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Home My WebLink About2003 02-10 CCP Regular Session 6 . AGENDA CITY COUNCIL STUDY SESSION February 10, 2003 6:00 P.M. Council Commission Conference Room 1. City Council discussion of agenda items and questions 2. Council Member Niesen discussion of assistant city manager hiring process 3. Requests for Council resolution a. Amy Lusebrink i. Request to support Xcel Energy's Metro Emissions Reduction Project 4. Miscellaneous 5. Adjourn Log Number. 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Strategy: Risk action plan: O Avoidance O Protection O Reduction O Research O Reserves O Transfer , Quantitative target: Comments: Indicator: Threshold: Tag = Software Engineer System ngm yst Engineer Quality Assurance: Project Manager: Date: Date: Date: Date: FIGURE 4.5 Risk management form. ' MN0TJN- News Archive Page l of ��m C ..W- Friday, Feb. 7, 20 �� @�0�� -- �� Click Here Select aTown: �� 8ue�murv*n �� ' �~��] K8NSun Arohiveo - Classifieds 4��-��=' Election FinonoeCa|o ��^�� ^�� u�� omu~~..=.��~~" .~~.~n��..~~ Net Directory Nu1ritionCo|o By Brett Johnson Weather Sun Newspapers (Created 5/15/02 8:50:00 AM) Contact Us How to The Brooklyn Park City Council accepted the resignation of Advertise City Manager Curt Boganoy May 8ina5'2decision. Ad Rates Jobs AtSun Mayor Grace Arbogast said she reluctantly voted to accept his neo|gna1ion, which is effective May 31. ^| enjoyed working with Mr. Boganey. and | wish him vve||.^ Al Arbogast said. Special Sections Some members of the council asked BoganeyUm resign in mid- Fall Homes April. In the weeks before his reoigna1ion, attorneys for the city Who's Who and Bogonay worked out asettlement. NETD|RECTom Forms Counci|n`emboro Rand Haglund and Tony Pistilli voted against |n Memory Of the separation agreement because ofa$2G.ODO payment and additional payments not specified in BoQanay'm 1995 Let |tBoKnown employment contract. m»mmSM Fmff Cole Sport Shots Post Cards Of Yot Wobsf to For On tj Stork Report "Negotiations were done when the contract was signed, it $95 Private Party AUForm doesn't seem necessary when you have on at-will employee d an acon�oct^ Pistilli oaid ' SoaoohThe VVeb ' � Powered by: Ao called for in his contrac the city will pay for six months of - severance payments, a monthly car allowance of$525 and full | U | benefits, unless BoQaneyio hired elsewhere. 'Part m the r=mon/ox.o, o Network Bogonmy'e salary io$1OB.OBO. {Jn the condition that Bogoney will not sue the city, Brooklyn Park will pay him $2G.00O. The city also will pay $3.G7Oin attorney's fees and $5.UUO for expenses eoBoganeyseeks reemployment. Boganey'm severance and settlement total $92.1GU,plus benefits. The City Council did not identify how it would pay for his settlement. bon://wvvvv'nuouun.com/orobivc.aap?dioplay=story2&cyear 2/7/2003 MNSUN - News Archive Page 2 of 2 City Attorney Jim Thompson did not define what basis Boganey would have for a lawsuit, but it could range from claims of wrongful discharge to human rights violations, he said. As part of the agreement, the City Council will provide Boganey with a letter of reference. Thompson said that settlement negotiations included reviewing the severance agreement of former City Manager Craig Rapp. Rapp resigned under pressure from the City Council in 1995, and he received nine months severance. With the payment of $26,000 and his severance, Boganey settlement nearly equals nine months of his salary. Boganey was out of town at a Minnesota city and county manager's conference last week and was unavailable for comment. Councilmember Jeanette Meyer was part of a two - member negotiating committee that reviewed the settlement agreement prior to the council's vote. Given Boganey's generous contract Meyer said she was unhappy he would threaten to sue the city to receive more money, but it was better for the city to settle than to incur legal fees, which could be even more expensive than the settlement. This site and its contents 02000, 2001. Sun Newspapers - Main Office: 952 - 829 -0797 webinfo @mnsun.com - Created and maintained by Quantum Digital Interactive icorbo @quantumsite.com http: / /www.mnsun.com/archive. asp? display =story2 &year = 2002 &storyID=88700 2/7/2003 MNSUN - News Archive Page 1 of 2 s[ O EM Local recast Friday, Feb. 7, 20 Click Here Select a Town: Select a Town i V rte- GQIu' MNSun Archives r eirea bf Classifieds Election Finance Calc No one minded the store, but Net Directory that is changing Nutrition Calc Weather NA Contact Us (Created 7/24/02 9:02:00 AM) How to Advertise The state auditor's report that showed Brooklyn Park Ad Rates employees used $200,000 of taxpayer money in three years for golf outings, meals, and parties is shocking, but not Jobs At Sun surprising. Brooklyn Park fostered a culture of doing business that condoned such expenditures. Council members and mayors 1! 1 were lulled into thinking that lunch with the city manager simply Special Sections was part of the expense of city business. Fall Homes Who's who Employees believed it was OK to take a day off to play a round of golf paid by taxpayers. They were encouraged to have NET DIRECTory parties, buy doughnuts and play dress -up in rented tuxedos _.. Forms and costumes. After all, Brooklyn Park runs a $25 million r In Memory Of budget, so what's a few hundred dollars, or a few thousand, to Let It Be Known make the employees happy, was the attitude in City Hall. Got sao FuN coo Sport shots Only the most fiscally conservative would balk at the purchase Wo stee For Onnt) Stork Report of a box of doughnuts for a special occasion, or a meeting with $95 Private Partv Ad Form a developer that could only happen during the lunch hour. , r ,,;,, jW00001ri Search The Web Powered by: But in Brooklyn Park, occasional perks were routine, which is evidence of a systemic and far - reaching problem. A culture ( ncWe& = that supports repeated abuses is years in the making, and surely stretched far beyond the three years covered by the Part of the Twincities.cc state auditor. Network �SEare - - When it goes on for so long, no one attempts to stop what is common practice. The auditor's report casts a broad net of blame. The report indicates that the managers were the most complicit, often approving their own dubious purchases. Who wants to be the party pooper with that kind of deal going? The report details that former City Manager Curt Boganey ran http: / /www.mnsun.com/archive. asp? display =story2 &year = 2002 &storyED=92637 2/7/2003 MNSUN - News Archive Page 2 of 2 a "decentralized" department: each department director was in charge of his or her own budget. The person responsible for explaining how he was implementing the City Council's budget essentially relinquished his direct oversight. Moreover, after news of possible misspending came to light in the last year, the City Council was unaware that their decisions contributed to the problem. During investigations into spending practices, council members had to be reminded that they approved a policy to give employees purchasing cards — essentially credit cards backed by taxpayer money. Prior to the investigation, half of the city's 300 employees had a purchasing card. That number has since been reduced to around 100, which is still a lot. Between a manager who left spending decisions to his subordinates and a council that didn't know the ramifications of its decisions, no one was minding the store. The good news is that elections since 1998 have resulted in a shift from a blissfully unaware council to one that is eagerly involved. Boganey was pressured to resign and the council is searching for new and desperately needed leadership. A citizen -led task force is reviewing the budget this year and the council has discussed establishing an audit committee to review all expenses on a monthly basis. For Monday's meeting, council members were gearing up to 9 9 make it even more difficult to spend city on frivolities. P Y mone Y Residents will not soon forget these kinds of abuses and rightly so. The abuses documented by the state auditor reinforce all the bad stereotypes about wasteful government. Brooklyn Park City Hall should never be allowed to slide back into a culture that ignores its responsibility to use tax money wisely and justly. This site and its contents ©2000, 2001. Sun Newspapers - Main Office: 952- 829 -0797 webinfo @mnsun.com - Created and maintained by Quantum Digital Interactive icorbo@quantumsite.com http: / /www.mnsun.com/archive. asp? display= story2 &year = 2002 &storyED=92637 2/7/2003 MNSUN - News Archive Page 1 of 2 r ULM focal Forecast Friday, Feb. 7, 20 newspapers ' ` # Click Here 10:57:41 PM Select a Town: [Select a Town r -w =. CpQl MNSun Archives t r Classifieds `,- w-- Election Finance Calc Change is coming to City Hall Net Directory Nutrition Calc NA Weather (Created 7/31/02 8:30:00 AM) Contact Us To the editor: How to Advertise I am saddened by the headlines this past week about finances Ad Rates in Brooklyn Park. Jobs At Sun However, after having said that, let us not darken your or my thoughts about Brooklyn Park for the negligent deeds of a few. Everyone knows that there are people who seem to always take advantage of a situation either through scheming or just not caring. Special Sections Fall Homes I have always found that in my life and in business that we Who's who always have that 1 percent of bad guys who screw it up for the NET DIRECTory rest. We do have great people on our Brooklyn Park staff — so Forms let us not put blame on those who continue to do their jobs day after day. In Memory Of �� Let It Be Known The real blame lies in management. I find it distasteful that we Got 50 FuN coic Sport Shots aid big buck to it w not managing and Past cards Of Yau p g s a city manager who as g g Stork Report then also paid big bucks for him to leave. The leadership has wetstte For Onf) $ to take on the burden of leadership. This must change. Private Party Ad Form P 9 Search The Web And with the many who have stepped up to take on the Powered by: challenge of leadership in public office — I am sure that that will change. We need to be happy that there several residents AWrIncMesow, of our great city are stepping forward to run for public office. Pan of the rwincities.cc _ Network Seach- I don't know most of them, but I believe that what they have in mind is to do what is best for our city. All residents need to ------ - -. _ partake now and be a part of our precious democratic process. Put forth those issues that you hold in your thoughts so that they can be brought to light and make this a greater city than it is. If you don't take part is this precious democratic process — either stop complaining or don't complain. A big thanks to all those who are taking their valuable time to run for public office. Lyle Clemenson http: / /www.mnsun.com/archive. asp? display =story2 &year = 2002 &storyID =93012 2/7/2003 MNSUN - News Archive Page 1 of 2 V_ N_V� Local Forecast Friday Feb. 7, 20 ne's1apc �+ " Click Here 10.56:54PM Select a Town: +Select a Town ;t EGQLr MNSun ?" Archives + r Classifieds i.�;;ur.ure�: _h `': Election Finance Calc New leader should be able to Net Directory work with council's impulses Nutrition Calc Weather NA Contact Us (Created 5/22/02 8:56:00 AM) How to Advertise The search is on for a new executive to lead City Hall. There should be urg to the effort because while development Ad Rates g y p explodes in nearby cities like Maple Grove, Brooklyn Park Jobs At Sun languishes. l� `s r$ Some unhappy council members prompted the departure of City Manager Curt Boganey. Special Sections The lawyers hashed it out and $92,000 later, $34,000 of which, Fall Homes was negotiated to prevent a lawsuit, Boganey resigned. Who's Who NET DIRECTory Additional payments notwithstanding, the council made the right decision to accept his resignation. The leadership styles Forms of Boganey and the council had been increasingly at odds, F� / In Memory Of largely due to a change in the make -up of the council. Let It Be Known Get 500 FuN Cola Sport Shots Recent elections put together five council members who Post cards Of rot Stork Report support better scrutiny of practices at City Hall. More and more Wabolte For ool) often, the council has been questioning Boganey's policies and Private Party Ad Form procedures. Search The Web Powered by: We 've seen reviews of how employees use city credit cards, and a recent study of the benefits of outsourcing the city's I AWncweexorr information technology (IT) department. And then there was "Doug nut- " ate Part of the TwinCities.cc g g ,which looked into the appropriateness of Network roeaij buying party supplies, food and other items seemingly unessential to city affairs. These kinds of inquiries are healthy, but stressful, for any organization. While well intentioned, the City Council has gone about these investigations impulsively and without clear leadership, following the whims of one or two council members, rather than acting with deliberation or in unison. Then there was Boganey, who early in his 6 -1/2 -year tenure http: / /www.mnsun.com/archive. asp? display= story2 &year = 2002 &storyID=89164 2/7/2003 MNSUN - News Archive Page 2 of 2 i 9 enjoyed a largely hands -off council. He initiated, and the council accepted, a governance model that gave him plenty of executive power. The most telling sign of the power shift was when the council disassembled this policy last year. Information became the currency in the struggle between a newly assertive council and the city manager. Throughout 2001, council members proposed studies and made recommendations that disappeared into City Hall's bureaucracy for months at a time. An apartment screening program that took Brooklyn Center six months to approve has yet to be enacted in Brooklyn Park after it was first proposed in March 2001. Most initiatives eventually came back to the council, but sometimes it took repeated requests. On occasion, council members still had to restate their original ideas because they were not reflected in the city manager's recommendations. In seeking a new executive for City Hall, the council needs someone to fill the information gap and a manager that can direct the council's impulses for scrutiny and policy review. Recently the city has seemed gripped in a state of analysis paralysis. More importantly for Brooklyn Park residents, many of whom travel more frequently to Maple Grove to shop and eat, the city must find someone who can inject new dynamism into developing the city. This site and its contents 02000, 2001. Sun Newspapers - Main Office: 952 - 829 -0797 webinfo @mnsun.com - Created and maintained by Quantum Digital Interactive jcorbo @quantumsite.com http: / /www.mnsun.com/archive. asp? display= story2 &year = 2002 &storyED=89164 2/712003 City of Brooklyn Center A Millennium Community To: Mayor Kragness and Council Members C - ody, Lasman, Niesen, and Peppe From: Michael J. McCauley City Manager Date: February 6, 2003 Re: Assistant City Manager Selection Process As is our general practice, advertisements were used to solicit applications for the position of Assistant City Manager. The applications were screened against the minimum and the desired qualifications. Seven persons were invited to participate in an initial interview process. We assembled a technical panel consisting of Sharon Klumpp, the City Administrator of Falcon Heights, and Bob Thistle from Springsted. The 7 applicants were interviewed by the technical panel and then by Kelli Wick and me. Based on the evaluations made by the technical panel and by Ms. Wick and me, 4 persons were identified as finalists. As indicated in the December 13 Update to the City Council, the 4 persons selected as finalists were: Curt Boganey; 26 years of municipal experience as City Manager, Assistant City Manager, Township Manager, and Director of Planning and Community Development in Minnesota, Michigan, and Texas Masters Degree in Public Administration Robert Padmore 13 years of municipal & state government experience as Administrative Services Director, Director of Budget & Technology, Budget Manager, Management Analyst, Budget and Evaluations Analyst, and Budget Analyst in Iowa, Minnesota, South Dakota, and Kansas Masters Degree in Public Administration Michelle Morris 6 years experience in municipal government as City Administrator, Assistant to the Administrator/Economic Development Coordinator, Community Development Intern, and Administration Intern in Minnesota Working on Masters Degree in Public Administration Givonna Reed 5 years experience in municipal government and non - profit organization as Aide to City Council Member, Director of Community Initiatives, Assistant to the City Administrator, and Assistant City Administrator in Minnesota Masters Degree in Public Administration 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 Ms. Wick and I conducted interviews of the finalists during the week of December 30 Based on those interviews, the candidate's resumes, and knowledge of the candidates, Mr. Boganey was selected as the most qualified candidate. We were fortunate to have had 4 strong finalists. MEMORANDUM DATE: February 5, 2003 TO: Michael McCauley, City Manager FROM: Sharon Klumpp, Interim Assistant City Manager /Director of Public Works SUBJECT: Resolution Supporting Xcel Energy's Metro Emissions Reduction Project Amy Luesebrink, a Brooklyn Center resident, has asked that the City Council give its support to a resolution similar to one adopted by the City of Minneapolis (see attached resolution that has been modified for the City of Brooklyn Center). Other attachments include the materials provided by Ms. Luesebrink that were sent out with January 31 Council Update and a May 2, 2002 press release from Xcel Energy that provides additional information. The information about this project indicates that many benefits will be realized by converting the Riverside and High Bridge plants to natural gas and making substantial upgrades to the pollution control equipment at the King plant. However, there are many unresolved questions about the financing of these improvements. In Section 4, the attached resolution requests that the Minnesota Public Utilities Commission "ensure that costs of repowering are born equitably based on energy consumption, so that costs are not unfairly imposed on small, residential customers. " An Xcel representative indicated that the company would not necessarily be seeking a rate increase to recover the cost of these improvements. The company has either secured, or is in the process of securing, legislative approval to add a line item to utility bills instead of increasing rates. At this time, there is not a final funding proposal available for review. Without knowing how Xcel proposes to recover the costs of this project, it may be premature for the City Council to support the position in Section 4, which could be construed as supporting a rate increase. While the concern of equity and fairness to small residential customers are concepts that could be supported, how those concepts become translated into the amount that utility customers ultimately will pay for these improvements has many unknowns. At the study session, the City Council should consider if they would like to add this resolution to the February 10 agenda. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION SUPPORTING XCEL ENERGY'S METRO EMISSIONS REDUCTION PROJECT WHEREAS, Xcel Energy has proposed to convert the Saint Paul High Bridge Coal Plant and the Minneapolis Riverside Coal Plant to natural gas by 2008 and 2009, respectively, and to install best available pollution control technology at the Allen S. King Coal Plant in Oak Park Heights, by 2007, which proposal is known as the Metro Emissions Reduction Project; and WHEREAS, the Metro Emissions Reduction Project would reduce nitrogen oxides emitted from these three coal plants by 91 percent, reduce sulfur dioxides by 93 percent, and reduce coarse particle emissions by 70 percent, preventing acid rain, ozone formation, asthma, lung disease, and death caused by these emissions. The health costs saved just by reducing particle pollution from these three coal plants has been estimated at over $100 million per year; and WHEREAS, the Metro Emissions Reduction Project would reduce mercury emissions by approximately 178 pounds per year, preventing mercury from being deposited on Minnesota lakes where it can contaminate the fish and cause brain damage to children who eat or whose pregnant mothers eat the fish; and WHEREAS, the Metro Emissions Reduction Project would reduce carbon dioxide, a powerful global warming gas, by more than 18 million tons over ten years, and also have the local effect of removing hundreds of thousands of tons of coal from the banks of the Mississippi River in both Minneapolis and Saint Paul; and WHEREAS, in order for the Metro Emissions Reduction Project to proceed, the Minnesota Public Utilities Commission must approve the project and rate recovery sought by Xcel Energy. b the City Council of the City NOW THEREFORE BE IT RESOLVED y of Y Y Brooklyn Center that it formally requests the Minnesota Public Utilities Commission to take the following actions with respect to the Metro Emissions Reduction Project: 1. Approve the Metro Emissions Reduction Project on the grounds that the health, environmental, environmental justice, and economic development benefits of the project more than justify the costs of the project. 2. Assure that the Metro Emissions Reduction Project is approved as a single unified package, so that the repowering of the High Bridge and Riverside Coal Plants is assured. RESOLUTION NO. 3. Speed up the time line for emissions reduction to the maximum extent feasible, especially the time line for repowering of the Riverside and High Bridge Coal Plants with natural gas. 4. Ensure that costs of repowering are born equitably based on energy consumption, so that costs are not unfairly imposed on small, residential customers. 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. Sharon Klumpp - MERP resolution Page 1 From: <Joeandjeannabor @aol.com> To: <sklumpp @ci.brooklyn- center.mn.us> Date: 2/10/03 12:06PM Subject: MERP resolution Good Morning. Ms.Klumpp, Thank you so much for sending the fax regarding the proposed resolution. First, I wish to thank the Mayor and City Council of Brooklyn Center for considering this resolution, and for your help Ms. Klumpp researching and your help putting this before the Mayor and Council. It speaks highly to their committment to the health and well -being of the residents of this city. Second, I would like to reiterate and commend a multi - billion dollar company like Xcel for putting forth the Metro Emissions Reduction Proposal. It's a long process to get such a proposal through all the technicalities. It's understandable that Xcel, who's proposing this MERP proposal would not be seeking a "rate increase" because the process first takes them before the PUC, who technically reviews the projects and approves the costs and feisibility of any publicly regulated facility or project. Third, and lastly, it's clear like so many there are reservations regarding costs of this project. The reservations fell by the wayside when weighing and comparing the costs to more of the whole picture. Last year, Minnesota added several air alert days to our three year average and came dangerously close to nonattainment. The Minnesota Pollution Control Agency (MPCA) Commissioner Karen Studders stated at a meeting late last year, "We, as a state don't want to reach nonattainment because it will cost taxpayers and businesses millions, if not billions." Federal transportation dollars would be lost, businesses would be mandated to increase their emissions equipment at a huge cost increase, and much more. The MPCA also has reviewed and supports the MERP proposal and on pg 5 of their summary stated that the cost - savings of the health benefits alone of a successful MERP project are figured at 1.2 billion, which is 200 million above the cost of implimenting the project itself. Over a thousand residents, businesses, agencies, and cities like: Xcel Energy, the MPCA, the Cities of Minneapolis and St.Paul, Izaak Walton League, Sierra Club, Clean Water Action, Mississippi Corridor Neighborhood Coalition, West St Paul Citizens Organization, Clean Energy Now, MPIRG, physicians, churches, and neighborhood organizations from across the metro have stepped forward and passed this resolution or are sending in letters of comment to the PUC. I'm hopeful that Brooklyn Center would support me and my neighbors who realize it's cost - effective to pay alittle more now to save our and our children's health now and not have to pay for it more later. I would look forward to take only a few moments to answer any further questions the Mayor or Council might have regarding this resolution at tonight's City Council meeting and the importance of passing this resolution now rather than postponing this decision. Thank you again for your thoughtful consideration and help. Sincerely, Amy Luesebrink 763 -561 -1616 Brooklyn Center Resident Co -chair of Mississippi Corridor Neighborhood Coalition Xcel Energy's Riverside Plant: • Xcel Energy's Riverside generating plant, located along the Mississippi River in NE M inneapolis, generates steam for electric power and is rated at 414 M W. The three boilers at the facility were built in 1948 ( #6),1950 ( 0) and in 1963 ( #8)(M PGA). • No modern air pollution control equipment is used at Riverside including no scrubbers (M PCA). • Riverside emitted 13,820 tons of NO, in 1999, and ranks 3rd among the 10 major coal plants in the state for total NO X emissions (MPCA). • Riverside emitted 14,289 tons of SO in 1999, and ranks 4th among the 10 major coal plants in the state for total SO X emissions ` (MPCA). • Riverside em itted 1533 tons of PM 10 in 1999, and ranks 3rd among the 10 major coal'plants in the M innesota Pollution Control Agency's inventory for total PM 10 emissions (MPCA). • Riverside emitted 1100 pounds of lead in 1999, (M PCA). • Riverside em itted 3.1 million tons of CO2 in 1998, and ranks 3rd among the 10 major coal plants in the state of for