $7,433, $7,929,774 $8,017,080 Workine Capital Reserve The City adopted an "adequate fund balance policy formula" in 19$0. This policy defines the minimum fund balance elements as follows: 2001 2002 2003 1. Items not readily convertible to cash: $67,164 $53,4$9 $57,908 a. Accounts receivable b. Advances to other funds 105,074 105,074 105,074 c. Restricted assets - 131,153 t 2. Amount appropriated to the ensuing - year's budget 19,305 - 3. Amounts reserved to working capital (45% of current year budget less debt service) 6,351,188 6,474,484 5,842,016 $6,542,727 $6,633,047 $6,136,151 BROOKLYN CENTER POLICE DEPARTMENT MN MEMORANDUM TO: Mike McCauley, City Manager FROM: Scott Bechthold, Chief of Police DATE: August 13, 2004 SUBJECT: Transition to 800 MHz I am requesting authorization to purchase the necessary consolettes, electronics, mobiles and portables to convert to the 800MHz radio system by the end of 2004. The total cost for dice and fire to transition to 800 MHz will be 360,294. Grants received will cover approximately 43 % of the purchase. The city's total cost for this transition will be $156,023.93. In August of 2003, the City of Brooklyn Center received a grant from the Department of Public Safety, Division of Homeland Security and Emergency Management in the amount of $159,600 to purchase 800MHz radios. The city is required to use these funds by January 30, 2005 or it will lose the funding. The city also received a second grant in the amount of $218,241 from the State's Allied Radio Matrix for Emergency Response (ARMER.). These funds are allocated specifically for the build out of infrastructure and therefore cannot be applied to the purchase of mobiles and portable. They can be used for the purchase of two consolettes for the Dispatch Center. The total estimated cost for the move to 800MHz is $360,294. The grant will cover approximately 43% of the expense to complete the transition to the 800MHz radio system. In 1990, discussions among metro area cities, counties, and state agencies for the planning of a statewide radio system began. Interest in such a system came about due to severe interference with the VHF /UHF systems in use and an interest in increased interoperability among public safety agencies. In 1996 the Legislature funded the construction for the backbone of an 800MHz radio system in the metro area. The first phase of the system became operational in 2002. Those agencies first on board were the City of Minneapolis Police and Public Works, the City of Richfield, Hennepin County Sheriff and Public Works, Carver County Sheriff and Public Works, State of MN DOT, State Patrol, and DNR, Metro Transit and North Memorial Medical Transportation. After September 11, 2001, it was apparent that public safety agencies needed the ability to interact via radio with outside agencies to be effective. The 800MHz; radio system now provides coverage in the nine county metro area, enhanced voice security, more talk space, shared resources, improved interoperability, enhanced system redundancy, and flexibility of expansion. Currently, the Brooklyn Center Police and Fire Departments operate on VHF frequencies and have limited interoperability with surrounding agencies due to these agencies earlier conversion to the 800MHz radio system. At this time, should a significant incident occur in Brooklyn Center, there would be limited resources available to tie the VHF system to the 800MHz radio system, thus isolating Brooklyn Center from neighboring communities. It is important for the city to convert to 800MHz for the following reasons: 1. Interoperability is critical to public safety operations. There are numerous occasions where the Brooklyn Center Police Department either needs the assistance of a neighboring agency or is assisting a neighboring agency. Being able to communicate is a high priority for officer safety. I. Having additional channels to communicate is important when running details while handling day-to-day activities without interruption. Those details may include the Emergency Operations Unit, the drug task force, or a special patrol detail. I Concern for officer safety while officers and detectives are working on follow-up investigations outside of the cities current radio coverage area. 4. More secure radio transmissions. 5. Less frequent or elimination of equipment failures. The current system has more frequent equipment failures because it is an aging system. The estimated cost to transition the Brooklyn Center Police and Fire Departments to the 800MHz radio system is $360,294. This figure does not take into account the $159,600 grant from the Department of Public Safety, Division of Homeland Security and Emergency Management, which must be used to acquire mobile and portable radios. A second grant in the amount of $218,241 from the State's Allied Radio Matrix for Emergency Response (ARMER) funds is allocated specifically for the build out of infrastructure, and therefore cannot be applied to the purchase of mobiles and portables. A rough estimate for the City of Brooklyn Center to build the necessary infrastructure and fully equip a communications center is around $800,000. Because the future of the Dispatch Center is uncertain, it is not recommended that the city incur this expense. Rather, it is recommended 'that the city use $11,646.00 of the grant funding to purchase two consolettes for the Dispatch Center. These