total CO 2 emissions. • Riverside on average em its 66.78 pounds of mercury each year (EPA 2001) and ranks 4th am ong the 10 major coal plants in the state for total mercury em issions. In 1999 the plant emitted 98 Ibs of mercury (ERC). • Riverside ranks in top 10% for worst polluting plants in the nation for SO X and NO, (EDF scorecard). What Can You Do? Clean Energy Now is a coalition of concerned citizens, environm ental groups and neighborhood organizations. W e want Xcel Energy to clean up their coal -fired power plants. W e want cleaner energy, cleaner air, and cleaner water for ourselves and for our children. W e welcome your help or participation! • Join Clean Energy Now in M inneapolis (612) 623 -3666 or St. Paul (651) 293 -1708. • Visit our website << www.clean- energy - now.org >>. • Put a sign in your yard that says: Clean Energy Now! Call the num bers above to get a sign. • Call Clean Energy Now for m ore fact sheets or to learn about upcom ing activities. • Invite one of us to speak to your group or neighborhood on this issue and what you can do. • Call Xcel Energy at (800) 328 -8226 and let them know that clean energy is important to you. • Visit the Minnesota Pollution Control Agency's Web Site <<www.pca.state.mn.us>> or call (651) 296- 6300 for more information on Xcel energy and coal pollution. • Write or call your city council person in support of recent M inneapolis and St. Paul city council resolutions that address the issue of m etro -area coal -fired power plants. • Write or call the Governor and your state legislators and tell them that you support legislation aim ed at cleaning up pollution from coal -fired power plants. Call Senate Inform ation at (651) 296 -0504 to find your legislators and their phone numbers. Call Governor Pawlenty at (651) 296 -3391. • Write a letter to the editor of your local newspaper. Go to <<www.m nnews.com>> for contact information for any newspaper in Minnesota. • Contact your representative to the U.S. Congress. Contact Senators M ark Dayton at (202) 224 -3244 or (612) 727 -5220 and Norm Coleman at (202) 224 -5641 and let them know that the current levels of pollution from these power plants are unacceptable. • Contact the Izaak W aloon League at (651) 649 -1446 for their fifteen -page background docum ent on coal - fired power plants in Minnesota. CLEAN ENERGY NOW A coalition of neighborhood groups, environmental organizations, and concerned Minnesota citizens r Facts About Minnesota Coal Plants: • 75% of Minnesota's electricity com es from burning coal (Minnesota Coal burning is a major source of Dept. of Commerce, 2001). The United States derives half of its carbon dioxide (COO emissions, a electricity from coal. powerful global warming gas. • Of the 10 major coal -fired power plants in the state, all have at least Currently, there are no carbon one boiler " grandfathered" in under the Clean Air Act m eaning dioxide emission standards that these boilers do not meet most modern pollution control standards apply to coal -fired power plants in for nitrogen oxides (NOJ which form smog, or ground level ozone, the United States. and sulfur dioxides (SO,) which produce particulate matter and acid rain. According to the Minnesota Emergency Response Commission, • Requiring these grandfathered coal plants to m eet modern emission coal -fired power plants are som a of standards for NO, would have the same impact as rem oving two- the largest toxic polluters in the thirds of cars registered in M innesota. state. Burning coal emits dangerous air pollutants, including: NO „ SO„ The Twin Cities Metro region is lead (Pb), and coarse fine particulate matter (PM ). A recent home to four coal -fired power study shows a 25% increased mortality rate from card ioresp iratory disease when comparing the most to the least polluted cities and defining pollution as airborne fine particulates (NEJM 1993;329:1753 -9).. • Coal burning emits toxic air pollution, including: mercury, barium, nickel, cadmium, radionuclides, dioxins, arsenic, etc. o Dioxins are endocrine disrupters and believed to play a role in triggering autoimmune diseases (Colburn,1996) o Mercury can cause neurological im pairment —brain damage -- in children. o Mercury accumulates in the aquatic food chain, placing pregnant women who eat more fish than recom mended at risk for plants, all owned by Xcel Energy: neurological damage to the fetus (CDC, 2001). Riverside (Minneapolis), High o While other industries have voluntarily significantly reduced Bridge (St Paul),- King (Stillwater) their mercury emissions, Xcel Energy has failed to do so ( St. and Black Dog (Burnsville). All Pau/ Pioneer Press, January 16, 2002). the coal- burning power plants in Minnesota have at least one • Currently, there are no m ercury emissions standards that apply to " grandfathered" boiler. coal -fired power plants in the United States. Sources: Minnesota Chamber of Commerce, Minnesota Pollution Control Agency, The Environmental Protection Agency, Center for Disease Control, St Paul Pioneer Press, Izaak Walton League of America, New England Journal of Medicine, and Our Stolen Future (Theo Colburn, Dutton, 1996). For complete 15 page background document on coal -fired power plants in Minnesota, contact the Izaak Walton League at (651) 649 -1446. Numbers used reflect most recent year for which data is available. Metro Area Emission Reduction Project (MERP) Myths and Facts About Coal Plant Clean -up Myth: Why should we bother to clean -up coal plants? Fact. Coal pollution causes serious health problems like increased respiratory disease, greater incidence of heart attacks. Coal is Minnesota's largest single source of mercury pollution, which causes contamination in fish and learning disabilities in children who consume tainted fish. Every year more people die from health problems caused by coal pollution than die in murders or from drunk driving. Coal burning is also a major source of carbon dioxide, which causes global warming. Electric utilities lobbied to get a loophole in the Clean Air Act, which exempts them from strong air quality standards, this has been going on for thirty years. Myth: Clean -up will be too costly. Fact: The best estimates we have are that typical households (using 750 kilowatt hours) will pay between $3.00 — 4.00 per month extra. Cost increases will not begin until 2010, when Xcel expects the projects will be complete. Consumers who are concerned about higher bills can always invest in energy conservation (like installing compact florescent light bulbs or efficient appliances). Clean Energy Now is working with environmental groups, consumers groups, neighborhoods and Metro Area residents to tell the Public Utilities Commission (PUC) that the plan should go forward with protections for lower income energy consumers. During the decision - making process, the PUC will carefully investigate Xcel's cost figure to be sure that they are not going to overcharge consumers. While coal is a relatively cheap fuel to purchase it is not necessarily the cheapest energy source. If you figure in costs to mine the coal, transport the coal, and dispose of the waste ash the costs add up both economically and environmentally. One of the major costs overlooked is the health costs associated with coal which include lost work days, asthma attacks, and at -risk groups having their lives shortened due to the emissions. A recent study commissioned by the city of Minneapolis states it costs the area $57 million a year in health related costs for one pollutant from one coal plant in Minneapolis. If we convert to gas. we not only remove thousands of tons of pollutants but we reduce the health - related costs and environmental costs, which will actually be a direct benefit to us. Myth: Clean -up will hurt businesses. Fact: Businesses already get better prices on electricity from Xcel because they buy electricity in bulk. Business may also make tax - deductible investments in energy - efficient equipment or take other steps to conserve electricity if they are worried about higher power bills. Doing that would help everyone, because using less electricity means less air and water pollution for us all. Myth: We will run out of natural gas if we convert or prices will go through the roof. Fact. A common misconception is that we are r unnin g out of natural gas, and fast. We actually have an abundant supply. The US supplies 84% of the gas we use domestically (the remainder comes primarily from Canada). Here in the US we have an estimated 53 year supply based on 1999 data. The price spike that we experienced a couple winters ago was due to market forces. In a deregulated market we leave the local supply decisions up to the natural gas utilities, who did not anticipate a cold winter during the winter of 2000 -2001. One other idea to keep in mind is that electricity demand is traditionally highest in the summer, when used for cooling, that's when natural gas supplies are on hand, which would leave plenty for heating in the winter when demand for electricity is lower. We see natural gas not as an ideal solution, but as an effective stop -gap measure until renewable energy sources can make up a larger share of our energy demands. It's a measure that should have been undertaken decades ago. CLEAN Please reproduce and distribute freely. Kindly attribute sources to Clean Energy Now! ENERGY NOW! Myth: Xcel cleaned up its coal plants after the Clean Air Act was passed in the 1970s. Fact: No, unfortunately. Due to intense lobbying by the power industry they convinced Congress that power plants should be exempted from the Clean Air Act, which would have dramatically affected power plants. The argument they made is that the plants were already old at that time and that they would soon be replaced with newer and cleaner technologies. In 1977, Congress built a safety net into the rule which established New Source Review to require the plants to be cleaned up once they were upgraded or if they significantly increased pollution. A quarter century later,, virtually none of these power plants have been retired or have installed modern pollution control devices, (two thirds of all power plants today were build before 1970 —Dept. of Energy, 2000. Our metro plants have remained relatively unchanged since the 40's and 50's when most of the equipment was installed. Myth: Coal pollution isn't so bad. Fact: There are numerous pollutants associated with coal burning. There are four primary pollutants that certain lawmakers and environmental groups want to target and they include Nitrogen Oxides --smog forming chemicals, Sulfur Dioxide— associated with acid rain and haze, Mercury —a developmental toxicant, and Carbon Dioxide primary greenhouse gas. These four pollutants are often referred to as "4 -P". Carbon dioxide is measured in millions of tons from each coal plant and all the other pollutants with the exception of mercury are released in thousands of tons from each plant each year. There are numerous other toxicants and poisons released from coal burning which would include lead, barium, sulfuric acid, arsenic, and dioxins to name a few. Particulate emissions (PM10 and PM2.5), also known as "soot," are also of primary concern because they lead to asthma, chronic bronchitis and other respiratory ailments. You should only be concerned about these pollutants if you fish, swim, drink water or breathe air anywhere in the state or any state in the Midwest. Mercury from power plants has been shown to travel for thousands of miles to eventually fall with the rain into our rivers and lakes. Myth: Don't Minnesota Pollution Control Agency and the Department of Health make sure coal plant emissions are safe or monitor these emissions? Fact: No, neither of these agencies make sure any of the emissions are safe or do any routine monitoring to make sure they are operating at safe levels. The MPCA is charged with enforcing the federal and state laws that apply to power plants which currently includes nothing more than issuing them permits and that the plants are keeping track of their own emissions. The power plants have been exempted from clean up requirements and will continue to do so until new laws are passed. The Department of Health is not charged with any regulation of power plant emissions or monitoring of their emissions. Myth: Conversion will cause massive job loss. Fact: Anytime there is a technology shift, there is a shift in jobs. There used to be a time when many workers risked their lives every day to mine coal. Today, not as many people are performing that task because we have new mining technology, which has improved our ability to remove ore without putting workers in as much danger. Conversion does not involve retiring the plants or eliminating the need for power generation. We stall need workers to operate and maintain the power plants. Xcel will have to decide the number of workers needed before and after conversion. Temporarily, there could be an increase in construction jobs during conversion. Investment in renewable energy sources such as wind has actually been shown to create more jobs than investing in more traditional forms of energy like coal and nuclear. Ultimately, we hope to increase jobs in Minnesota by promoting renewable energy. CLEAN Please reproduce and distribute freely. Kindly attribute sources to Clean Energy Now! ENERGY NOW! Xcel Energy Pagel of 3 Privacy &Security FAQs Contact Us Useful Links o�rr E e ss Y ✓ c F .: Home Business Commercial & Industrial ( Allianc a AtAthct ddJs :1nk:vs1;&td Ndiesramam• 1ldklartetatadid p y- Gfamvni4j* &ti"uiodmneTdnt IEnter Zip Code Home > Newsroom > Archived News Releases Archived News Releases News Releases Search Executive Speeches 5/2/2002 © current Issues Minneapolis: Xcel Energy proposes Metro Emission a Setting the Record Straight Reduction Plan Req uests Medi tacts and Logo Plan would cut emissions, increase electricity output at three metro power plants MINNEAPOLIS - Xcel Energy is a proposing a major, voluntary effort to • "` reduce emissions and increase electricity supplies in the Twin Cities p'pt area by converting its Riverside and High Bridge power plants to natural Call Before You Dig gas and installing modern pollution - control equipment on its King plant. Career Opportunities "Our proposal is a great example of how good environmental policy and FAQs good business can merge," said Xcel Energy Chairman, President and Site Ma CEO Wayne H. Brunetti. "Cleaner air, reliable electricity service, and reasonable prices are priorities for our customers and our company. "We're proud to have worked with the Minnesota Legislature, state regulatory agencies, the Izaak Walton League and others to create legislation that allows us to propose initiatives that balance the interests of the environment, our customers, and future energy supply needs in the region," Brunetti said. Converting the Riverside Plant in Minneapolis and High Bridge Plant in St. Paul to natural gas would virtually eliminate emissions of sulfur dioxide, nitrogen oxides, particulate matter and mercury at the two inner -city plants. Retrofitting the King Plant with state -of- the -art flue gas scrubbers and fabric filters would result in a 91- percent reduction in sulfur dioxide, 89- percent reduction in nitrogen oxides, and dramatic particulate and mercury emission reductions. The Metro Emissions Reduction Project grew out of action by the 2001 Minnesota Legislature, which approved cost - recovery for utilities making voluntary emissions improvements. "Our plants have always met all applicable local, state and federal emissions regulations," Brunetti said. "But in keeping with our record of constant environmental improvement, we are making a bold proposal to go beyond current federal and state clean air requirements. It will mean cleaner air and more reliable electricity supplies for the future." The proposal will be filed Friday with the Minnesota Public Utilities Commission, and the Minnesota Pollution Control Agency. . It is expected 9 Y P to cost about $1 billion, and its implementation requires approval by regulators of the plan and its cost recovery mechanism. "Our goal is to achieve the greatest environmental and energy- security benefits for the lowest cost to the customer," Brunetti said. "We think our customers will be willing to pay a few extra dollars per month, for a residential customer, to support cleaner air, and enjoy more reliable http:// www.xcelenergy.com/XLWEB /CDA/0, 2795,1 -1- 1_537_2243 -1794- 0_0_0- 1,00.html 2/5/2003 Xcel Energy Page 2 of 3 long -term electricity supplies." The increases would not show up on bills for a matter of years, depending on action by the commission. While the new law allows for some gains in generation capacity, Xcel Energy's proposal would result in much larger gains in power output - enough extra electricity to power 400, 000 homes. "Our proposal goes beyond the letter of the new law, but it is clearly consistent with the spirit," Brunetti said. "Replacing two power plants and retrofitting a third would result in more efficiency and capacity, and we are asking for support from regulators, lawmakers and our customers to make the vision a reality." If regulators have concerns about the scope of the proposal or concerns about cost - recovery cannot be favorably resolved, the company also has offered an alternative plan that fits more neatly within the new law and would retain coal as the fuel at all three plants while adding state -of- the -art pollution controls. Brunetti indicated that Xcel Energy is proposing the more expansive plan because it believes it accomplishes the goals of improving environmental performance, meeting future supply need and maintaining reliable electricity service. "After considering the growing population of the Twin Cities and difficulties with bringing in power from distant sources, we decided to present an initiative that addresses clean air and energy security, " Brunetti said. The company's preferred proposal includes the following improvements: • The Allen S. King Plant in Oak Park Heights, Minn., would be retrofitted with state -of- the -art pollution control equipment at a projected cost of $385 million. The plant, first brought on -line in the 1960s, would continue to burn coal, with greatly reduced emissions. "It would meet the highest environmental standards and be as good as new," said Ron Elsner, project director. "At the same time, continuing the use of low - sulfur coal, an abundant and inexpensive fuel, will keep electric rates reasonable for our customers." Emissions of sulfur dioxide would be reduced by 91 percent; nitrogen oxides 89 percent; particulates 20 percent; mercury 20 percent. Power output would increase from 564 megawatts to 624 megawatts. Equipment design and environmental perm itting activities would begin next year. Major construction to rehabilitate existing plant equipment and install the new pollution controls would start in 2004 and be completed by May 2007, assuming the MPUC approves the project. • The High Bridge Plant in St. Paul, first brought on -line in 1924, would be converted to a high - efficiency "combined cycle" natural gas combustion - turbine technology in the second project, at an estimated cost of $394 million. Combined cycle technology captures waste heat from the combustion turbine and uses it to produce even more electricity. The current power plant would continue to run while the new plant is constructed on adjacent property - then the original plant would be.demolished. Sulfur dioxide, mercury and particulate emissions would be eliminated. Nitrogen oxide emissions would be reduced by 97 percent. Power output would increase from 268 megawatts to 511 megawatts. Environmental permitting and equipment design activities would begin in 2004; site construction activity would likely begin in 2005. Assuming no delays, the High Bridge Plant conversion would be completed by May 2008. . The Riverside Plant in Minneapolis, dating back to 1911, would also be converted to natural gas as the third MERP project, at a cost of $226 million. New combustion turbines and heat- recovery boilers would be constructed on the location of several of the http: / /www.xcelenergy. com/XLWEB /CDA/0, 2795,1 -1 -1 _537_2243 -1794- 0_0_0- 1,OO.html 2/5/2003 Xcel Energy Page 3 of 3 plant's retired units, in a fashion very similar to the current re- powering project at the Black Dog plant in Burnsville. Waste -heat generated steam would be used to drive the existing Unit 7 steam turbine, installed in the late 1980s. Unit 8 and its chimney would be retired as soon as the new generators are put in service and would be demolished shortly thereafter. As with Nigh Bridge, the changes would result in a 100 - percent reduction in sulfur dioxide, particulate and mercury emissions. Nitrogen oxide emissions would be reduced by 97 percent. Construction work would be completed by May 2009. To avoid power shortages and spikes in customers' bills, the projects would be done one at a time, in sequential order, from 2007 through 2009. "The realities of lead times required for the manufacturing of new generation equipment, the time needed to design and build the improvements, the costs involved and necessary upgrades of the natural gas delivery system all point to the fact that we need to approach this effort in a staged fashion," said David Wilks, president of Energy Supply. The Minnesota program is similar to a program already underway at Xcel Energy plants in Denver. The company is looking to expand that program to plants in rural Colorado, and a measure currently is under consideration by the Colorado Legislature. "The Metro Emissions Reduction Program will give us cleaner air, and a more secure power supply in the years ahead," Brunetti said. "It is a solid example of our commitment to the environment and the communities we serve." %allow Privacy & Security FAQs Contact Us http:// www. xcelenergy .com/XLWEB /CDA/0,2795,1 -1- 1_537_2243- 1794 -0 0_0- 1,001tm1 2/5/2003 Public Copy • CITY COUNCIL MEETING City of Brooklyn Center February 10, 2003 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. -Bob Jechorek 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. January 22, 2003 - Joint Meeting with Charter Commission 2. January 27, 2003 - Study Session 3. January 27, 2003 - Regular Session b. Licenses c. Approval of Application for Exemption from Lawful Gambling License from the • Earle Brown Elementary PTA for an Event to be Held on April 11, 2003 CITY COUNCIL AGENDA -2- February 10, 2003 d. Resolution Supporting Legislation to Provide Improved Funding Options for City Street Improvements e. Resolution and Consent Order Imposing Civil Penalty for Chi -Chi's Restaurant f. Resolution and Consent Order Imposing Civil Penalty for Rainbow Foods g. Resolution and Consent Order Imposing Civil Penalty for Cub Foods h. Resolution Authorizing the Conveying of City -Owned Parcel to the Minnesota Department of Transportation i. Resolution Providing for Hearing on Proposed Special Assessments for Diseased Tree Removal Costs, Delinquent Weed Removal Costs, and Delinquent Public Utility Service Accounts j. Resolution Requesting a Variance from Minnesota Department of Transportation State Aid Rules, Improvement Project 2002 -05, Xerxes Avenue North • Reconstruction (Northway Drive to I -94) 8. Planning Commission Item a. Planning Commission Application No. 2003 -002 Submitted by Dean Gannon. Request for Site and Building Plan Approval to Construct a 4 -unit Townhome Complex at the Northeast Corner of 50 Avenue North and France Avenue North (5000 France Avenue North). The Planning Commission recommended approval of this application at it January 30, 2003, meeting. - Requested Council Action: - Motion to approve Planning Commission Application Nos. 2003 -002 subject to the Planning Commission recommendations. 9. Council Consideration Items a. Reschedule February 18, 2003, City Council Work Session to February 24, 2003, Immediately Following the Regular City Council Meeting -Requested Council Action: - Motion to reschedule February 18, 2003, City Council Work Session to February 24, 2003, immediately following the Regular City Council Meeting. • • CITY COUNCIL AGENDA -3- February 10, 2003 b. An Ordinance Amending Chapter 4, Section 4.05, of the Brooklyn Center City Charter - Requested Council Action: - Motion to approve first reading and set second reading and Public Hearing on March 10, 2003. C. Resolution Authorizing and Directing the Transfer of Funds From the General Fund to the Capital Projects Fund - Requested Council Action: - Motion to adopt resolution. d. Resolution Adopting the City of Brooklyn Center Critical Area and Mississippi National River and Recreation Area Plan - Requested Council Action: - Motion to adopt resolution. e. Bids Received for Air Paks and Turnout Clothing for Firefighters • - Resolution Accepting Quote and Authorizing the Purchase of Fifty -Two Sets of Turnout Clothing for Firefighters - Resolution Accepting Quote from Minnesota Fire Agencies Purchasing Consortium Self Contained Breathing Apparatus, Contract Number NZ- 2002 -4, and Authorizing the Purchase of Thirty -Four Scott Air Pak's, Thirty -Four Spare Air Cylinders, and One RIT Pak for Firefighters - Requested Council Action: - Motion to adopt resolutions. f. Resolution Acknowledging and Supporting Applications for Funding to the Minnesota Housing Finance Agency and Federal Home Program by Restart Incorporated and Authorizing Execution of Acknowledgement of Receptivity to An LCA (Livable Communities Act) Funding Award -Requested Council Action: - Motion to adopt resolution. g. Settlement Agreement in the Matter of Brooklyn Center Versus Xcel Energy, Et Al. Regarding Condemnation Award for the 5001 Investments as Required for the France Avenue Project - Requested Council Action: - Motion to approve settlement agreement. • CITY COUNCIL AGENDA 4- February 10, 2003 h. LOGIS Police Software - Requested Council Action: - Motion to participate in LOGIS Police Software. i. Happy Hollow Neighborhood Street, Storm Drainage, and Utility Improvements - Resolution Accepting Engineer's Feasibility Report and Calling for a Public Hearing, Improvement Project Nos. 2003 -01, 02 and 03, Happy Hollow Neighborhood Street, Storm Drainage, and Utility Improvements - Resolution Declaring Cost to be Assessed and Calling for a Public Hearing on Proposed Special Assessments for Improvement Project Nos. 2003 -01 and 02, Contract 2003 -A, Happy Hollow Neighborhood Street and Storm Drainage Improvements *Requested Council Action: - Motion to adopt resolutions. 10. (Adj ournment cis i s 5 i c! n� ,� �,t r r - r Cy \,/ p re 1 � (J i City Council Agenda Item No. 7a • MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA JOINT SESSION WITH CHARTER COMMISSION JANUARY 22, 2003 COUNCIL /COMMISSION CONFERENCE ROOM CALL TO ORDER The Brooklyn Center City Council met for a joint session with the Charter Commission and was called to order by Mayor Myrna Kragness at 7:00 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, and Bob Peppe. Councilmember Diane Niesen was absent and unexcused. Also present: Interim Assistant City Manager /Director of Public Works Sharon Klumpp and Deputy City Clerk Maria Rosenbaum. Charter Commission Members present: Sylvester Knapp, Roni Brunner, Walter Bursch, Kris Lawrence- Anderson, Stanley Leino, Harold Middleton, Eileen Oslund, Richard Phillips, Richard Theis, and R. Carl Wolter. • The City ouncil and Charter Commission discussed the c language writte in y ss on Members d scuss current n Section 3.01 of the City Charter and the ro osed amendment. The Charter Commission had p p recommended the amendment to Section 3.01 after the Legislature made changes to Minnesota Elections Laws in 2000. They clarified that as a Home Rule City, it was not mandatory for this current statutory language to be incorporated into the City Charter. There were questions regarding when officers assume responsibility and concerns that the proposed language could be misinterpret. A suggestion was made to seek the City Attorney's opinion regarding the proposed language and verify the rules for reading Minnesota Statutes. Mayor Kragness recommended that the City Manager be directed to refer the proposed amendment in Section 3.01 of the City Charter to the City Attorney for clarification and to get a legal response as to the exact terminology of the sentence, "All officers chosen and qualified as such shall hold office until their successors qualify ". Charter Commissioner Roni Brunner suggested getting annotations regarding the change made by the Legislature and find some history as to why the amendment was incorporated to Minnesota Statutes. • 01/22/03 -1- DRAFT There was a motion by Charter Commissioners Stanley Leino, seconded by Walter Bursch to have the City Council direct the City Manager to seek an opinion from the City Attorney regarding the • official date when officers assume responsibility, the si significance of being sworn in the g g interpretation of the sentence "All officers chosen and qualified as such shall hold office until their successors qualify ", and that the amendment proposed to the City Council not be acted upon at this time. MISCELLANEOUS Councilmember Lasman questioned the status of an amendment to Section 4.05 of the City Charter giving candidates for office a deadline of two days following the filing date to withdraw their name from nomination. The Charter Commission recalls that they had recommended adoption of the amendment by the City Council last summer and suggested that this issue be researched. Interim Assistant City Manager Sharon Klumpp will seek input from the City Clerk and advise the City Council and Charter Commission. Councilmember Lasman suggested that the Charter Commission consider amending Section 3.07. She informed the Charter Commission that the City Council does not read each resolution in its entirety at Council meetings and asked if a blanket policy should be created. Chair Sylvester Knapp discussed the reason for that was to make sure the public understood the resolutions. It was noted that the materials are available at Council meetings if an individual had questions on a resolution. Councilmember Lasman questioned why the sentence regarding department heads had been removed • on page 15, Section 6.03, Subdivision 3. Charter Commissioner R. Carl Wolter discussed that the Charter Commission had considered being consistent with the overall scope of administrative responsibility assigned to the City Manager and felt that the line should be removed. Chair Sylvester Knapp added that concern about the complexity of laws applicable to removal of employees was a primary reason for deleting the sentence. Mayor Kragness requested that the City Charter have the date and year on the front cover when amendments are incorporated. ADJOURNMENT A motion by Councilmember Lasman, seconded by Councilmember Peppe to adjourn the work session at 8:17 p.m. City Clerk Mayor 01/22/03 -2- DRAFT t • 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 JANUARY 27, 2003 CITY HALL COUNCIL /COMMISSION CONFERENCE ROOM CALL TO ORDER STUDY SESSION The Brooklyn Center City Council met in Study Session and was called to order by Mayor Myrna Kragness at 6:00 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Bob Peppe. Also present were Interim Assistant City Manager/Director of Public Works Sharon Klumpp, Community Development Director Brad Hoffinan, and Deputy City Clerk Maria Rosenbaum. Councilmember Niesen informed the Council that she would not be able to attend the Park and Recreation Commission meetings in February or March, and will not be able to attend the City • Council Work Session on February 18, 2003. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Mayor Kragness informed the Council that agenda item 9g, Resolution Authorizing the City of Brooklyn Center to Enter into An Agreement With the Minnesota Department of Transportation, Agreement No. 83632, Trunk Highway No. 100 Improvements, State Project No. 2755 -75, had been requested to be removed from the agenda for further review. Council discussed City Council Agenda Items 7d, Resolution Authorizing the Transfer of Unclaimed Property from Police Property Storage to the Police Department; and 7e, Resolution Calling for a Public Hearing on Proposed Use of 2003 Urban Hennepin County Community Development Block Grant (CDBG) Funds. Councilmember Lasman inquired if the Council would reconsider shifting $1,000 of the CDBG ,funds for the Home Line's Renter's Education Program. Mayor Kragness discussed that the CDBG funds had already been committed this year and that if the Council would like to allocate $1,000 to this program to consider it next year. Interim Assistant City Manager/Director of Public Works Sharon Klumpp reminded the Council that the approval this evening was to approve the publication calling for a public hearing and that the allocations used in the hearing notice are estimates. • 01/27/03 -1- DRAFT Council continued discussions regarding the CDBG funds. Councilmember Niesen requested a copy • of the Social Services requests. BROOKSIDE MANOR RENTAL LICENSE Community Development Director Brad Hoffman discussed that Brookside Manor had made progress with some of the compliance orders and that the proposed agreement is the direction staff would like to pursue if the Council would like to move forward regarding this issue. Council discussed the reasoning behind this proposed agreement and the safety issues involved. Councilmember Peppe questioned what the difference is between this rental property and the Summerchase rental properties. Mr. Hoffman informed the Council that he believes Brookside Manor management will follow through on the remaining compliance orders and that the City will not take part in court proceedings like Summerchase. Councilmember Peppe stated that he believes all rental properties need to be treated the same. MISCELLANEOUS Councilmember Carmody questioned a reoccurring absence of a Planning Commissioner. Ms. Klumpp informed the Council that the Planning Commission is considering the issue. Councilmember Niesen questioned how to get things on an agenda. Mayor Kragness discussed that the she would need to contact the City Manager. S ADJOURNMENT The City Council adjourned the Study Session at 6:45 p.m. City Clerk Mayor • 01/27/03 -2- DRAFT • MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JANUARY 27, 2003 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 6:45 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Bob Peppe. Also present were Interim Assistant City Manager/Director of Public Works Sharon Klumpp, Community Development Director Brad Hoffman, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. Amy Luesebrink, 5557 James Avenue North, addressed the Council to discuss a clear energy now • resolution that the City of Minneapolis adopted. She provided the Interim Assistant City Manager/Director of Public Works Sharon Klumpp information regarding this issue and asked the Council if they would consider adopting a similar resolution supporting clean air efforts. Mayor Kragness thanked Ms. Luesebrink for the information and informed her that the Council will take a look at the information. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Peppe, seconded by Councilmember Carmody to adjourn the informal open forum at 6:47 p.m. Motion passed unanimously. 2. INVOCATION A moment of silence was observed. 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 7:01 p.m. • 01/27/03 -1- DRAFT 4. ROLL CALL • Mayor Myrna Kra ness, Councilmembers Kathleen Carmody, Lasman Diane Niesen and Bob Y Yrn g Y, Y > Peppe. Also present were Interim Assistant City Manager/Director of Public Works Sharon Klumpp, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember Peppe reported that he attended the Financial Commission meeting on January 9, 2003. Councilmember Lasman reported that she attended the Crime Prevention meeting on January 15, 2003, a joint meeting with the Charter Commission on January 22, 2003, and the Special Events Committee meetings on January 16 and 23, 2003. She informed that the City's 92 Birthday Celebration would be held on February 8, 2003, and that tickets can be purchased by contacting the Community Center. Councilmember Carmody reported that she attended the Housing Commission meeting on January 21, 2003, and that there was a presentation regarding rental issues by Sergeant Kevin Benner. Councilmember Niesen reported that she would not be able to attend the Park and Recreation Commission meetings in February and March because of classes that she is taking and that she would like to continue to receive the materials. 7. APPROVAL OF AGENDA AND CONSENT AGENDA There was a motion by Councilmember Lasman, seconded by Councilmember Peppe to approve the agenda and consent agenda with the removal of agenda item 9g, Resolution Authorizing the City of Brooklyn Center to Enter into An Agreement With the Minnesota Department of Transportation, Agreement No. 83632, Trunk Highway No. 100 Improvements, State Project No. 2755 -75. Councilmember Niesen requested that the January 13, 2003, Study Session minutes be amended and to read the following on the bottom of page one: 01/27/03 -2- DRAFT • • Councilmember Niesen informed the Council that she questioned why the Council annually signed the Resolution Declaring Commitment to the Brooklyn Center City Charter, Pledging Fair Treatment of Employees, Declaring Against Conflict of Interest and Misuse of Positions, and stated it was her understanding that the Council only controlled the City Manager position and asked if the wording applied to actions only on his part and if he would be signing the resolution. Also, she questioned the history of this action and how it related to the City Charter. Councilmember Niesen noted that the minutes from the January 13, 2003, Regular Session should indicate that she and Councilmember Carmody abstained from the vote since they were not present at the December meetings. City Attorney Charlie LeFevere advised that the minutes could be approved with the above - mentioned amendments and that no special action is required. Motion passed unanimously. 7a. APPROVAL OF MINUTES There was a motion by Councilmember Lasman, seconded by Councilmember Peppe to approve the minutes of January 13, 2003, study and regular sessions with above - mentioned amendments, and the January 13, 2003, work session regarding City Council Orientation. Motion passed unanimously. • 7b. LICENSES A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve the following list of licenses. Motion passed unanimously. MECHANICAL Opies Plumbing, Heating, A/C 405 Smith Street South, Eden Valley RENTAL Renewal: 5818 Humboldt Avenue North Richard Olson 1537 Humboldt Place North Kwi Ha Wong, Suburban Properties 4806 Twin Lake Avenue Gregory Young 7c. APPROVAL OF APPLICATION FOR EXEMPTION FROM LAWFUL GAMBLING LICENSE FROM THE MINNESOTA ASSOCIATION OF PLUMBING, HEATING, AND COOLING CONTRACTORS FOR AN EVENT ON JUNE 2, 2003 A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve the application for exemption from lawful gambling license from the Minnesota Association of Plumbing, Heating, and Cooling Contractors for an event to be held on June 2, 2003. Motion passed • unanimously. 01/27/03 -3- DRAFT 7d. RESOLUTION AUTHORIZING THE TRANSFER OF UNCLAIMED PROPERTY FROM POLICE PROPERTY • O STORAGE TO THE POLICE DEPARTMENT RESOLUTION NO. 2003-15 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE TRANSFER OF UNCLAIMED PROPERTY FROM POLICE PROPERTY STORAGE TO THE POLICE DEPARTMENT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 7e. RESOLUTION CALLING FOR A PUBLIC HEARING ON PROPOSED USE OF 2003 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS RESOLUTION NO. 2003 -16 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION CALLING FOR A PUBLIC HEARING ON PROPOSED USE OF 2003 URBAN • HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 7f. ACCEPTANCE OF PAY EQUITY REPORT INDICATING THAT THE CITY IS IN COMPLIANCE WITH THE LOCAL GOVERNMENT PAY EQUITY ACT A motion by Councilmember Lasman, seconded by Councilmember Peppe to accept the Pay Equity Report. Motion passed unanimously. 8. PLANNING COMMISSION ITEM 8a. PLANNING COMMISSION APPLICATION NO. 2003-001 SUBMITTED BY ISD NO. 286 (BROOKLYN CENTER). REQUEST FOR SPECIAL USE PERMIT AND SITE AND BUILDING PLAN APPROVAL TO CONSTRUCT A 9,000 SQ. FT. SCHOOL BUS GARAGE AND VARIOUS OTHER ADDITIONS TO THE BROOKLYN CENTER JUNIOR/SENIOR HIGH SCHOOL, 6500 HUMBOLDT AVENUE NORTH. 01/27/03 -4- DRAFT e • THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS JANUARY 16, 2003, MEETING. Planning and Zoning Specialist Ron Warren provided an overview of Planning Commission Application No. 2003 -001 submitted by ISD No. 286 requesting for a special use permit and site and building plan approval to construct a 9,000 square foot school bus garage and various other additions to the Brooklyn Center Junior /Senior High School. The Planning Commission recommended approval of this application at its January 16, 2003, meeting subject to the following conditions: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be appropriately screened from view. 4. The building additions and the bus garage shall be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. • 5. B -612 curb and gutter shall be provided around all new driving and parking areas. 6. An as -built survey of the property, improvements and utility service lines shall be submitted to the City Engineering Department. 7. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's current standard specifications and details. 8. The proposed drainage provisions are subject to the review and approval of the West Mississippi Watershed Commission prior to the issuance of building permits for the proj ect. 9. Sheet AS 1.1 (Site Plan and Partial Site Demolition Plan) shall be modified prior to the issuance of building permits to accurately reflect the dimensions and location of the proposed bus garage facility on the north side of the site. 10. The applicant shall provide appropriate erosion and sediment control devices on site during construction as approved by the City Engineering Department. • 01/27/03 -5- DRAFT 11. The special use permit amendment is granted for the construction of a new 9,000 sq. ft. S school bus garage facility and three other additions to the Brooklyn Center Junior /Senior High School. Any other expansion or alteration of the facilitates not comprehended by this approval shall require an additional amendment to the special use permit. Councilmember Carmody questioned if there would be room to expand the parking in the future. Mr. Warren responded that they would have room to expand in the future if needed. Councilmember Peppe questioned where students would be playing hockey. Mr. Warren informed the Council that he believes that hockey will be played indoors at neighboring arenas. Councilmember Lasman questioned the drainage plan and if the topography is in place. Mr. Warren discussed that they are in the process of reviewing and moving forward. Steve Anderson, Director of Operations, addressed the Council and informed that they are currently working with the West Mississippi Watershed Commission and that they will be meeting with them on January 28, 2003. Councilmember Niesen questioned the reason for the additions. Mr. Anderson informed the Council that they do a lot of their own services and the additional space will be helpful to provide those services. A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve Planning Commission Application No. 2003 -001 subj ect to the above listed conditions recommended by the Planning Commission. Motion passed unanimously. • 9. COUNCIL CONSIDERATION ITEMS 9a. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE 25 YEARS OF DEDICATED PUBLIC SERVICE OF CAROL HOLT WITH THE CITY OF BROOKLYN CENTER Mayor Kragness read the resolution recognizing Carol Holt for her 25 years of dedicated public service. RESOLUTION NO. 2003-17 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE 25 YEARS OF DEDICATED PUBLIC SERVICE OF CAROL HOLT WITH THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 01/27/03 -6- DRAFT • • 9b. PROCLAMATION DECLARING WE CARE ABOUT KIDS MONTH Councilmember Lasman read the Proclamation Declaring We Care About Kids Month. A motion b Councilmember tuber Niesen, seconded by Councilmember Carmody to adopt Proclamation Declaring We Care About Kids Month. Motion passed unanimously. 9e. MAYORAL APPOINTMENTS TO HOUSING COMMISSION Mayor Kragness requested ratification of Stan Leino and David Johnson to be appointed to the Housing Commission. A motion by Councilmember Carmody, seconded by Councilmember Lasman to ratify Mayoral nominations of Stan Leino and David Johnson to the Housing Commission. Motion passed unanimously. 9d. MAYORAL APPOINTMENT TO NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL ADVISORY COMMISSION Mayor Kragness requested ratification of JoAnn Campbell- Sudduth to be appointed to the Northwest Hennepin Human Services Council Advisory Commission. • A motion by Councilmember Lasman, seconded by Councilmember Carmody to ratify Mayoral nomination of JoAnn Campbell- Sudduth to the Northwest Hennepin Human Services Council Advisory Commission. Motion passed unanimously. 9e. MAYORAL APPOINTMENTS TO SHINGLE CREEK AND WEST MISSISSIPPI WATERSHED MANAGEMENT COMMISSIONS Mayor Kragness requested ratification of an appointment of Graydon Boeck as commissioner and Amy Luesebrink as alternate commissioner to the Shingle Creek and West Mississippi Watershed Management Commissions. A motion by Councilmember Carmody, seconded by Councilmember Lasman to ratify Mayoral nominations of Graydon Boeck and Amy Luesebrink to the Shingle Creek and West Mississippi Watershed Management Commissions. Motion passed unanimously. I 9f. RESOLUTION SETTING THE INTEREST RATE ON SPECIAL ASSESSMENTS FOR 2003 Interim Assistant City Manager/Director of Public Works Sharon Klumpp discussed that this resolution would adopt the interest rate to be charged on outstanding special assessments for 2003 at 5.5 ercent. City Policy states that interest is to be charged on outstanding amounts certified to p tY Y g g Hennepin County for collection with property taxes. • 01/27/03 -7- DRAFT RESOLUTION NO. 2003-18 • Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION SETTING THE INTEREST RATE ON SPECIAL ASSESSMENTS FOR 2003 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 9g. RESOLUTION AUTHORIZING THE CITY OF BROOKLYN CENTER TO ENTER INTO AN AGREEMENT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION, AGREEMENT NO. 83632, TRUNK HIGHWAY NO. 100 IMPROVEMENTS, STATE PROJECT NO. 2755-75 This item was removed from the agenda for further review. 10. ADJOURNMENT There was a motion by Councilmember Carmody, seconded by Councilmember Lasman to adjourn the City Council meeting at 7:37 p.m. Motion passed unanimously. s City Clerk Mayor I • 01/27/03 -8- DRAFT City Council Agenda Item No. 7b City of Brooklyn Center A Millennium Community • TO: Michael J. McCauley, City Manager FROM: Maria Rosenbaum, Deputy City Clerk ca� DATE: February 5, 2003 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 February 10, 2003. GASOLINE SERVICE STATION Qwest Communications 6540 Shingle Creek Parkway MECHANICAL Silvernail Ent. Ltd 6603 36 Ave N, Crystal • RENTAL Renewal: 6721 5 Street North Matthew Bolen [Seven police calls to address since 3/11/02: 1/1/03 - Unwanted intoxicated guest removed 9/20/02 - Harassing phone calls received at this address (report taken) 6/15/02 - Report of female screaming. Officers found no problems - (unfounded) 6/14/02 - Violation of restraining order (call canceled by reporting party) 4/8/02 - Domestic reported outside of residence in a car (vehicle gone, unfounded) 3/11/02 - Harassment complaint (advised to get a restraining order) 3/10/02 - Report of a domestic (appears to be a false call by a harassing ex, unfounded)] 5909 June Avenue North Janine Atchison (Zero calls in the last five years) Initial: 6753 Humboldt Avenue North Kwi Ha Wong - Suburban Properties (Zero calls since November 2002) (Formerly Morning Sun Investments) 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 City Council Agenda Item No. 7c � CEpT BROOKLYN CENTER POLICE DEPARTMENT POLICE MEMORANDUM TO: Sharon Knutson, City Clerk FROM: Scott Bechthold, Chief of Police DATE: January 31, 2002 SUBJECT: Application for Exemption from Lawful Gambling License (Bingo /Raffle Application) Earle Brown Elementary PTA On January 31, 2003, the Brooklyn Center Police Department received an Application for • Exemption from Lawful Gambling License from the Earle Brown Elementary PTA. This application is for an event to be held at the Earle Brown Elementary School, 5900 Humboldt Ave N, on Friday, April 11, 2003. This application has been approved and will be returned to the Earle Brown Elementary representative after City Council review. The representative will forward it to the State Gambling Control Board. If you or any member of the City Council objects to issuing this license, you must notify me within 30 days according to Minnesota State Statute. SB:kh • Minnesota Lawful Gambling Page 1 of 2 3/01 For Board Use Only • LG220 Application for Exempt Permit Fee - $25 Fee Paid Organization Information Check No. Organization name Previous lawful. gambling exemption number r Street City State /Zip Code County G9ov - Iav I k C�,e�c.� 11� � As q-3 144 f pl' Y) Name of chief executive officer (CEO) First name Last name Daytime phone number of CEO Name of treasurU Daytime phone number of First name Last name treasurer: Type of Nonprofit Organization Check the box that best describes your organization: ❑ Fraternal ❑ Religious ❑ veteran ,Other nonprofit organization Check the box that indicates the type of proof your organization attached to this application: ❑ IRS letter indicating income tax exempt status ❑ Certificate of Good Standing from the Minnesota Secretary of State's Office A charter showing you are an affiliate of a parent nonprofit organization • Proof previously submitted and on file with the Gambling Control Board Gambling Premises Information Name of premises where gambling activity will be conducted (for raffles, list the site where the drawing will take place) a-v I m k-- -11C"Nt_f9J'� Address (do not use PO box) City State /Zip Code County i�q OD f3 Date(s) of activity (for raffles, indicate the date of the drawing) Check the box or boxes that indicate the type of gambling activity your organization will be conducting: *Bingo Raffles (cash prizes may not exceed $12,000) ❑ 'Paddlewheels ❑Pull -Tabs ❑'Tipboards 'Equipment for these activities must be obtained from a licensed distributor. This form will be made available in Your name and and your organization's the following: Board members, staff of the alternative format (i.e. large print, Braille) name and address will be public information Board whose work assignment requires upon request. The information requested when received by the Board. All the other that they have access to the information; on this form (and any attachments) will be information that you provide will be private the Minnesota Department of Public Safety; used by the Gambling Control Board data about you until the Board issues your the Minnesota Attorney General; the ( Board) to determine your qualifications to permit. When the Board issues your Minnesota Commissioners of be involved in lawful amblin activities in permit, all of the information that you have Administration, Finance, and Revenue; the 9 9 P Y Minnesota. You have the right to refuse to provided to the Board in the process of Minnesota Legislative Auditor, national and supplythe information requested; however, applying for your permit will become public. international gambling regulatory agencies; if you refuse to supply this information, the If the Board does not issue you a permit, anyone pursuant to court order; other Board may not be able to determine your ail the information you have provided in the individuals and agencies that are qualifications and, as a consequence, may process of applying for a permit remains specifically authorized by state or federal refuse to issue you a permit. If you supply private, with the exception of your name law to have access to the information; • the information requested, the Board will and your organization's name and address individuals and agencies for which law or ' be able to process your application. which will remain public. legal order authorizes a new use or sharing Private data about you are available only to of information after this Notice was given; and Y anyone with our consent. Y LG220 Application for Page 2 of 2 s Exempt Permit of Organization Name_— G -�L� i • Local Unit of Government Acknowledgment If the gambling premises is within city limits, the If the gambling premises is located in a township, both city must sign this application. the county and township must sign this application. On behalf of the city, I acknowledge this application. On behalf of the county, I acknowledge this application. Check the action that Check the action that the city is taking on this application. the county is taking on this application. ❑ The city approves the application with no ❑ The county approves the application with no waiting period. waiting period. ❑ The city approves the application with a 30 day The county approves the application with a 30 day waiting period, and allows the Board to issue a waiting period, and allows the Board to issue a permit after 30 days (60 days for a first class permit after 30 days. city). The city denies the application. The county denies the application. Print name of city _ Y = OQj�,� C, Y Print name of county (Signature of city personnel receiving application) (Signature of county personnel receiving application) Title Title -------------- - - - - -- ----- - - - - -- Date ------� ----- / - - - -- • Date-----/ ------ TOWNSHIP: On behalf of the township, I acknowledge that the organization is applying for exempted gambling activity within the township limits. [A township has no statutory authority to approve or deny an application (Minn. Stat. sec. 349.213, subd. 2)] Print name of township (Signature of township official acknowledging application) Title Date ----- / - - - -� - - -- Chief Executive Officer's Signature The information provided in this application is complete and accurate to the best of my knowledge. Chief executive officer's signature Name (please print) Date—.