consolettes are a temporary solution, which can be utilized short term until a decision is made regarding the future. of the Dispatch Center. In conclusion, I am requesting the city authorize the purchase-of consolettes, electronics, mobile and portable radios for the conversion to the 800MHz radio system. A breakdown of the expenses is as follows: 1. Purchase two additional RF control stations to allow for the dispatching and scanning of police and fire operations. Matrix # 1--Mi "ation o sts: Consolettes r = C M onso1 = etWs $5,173 2 F $ $ 1,300 001 � Installation $650.00 2 ► 1 Sub Total .. $11 A.RMEIt Grant 0 646.E 2. Purchase 45 mobile radios to equip police and fire vehicles and 60 portable radios equipped with accessories to equip police and fire personnel. Matrix #2—Migration Costs: Mobiles and Portables Police Mobiles $3,466.21 29 $ Installation—police m obiles $16$.62 29 . Fire Mobiles $3,334.43 16 � $53,351.00 i f Insta llation -fire mobiles $2 16 $3,362.21 s Accessories $2,675.59 51 $136,473.56 Police I Fire Portables & Accessories $2,837.79 7 6 � $17, 026.75 Sub - Total $315,623.87 E DPS Grant ' ($159,0 3. Fund recurring yearly Hennepin County Subscriber Fees and MRB User Fees. Matrix 1#13 —Mi ation Costs: R Fees for 2005 Police & Fire 800 MHz "'ion' Hennepin County $17.50 $210.00 129 $27,0901:00 Subscriber Fees Board User $5,934.OQ } Metro Radio Bo Fees $46.010 129 I am recommending that the city authorize the purchase of the necessary consolettes, electronics, mobiles and portables and recurring flees to convert to the 80OMHz radio system by the end of 2004. The total cost for police and fire to transition to 800 MHz will be 360,294. Grants received will cover approximately 43% of the purchase. The city's total cost for this transition will be $156,023.93. ' This figure is already figured into the 2005 budget for the police department. R101118 CITY OF BROOKLYN CENTER 919/2004 13:08:50 LOGIS0004 Balance Sheet Page - 49 As of August 31, 2004 •«•« Amounts Change Description Current last Month End Last Year End This Month This Year 40600 CAPITAL RESERVE EMERGENCY FUND 1000 ASSETS 1001 CURRENT ASSETS 1095 POOLED CASH 8 INVESTMENTS 626 ,603.93 626,603.93 482,026.92 134,577.01 1200 ACCOUNTS RECEIVABLE 1300 DUE FROM OTHER FUNDS 1305 DUE FROM OTHER FUNDS 158,933.01 158,933.01- 1300 DUE FROM OTHER FUNDS 158,933.01 158,933 01- 1320 DUE FROM OTHER GOVT UNITS 1550 ADVANCES TO OTHER FUNDS 709,90 9.03 709,969.03 709,960.03 1t>01 CURRENT ASSETS 1,338.572.96 1,338,572.98 1,380.928.96 24.358.00- 1000 ASSETS 1.336,572.98 1.36$72.96 1.380,926.96 24.356.00- 2000 LIABILITIES 2001 CURRENT IMP- 103 2010 ACCOUNTS PAYABLE 2015 VOUCHERS PAYABLE 24,336.04 24,356.00- 2010 ACCOUNTS PAYABLE 24,356.00 24,356.00- 2100 SALARIES & BENEFITS PAYABLE 2200 DUE TO OTHER FUNDS 2250 DUE TO OTHER GOVERNMENT UNITS 2400 DEFERRED REVENUE 2001 CURRENT LIABILITIES 24,356.04 24,356.00 - 2000 LIABILITIES 24,358.00 24,356.M r 3000 FUND EQUITY 3001 CONTREIUTED.CAPITAL' 3501 FLIED BALANCE 3510 RESERVED FUND BALANCE 3660 UNRESERVED FUND BALANCE 1 .96 1.336.672.96 1.336.572.96 R10111B CITY OF BROOKLYN CENTER 9l9C2004 13:48:50 LOG150004 Balance Sheet Page - 50 As of August 31, 2004 .. Amounts .«« .« Chance Description Current Last Month End Last Year End This Month This Year 3501 FUND BALANCE 1,336,572.96 1,336,572.96 1,336,572.96 3000 FUND EQUITY 1,338,572.98 1,336,572.96 1,336,572.96 I } RIQ111B CITY OF BROOMYN CENTER ' 919V2fl04 23;118:50 LOG1S0004 Balance Sheet pop _ 56 As of August 31, 2004 Amounts ..«...s «. +s ................ Change Description Current Last Month End Last Year End This Month This Year 41000 TECHNOLOGY FUND 1000 ASSETS 1001 CURRENT ASSETS 1095 POOLED CASH & INVESTMENTS 227,000.00 227,000.00 275,000.00 48 '1001 CURRENT ASSETS 227,000.00 227,000.00 275.000.00 48.000.00- 1000 ASSETS 227,000.00 227,000.00 275,000.00 48,000.00- . I 2000 LIABILITIES 2001 CURRENT LIABILITIES 2910 ACCOUNTS PAYABLE 3000 FUND EQUITY 3801 FIND BALANCE 3600 IN RESERVED FUND BALANCE 275 .000.00 275,000.00 275,000.00 3969 NET OF REVENUES & EXPENDITURES 48 ,000.00 - 40,000.00- 48.000,00- 3501 FUND BALANCE 227.000.00 227,000.00 275,000.00 48.000.00- 3000 FUND EQUITY 227,OOOM 227,000.00 275,000.00 48.000.00- . r Page 1 of 1 Michael McCauley From: Patty Hartwig Sent: Thursday, September 09, 2004 2:04 PM To: Michael McCauley Subject: RE: Technology Fund Balance $48,000 is 80% of the fiber link from LOGIS to City Hall. The link will be completed in October, at that time the remaining $12,000 will be due. I also just ordered necessary equipment needed for this link $10,900. Total $70,900. I am working on a document that will layout costs and savings by having fiber between City Hall, Polio, Public Works and Earle Brown Heritage Center. We have discussed this as a possibility for 2005. Also, we should be receiving the Microsoft Office Rebate soon - $23,000. We have discussed this going into the Technology Fund. From: Michael McCauley Sent: Thursday, Sept=ember 09, 2004 1:16 PM To: Fatty Hartwig ` Cc: flan Jordet Subject: Technology Fund Balance I note $48,000 has been spent from the Technology Fund. I assume this was for .Fiber optic. Is it correct that there are no other claims on the Technology Fund at this time? I am looking at taking $157,000 from the fund to pay for the police 800 mhz radio and possibly transferring some from Capital Emergency Fund suplus to cover or Capital. 09/09/2004