__/__/ Mail Application and Attachments At least 45 days prior to your scheduled activity date send: • the completed application, If your application has not • a copy of your proof of nonprofit status, and been acknowledged by the • a $25 application fee (make check payable to "State of Minnesota "). local unit of government or Application fees are not prorated, refundable or transferable. PP p , has been denied, do not • Send to: Gambling Control Board send the application to the 1711 West County Road B, Suite 300 South Gambling Control Board. Roseville, MN 55113 City of Brooklyn Center A Millennium Community • February 11, 2003 Department of Gaming Gambling Control Division Rosewood Plaza South, 3rd Floor 1711 West County Road B Roseville, MN 55113 To Whom It May Concern: The City of Brooklyn Center has received and reviewed the Application for Authorization for an Exemption from Lawful Gambling License from the Earle Brown Elementary PTA for an event • to be held on April 11, 2003, at the Earle Brown Elementary School located at 5900 Humboldt Ave N within the city of Brooklyn Center, Minnesota. The City of Brooklyn Center has waived the 30 day period to withdraw our approval. Should you have any questions regarding the waiver, please feel free to contact me at 763 -569- 3306. Sincerely, Sharon Knutson City Clerk SK:kh 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 • City Council Agenda Item No. 7d • • Member introduced the following resolution and moved its adoption: RESOLUTION NO. • RESOLUTION SUPPORTING LEGISLATION TO PROVIDE IMPROVED FUNDING OPTIONS FOR CITY STREET IMPROVEMENTS WHEREAS, Minnesota contains over 135,000 miles ofroadway, and over 19,000 miles or 14 percent are owned and maintained by Minnesota's 854 cities; and WHEREAS, city streets are a separate but integral piece of the network of roads supporting movement of people and goods; and WHEREAS existing funding mechanisms such as Municipal State Aid MSA r g P ( )� property taxes, special assessments and bonding, have limited applications, leaving cities under - equipped to address growing needs; and WHEREAS, maintenance costs increase as road systems age, and no city large or small is spending enough on roadway capital improvements to maintain a 50 -year lifecycle; and WHEREAS, the Council of the City of Brooklyn Center finds it is difficult to develop adequate funding systems to support the City's needed street improvement and maintenance programs while complying with existing State Statutes; and WHEREAS, the League of Minnesota Cities, the Minnesota Public Works Association, and the City Engineers Association of Minnesota, have jointly sponsored the development of a report entitled Funding Street Construction and Maintenance in Minnesota's Cities wherein (1) the street systems ofthe cities • within the State are inventoried; (2) the existing funding systems are detailed and evaluated; and (3) recommendations are made; and WHEREAS, cities need flexible policies and greater resources in order to meet growing demands for street improvements and maintenance. - NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Council concurs with the findings of the above referenced report, and fully supports the recommendations contained in that report. BE IT FURTHER RESOLVED that the City Council supports the adoption of Legislation that would provide cities with the policy options they need to address current and future challenges in providing adequate street improvement and maintenance programs. 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. O X City of Brooklyn Center A Millennium Community MEMORANDUM DATE: February 5, 2003 TO: Michael McCauley, City Manager FROM: O Sharon Klump ,Interim Assistant City Manager/Director er /Director of Public Works P Y g SUBJECT: Resolution Supporting Legislation to Provide Improved Funding Options for City Street Improvements The League of Minnesota Cities has released a entitle in Street g report d Fund St P � g Construction and Maintenance in Minnesota's Cities, in partnership with the City Engineers Association of Minnesota and the Minnesota Public Works Association. The Transportation Policy Institute, a non - profit research and educational organization, produced the report. • This report outlines existing funding mechanisms, their limitations and deficiencies. It includes policy recommendations that could lead to improving the condition of municipal streets by making adequate resources available to fund maintenance and construction activities. These recommendations will be used to demonstrate to legislators that cities need flexible policies and greater resources to meet the growing demands for improving and maintaining streets. The attached resolution signifies the City of Brooklyn Center's support for providing cities with flexible funding options to ensure adequate street improvement and maintenance programs. Upon adoption of the resolution, a certified copy will be forwarded to the League of Minnesota Cities and to our legislative delegation. 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 • City Council Agenda Item No. 7e Member introduced the following resolution and moved its • adoption: RESOLUTION NO. RESOLUTION AND CONSENT ORDER IMPOSING CIVIL PENALTY FOR CHI -CHI'S RESTAURANT WHEREAS, the City of Brooklyn Center (the "City ") has issued licenses for the sale of alcoholic beverages to Chi -Chi's Restaurant (the "Licensee "); and WHEREAS, an illegal activity occurred on the licensed premises of the Licensee on May 20, 2002, specifically, sale of alcoholic beverages to a person under the age of 21 by an employee of Licensee in violation of Minnesota Statutes. § 340A.503, Subd. 2 (1) (the "Violation "); and WHEREAS, the occurrence of the Violation is not disputed by the Licensee; and WHEREAS, the City Council regards such activities as very serious matters warranting the sanctions hereinafter set forth; and WHEREAS, the Licensee has, to date, maintained a liquor establishment that has • been relatively free of criminal activity relating directly to the sale of alcohol; and WHEREAS, the Licensee has been generally cooperative in the investigation of this matter, has demonstrated a willingness and desire to work with City staff in resolving this matter without putting the City to the expense of an administrative hearing, has expressed an understanding of the seriousness of the offenses, and has committed to ensuring that such offenses do not recur; and WHEREAS, Licensee has identified personnel policies and training, operational practices, and other means intended to minimize or eliminate such violations in the future and to assure a safe, responsible and lawful liquor operation, which have been set forth in written policies and procedures adopted by Licensee, a copy of which is attached hereto as Attachment One, and hereby made a part hereof (hereinafter the "Policies and Procedures "); and WHEREAS, Licensee has represented, and by execution of a copy of this consent order agreed, that it will faithfully and fully comply with all of the Policies and Procedures set forth in Attachment One; and WHEREAS, on the basis of such representation and agreement by Licensee and assuming continuing compliance therewith, the City is willing to limit sanctions for the Violations to a civil penalty in the amount of One Thousand Dollars ($1,000); and • RESOLUTION NO. • WHEREAS, were it not for such representation and agreement of continuing compliance with the Policies and Procedures by Licensee, the City would not be willing to so limit sanctions and is doing so solely on the basis of such representation and agreements of Licensee and on the basis of the agreement by Licensee that the matter of the sanctions to be imposed for the Violations may be reopened and reconsidered, pursuant to Minnesota Statutes, § 340A.415, in the event Licensee fails to comply fully with all of the Policies and Procedures at any time during the three (3) year period following the date of this Resolution, all as hereinafter provided; and WHEREAS, the Council has determined that this Consent Order, resolving issues relating to sanctions to be imposed by reason of the above - described violations is reasonable, necessary, and in the best interests of the public; and WHEREAS, the Licensee has freely agreed to waive a statement of written charges and a hearing thereon and to pay the civil penalty hereinafter described, for the consideration set forth herein. The Licensee acknowledges and agrees that it freely executed this agreement, without threat of criminal prosecution, for the purpose of avoiding a public hearing and resolving issues relating to sanctions to be imposed by the City as the licensing authority, pursuant to Minn Stat. § 340A.415. ON THE BASIS OF THE FOREGOING THEREFORE IT IS RESOLVED THAT THE CITY COUNCIL ORDERS AND AGREES AS FOLLOWS: 1. The Licensee will pay to the City Finance Director, within ten days of receipt of written notification of approval of this Consent Order by the City Council, the sum of One Thousand Dollars ($1,000). 2. The Licensee waives a written statement of charges, notice of hearing and hearing to which it is entitled by Minn. Stat. § 340A.415. 3. The Licensee admits the occurrence of the Violation. 4. The City will impose, as the sole civil sanction for the Violations, a civil penalty in the amount of $1,000 payable as set forth in paragraph 1 hereof. This agreement shall not limit the right of the City to pursue civil remedies or to take any action with respect to the license that is authorized by State Law or City Code for any activity to which this agreement does not specifically apply and that is a violation of State Law or City Code. • RESOLUTION NO. • 5. Except as provided in paragraph 6, in the event of future violations of State Law or City Code by Licensee, no additional penalty shall be imposed for unlawful activity covered by this agreement. However, admissions of unlawful activity described herein may be taken into consideration in determining appropriate sanctions in any future cases. 6. In the event the City Council determines that Licensee has failed to comply fully with the Policies and Procedures at any time during the three year period following the date of this Resolution, Licensee agrees that the City may revoke or suspend the Licensee's license or impose civil penalties for the Violations pursuant to Minnesota Statutes. § 340A.415, provided the total penalty, including the penalty agreed to pursuant to paragraph 1 hereof, shall not exceed amounts authorized by law. 7. Licensee understands and agrees: a. That this agreement does not constitute an agreement not to bring criminal charges for activities described herein; b. That a decision whether to bring any charges rests within the discretion of the • City Prosecuting Attorney, the County Attorney, or other authorized law enforcement agencies; C. That the Licensee freely enters into this agreement without any promises from the City that no criminal charges will be brought; d. That this agreement is entered into for the sole purpose of resolving and settling any potential civil sanctions imposed pursuant to Minn Stat. § 340A.415, and not for the purpose of resolving or settling any potential criminal issues; and e. That in the event criminal charges are brought against the undersigned, the Licensee or any of its employees for activities described herein, Licensee will not contest the validity of this agreement, repudiate, or otherwise challenge this agreement in any way, by reason of the initiation or prosecution of such criminal proceedings. • RESOLUTION NO. • CHI -CHI'S RESTAURANT By Its By Order of the City Council of the City of Brooklyn Center this 10th day February 2003. Date Mayor Pro Tern 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. • ns&UTION NO. o, m ALOQHo Otp�GF. ST To enforce our obligation to the public and to protect our license to serve liquor. Chi -Chi's wants to make absolutely certain that its bartenders, food servers and cocktail servers do not illegally furnish intoxicating beverages to guests. The definition of the term "illegally furnishing intoxicating beverages to guests" includes: ♦ The serving of guests under the legal state age limit — even if accompanied by parents or other persons of legal drinking age. i ♦ The serving of guests of questionable age without requesting a photo ID with proper age verification. i ♦ The serving of guests possessing false identification or questionable age identification. ♦ The continued serving of guests approaching intoxication while on our premises. ♦ The serving of alcoholic beverages to guests desiring to take the alcohol off the restaurant premises. N • ♦ Knowingly permitting illicit activities to occur on premises, e.g., the sale or dispensing of alcoholic beverages by, other than authorized Team Members, the sale or use of any form of drugs or the act of solicitation of prostitution or gambling or related activities. When confronted with any of the above circumstances, do not serve the guest alcoholic beverages, and in the case of illicit activities taking place immediately notify the Manager on duty. When necessary, the Manager should contact the police. I have read and understand the definitions and procedures set out above and have discussed them with my Manager. Team Member Name: 1 Signature: Unit #: Date: I * Place signed copy in Team Member's personnel file. 39 ATTACHMENT ONE Fd 60LUTION NO. F 00 '[3. - 3 [2 El U. M 1! M rm 'Ell .. .. :.{.:_ , .};j,l�= urer'ir�MrJ. . T ,.. y , ?d::;�JN �r'r': r _ ' - - �.Y.'..;:: tea}.,;.., . ,� j _ •.. - • � In , .�'. �' y�'1_. ' �'r ' � ', . 1h .. •'a.✓ 1 \ '1 � 4�`Yj'�h =..y ...t� .. ,;�.:Y�:.:Y NE ,� +.., •�, '�. L� 1y r r ', '� �:.' .i •!.:'• gt�, _� ;•4= +.•. "y ;. =_';�,•'.iy �s•. ,•� .. ._ ' � y Et ra �• � i! ,� r.�: •' r' :, +:�.? .r�:Y r -,..c .� •;•rte „+. OL ALCO A H The service of alcohol in our restaurants gives an added dimension to the enjoyment of our guests. It also adds to the responsibilities we must accept: r . Over 50% of all fatal auto accidents are alcohol related. Intoxicated guests can disrupt other guests'-enjoyment, and serving these people can jeopardize our image and liquor license. Third Party liability allows injured parties to sue those who sold alcohol to the intoxicated offenders. 4. "Cutting off'' a guest: For these reasons, it is important that you understand the Be alert for persons who exhibit signs of possible intoxication. following principles and procedures of Alcohol Service Weaving/staggering Mood changes and Awareness. Slurred speech Hostility 1. Check I .D.s: Impaired thinking Verbal confrontation Check everyone who looks 30 or younger. Heavy eyelids Loud/uninhibited behavior • Accept only driver's license, passport, or military I.D. If you notice a guest with any of these characteristics, notify • No 1.D., No Drinks, No Exceptions a Manager immediately. Do not serve the person any • Be courteous but firm. alcoholic beverages without your Manager's expressed 2. Never allow adults to "share" drinks with minors: consent. Get a Manager to handle the situation. • 5. Check I.D.s of an anyone you have not 3. When a guest .arrives personally rrives intoxicated: ersonall served. Do not serve a a cohol. Even if they have an empty glass in front of them, do not serve • Even though the guest may have become too intoxicated without valid I.D. Often, individuals under age and liquor elsewhere, the liability will shift to us if we serve him •enforcement agents will sit by empty glasses at shift changes, another drink. hoping the new Server will not card them. City Council Agenda Item No. 7f • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AND CONSENT ORDER IMPOSING CIVIL PENALTY FOR RAINBOW FOODS WHEREAS, the City of Brooklyn Center (the "City ") has issued licenses for the sale of alcoholic beverages to Rainbow Foods (the "Licensee "); and WHEREAS, an illegal activity occurred on the licensed premises of the Licensee on May 20, 2002, specifically, sale of alcoholic beverages to a person under the age of 21 by an employee of Licensee in violation of Minnesota Statutes. § 340A.503, Subd. 2 (1) (the "Violation "); and WHEREAS, the occurrence of the Violation is not disputed by the Licensee; and WHEREAS, the City Council regards such activities as very serious matters warranting the sanctions hereinafter set forth; and WHEREAS, the Licensee has, to date, maintained a liquor establishment that has • been relatively free of criminal activity relating directly to the sale of alcohol; and WHEREAS, the Licensee has been generally cooperative in the investigation of this matter, has demonstrated a willingness and desire to work with City staff in resolving this matter without putting the City to the expense of an administrative hearing, has expressed an understanding of the seriousness of the offenses, and has committed to ensuring that such offenses do not recur; and WHEREAS, Licensee has identified personnel policies and training, operational practices, and other means intended to minimize or eliminate such violations in the future and to assure a safe, responsible and lawful liquor operation, which have been set forth in written policies and procedures adopted by Licensee, a copy of which is attached hereto as Attachment One, and hereby made a part hereof (hereinafter the "Policies and Procedures "); and WHEREAS, Licensee has represented, and by execution of a copy of this consent order agreed, that it will faithfully and fully comply with all of the Policies and Procedures set forth in Attachment One; and WHEREAS, on the basis of such representation and agreement by Licensee and assuming continuing compliance therewith, the City is willing to limit sanctions for the Violations to a civil penalty in the amount of One Thousand Dollars ($1,000); and • • RESOLUTION NO. WHEREAS, were it not for such representation and agreement of continuing compliance with the Policies and Procedures by Licensee, the City would not be willing to so limit sanctions and is doing so solely on the basis of such representation and agreements of Licensee and on the basis of the agreement by Licensee that the matter of the sanctions to be imposed for the Violations may be reopened and reconsidered, pursuant to Minnesota Statutes, § 340A.415, in the event Licensee fails to comply fully with all of the Policies and Procedures at any time during the three (3) year period following the date of this Resolution, all as hereinafter provided; and WHEREAS, the Council has determined that this Consent Order, resolving issues relating to sanctions to be imposed by reason of the above - described violations is reasonable, necessary, and in the best interests of the public; and WHEREAS, the Licensee has freely agreed to waive a statement of written charges and a hearing thereon and to pay the civil penalty hereinafter described, for the consideration set forth herein. The Licensee acknowledges and agrees that it freely executed this agreement, without threat of criminal prosecution, for the purpose of avoiding a public hearing and resolving issues relating to sanctions to be imposed by the City as the licensing authority, pursuant to Minn Stat. § 340A.415. • ON THE BASIS OF THE FOREGOING, THEREFORE, IT IS RESOLVED THAT THE CITY COUNCIL ORDERS AND AGREES AS FOLLOWS: 1. The Licensee will pay to the City Finance Director, within ten days of receipt of written notification of approval of this Consent Order by the City Council, the sum of One Thousand Dollars ($1,000). 2. The Licensee waives a written statement of charges, notice of hearing and hearing to which it is entitled by Minn. Stat. § 340A.415. 3. The Licensee admits the occurrence of the Violation. 4. The City will impose, as the sole civil sanction for the Violations, a civil penalty in the amount of $1,000 payable as set forth in paragraph 1 hereof. This agreement shall not limit the right of the City to pursue civil remedies or to take any action with respect to the license that is authorized by State Law or City Code for any activity to which this agreement does not specifically apply and that is a violation of State Law or City Code. • • RESOLUTION NO. 5. Except as provided in paragraph 6, in the event of future violations of State Law or City Code by Licensee, no additional penalty shall be imposed for unlawful activity covered by this agreement. However, admissions of unlawful activity described herein may be taken into consideration in determining appropriate sanctions in any future cases. 6. In the event the City Council determines that Licensee has failed to comply fully with the Policies and Procedures at any time during the three year period following the date of this Resolution, Licensee agrees that the City may revoke or suspend the Licensee's license or impose civil penalties for the Violations pursuant to Minnesota Statutes. § 340A.415, provided the total penalty, including the penalty agreed to pursuant to paragraph 1 hereof, shall not exceed amounts authorized by law. 7. Licensee understands and agrees: a. That this agreement does not constitute an agreement not to bring criminal charges for activities described herein; • b. That a decision whether to bring any charges rests within the discretion of the City Prosecuting Attorney, the County Attorney, or other authorized law enforcement agencies; C. That the Licensee freely enters into this agreement without any promises from the City that no criminal charges will be brought; d. That this agreement is entered into for the sole purpose of resolving and settling any potential civil sanctions imposed pursuant to Minn Stat. § 340A.415, and not for the purpose of resolving or settling any potential criminal issues; and e. That in the event criminal charges are brought against the undersigned, the Licensee or any of its employees for activities described herein, Licensee will not contest the validity of this agreement, repudiate, or otherwise challenge this agreement in any way, by reason of the initiation or prosecution of such criminal proceedings. • • RESOLUTION NO. RAINBOW FOODS By Its By Order of the City Council of the City of Brooklyn Center this 10th day February 2003. Date Mayor Pro Tern 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. • RESOLUTION NO. ( rain O D 5 • In an effort to insure compliance with all Federal, State and Local laws regarding alcohol, tobacco, butane and lottery. We are taking this opportunity to refresh and remind all those who ring a register what are the policies and procedures: TOBACCO: It is illegal to sell cigarettes or any tobacco product to anyone UNDER EIGHTEEN YEARS OF AGE. It's the Law: YOU MUST PHOTO ID EVERY CUSTOMER UNDER 27 YEARS OF AGE BY CHECKING THE DATE OF BIRTH. BUTANE: It is illegal to sell products containing butane to ANYONE UNDER EIGHTEEN YEARS OF AGE. ALCOHOL: It is illegal for you to sell beer /wine coolers to anyone UNDERTWENTY -ONE YEARS OF AGE, LOTTERY: It is illegal to sell products to ANYONE UNDER EIGHTEEN YEARS OFAGE. The prompt will appear for all tobacco and liquor items. Company policy requires those who are operating a register to check ID's and enter the date of birth for ALL liquor and tobacco purchases. THE CASHIER WILL ASK FOR THE VALID ID, PRESS <CLEAR> AND KEY IN THE DATE OF BIRTH <MM /DD /YY> <ENTER> The receipts will appear with "ID ENTERED" with the date. If the sale is restricted, the display will prompt an error message. LOCAL LAW ENFORCEMENT agencies are legally required to conduct compliance checks. Minors are sent into grocery stores to try and purchase the products illegally. Associates may be subject to disciplinary action including termination, penalties and /or fines that can vary by city and /or municipality for selling to minors. The Rainbow Foods policies that are in place are intended to insure full compliance with all Federal, State and Local ordinances. Failure to comply with any law or company policy may result in discipline up to and including termination. Hours which Alcohol may be sold at this store: MONDAY—SATURDAY S am to mo SUNDAY 12.. to For butane, lottery, & tobacco must born on or before TODAY'S DATE 1983. For alcohol must born on or before TODAY'S DATE 1980. AGE associate must be to scan tobacco at this store AGE associate must be to scan alcohol at this store I understand that it is my responsibility to check ID's and enter the date of birth from that ID. I have read and understand the above ramifications of Rainbow Foods P olicies regarding the sale of tobacco, tobacco products, beer /wine coolers, butane products and lottery. Associate's Printed Name Associate's Signature Date SSN ATTACHMENT ONE • City Council Agenda Item No. 7g • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AND CONSENT ORDER IMPOSING CIVIL PENALTY FOR CUB FOODS WHEREAS, the City of Brooklyn Center (the "City ") has issued licenses for the sale of alcoholic beverages to Cub Foods (the "Licensee "); and WHEREAS, an illegal activity occurred on the licensed premises of the Licensee on May 20, 2002, specifically, sale of alcoholic beverages to a person under the age of 21 by an employee of Licensee in violation of Minnesota Statutes. § 340A.503, Subd. 2 (1) (the "Violation"); and WHEREAS, the occurrence of the Violation is not disputed by the Licensee; and WHEREAS, the City Council regards such activities as very serious matters warranting the sanctions hereinafter set forth; and WHEREAS, the Licensee has, to date, maintained a liquor establishment that has • been relatively free of criminal activity relating directly to the sale of alcohol; and WHEREAS, the Licensee has been generally cooperative in the investigation of this matter, has demonstrated a willingness and desire to work with City staff in resolving this matter without putting the City to the expense of an administrative hearing, has expressed an understanding of the seriousness of the offenses, and has committed to ensuring that such offenses do not recur; and WHEREAS, Licensee has identified personnel policies and training, operational practices, and other means intended to minimize or eliminate such violations in the future and to assure a safe, responsible and lawful liquor operation, which have been set forth in written policies and procedures adopted by Licensee, a copy of which is attached hereto as Attachment One, and hereby made a part hereof (hereinafter the "Policies and Procedures "); and WHEREAS, Licensee has represented, and by execution of a copy of this consent order agreed, that it will faithfully and fully comply with all of the Policies and Procedures set forth in Attachment One; and WHEREAS, on the basis of such representation and agreement by Licensee and assuming continuing compliance therewith, the City is willing to limit sanctions for the Violations to a civil penalty in the amount of One Thousand Dollars ($1,000); and • • RESOLUTION NO. WHEREAS, were it not for such representation and agreement of continuing compliance with the Policies and Procedures by Licensee, the City would not be willing to so limit sanctions and is doing so solely on the basis of such representation and agreements of Licensee and on the basis of the agreement by Licensee that the matter of the sanctions to be imposed for the Violations may be reopened and reconsidered, pursuant to Minnesota Statutes, § 340A.415, in the event Licensee fails to comply fully with all of the Policies and Procedures at any time during the three (3) year period following the date of this Resolution, all as hereinafter provided; and WHEREAS, the Council has determined that this Consent Order, resolving issues relating to sanctions to be imposed by reason of the above - described violations is reasonable, necessary, and in the best interests of the public; and WHEREAS, the Licensee has freely agreed to waive a statement of written charges and a hearing thereon and to pay the civil penalty hereinafter described,, for the consideration set forth herein. The Licensee acknowledges and agrees that it freely executed this agreement, without threat of criminal prosecution, for the purpose of avoiding a public hearing and resolving issues relating to sanctions to be imposed by the City as the licensing authority, pursuant to Minn Stat. § 340A.415. • ON THE BASIS OF THE FOREGOING, THEREFORE, IT IS RESOLVED THAT THE CITY COUNCIL ORDERS AND AGREES AS FOLLOWS: 1. The Licensee will pay to the City Finance Director, within ten days of receipt of written notification of approval of this Consent Order by the City Council, the sum of One Thousand Dollars ($1,000). 2. The Licensee waives a written statement of charges, notice of hearing and hearing to which it is entitled by Minn. Stat. § 340A.415. 3. The Licensee admits the occurrence of the Violation. 4. The City will impose, as the sole civil sanction for the Violations, a civil penalty in the amount of $1,000 payable as set forth in paragraph 1 hereof. This agreement shall not limit the right of the City to pursue civil remedies or to take any action with respect to the license that is authorized by State Law or City Code for any activity to which this agreement does not specifically apply and that is a violation of State Law or City Code. • • RESOLUTION NO. 5. Except as provided in paragraph 6, in the event of future violations of State Law or City Code by Licensee, no additional penalty shall be imposed for unlawful activity covered by this agreement. However, admissions of unlawful activity described herein may be taken into consideration in determining appropriate sanctions in any future cases. 6. In the event the City Council determines that Licensee has failed to comply fully with the Policies and Procedures at any time during the three year period following the date of this Resolution, Licensee agrees that the City may revoke or suspend the Licensee's license or impose civil penalties for the Violations pursuant to Minnesota Statutes, § 340A.415, provided the total penalty, including the penalty agreed to pursuant to paragraph 1 hereof, shall not exceed amounts authorized by law. 7. Licensee understands and agrees: a. That this agreement does not constitute an agreement not to bring criminal charges for activities described herein; • b. That a decision whether to bring any charges rests within the discretion of the City Prosecuting Attorney, the County Attorney, or other authorized law enforcement agencies; C. That the Licensee freely enters into this agreement without any promises from the City that no criminal charges will be brought; d. That this agreement is entered into for the sole purpose of resolving and settling any potential civil sanctions imposed pursuant to Minn Stat. § 340A.415, and not for the purpose of resolving or settling any potential criminal issues; and e. That in the event criminal charges are brought against the undersigned, the Licensee or any of its employees for activities described herein, Licensee will not contest the validity of this agreement, repudiate, or otherwise challenge this agreement in any way, by reason of the initiation or prosecution of such criminal proceedings. • RESOLUTION NO. • CUB FOODS By Its By Order of the City Council of the City of Brooklyn Center this 10th day February 2003. Date Mayor Pro Tem 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. • RESOLUTION NO. • Jerry's Foods / Cub Foods Cashier Procedures (Minnesota Only) Sale and Handling of Alcoholic Beverages and Tobacco Products As a Cashier of Jerry's Foods/Cub Foods you have an important responsibility to learn and adhere to the rules and regulations concerning the sale of alcohol and tobacco products. If you do not follow the rules concerning the sale of these products you may be fined. Your behavior also has consequences for the store. Failure to follow the rules could lead to revocation or suspension of our license, or our license might not be renewed by local authorities. The following is a list of the rules you must follow when selling alcohol: 1. No person under 18 years can sell any alcoholic beverages. If you are 18 or older, simply scan the item. If you are under 18, you must call the CSM or Manager on duty to your register to scan the item for you. The law does not allow the customer to • scan the item. 2. No person under the legal age of 21 years old can buy any alcoholic beverages. If a customer looks 25 years or younger, you must ask for identification for proof of age. An acceptable form of identification (ID) would be a current, valid driver's license with a picture. 3. When verifying the picture ID, match the picture with the person presenting the ID and check the expiration date. An expired license is not acceptable. An altered ID is also not acceptable. Jerry's Foods/Cub Foods policy states that a failure to adhere to these policies will result in severe disciplinary action up to and including dismissal. You cannot sell liquor to an intoxicated person. 4. Alcoholic beverages may be sold only during the following hours: Monday through Saturday -- 8:00 A.M. - 1:00 A.M. . Sunday— 12:00 Noon - 1:00 A.M. 5. The giving away of alcoholic beverages is illegal. REMEMBER, you have a legal obligation to refuse to sell alcoholic beverages to anyone unable to produce a proper ID, or who you feel is already intoxicated. Keep in mind, we do not want to offend the customer, if Y ou or the customer has any questions, call the . CSM or Manager on duty. ATTACHMENT ONE RESOLUTION NO. • The following is a list of rules you must follow when selling cigarettes or tobacco products: 1. No person under 16 years of age can sell any cigarette or tobacco products. If you are 16 or older, simply scan the item. If you are under 16, you must call the CSM or Manager on duty to your register to scan the item for you. The law does not allow the customer to scan the item. 2. No person under the legal age of 18 can buy cigarettes or tobacco products. If a customer looks 25 years old or younger, you must ask for identification for proof of age. An acceptable form of identification (ID) would be a current, valid driver's license with a picture. 3. When verifying, the picture ID, match the picture with the person presenting the ID and check the expiration date. An expired license is not acceptable. An altered ID is also not acceptable. Jerry's Foods/Cub Foods policy states that a failure to adhere to these policies will result in severe disciplinary action up to and including dismissal. • JERRY'S FOODSICUB FOODS IS COMMITTED TO THE PRACTICE OF NOT SELLING ALCOHOL OR TOBACCO PRODUCTS TO A MINOR. "I have read and understand the policies regarding sales of liquor and tobacco products. I agree to adhere to these policies and understand that I may be held personally responsible if Ufa to follow them." NAME DATE (print full name) NAME (signature) THIS COPY FOR EMPLOYEE FILE City Council Agenda Item No. 7h MEMORANDUM • DATE: February 5, 2003 TO: Michael McCauley, City Manager FROM: Sharon Klumpp, Interim Assistant City Mana ?rsb� SUBJECT: Resolution Authorizing the Conveyance of a City -Owned Parcel to the Minnesota Department of Transportation The Minnesota Department of Transportation (Mn/DOT) has completed plans for improvements to expand I -94. These plans have previously been reviewed and approved by the City. As part of the improvement project, some acquisition of property along the south side of I -94 is necessary in order to construct storm water detention ponds behind the existing noise wall and highway. In some locations, the noise walls must also be removed and reconstructed to accommodate the detention areas, thus requiring additional right of way acquisition. Mn /DOT is in the process of acquiring property as needed to accommodate the improvement. In October 2002, the City of Brooklyn Center authorized the conveyance of two City -owned parcels located south of 1 -94 and east of Lee Avenue, receiving compensation totally $12,200. At that same time, the City was asked to convey part of Outlot H for the same purpose stated above. City staff requested • additional time to review the State's compensation order. We have now had an opportunity to meet with the State's appraiser and believe the $50,000 to be fair compensation for this parcel. Adoption of the attached resolution is necessary to effect the conveyance of this property to Mn/DOT. In addition to authorizing this conveyance, the resolution also provides for the funds received in exchange for the conveyance of properties to Mn/DOT be equally divided and deposited in the Capital Project Fund and the Infrastructure Construction Fund. • Member introduced the following resolution and moved its • adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE CONVEYANCE OF A CITY -OWNED PARCEL TO THE MINNESOTA DEPARTMENT OF TRANSPORTATION WHEREAS, the Minnesota Department of Transportation (Mn/DOT) has prepared the preliminary design for sound wall and storm drainage improvements as part of the improvements to I -94; and WHEREAS, Mn/DOT desires to use a parcel owned by the City of Brooklyn Center and located on the south side of I -94, east of Xerxes and west of Brooklyn Drive, for storm water ponding and sound wall replacement to accommodate the expansion of I -94; and WHEREAS, said parcel is located behind homes on 66 Avenue North and 65 Avenue North, more specifically described as that part of Outlot H shown as Parcel 339A on Minnesota Department of Transportation Right of Way plat numbered 27 -5; and WHEREAS, Mn/DOT has requested that the City of the Brooklyn Center convey the City -owned parcel to Mn/DOT in exchange for compensation in accordance with State of Minnesota • laws. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that 1. The conveyance of this parcel of City -owned land to the Minnesota Department of Transportation for the purpose of constructing storm water ponding and a noise wall is hereby authorized, pursuant to the authority of Minnesota statutes. 2. The City Council accepts compensation from the Minnesota Department of Transportation in an amount of $50,000 for this property. 3. The Mayor Pro Tern and City Manager are authorized and directed to take such actions as necessary to effect the conveyance thereof. 4. When received, the $50,000 compensation for the conveyance of this parcel will be deposited as follows: $25,000 to the Capital Projects Fund and $25,000 to the Infrastructure Construction Fund. 5. Similarly, upon receipt of the $12,200 compensation for the October 2002 conveyance of two parcels, $6,100 will be deposited to the Capital Projects • Fund and $6,100 will be deposited to the Infrastructure Construction Fund. • 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. • M /DOT parsk.cel ROONT OF WAY PARCEL LAYOUT MINNESOTA DEPARTMENT OF TRANSPORTATION � Topographic information required: Proposed R/W l i n e & access taking. Lot lines & dimensions. Show north arrow. Outline & location of buildings & improvements. Streets or highway frontage. C. S. 2786(94 = 392)901 �. P. 2786 -116 COUNTY HENNEPIN PARCEL NO. 339A OWNER CITY OF BROOKLYN CENTER Scale 1" = 300 fit. I I N I I l o� - ' SWI 14 - NWI /4 I I SE 114 - NWI 14 00 o / ✓ _�4 p �/ i ` \`\ ji jo / o 'tee ,�__ .. Wr , ;° _ fB acc .ts i to-_ O I M Id I I Ilo ° I ! «'': If�k 1 ° o/o o �y�' �+I�c�_i! . ;::•:;-� I / � ` I to ° I - / +w _- ` ,�� r • ..,�..:.: �., 0 o � NEI 14 SWI 14 NW114 SWI 14 I r o o`o I I • I I I I Layout sketch by MJG Date 3/26/02 Parcel No. 339A • City Council Agenda Item No. 7i • s • • MEMORANDUM DATE: February 5, 2003 TO: Michael J. McCauley, City Manager FROM: Joyce Gulseth, Public Works Administrative Aide SUBJECT: Resolution Providing for Hearing on Proposed Special Assessments for Diseased Tree Removal Costs, Delinquent Weed Removal Costs, and Delinquent Public Utility Service Accounts The purpose of this resolution is to order a public hearing on Monday, March 10, 2003 at 7 p.m. or as soon thereafter as the matter may be heard, to hear and pass upon all objections, if any, to the proposed special assessments for diseased tree removal costs, delinquent weed removal accounts, and delinquent public utility service accounts. All trees have been declared a public nuisance in the past City Council resolutions, and the trees have been removed by the City's tree contractor in accordance with established policy. Delinquent weed destruction account property owners have received notice of delinquent • accounts in accordance with the established collection policy and have not made payment. Property owners with delinquent public utilities service accounts have received notice of delinquent account in accordance with the established collection policy and have not made payment. Proposed levy rolls are attached for the Council's information, except for the Delinquent Public Utility Service Accounts. That proposed levy roll has over 500 entries and is quite lengthy. It will be available for inspection Monday night. Future Council actions include the ublic hearing at the specified date and adoption of the p g p p resolution to certify the special assessment levy rolls with Hennepin County. The interest rate is 5.5 percent, as previously established by the Council. • • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION PROVIDING FOR HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS, DELINQUENT WEED REMOVAL COSTS, AND DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS BE IS RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. A hearing shall be held on the 10th day of March, 2003 in City Hall at 7 p.m. or as soon thereafter as the matter may be heard, to pass upon the proposed assessments for the following charges: Diseased Tree Removal Costs Delinquent Weed Removal Costs Delinquent Public Utility Service Accounts 2. The City Clerk with the assistance of the Acting Director of Public Works shall forthwith prepare assessment rolls for the above charges, and shall keep them on file and open to inspection by any interested persons. • 3. The City Clerk is directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing. 4. The City Clerk shall cause mailed notice to be given to the owner of each parcel described in such assessment rolls not less than two weeks prior to the hearing. 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. RESOLUTION NO. 2003 - CITY OF BROOKLYN CENTER PENDING SPECIAL ASSESSMENT ROLL FEBRUARY 10, 2003 TREE REMOVAL 2003 &UNICIPAL CODE NO. 22 Levy runs five (5) years PROPERTY ASSESSED OWNER LEVY PROPERTY Address Name NO. IDENTIFICATION NO. AMOUNT L egal Descr Mailing Address 15682 01- 118 -21 -21 -0028 $1,231.50 5916 ALDRICH AVE N BRUCE & CECELIA HOLMSTROM 15682 01- 118 -21 -23 -0077 $255.50 1210 58TH AVE N TIMOTHY & CATHERINE LAMERE 15682 01- 118 -21 -31 -0078 $1,018.50 5518 DUPONT AVE N EUGENE SHAFER 15682 01- 118 -21 -33 -0158 $365.75 5456 EMERSON AVE N BARBARA PLOUMEN 15682 02- 118 -21 -43 -0127 $365.75 2206 54TH AVE N MARY BETH DAVIDSON 15682 03- 118 -21 -12 -0025 $412.80 6024 EWING AVE N GLENN & BLANCHE HAMILTON 15682 03- 118 -21 -21 -0109 $283.85 3912 61ST AVE N NENG THAO & YOUA HER 15682 27- 119 -21 -31 -0050 $752.25 7137 FRANCE AVE N FAYE LARRY 15682 33- 119 -21 -41 -0011 1 $283.85 16331 NOBLE AVE N WILLIAM BISEK 15682 34-119-21-12-0042 $334.25 15682 34- 119 -21 -34 -0016 ' $283.85 13806 JANET LA N ISTEVEN DAVID & ! JOSEPHINE LARSON 15682 34- 119 -21 -43 -0035 1 $1,657.50 13501 62ND AVE N JANTHONY MICHAELSON $7,245.35 • RESOLUTION NO, 2003- • CITY OF BROOKLYN CENTER PENDING SPECIAL ASSESSMENT ROLL FEBRUARY 10, 2003 WEED DESTRUCTION 2003 MUNICIPAL CODE NO. 22 Levy runs one (1) year PROPERTY ASSESSED OWNER LEVY PROPERTY Address Name NO. IDENTIFICATION NO. AMOUNT Leg Descri ption Mailinq Address 15683 01- 118 -21 -21 -0026 $130.00 15942 ALDRICH AVE N PAVLO & TETYANA VAGNER 15683 03- 118 -21 -41 -0002 $90.00 5601 XERXES AVE N ]HOP REALTY CORP 450 NORTH BRAND BLVD 7TH FLOR GLENDALE, CA 91230 15683 34- 119 -21 -12 -0008 $130.00 6700 FRANCE AVE N EUGENE & MALDIN AMOS 3525 COLFAX AVE S #3 MINNEAPOLIS MN 55408 15683 36- 119 -21 -12 -0038 $130.00 LOT 30 AUDITOR'S SUBD NO 310 DAVID EVANSON 2208 73RD AVE N BROOKLYN PARK MN 55444 TOTAL $480.00 • • City Council Agenda Item No. 7j r • MEMORANDUM DATE: February 4, 2003 TO: Michael McCauley, City Manager FROM: Scott Briny, Consulting Engineer SUBJECT: Resolution Requesting a Variance from Minnesota Department of Transportation State Aid Rules, Improvement Project No. 2002 -05, Xerxes Avenue North Reconstruction (Northway Drive to 1 -94) As part of the 2002 Garden City South Street Reconstruction Project, Xerxes Avenue North was reconstructed between Northway Drive and 1 -94. Xerxes Avenue North is designated as a Municipal State Aid Street, and the City's intent from the beginning of the project was to fund the majority of the Xerxes Avenue reconstruction with municipal state aid funds. Plans were submitted to Mn/DOT for approval as required. Bids were opened for the Garden City South project (including Xerxes Avenue North) on April 17, 2002. The plans for Xerxes were formally approved by Mrn/DOT State Aid on May 9, 2002. The City Council subsequently awarded a contract to Arcon Construction on May 13, 2002. • In submitting a request to State Aid for the reimbursement of funds to the City, staff was informed that a variance would be required as a result of violation of a State Rule, more specifically identified and described as follows: Per Chapter 8820.2800, Subp. 2, "Only those projects for which final plans are approved by the state -aid engineer before opening of bids or approving a force account agreement are eligible for state -aid construction funds... ". As mentioned above, bids were opened prior to the plans being approved. It is unknown for certain why bids were opened prior to approval, but it may have been believed at the time that bid award rather than bid opening was contingent upon plan approval. Also, in order to begin construction in a timely fashion and avoid delays, it may have been felt that the bid opening date needed to remain firm. In more recent years, Mn/DOT has become much stricter in enforcing this rule. In any event, in order to have the City's funds released, a resolution requesting the variance must be submitted to Mn/DOT State Aid. Mn/DOT State Aid staff has informed us that this is considered an administrative procedure, and it is expected that our reimbursement request will be processed upon receiving a resolution requesting a variance request. The City has requested a reimbursement in the amount of $458,583.12. It is recommended that the City Council approve the attached resolution requesting Mn/DOT for a variance from State Aid rules as described. • • adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION REQUESTING A VARIANCE FROM MINNESOTA DEPARTMENT OF TRANSPORTATION STATE AID RULES, IMPROVEMENT PROJECT NO. 2002 -05, XERXES AVENUE NORTH RECONSTRUCTION (NORTHWAY DRIVE TO I -94) WHEREAS, the City of Brooklyn Center receives Municipal State Aid (MSA) funds to pay for certain roadway improvements to city streets designated as part of the MSA system; and WHEREAS, City Project 2002 -05, MSAP 109 - 110 -09, Xerxes Avenue North Reconstruction, from Northway Drive to I -94, is identified as part of the MSA system in the City of Brooklyn Center; and WHEREAS, the City of Brooklyn Center was required to submit plans to the Minnesota Department of Transportation for review and approval, prior to the opening of sealed bids in accordance with State of Minnesota Rules; and WHEREAS, State of Minnesota Rule Chapter 8820.2800, Subp. 2 states "Only those • projects for which final plans are approved by the state -aid engineer before opening of bids or approving a force account agreement are eligible for state -aid construction funds... "; and WHEREAS, the City of Brooklyn Center opened bids for said project on April 17, 2002, prior to approval of plans by the state -aid engineer dated May 9, 2002; and WHEREAS, the City must be granted a variance from the Minnesota Department of Transportation before the City can be reimbursed state -aid funds. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that 1. The City of Brooklyn Center requests that the Minnesota Department of Transportation grant the City a variance from State of Minnesota Rule Chapter 8820.2800, Subp. 2 which states "Only those projects for which final plans are approved by the state -aid engineer before opening of bids or approving a force account agreement are eligible for state -aid construction funds..."; for City Project 2002 -05, MSAP 109- 110 -09. . 2. The City of Brooklyn Center requests reimbursement of state aid funds from the Minnesota Department of Transportation for said project upon granting of said variance. • • 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. 8a i • MEMO To: Michael J. McCauley, City Manager From: Ronald A. Warren, Planning nd Zoning S cialis` t J g g e p Subject: City Council Consideration Item - Planning Commission Application No. 2003- 002 Date: February 5, 2003 On the Feberuary 10, 2003 City Council Agenda is Planning Commission Application No. 2003- 002 submitted by Dean Gannon requesting Site and Building Plan Approval to construct a four unit townhome complex at the northeast comer of 50th Avenue North and France Avenue North (5000 France Avenue North). Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2003 -002 and also an area map showing the location of the property under consideration, various site and building plans for the proposed development, the • Planning Commission minutes relating to the Commission's consideration of this matter and other supporting documents. This matter was considered by the Planning Commission at their January 30, 2003 meeting and was recommended for approval. It is recommended that the City Council, following consideration of this matter, approve the application subject to the conditions recommended by the Planning Commission. • Application Filed on 01 -15 -03 City ouncil Action Should Be • ty Taken By 03 -16 -03 (60 Days) Planning Commission Information Sheet Application No. 2003 -002 Applicant: Dean Gannon Location: Northeast Corner of 50th and France Avenues North (5000 France Avenue North) Request: Site and Building Plan Approval The applicant, Dean Gannon, is seeking site and building plan approval to construct a four unit townhome complex on the 19,955 sq. ft. (.46 acres) site located at the northeast corner of 50 & France Avenues North (5000 France Avenue North). The property in question is zoned R -4 (Multiple Family Residence) and is surrounded on the north by R -1 zoned property containing a single family home; on the east by R -4 zoned property containing a multiple family dwelling; on the south by 50 Avenue with I -2 (General Industry) zoned property housing various industrial uses on the opposite side of the street; and on the west by France Avenue also with I -2 zoned property and uses on the opposite side of the street. The R -4 zone allows as a permitted use multiple family dwellings of 1 % to 2 stories in height at a density requiring 3,600 sq. ft. of land per dwelling unit. This district also allows R -3 uses (Townhomes) as permitted uses provided they adhere to the R -3 district requirements. The R -3 • district, among other things, requires 5,400 sq. ft. of land per dwelling unit. DRh= The site in question is 19,955 sq. ft. in area. At 5,400 sq. ft. of land per dwelling unit, this four unit proposal would require 21,600 sq. ft. of land. The applicant proposes to meet the zoning ordinance density requirements by utilizing the provision contained in Section 35 -400 Subdivision lb, which allows the total minimum land area to be reduced by 500 sq. ft. for each required parking stall in or under a multiple residence. He proposes two tuck under garages per dwelling unit, which allows the minimum land area for this development to be reduced by 4,000 sq. ft. requiring a total land area of 17,600 sq. ft. This proposal, therefore, meets the zoning ordinance density requirements. It should be noted that if the applicant were proposing to have a 1 Vito 2 story apartment building (also a permitted use), he could have at least a six unit complex given the density requirements for such a use. ACCESS/PARKINCT The applicant proposes 18 ft. double wide driveways along France Avenue leading to the garages for each of the units. The driveways will be served by an 18 ft. wide curb cut and will be separated by 9 ft. 4 in. landscaped areas. The driveway closest to the 50 and France intersection is about 34 ft. away from the 50 Avenue North right of way line and about 53 ft. from the edge of the 50 Avenue pavement. Both the 25 ft. sight triangle and 55 ft. clear view triangle can be • 1 -30 -03 Page 1 maintained even if there is a vehicle parked in the driveway closest to the intersection. No access • to the site is proposed from 50` Avenue North. The Zoning Ordinance requires a minimum of two off street (or on site) parking spaces per dwelling unit in a residential zone. As mentioned previously, there will be two garage spaces and at least two additional driveway spaces meeting the ordinance requirements for parking. The driveway depths are 35 ft. to 46 ft. measured from the property line to the building setbacks. An additional 13 ft. exists from the property line to the edge of the street. It appears that each driveway will be able to accommodate parking for four vehicles in addition to the two garage spaces. Adequate off street parking is available. GR AT)TNCTIDR AINACTF/t 1TT1 TTTF4 The applicant has submitted preliminary grading, drainage and utility information that is being reviewed by the City's Consulting Engineer. The site is to small to require review by the Shingle Creek Watershed Management Commission. The survey submitted shows sanitary sewer and water main existing in both France and 50 Avenues. Each of the proposed townhome units will have a separate sewer and water connection. The manner and location of these connections is being reviewed by Mr. Brink and the Building Official. There is concern regarding the location and timing of connections to the utilities in France Avenue because France Avenue was reconstructed last year. (Note: 50` • Avenue west of France connecting with Azelia Avenue at the railroad tracks was also completed recently.) A final wear course for France Avenue will be done during the next construction season. Mr. Brink wants to see utility connections made before the final wear course is completed, otherwise the street may have to be redone at the applicant's expense or another plan devised. The applicant's planned construction scheduled appears to be such that the utility connections can be made before completion of France Avenue. The applicant will be responsible for constructing concrete driveway aprons and reconstructing curb and gutter within the France Avenue right of way according to city specifications. No curb and gutter other than at the street line, is required on the site as driveways in this case are considered the same as single, family driveways in R -1 and R -2 zoning districts. Either concrete or bituminous driveways, however, are required between the concrete driveway apron and the garages. Drainage from the driveways will be to France Avenue then north along the gutter line to existing storm sewer. There is a bituminous walk located within the 50` Avenue North right of way that clips a corner of the proposed site. If there is no existing public easement for this walkway, one will have to "be provided. • 1 -30 -03 Page 2 L AN DS C APTNI T/S CR EENTNG The applicant has submitted a landscape plan combined with the site plan. His landscape proposal is to make use of existing landscaping as much as possible and to infill with some new landscaping to meet the point system and screening requirements where a multiple residence use abuts R -1 zoned property. Attached for the Commission's review are photos of the site showing existing growth. The site is wooded with relatively heavy growth along the north and east sides. The planting schedule provided shows 150 existing landscape points with cedar and elm trees. The applicant plans to add, or infill, 12 Techny Arborvitae shrubs along the north property line to provide required screening for the abutment with the R -1 property to the north. This area already has wooded growth along with the cedar and elm trees. The Zoning Ordinance requires a 15 ft. buffer area where this site abuts R -1 zoned property. This buffer area cannot be used for structures, other than fences. Parking, driveway areas, garages and storage are also not allowed in this buffer area and the area is to be landscaped. A minimum 4 ft. high opaque screen fence, or City Council approved substitute such as landscaped screening, is required. The applicant is requesting that the City acknowledge the heavily wooded area on the north side of the site along with the additional arborvitae shrubs and the existing trees to be appropriate screening meeting the intent of the Zoning Ordinance screening requirements. The site is .46 acres and requires a minimum of 90 landscape points based on the landscape point • system utilized by the Planning Commission for evaluating landscape plans. As noted previously, the applicant indicates that they have 150 points in existing trees (cedar and elm) shown on the plan and plan to add 12 Techny Arborvitae for six additional points to total 150 landscape points. They meet the Zoning Ordinance requirements for at least one 6 in. tree by preserving existing trees on the site. The distribution of landscaping in the point system gives them a total of 87 landscape points (50 percent shade trees, 40 percent decorative trees, 25 percent shrubs). We would recommend that applicant be required to provide additional shrubs particularly foundation plantings by the front of the units and in the green areas between the driveways. It should also be noted that one of the existing cedar trees is located within the site and clear view triangles at the corner of 50 and France. It appears that this tree will not create a site obstruction between 2 % ft. and 10 ft. above the center line grade of the intersecting streets, however, some trimming of the cedar may be necessary. RT J DTNCT As previously mentioned, four townhome units are proposed. The building setbacks will be stepped back from 35 ft. for the southerly most unit to approximately 46 ft. for the unit on the north. Each unit will have a tuck under double stall garage. Living room, dining and kitchen areas are on the first floor with three bedrooms, bathrooms and a laundry room on the second floor. A gas fireplace is indicated in the living room and a 12 ft. by 16 ft. concrete patio to the • 1 -30 -03 Page 3 rear of the units is served by a sliding glass door. The exterior treatment will be a gray vinyl lap • siding with white vinyl trim and black asphalt shingles. The applicant plans to rent these units, which will require the need for a rental dwelling license from the City. He has also indicated a desire to possibly sell the units individually in the future. This will require the applicant to either replat the property or file a condominium declaration with Hennepin County under the Minnesota Condominium Act. TR A SH/T JGHT1NCs Trash and outside lighting will be the same as that for a single family home. The proposed use is a permitted use requiring site and building plan approval only. No public hearing is required, therefore, no notices of the Planning Commission's consideration were sent. RFC OM ATTC)N The plans appear to be in order and approval is recommended subject to at least the following conditions: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. • 2. Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of building permits to assure the completion of site improvements. 4. The applicant shall submit an as built survey of the property, improvements and utility service lines prior to the release of the performance guarantee. 5. The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems prior to the issuance of building permits. 6. The applicant shall provide appropriate erosion and sediment control devices on site during construction as approved by the City Engineering Department. 7. All work performed and materials used for the construction of utilities and curb and gutter shall conform to the City of Brooklyn Center's current standard specifications and details. • 1 -30 -03 Page 4 • 8. All driveways in this development shall be either blacktop or concrete in accordance with the requirements of the Zoning Ordinance. 9. The landscape plan shall be modified prior to the issuance of building permits to include additional shrubbery around the foundation of the building and in the green strip areas between the driveways. i 10. The proposed landscaping along the north side of the site is considered to be an acceptable substitute for meeting the screening requirements of the Zoning Ordinance. 11. The property owner shall execute an appropriate sidewalk easement, as approved by the City Engineer, for the portion of bituminous sidewalk at the southwest corner of the site. Said easement shall be executed prior to the issuance of building permits for this project. 12. The owner shall obtain a rental dwelling license from the City of Brooklyn Center if the town home units are to be rented. 13. 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C� r 1 i 1 i• I _// S� • �pRELIMIW.Ia'( -N?{ FoR o°NSTreu�Tl01.1� I /i� /oy� mI PNWBCItq n.+r�+brrM�wr.v�+��nr..�b�rre r.. BROOKLYN CENTER TOWNHOUSES � rr��.re•ue�ir,...rrr..rr Fil!]1'AI� sago rR wts everroa m iu- nen • MEMORANDUM DATE: January 28, 2003 TO: Ron Warren, Planning and Zoning Specialist FROM: Scott A. Brink, Consulting Engineer SUBJECT: Preliminary Site Plan Review Brooklyn Center Townhomes France Avenue North at 50 Avenue North I have reviewed the proposed development at the Northeast corner of 50th Avenue North and France Avenue North and offer the following comments. The plans provided are from Mary Hustad Architectue, undated, and were received by the City on January 15, 2003. The plan sheets do not provide utility or grading and drainage plans. The applicant must provide these plans prior to the City granting any approvals. Utilities Record drawings indicate that single services (water and sewer) extend to the property from France Avenue, from a 10 -inch diameter sewer main located in the center of the • street and from a 10 -inch diameter cast iron main located 10 feet west of the sanitary sewer. Facing 50th Avenue North, a single sewer service extends from the MCES interceptor located in the center of the street. Any new services from the MCES line would require the approval of MCES. In addition, in order to provide water service from 50th Avenue N., a connection or connections would need to be made to an existing 10 -inch diameter cast iron pipe located on the south side of the street. Because of the proposed alignment of the four units along France Avenue, it would appear to be appropriate to extend services from France. It is my understanding that the four units proposed will require individual sanitary sewer and water connections. A significant concern is the amount of excavating work required to install the new utilities. Typically, this would not be a concern but in this particular instance, France Avenue North was recently reconstructed (last fall). However, the final lift of pavement (wear course) remains to be installed, and will be placed this coming spring construction season. As with any street utility excavation, full restoration of the street will be required. Full restoration and replacement would include the full depth of the street, concrete curb and gutter and/or driveways on both sides of the street for the full*length of the street bordering the property. Prior to issuing any building permits, a deposit or credit equivalent to covering the full replacement of the street would be required. • • If development of the site and the extension of utilities occurs after the road is completed (placement of the wear course), excavation into France Avenue will not be allowed, and utility service will require extension from 50th Avenue North. Again a utility plan must be submitted by the applicant. Driveways The plan shows four (4) individual driveways extending from France Avenue. It is recommended that this be reduced to two common or shared driveways as shown per a previous preliminary plan. Because France Avenue is a collector street and experiences amounts of traffic much higher than the typical street, the reduction in access and conflict points is recommended for safety purposes. As mentioned previously under utilities, the construction of driveways would require the removal of curb and gutter and pavement of the new street. Prior to issuing any building permits, a deposit or credit equivalent to covering the full replacement of the street would be required. Grading and Drainage A grading and drainage plan has not been provided by the applicant as part of this submittal. A grading, drainage, and erosion control plan must be submitted prior to • issuing any building permits or further approvals. • i • MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION JANUARY 30, 2003 CALL TO ORDER The Planning Commission meeting was called to order by Chair Willson at 7:32 p.m. ROLL CALL Chair Tim Willson, Commissioners Stephen Erdmann, Rex Newman, Sean Rahn, and Dianne Reem were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Rebecca Crass. Graydon Boeck and John Whitehead were absent and excused. APPROVAL OF MINUTES — JANUARY 16, 2003 There was a motion by Commissioner Newman, seconded by Commissioner Reem, to approve the minutes of the January 16, 2003, meeting as submitted. The motion passed. Commissioner Erdmann abstained as he was not at the meeting. • CHAIR'S EXPLANATION Chair Willson explained the Planning Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. APPLICATION NO. 2003 -002 — DEAN GANNON Chair Willson introduced Application No. 2003 -002, a request for site and building plan approval for a four -unit townhome complex at the northeast corner of 50 Avenue North and France Avenue (5000 France Avenue North). Mr. Warren presented the staff report using overhead transparencies to describe the location of the property. (Refer to Planning Commission Information Sheet dated 1 -30 -03 for Application No. 2003 -002 attached.) He advised the property is zoned R -4 (Multiple Family Residence) and allows as a permitted use multiple family dwellings of 1 %z to 2 stories in height with a density requirement of 3,600 sq. ft. of land per dwelling unit. This district also allows R -3 uses (Townhomes) as permitted uses provided they adhere to the district requirements, such as 5,400 sq. ft. of land per dwelling unit. The site is 19,955 sq. ft. in area. There was discussion by the Commission regarding the driveway size and placement on the site as well as requirements for green strips. Mr. Warren explained that the City Engineer's comments were related to safety issues with the driveway access on France Avenue which is a collector street and he and the City Engineer plan to meet with the applicant next week to discuss • this further. 1 -30 -03 Page 1 • Commissioner Reem inquired about garbage pickup and storage on the site. Mr. Warren responded that this property must comply with City Ordinances for garbage pickup as it relates to any residential property. He noted that garbage pick up would be the same as a single family home, there will be no common area trash container area. Commissioner Erdmann asked how maintenance needs would be addressed in the future if the units were sold as individual units. Mr. Warren explained that in order for the units to be sold individually, the property would need to be replatted and a Condominium Declaration filed with the County. Such documents would address common area ownership and maintenance. The applicant, Mr. Dean Gannon, introduced himself. Commissioner Reem asked the applicant if he knew how the neighbors would feel about this being rental property. It was noted that since no public hearing is required for site and building approval, neighbors were not notified of tonight's meeting. Commissioner Newman asked for a history on the property. Mr. Warren responded that the parcel was previously occupied by a single family home, which was demolished. The property was rezoned from R -1 to R -4 when all of the properties along 50th Avenue were rezoned several years ago. The property was owned by the owner of the industrial building on the opposite side of 50 for a number of years. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2003 -002 — DEAN GANNON There was a motion by Commissioner Newman, seconded by Commissioner Rahn, to recommend to the City Council that it approve Application No. 2003 -002, submitted by Dean Gannon for Site and Building Plan approval to construct a four -unit townhome complex on the 19,955 sq. ft. (46 acres) site located at the northeast corner of 50 and France Avenues North (5000 France Avenue North) subject to the following conditions: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of building permits to assure the completion of site improvements. 4. The applicant shall submit an as built survey of the property, improvements and utility service lines prior to the release of the performance guarantee. 5. The property owner shall enter into an easement and agreement for maintenance • and inspection of utility and storm drainage systems prior to the issuance of building permits. 1 -30 -03 Page 2 • 6. The applicant shall provide appropriate erosion and sediment control devices on site during construction as approved by the City Engineering Department. 7. All work performed and materials used for the construction of utilities and curb and gutter shall conform to the City of Brooklyn Center's current standard specifications and details. 8. All driveways in this development shall be either blacktop or concrete in accordance with the requirements of the Zoning Ordinance. 9. The landscape plan shall be modified prior to the issuance of building permits to include additional shrubbery around the foundation of the building and in the green strip areas between the driveways. 10. The proposed landscaping along the north side of the site is considered to be an acceptable substitute for meeting the screening requirements of the Zoning Ordinance. 11. The property owner shall execute an appropriate sidewalk easement, as approved by the City Engineer, for the portion of bituminous sidewalk at the southwest corner of the site. Said easement shall be executed prior to the issuance of building permits for this project. • 12. The owner shall obtain a rental dwelling license from the City of Brooklyn Center if the townhome units are to be rented. 13. The owner shall replat the property or file a condominium declaration per the Minnesota Condominium Act if the units are to be sold separately. Voting in favor: Chair Willson, Commissioners, Erdmann, Newman, Rahn, and Reem. The motion passed unanimously. The Council will consider the application at its February 10, 2003 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. CRITICAL AREA AND MISSISSIPPI NATIONAL RIVER AND RECREATION AREA PLAN Chair Willson introduced the Critical Area and Mississippi River Recreation Area Plan Update, noting that a public hearing would be held following staff's presentation. Mr. Warren advised t sed th ale al notice was published to advertise the public hearing as required g p p g q by City Ordinances. • 1 -30 -03 Page 3 PUBLIC HEARING— CRITICAL AREA AND MISSISIPPI NATIONAL RIVER AND RECREATION AREA PLAN There was a motion by Commissioner Newman, seconded by Commissioner Erdmann to reopen the public hearing for discussion and adoption of the Critical Area and Mississippi National River and Recreation Area Plan at 8:35 p.m. The motion passed, unanimously The Chair called for comments from the public. No persons from the public appeared before the Commission during the public hearing on the Critical Area Plan. Mr. Warren reviewed the Critical Area and Mississippi National River and Recreation Area Plan with the Commission and explained the City's requirements to development such a plan. He explained that there would be no significant change in land use in these areas in order to preserve the land. He added that the DNR and the National Park Service are the City's major contacts for this plan. Commissioner Reem asked about the area between 6620 and 6720 Willow Lane where there has been some erosion. Mr. Warren explained the Army Corps of Engineer's plan to rectify that area later this summer. Mr. Warren added that an ordinance will be drafted to adopt the plan and is subject to DNR review. Commissioner Rahn left the meeting at 9:00 p.m. • Commissioner Newman asked if there was anything in the plan that might threaten the existence of the single family homes along the river. Mr. Warren responded that could only happen if the properties are currently non - conforming and that would limit them from being rebuilt in case they were destroyed. However, a property owner could seek a variance from the City if such a situation created a hardship. CLOSE PUBLIC HEARING There was a motion by Commissioner Reem, seconded by Commissioner Newman, to close the public hearing on the Critical Area and Mississippi National River and Recreation Area Plan at 9:00 p.m. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. The Commissioners interposed no objections to approval of the Critical Area and Mississippi National River and Recreation Area Plan. ACTION TO RECOMMEND APPROVAL OF THE CRITICAL AREA AND MISSISSIPPI NATIONAL RIVER AND RECREATION AREA PLAN There was a motion by Commissioner Reem, seconded by Commissioner Erdmann, to recommend to the Council that it approve the Critical Area and Mississippi National River and Recreation Area Plan. Voting in favor: Chair Willson, Commissioners Erdmann, Newman, and Reem. The • motion passed unanimously. 1 -30 -03 Page 4 • OTHER BUSINESS Commissioner Reem advised that she would not be able to attend the February 13 and 27, 2003, meetings. Mr. Warren explained to the Commission his conversation with Commissioner Whitehead relating to his absence from Planning Commission meetings. He stated that he would like to continue to serve on the Commission and is attempting to alter his work schedule to allow him to be in attendance. Commissioner Whitehead will keep Mr. Warren informed. The Commission expressed its best wishes to Commissioner Boeck who recently underwent surgery. There was no other business. ADJOURNMENT There was a motion by Commissioner Newman, seconded by Commissioner Erdmann, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 9:16 p.m. Chair Recorded and transcribed by: Rebecca Crass I • 1 -30 -03 Page 5 City Council Agenda Item No. 9a City of Brooklyn Center A Millennium Community • MEMORANDUM TO: Mayor Kragness, Counc'lmembers Cann , Lasman, Niesen, and Peppe FROM: Michael J. McCauley DATE: February 6, 2003 SUBJECT: Rescheduling Work Session I am proposing to reschedule the Work Session on February 18, 2003, to immediately follow the Regular City Council Meeting on Monday, February 24, 2003. Since this is the first Work Session of the year and involves information regarding major projects for 2003, I think it would be essential that all City Council Members be able to participate in the Work Session. Since we will not be able to have all Council Members participate on February 18, 2003, rescheduling the Work Session to immediately following the Regular City Council Meeting on February 24, 2003, would afford the opportunity for all Council Members to participate. pp t3' P p • 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 • City Council Agenda Item No. 9b 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: February 5, 2003 SUBJECT: An Ordinance Amending Chapter 4, Section 4.05, of the Brooklyn Center City Charter On January 22, 2003, the City Council met in joint session with the Charter Commission. One of the issues raised was the amendment to the City Charter in Chapter 4, Section 4.05, regarding withdrawal of candidates. Attached is a memorandum from Charter Commission Chair Robert Cambanes recommending the City Council adopt an ordinance to effect the change to Section 4.05 of the City • Charter. History In July 2002 the City Council had considered an ordinance amendment affecting Chapter 4, Section 4.05, and Chapter 3, Section 3.01. The ordinance amendment was referred back to the Charter Commission for further clarification regarding Section 3.01. The Charter Commission Chair surveyed the Charter Commission members regarding the proposed amended language and responded back to the City Manager that the Charter Commission members responded in the affirmative to the amended language. The ordinance amendment was brought before the City Council in September 2002 and was again referred back to the Charter Commission for further clarification for the reasoning for the language change in Section 3.01. There was no quorum of the Charter Commission at its October 2002 meeting, so discussion was brought forth at the January 22, 2003, joint meeting with the City Council. The Charter Commission will continue to review the language in Section 3.01, but unanimously agreed to recommend that the City Council adopt the amended language to Section 4.05. Attachments * 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cityolbrooklyncenter.org • CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 10th day of March, 2003, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall Council Chambers, 6301 Shingle Creek Parkway, to consider an amendment to Chapter 4, Section 4.05, of the Brooklyn Center City Charter. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763 -569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 4, SECTION 4.05, OF THE BROOKLYN CENTER CITY CHARTER THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 4.05 of the Brooklyn Center City Charter is hereby amended as follows: Section 4.05. WITHDRAWAL OF CANDIDATE. Any person whose name has been presented in the manner provided for in the foregoing section as a candidate may, no later than 5:00 D.M. • two days not later- gmn twelve ( 2) e ' e leek neeft ef th e d ay after the last day for filing, cause such name to be withdrawn from nomination by filing with the City Clerk a request to do so in writing, and no name so withdrawn shall be printed upon the ballot. Section 2. This ordinance shall be effective after adoption and ninety (90) days following its legal publication. Adopted this day of , 2003. Mayor ATTEST: City Clerk Date of Publication: Effective Date: (Strikeout indicates matter to be deleted, underline indicates new matter.) • • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Robert Cambanes, Charter Commission Chair DATE: January 23, 2003 SUBJECT: Charter Recommendation Regarding Section 4.05 of the City Charter The Brooklyn Center Charter Commission unanimously recommends the City Council adopt an ordinance to effect the change to Section 4.05 of the City Charter as previously proposed to conform with State Statutes. The Charter Commission will continue to review Section 3.01 regarding terms of officers. • City of Brooklyn Center A Millennium Community MEMORANDUM TO: Mayor Kragness, Councilmembers Lasman, Nelson, Peppe, and Ricker FROM: Michael J. McCauley, City Manager DATE: September 4, 2002 SUBJECT: Charter Changes The City Council previously tabled introduction of an ordinance proposed by the Charter Commission seeking clarification on the Charter Commission's understanding on their recommendations. State Law requires one of the recommendations; the other recommendation on when the term of a Council Member would start, is not required by State Law. The Charter Commission recommended a change in the Charter Section 3.01 to be the same language as applicable to statutory cities. We have now received correspondence from the Charter Commission indicating that they do support changing Section 3.01. The matter is now back before the City • Council to act upon the recommendation of the Charter Commission. • 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 • Brooklyn Center Charter Commission August 22, 2002 RECE AUG Z 6 2002 Mr. Michael J. McCauley, City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center MN 55430 Re: Recommended Changes to the Brooklyn Center City Charter g Yn tY Dear Mr. McCauley In response to your July 26, 2002 letter to me, please be advised that I have conducted a survey of the Charter Commission members, in the form of a mailed questionnaire accompanied b a co of our letter, and m P Y PY Y � Y cover letter, asking whether they continue to support the proposed change to • Section 3.01 of the Charter, in accordance with the Commission's action at the June 26, 2002 meeting. All members have replied in the affirmative. Accordingly, I recommend that the City Council proceed with the consideration of an ordinance to effect this change in the Charter. Thank you for calling this matter to our attention. Should you have any further questions or comments, please contact me at 763 -560 -0108. Sincerely, Sy app, Chair, 2002 -03 Brooklyn Center Charter Commission 7221 Riverdale Rd. Brooklyn Center MN 55430 -1319 cc: all members of the Charter Commission • To: Brooklyn Center Charter Commission Members From: Sy Knapp, Chair 2002 -03 Date: July 30, 2002 Re: Enclosed letter from City Manager Relating to Changes to the Charter As Recommended by our Commission on June 26, 2002 In the enclosed letter City Manager McCauley advises that one of the two charter changes which we recommended at our June 26 meeting is not mandated by State law. Specifically the change in question is this: • under our current charter, "newly- elected officers shall be sworn in and assume the duties of the office to which they were elected on or after the first business day of January, or at the first City Council meeting in January, or as soon thereafter as practical' • if the change is made to coincide with the (non- mandated) provision of the state law, the charter would then be amended to read that "Terms of elective officers shall commence on the first Monday in January following the election at which the officer is chosen. All officers chosen and qualified as such shall hold office until their successors qualify': While I was under the impression that this change was mandated by the law, as probably you were too, I see no benefit in retaining the existing provision, and note the following • (possible) benefits to making the change: 1. I believe that, in making this change, Brooklyn Center's process and timetable would more closely resemble that of most other cities; and 2. The new provision would specify that, in the event there is a reason (I don't know what it would be, but I suppose it could happen) that a newly- elected officer would not "qualify" to hold office on the normal date, that person's predecessor would continue to hold office until the newly - elected one qualifies. While I see no reason to call a special meeting to deal with this issue, it would seem to make sense to have the Council deal with both issues at the same time. Accordingly, I ask that you review the matter and advise me by return mail (see question on enclosed sheet) whether you continue to support the change, or if you believe it should be reviewed by the Commission again. If all of you agree to support the proposed change without further discussion, I will so advise the City Manager. If there is not unanimous agreement, I will place this matter on the agenda for our October 23, 2002 meeting. Thank you for your attention to this matter and your response to the question. If possible, please return your response to me in the enclosed, self - addressed and stamped envelope no later than August 15, 2002. • cc: Michael J. McCauley, City Manager Sy . PP Office of the City Manager City of Brooklyn Center A Millennium Community • Michael J. McCauley City Manager July 26, 2002 Mr. Sy Knapp, Chair Brooklyn Center Charter Commission 7221 Riverdale Road Brooklyn Center, MN 55430 RE: RECOMMENDED CHANGES TO THE BROOKLYN CENTER CITY CHARTER Dear Mr. Knapp: The City Council reviewed the recommended changes to Section 4.05 and Section 3.01 of the City Charter. The City Council requested clarification whether the Charter Commission was recommending the change to Section 3.01 because the Charter Commission felt that this language was better than the current language in Section 3.01 regarding when Officers take office. In reviewing the materials that were received from the Charter Commissi on, it appears that the proposed language submitted by the Charter Commission was taken. from Minnesota Statute Section 412.02, Subdivision 2. This section of Minnesota Law is superceded by the City's Charter. While the City could certainly adopt provisions in its Charter identical to those contained in • Minnesota Statute 412.02, Subdivision 2, it is not required to do so. Hence the request for clarification from the City Council was whether the Charter Commission feels that the proposed change in Section 3.01 is warranted because the language in the Statute is felt to be better than the current Charter language or if perhaps the Charter Commission was under the impression that the City Charter needed to conform to the language in Section 412. Section 4.05 of the City Charter as proposed to be amended by the City Council is, as opposed to the proposed modification to Section 3.01 of the City Charter mandated by State Law in Minnesota Statute Section 205.13, Subdivision 6, as indicated in Ms. Knutson's July 31, 2000 memorandum. The Council is prepared to introduce an ordinance change to effect that recommendation after receiving clarification from the Charter Commission on the proposed change to Section 3.01 of the Charter. The City Council would appreciate clarification on this issue from the Charter Commission at their convenience. Since Michael J. Mc u y City Manager MJM:mr • c: Mayor and Council Members .. 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 • To: Sy Knapp, Brooklyn Center Charter Commission Chair 2002 -03 Re: Response to your letter dated July 30, 2002 Please be advised that: Yes, I continue to support the proposed change to Section 3.01 of the Charter, in accordance with the Commission's action at the June 26, 2002 meeting. No, I prefer to have this matter reconsidered at our next meeting. • by: Charter Commission member date: (return to Sy Knapp in the enclosed self - addressed and stamped envelope). • MINUTES OF THE PROCEED • INGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION JULY 22, 2002 CITY HALL - CONFERENCE ROOM A CALL TO ORDER STUDY SESSION The Brooklyn Center City Council met in Study Session and was called to order by Mayor Myrna Kragness at 6:00 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Ed Nelson, Bob Peppe, and Tim Ricker. Also present were City Manager Michael McCauley, Assistant City Manager Jane Chambers, and Deputy City Clerk Maria Rosenbaum. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Council discussed City Council Agenda items 7d, Resolution Authorizing the City Manager to Enter • Into an Easement Agreement with the Property Owner at 5700 Camden Avenue, 8a, An Ordinance Vacating Certain Storm Sewer Easement Within Lot 7, Block 1, BOBENDRIER' S 4' ADDITION, 8b, An Ordinance Amending Section 19 -403 of the City Ordinances of the City of Brooklyn Center Regarding the Sale and Use of Fireworks, and 9d, An Ordinance Amending Chapter 3, Section 3.01, and Chapter 4, Section 4.05, of the Brooklyn Center City Charter. It was the consensus of the Council to have agenda item 7d, Resolution Authorizing the City Manager to Enter Into An Easement Agreement with the Property Owner at 5700 Camden Avenue, deleted from the agenda for more research to be done on the roe • and to have a genda item 9d P p rt3'� g An Ordinance Amending Chapter 3, Section 3.01, and Chapter 4, Section 4.05, of the Brooklyn Center City Charter, referred back to the Charter Commission for clarification. DISTRICT 286 GRANDVIEW PARK LAND EXCHANGE UPDATE City Manager Michael McCauley provided an update on the District 286 Grandview Park land exchange. SMART GROWTH MEETING ON AUGUST 8" Mr. McCauley discussed that he had received information from Tim Rood of Calthorpe and that they are working on the planning concepts for the area east of Shingle Creek Parkway. MISCELLANEOUS • There were no miscellaneous items discussed. 07/22/02 -1- If the grant is awarded, the grant period runs from October 1, 2002, through September 30, 2002, and • the monies would be dedicated to pay officers overtime for traffic safety initiatives. RESOLUTION NO. 2002-99 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE EXECUTION OF AGREEMENT BETWEEN THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY AND THE BROOKLYN CENTER POLICE DEPARTMENT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Ricker. Motion passed unanimously. 9d. AN ORDINANCE AMENDING CHAPTER 3, SECTION 3.01, AND CHAPTER 4, SECTION 4.05, OF THE BROOKLYN CENTER CITY CHARTER Mr. McCauley discussed that the Council had discussed this issue at its Study Session and it was suggested that the item be referred back to the Charter Commission for clarification on the content of Chapter 3, Section 3.01. There was a motion by Councilmember Nelson, seconded by Councilmember Lasman to refer this item back to the Charter Commission for clarification on the content in Chapter 3, Section 3.01. Motion passed unanimously. 9e. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES OF THE CITY OF BROOKLYN CENTER REGARDING ENCROACHMENTS ON YARD SETBACK REQUIREMENTS Mr. McCauley discussed that this ordinance amending Chapter 35 would eliminate seasonal swimming pools from the setback and encroachment requirements. Currently residents with above ground pools put up in the spring and taken down in the fall are required to make an annual application to the City for a permit to erect the same. This amendment would get the City out of the business of regulating the location of temporary, above ground pools. Mayor Kragness questioned if this would eliminate the need for fencing. Mr. McCauley informed the Council that this amendment does not eliminate the need for fencing where fencing would be required now. A motion b Councilmember y Co ilmember Lasman, seconded by Councilmember Ricker to approve first reading and set second reading and public hearing for August 26, 2002. Motion passed unanimously. • 07/22/02 -6- • 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 SEPTEMBER 9, 2002 CITY HALL COUNCIL /COMMISSION CONFERENCE ROOM CALL TO ORDER STUDY SESSION The Brooklyn Center City Council met in Study Session and was called to order by Mayor Myrna Kragness at 6:00 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Ed Nelson, Tim Ricker, and Bob Peppe. Also present were City Manager Michael McCauley, Assistant City Manager Jane Chambers, Consulting Engineer Scott Brink, and Deputy City Clerk Maria Rosenbaum. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS • rand ncil discussed City Council agenda item l Od, An Ordinance Amending Chapter 3, Section 3.0 1, Chapter 4, Section 4.05, of the Brooklyn Center City Charter. It was the consensus of the ncil to have this item removed from the agenda and sent back to the Charter Commission for her clarification regarding the reasoning for the language change in the City's Charter. Council further discussed agenda items, 7d, Resolution Authorizing the City of Brooklyn Center to Act as Fiscal Agent for the 2003 -2005 Minnesota Department of Children, Families, and Learning, After School Enrichment Grant; 10c, Minnesota Transportation Alliance; and 10f, Resolution Calling for a Public Hearing on An Amendment of the Tax Increment Financing Plan for Tax Increment District Number Four (TIF 4). AUGUST CITY COUNCIL RETREAT DRAFT REPORT /GOALS FOR 2003 City Manager Michael McCauley discussed the proposed changes that he would like to see and questioned the Council if they had any changes to the draft report and goals for 2003 before putting this item on the City Council Agenda for approval. It was the consensus of the Council to have the suggested changes directed to Carl Neu and to have this item put on a City Council Agenda for approval. • 09/09/02 _ 1 _ 10d. AN ORDINANCE AMENDING CHAPTER 3, SECTION 3.01, AND CHAPTER 4, SECTION 4.05, OF THE BROOKLYN CENTER CITY CHARTER The City Council removed this item from the agenda and will refer the issue back to the Charter Commission for further clarification. 10e. MINNESOTA TRANSPORTATION ALLIANCE Mr. McCauley discussed that he believes it would be appropriate for the City to discontinue its membership with the Minnesota Transportation Alliance since the Association of Metropolitan Municipalities had discontinued its membership and the League of Minnesota Cities has suspended its membership. A motion by Councilmember Lasman, seconded by Councilmember Peppe to direct City Manager to withdraw membership from the Minnesota Transportation Alliance. Motion passed unanimously. lof. RESOLUTION CALLING FOR A PUBLIC HEARING ON AN AMENDMENT OF THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT DISTRICT NUMBER FOUR (TIF 4) Mr. McCauley discussed that this resolution calls for a public hearing on an amendment of the tax • increment financing plan for increment district number four (TIF 4) to provide that the original local tax rate no longer applies. The City could then increase the original tax rate to the level of the current tax rate. RESOLUTION NO. 2002 -122 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION CALLING FOR A PUBLIC HEARING ON AN AMENDMENT OF THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT DISTRICT NUMBER FOUR (TIF 4) The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Ricker. Motion passed unanimously. log. AN ORDINANCE AMENDING CHAPTER 34 OF THE CITY ORDINANCES REGARDING DEVELOPMENT COMPLEX SIGNS Mr. McCauley discussed this ordinance amendment would amend the City's Sign Ordinance, Chapter 34, regarding development complex signs. A new category would be added called "Development Complex Signs" that would be allowed under certain circumstances in the Commercial (C -1 and C -2) and industrial (I -1 and I -2) zoning districts. • 09/09/02 -11- City of Brooklyn Center Office of the City Clerk A Millennium Community MEMORANDUM TO: Michael J. McCauley, City Mana er FROM: Sharon Knutson, City Clerk DATE: July 17, 2002 SUBJECT: An Ordinance Amending Chapter 3, Section 3.01, and Chapter 4, Section 4.05, of the Brooklyn Center City Charter In June I forwarded information to the Charter Commission Chair regarding City Charter language that was not compliant with State Statute language. I've attached the information that was forwarded to and reviewed by the Charter Commission. The Charter Commission met and reviewed the information on June 26, 2002. Charter Commission Chair Sy Knapp e- mailed me that the Charter Commission unanimously voted to recommend adoption • of the two charter changes to comply with current state laws. Attached is an ordinance amending Chapters 3 and 4 of the City Charter to change the language to comply with statutory language. Attachments 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 CITY OF BROOKLYN CENTER • Notice is hereby g iven that a public y g p b is hearing will be held on the 26th day of August, 2002, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall Council Chambers, 6301 Shingle Creek Parkway, to consider amendments to Chapters 3 and 4 of the Brooklyn Center City Charter. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763 -569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 3, SECTION 3.01, AND CHAPTER 4, SECTION 4.05, OF THE BROOKLYN CENTER CITY CHARTER THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 3.01 of the Brooklyn Center City Charter is hereby amended as follows: Section 3.01. COUNCIL MEETINGS. The City Council shall hold regular meetings at such • time and place as it by motion shall determine. Terms of officers elected at the time of a regular municipal election provided for by this charter shall commence on the first Mondav in January followine the election at which the officer is chosen. All officers chosen and aualified as such shall hold office until their successors Qualify. O ffi e l eet oa a t t h e fi e , ala::x.uf4eipal eleetion provided fer- by this elh_arte�rshall bepwArn in d assume the duties of the effieete an whiehthey were eleeted on or- after- the first business day of januar-y, eF at the first City CE)UH61 meeting in T i+uar- ', of as soon = her-ea t c: as t.:aztieak Officers elected at a special election shall be sworn in and assume the duties of office to which they were elected on any business day or at any City Council meeting after the issuance by the City Clerk of the Clerk's certificate of election. Newly appointed Council members shall take the oath of office and assume the duties of office upon appointment, or on any business day, or at any Council meeting after being appointed. The Mayor or any two members of the Council may call special meetings of the Council upon at least twenty -four (24) hours' written notice to each member of the Council. Such notice shall be delivered personally to each member or shall be left at the member's usual place of residence with some responsible person. All meetings of the Council shall be in compliance with the Minnesota Open Meeting Law, and any records thereof shall be made available at all reasonable times. Section 2. Section 4.05 of the Brooklyn Center City Charter is hereby amended as follows: Section 4.05. WITHDRAWAL OF CANDIDATE. Any person whose name has been presented • in the manner provided for in the foregoing section as a candidate may, no later than 5:00 D.M. two days after the last day for filing, cause such name to be withdrawn from nomination by filing with the City Clerk a request to do so in writing, and no name so withdrawn shall be printed upon. the ballot. Section 3. This ordinance shall be effective after adoption and ninety (90) days following its legal publication. Adopted this 26th day of August, 2002. Mayor ATTEST: City Clerk Date of Publication: September 4, 2002 Effective Date: December 3, 2002 (Strikeout indicates matter to be deleted, underline indicates new matter.) • • ' Office of the City Clerk City of Brooklyn Center A Millennium Community • MEMORANDUM TO: Sy Knapp, Brooklyn Center Charter Commission Chairperson FROM: Sharon Knutson, City Clerk 5 w. L� DATE: June 18, 2002 SUBJECT: City Charter Changes Attached are two pieces of correspondence relating to City Charter language that is not compliant with State Statute language; the statutory language prevails in both cases. The first relates to Section 4.05, Withdrawal of Candidate. The second relates to Section 3.01, Council Meetings. I forward this information to the Charter Commission for its review and recommendation. If the Charter Commission . chooses to amend the City Charter, please let me know and an ordinance amending the City Charter will be drafted and submitted to the City Council. Attachments 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 .3[ City of Brooklyn Center Office of the City Manager A great place to start. A great place to stay. 0 Michael I McCauley City Manager August 1, 2000 Mr. Stanley Leino Charter Commission Chair 7118 France Avenue North Brooklyn Center, MN 55429 Dear Mr. Leino: During the 2000 Legislative Session, a new law was signed by the Governor relating to the withdrawal period for municipal candidates. The enclosed memorandum from the City Clerk was forwarded to me and reviews the change. This new law affects the City Charter and is being forwarded to you for discussion and review by the Charter Commission. Sin' , MichZanag� l J. Mc e City MJM :sk Enclosures 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer City of Brooklyn Center A great place to start. A great place to stay. • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk 46b�_*PA,� DATE: July 31, 2000 SUBJECT: Change in Election Law Which Affects City Charter During the 2000 Legislative Session, Governor Ventura signed into law the election housekeeping bill, H.F. 2826. One of the changes in the law relates to the withdrawal period for municipal candidates, Minn. Stat. 205.13, subd. 6. The withdrawal period was lengthened from %z day to two days effective August 1, 2000. The new law readg: "a candidate for municipal elective office may withdraw from the election by filing an affidavit of withdrawal with the municipal clerk no later than 5:00 p.m. two g— after the last day for filing affidavits of candidacy. Thereafter, no candidate may file an affidavit of withdrawal." • This change in law affects the City Charter, Section 4.05, Withdrawal of Candidate, which incorporates the language from Minn. Stat. 205.13, subd. 6. The City Charter should be amended to incorporate the new language. Since the filing period for municipal candidates for Brooklyn Center was prior to the effective date for the new law change (July 4 -18), the withdrawal period was 12 o'clock noon of the day after the last day for filing. Please advise as to action which needs to be taken. • 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action/Equal Opportunities Employer Minnesota Session Laws 2000, Chapter 467 http: / /www. revisor. leg. state.mn.us /slaws /2000 /c467.htmi person to the filing officer. The candidate shall state in writing the reason for being unable to submit the affidavit during the filing period. The affidavit, filing fee, and • petitions must be submitted to the filing officer during the seven days immediately preceding the candidate's absence from the state. In cities of the first class, and in any city where the use of nominating petitions is permitted under the city's charter, a nominating petition for a candidate who will be absent from the state during the filing period may be signed during the 14 days immediately precedina the date when the affidavit of candidacy is filed. Sec. 27. Minnesota Statutes 1998, section 205.13, subdivision 6, is amended to read: Subd. 6. [WITHDRAWAL.] A candidate for a municipal elective office may withdraw from the election by filing an affidavit of withdrawal with the municipal clerk by 12 alel e neen —sf thc: dmay no later than 5:00 p.m. two days after the last day for filing affidavits of candidacy. Thereafter, no candidate may file an affidavit of withdrawal. Sec. 28. Minnesota Statutes 1998, section 205.17, subdivision 1, is amended to read: Subdivision 1. [SECOND, THIRD, AND FOURTH CLASS CITIES; TOWNS.] In all statutory and home rule charter cities of the second, third and fourth class, and in all towns, for the municipal general election, the municipal clerk shall have printed on light green paper the official ballot containing the ` names of all candidates for municipal offices. The ballot shall be printed in blee ks quantities of 25, 50, or 100, shall be headed "City or Town Election Ballot," shall state the name of the city or town and the date of the election, and shall conform in other respects to the white ballot used at the state general election. The names shall be arranged on city ballots in the • manner provided for the state elections. On town ballots names of the candidates for each office shall be arranged either: (1) alphabetically according to the candidates' surnames; or (2) in the manner provided for state elections if the town electors chose at the town's annual meeting to arrange the names in that way for at least two consecutive years. Sec. 29. Minnesota Statutes 1998, section 205A.06, is amended by adding a subdivision to read: Subd. lc. [ABSENT CANDIDATES.] A candidate for the office of school board member who will be absent from the state during the filing period may submit a properly executed affidavit of candidacy, the appropriate filing fee, and any necessary Petitions in person to the filing officer. The candidate shall state in writing the reason for being unable to submit the ' affidavit during the filing period. The affidavit, filing fee, and petitions must be submitted to the filing officer during the seven days immediately preceding the candidate's absence from the state. Sec. 30. Minnesota Statutes 1998, section 205A.06, subdivision 5, is amended to read: Subd. 5. [WITHDRAWAL.] A candidate for a school district elective office may withdraw from the election by filing an affidavit of withdrawal with the school district clerk by 12:-99 neen ef the day no later than 5:00 p.m. two days after the last day for filing affidavits of candidacy. After that date, no candidate may file an affidavit of withdrawal. Sec. 31. Minnesota Statutes 1998, section 206.90, subdivision 6, is amended to read: • Subd. 6. [BALLOTS.] In precincts using optical scan voting systems, a single ballot card on which all ballot information is included must be printed in black ink on white colored material except that marks not to be read by the automatic tabulating 10 of 12 08101/2000 3:34 PM CHAPTER 4 • NOMINATIONS AND ELECTIONS Section 4.01. THE REGULAR Mtn .SAL Fi_,FCTIQN. A regular municipal election shall be held on the first Tuesday after the first Monday in November of even - numbered years at such place or places as the City Council may designate. The City Clerk shall give at least two (2) weeks previous notice of the time and place of holding such election and of the officers to be elected and such other matters to be voted upon by posting in at least one public place in each voting precinct and by publication at least once in the official newspaper, but failure to give such notice shall not invalidate such election. Section 4.02. PRIMARY ELECTIONS. On Tuesday, at least six (6) weeks in advance of the regular municipal election, there shall be a primary election for the selection of two nominees for each elected office at the regular municipal election unless no more than two nominees file for each elective office. When two vacancies exist on the Council and the number of candidates is more than four, the four candidates receiving the highest number of votes shall be the nominees for the offices named. The City Clerk shall give at least two (2) weeks previous notice of the time and place of holding such election and of the officers to be elected by posting in at least one (1) public place in each voting precinct and by publication at least once in the official newspaper, but failure to give such notice shall not invalidate such election. Section 4.03. SPECIAL ELECTIONS. The Council may by resolution order a special election and • provide all means for holding it. At least three (3) weeks of weekly published notice of a special election shall be given in the official newspaper. The procedure at such election shall conform as nearly as possible to that prescribed for other municipal elections. Section 4.04. FILE BY AFFIDAVIT. Upon payment of the proper filing fee of five dollars ($5) to the Clerk, the Clerk shall place the name of the candidate upon the primary election ballot without partisan designation. Section 4.05. WITHDRAWAL OF CANDIDATE. Any person whose name has been presented in the manner provided for in the foregoing section as a candidate may, not later than twelve (12) o'clock noon of the day after the last day for filing, cause such name to be withdrawn from nomination by filing with the City Clerk a request to do so in writing, and no name so withdrawn shall be printed upon the ballot. City of Brooklyn Center -8- City Charter MINNESOTA ELECTION LAWS -2000 . 410.20 RECALL AND REMOVAL OF OFFICERS; ORDINANCES. Such commission may also provide for the recall of any elective municipal officer and for removal of the • officer by vote of the electors of such city, and may also provide for submitting ordinances to the council by petition of the electors of such city and for the repeal of ordinances in like manner; and may also provide that no ordinance passed by the council, except an emergency ordinance, shall take effect within a certain time after its passage, and that if, during such time, a petition be made by a certain percentage of the electors of the city protest- ' ing against the passage of such ordinance until the same be voted on at an election held for such purpose, and then such ordinance to take effect or not as determined by such vote. History: (1294) 1909 c 170 s 5; 1959 c 305 s 5; 1986 c 444 410.21 APPLICATION OF GENERAL ELECTION LAWS.. New Material 20001 The provisions of anv charter of any such city adopted rnirsuant to this chapter shall be valid and shall control as to nominations. nrimary elections. and elections for municipal offices. notwithstanding that such charter provi- sions may be inconsistent with any general law relating thereto, and such general l aws shall apply only in so far as consistent with such charter. Historv: (1295) 1909 c 170 s 6 412.02 CITY ELECTIONS; OFFICERStTERMSjVACANCIES i Subdivision 1. Officers elected. The following officers shall be elected for the terms and in the years shown and in the cities described in the table. Number of Years in City • Officer Term Year Elected Elected Mayor Two Every two years Every statutory or four except where city four years is otherwise provided pursuant to statute Clerk Four Every four years Every statutory in year when standard plan city treasurer is not in which there is elected no clerk - treasurer Treasurer Four Every four years Every statutory in year in which standard plan city clerk is not in which there is elected no clerk - treasurer Clerk- Four Every four years Every statutory Treasurer in year in which standard plan city one council where such office member is exists pursuant to elected subdivision 3 Three Four Two every four Every statutory Council years and one in standard plan city • members alternative with a council of election five 183 MINNESOTA ELECTION LAWS - 2000 Four Four Two each Every statutory Council election optional plan city • members with a council of five Five Four Three every four Every statutory Council years and two in standard plan city members alternative with a council election of seven Six Four Three each Every statutory Council election optional plan city members with a council �^ of seven tSubd:2:.;Term:.Terms °of: elective _officers_shall..commenceon the. first,iii'Jarivary.followirigal - q Monday ,_, election at wluch is chosen: All_ officers chosen and;quahfied as such shall hold�office until their succes -> sors qualify �. Subd. 2a. Vacancy. Except as otherwise provided in subdivision 2b, a vacancy in an office shall be filled by council appointment until an election is held as provided in this subdivision. In case of a tie vote in the council, the mayor shall make the appointment. If the vacancy occurs before the first day to file affidavits of candidacy for the next regular city election and more than two years remain in the unexpired term, a special election shall be held at or before the next regular city election and the appointed person shall serve until the qualification of a successor elected at a special election to fill the unexpired portion of the term. If the vacancy occurs on or after the first day to file affidavits of candidacy for the regular city election or when less than two years remain in the unexpired term, there need not be a special election to fill the vacancy and the appointed person shall serve until the qualifi- cation of a successor. The council must specify by ordinance under what circumstances it will hold a special • election to fill a vacancy other than a special election held at the same time as the regular city election. Subd. 2b. Inability or refusal to serve. A vacancy in the office of mayor or council member may be declared by the council when the officeholder is unable to serve in the office or attend council meetings for a 90- day period because of illness, or because of absence from or refusal to attend council meetings for a 90 -day period. If any of the preceding conditions occurs, the council may, after it has by resolution declared a vacancy to exist, fill the vacancy at a regular or special council meeting for the remainder of the unexpired term, or until the person is again able to resume duties and attend council meetings, whichever is earlier. When the person is again able to resume duties and attend council meetings, the council shall by resolution remove the temporary office- holder and restore the original officeholder. Subd. 3. Clerk, treasurer combined. In cities operating under the standard plan of government the council may by ordinance adopted at least 60 days before the next regular city election combine the offices of clerk and treasurer in the office of clerk - treasurer, but such an ordinance shall not be effective until the expiration of the term of the incumbent treasurer or when an earlier vacancy occurs. After the effective date of the ordinance, the duties of the treasurer and deputy treasurer as prescribed by this chapter shall be performed by the clerk- treasurer or a duly appointed deputy. he offices of clerk and treasurer may be reestablished by ordinance. If the offices of clerk and treasurer are combined as provided by this section and the city's annual revenue for all governmental and enterprise funds combined is more than $100,000, the council shall provide for an annual audit of the city's finan- cial affairs by the state auditor or a public accountant in accordance with minim auditing procedures prescribed by the state auditor. If the offices of clerk and treasurer are combined and the city's annual revenue for all govern- mental and enterprise funds combined is $100,000 or less, the council shall provide for an audit of the city's financial affairs by the state auditor or a public accountant in accordance with minimum audit procedures pre- scribed by the state auditor at least once every five years, which audit shall be for a one -year period to be deter- mined at random by the person conducting the audit. Subd. 4. Repealed, 1973 c 34 s 7 Subd. 5. Repealed, 1983 c 359 s 151 184 • CHAPTER 3 PROCEDURE OF COUNCIL Section 3.01. COUNCIL MEETINGS. The City Council shall hold regular meetings at such time and place as it by motion shall determine. Officers elected at the time of a regular municipal election provided for by this charter shall be sworn in and assume the duties of the office to which they were elected on or after the first business day of January, or at the first City Council meeting in January, or as soon thereafter as practical. Officers elected at spec ial election shall be sworn in and assume the duties of office to which they were elected on any business day or at any City Council meeting after the issuance by the City Clerk of the Clerk's certificate of election. Newly appointed Council members shall take the oath of office and assume the duties of office upon appointment, or on any business day, or at any Council meeting after being appointed. The Mayor or any two members of the Council may call special meetings of the Council upon at least twenty -four (24) hours' written notice to each member of the Council. Such notice shall be delivered personally to each member or shall be left at the member's usual place of residence with some responsible person. All meetings of the Council shall be in compliance with the Minnesota Open Meeting Law, and any records thereof shall be made available at all reasonable times. Section 3.02. SECRETARY OF COUNCIL. The City Clerk or the City Clerk's designee shall act as Secretary of the Council. The Clerk shall keep a journal of Council proceedings and such other records and perform such other duties as may be required by this charter or as the Council may require. The • Council shall choose such other officers and employees as may be necessary to serve at its meetings. In the absence of the City Clerk, the Council may designate any other official or employee of the City (except the City Manager or a member of the Council) to act as Secretary of the Council. Section 3.03. RULES OF PROCEDURE AND OUORUM. The Council shall determine its own rules and order of business. A majority of all members shall constitute a quorum to do business, but a smaller number may adjourn from time to time. The Council may by ordinance provide a means by which a minority may compel the attendance of absent members. Section 3.04. ORDINANCES. RESOLUTIONS AND MOTIONS. Except as otherwise provided in this charter, all legislation shall be by ordinance. The aye and no vote and abstentions on ordinances, resolutions and motions shall be recorded. An affirmative vote of a majority of all the members of the Council shall be required for the passage of all ordinances and resolutions, except as otherwise provided in this charter. Section 3.05. PROCEDURE ON ORDINANCES. The enacting clause of all ordinances shall be in the words "City of Brooklyn Center does ordain ". Every ordinance shall be presented in writing. No ordinance except an emergency ordinance shall be passed at the meeting at which it is introduced, and at least seven (7) days shall elapse between its introduction and its final passage. Every ordinance, other than an emergency ordinance, shall be published in the official newspaper at least one week prior to the final passage. City of Brooklyn Center -6- City Charter • City Council Agenda .Item No, 9c Member introduced the following resolution and moved its • adoption: RESOLUTION NO. RESOLUTION AUTHORIZING AND DIRECTING THE TRANSFER OF FUNDS FROM THE GENERAL FUND TO THE CAPITAL PROJECTS FUND WHEREAS, the City Council appropriated sums in the 2002 General Fund Budget for the acquisition of a new Police Information System through LOGIS; and WHEREAS, the system has yet to be acquired by LOGIS; and WHEREAS, a contract to acquire the new system will not be signed until mid -year 2003; and WHEREAS, payment for the new system is permitted over a three year period following the acquisition; and WHEREAS, amounts appropriated for the 2002 payment were not billed or paid in 2002; and WHEREAS, amounts appropriated for 2003 and to be appropriated in 2004 will be billed and paid in 2003 and 2004 respectively. • NOW THEREFORE BE IT RESOLVED by the City Council of the City of Brooklyn Center that the following transfer of funds is hereby authorized and directed: Decrease: General Fund Cash ($ 85,000) Account 10100 -1095 Increase Capital Projects Fund Cash $ 85,000 Account 40100 -1095 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • • Memorandum Date: February 4, 2003 To: Michael McCauley City Manager From: Douglas Sell Director of Fiscal and Support Services RE: Fund Transfer— General Fund to Capital Projects Fund City Council approved an appropriation as part of the 2002 Budget that provided for the first payment of a new police information management system. This new system was to be contracted for in 2002. The City has an option to pay the entire assessment up front or to make the three annual payments to LOGIS for development and acquisition costs beginning in 2002. Acquisition of the system has been delayed and a contract for the system has yet to be issued. Amounts due LOGIS for the new system were not billed or disbursed in 2002 as the contract was not in place. This results in an appropriation of $85,000 in the General Fund for a specific purpose that should be transferred to a capital fund as a reserved amount. The City will eventually pay for the system and it would be • beneficial to reserve funds currently appropriated for this purpose. The Capital Projects Fund provides for capital outlay items that are funded from multiple sources over an extended period of time. Such is the situation with the new police system through LOGIS. Amounts appropriated in 2002 for the acquisition of the new system went unspent as a result of delays by LOGIS in the final acquisition. These delays were related to system evaluation to ensure it would meet the organization needs of those departments using the police system. As noted, the City has an option to pay for the system with three annual payments plus interest. According to Ms. Hartwig, there is a cost for the extended payment plan. There is an interest charge of $5,078 if the City opts to extend the term for three years. By reserving funds appropriated in 2002, the City remains on schedule to fully pay for the system by 2004. An alternative to consider would be payment in full in 2003 saving the interest charges. With the 2003 appropriation of $87,000 and the proposed transfer of $85,000 from the 2002 Budget, payment in full could be effected at year -end 2003 with the final payment of $82,000 recorded as a prepaid expense in 2003 and charged in 2004. The attached resolution provides for a transfer from the General Fund to the Capital Projects Fund with an effective date of December 31, 2002. This transfer will effectively reduce the Police Department- Support Services budget for 2002 by $85,000. This will support the Council's goal of providing capital for projects of this nature and accounting • for them in the Capital Projects Fund. mem McCauley020403 Transfers.doc i City Council Agenda Item No. 9d Member introduced the following resolution and • moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING THE CITY OF BROOKLYN CENTER CRITICAL AREA AND MISSISSIPPI NATIONAL RIVER AND RECREATION AREA PLAN WHEREAS, the Mississippi River Critical Area was designated by Executive Order No. 130 of the Governor of Minnesota in 1976 based on the Minnesota Critical Area Act of 1973; and WHEREAS, this designation of the river and its corridor as a critical area was reaffirmed and continuer) in 1979 through Executive Order No. 79 -19; and WHEREAS, this act required that special plans and zoning regulations be prepared by local units of government within the designated Mississippi Critical Area Corridor through the Twin Cities Metropolitan Area; and WHEREAS, Minnesota Rules require that Critical Area Plans be reviewed and updated; and • WHEREAS, the Congress of the United States in 1988 created the Mississippi National River and Recreation Area (MNRRA) as a unit of the national park system and called for the National Park Service to assist state and local units of government "to protect, preserve and enhance the significant values of the waters and land of the Mississippi Corridor within the St. Paul- Minneapolis Metropolitan area through voluntary plans and goals"; and WHEREAS, the City of Brooklyn Center has undertaken a plan entitled "City of Brooklyn Center Critical Area and Mississippi National River and Recreation Area Plan" that fulfills both the state requirements and the federal voluntary policies; and WHEREAS, said plan has been reviewed by the Metropolitan Council, the Minnesota Department of Natural Resources and the National Park Service and their various comments and recommendations have been incorporated into the plan; and WHEREAS, said plan was then reviewed by the Brooklyn Center Planning Advisory Commission at a public hearing that began on December 12, 2002, and was continued to January 16 and January 30, 2003; and WHEREAS, the Brooklyn Center Planning Advisory Commission recommended that the City Council of the City of Brooklyn Center approve the City of Brooklyn Center Critical Area and Mississippi National River and Recreation Area Plan; and • RESOLUTION NO. WHEREAS, the City Council considered said plan at its February 10, 2003, meeting. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the - City of Brooklyn Center Critical Area and Mississippi National River and Recreation Area Plan is hereby adopted and shall serve as the binding P olicy of the City to protect the natural, cultural, historic, commercial and recreational value of the Mississippi River Corridor in Brooklyn Center and that this plan also be incorporated into the Brooklyn Center Comprehensive Plan. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center that copies of this plan be forwarded to the Metropolitan Council, the Minnesota Department of Natural Resources and the National Park Service. • Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • i • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Ronald A. Warren, Planning and Zoning S e a ' Ii st g p SUBJECT: City Council Consideration Item — Resolution Adopting The City of Brooklyn Center Critical Area and Mississippi National River and Recreation Area Plan DATE: February 5, 2003 On the February 10, 2003 City Council agenda is a resolution approving the Critical Area and Mississippi National River and Recreation Area Plan. As part of the updated Comprehensive Plan (January 2000), the City was required to update its Critical Area (Mississippi River) Plan, which had been first proposed and developed in 1980. The planning firm of URS (formerly BRW) was retained to provide planning and consulting services for the Critical Area Plan in addition to the work they did for the City's Comprehensive Plan. • The City Council has been provided with a copy of the recommended Critical Area and Mississippi National River and Recreation Area Plan. The plan fulfills the requirements of the state required Critical Area Plan and the federal voluntary policies of the Comprehensive Management Plan for the Mississippi National River and Recreation Area by the National Park Service. The State's Mississippi River Critical Area Act was established in the 1970's and required special plans and zoning regulations be prepared by local governments within the Twin Cities Metropolitan Area. The Critical River Area within Brooklyn Center is designated as an Urban Developed District, which recommends primarily residential land uses. Any expansions or development of industrial, commercial or other non - residential land (except park and open space) should be limited. Other types of districts within the Critical Area include the Rural Open Space District, the Urban Diversified District and the Urban Open Space District. Over 50 percent of the Mississippi River frontage in Brooklyn Center is pubic parkland and is recommended to continue as such. The Mississippi National River and Recreation Area was created by the U. S. Congress in 1988 as a unit of the national park system. The National Park Service is required to provide assistance to state and local governments to protect, preserve and enhance the significant values of the waters and land of the Mississippi River Corridor within the St. Paul- Minneapolis Metropolitan • area. This plan details goals that the National Park Service has identified for the area and the coordinating role that that agency will pursue with local governments. As mentioned previously, the effort is voluntary on the part of the City. The National Park Service does not plan to acquire Page 1 2 -5 -03 any additional land in this area but instead may make federal funds available to local governments for the purchase of land along the river provided it meets with its general policies and goals in this area. The City's plan, we believe, fulfills the requirements of both the State of Minnesota and National Park Service as it relates to the Mississippi River area. The river corridor goals found on Page 5 of the plan are as follows: 1. Protect and preserve a unique and valuable state and regional resource for the benefit of the health, safety and welfare of the citizens of the state, region and nation. Prevent and mitigate irreversible damage to this state, regional and national resource. 2. Preserve and enhance its natural, aesthetic, cultural and historical value for the public use. 3. Protect and preserve the biological and ecological functions of the corridor. 4. Enhance opportunities for outdoor recreation, education and scientific enjoyment • along the river. 5. Protect and preserve the river as an essential element in the national, state and regional transportation, sewer and water systems. 6. Improve the public's understanding of the river and promote public stewardship of the river. Recognize and strengthen people's relationship with the river as a dynamic part of our heritage, our quality of life and our legacy for future generations. The plan reviews and highlights exiting conditions within the designated area such as existing and planned uses, shoreline slopes, vegetation and soils, flood plains, wetlands and creeks, etc. It also reviews land use policies, surface water and resource management policies, public facility and public land ownership policies and plan implementation policies including public coordination and education, development controls and guidance, administration, and capital improvements. A public hearing was scheduled by the Planning Commission to consider the plan for their meeting on December 12, 2002 and was continued to the January 16 and January 30, 2003 meetings. The Planning Commission considered the plan and on January 30, 2003 recommended that the City Council adopt the City of Brooklyn Center Critical Area and Mississippi National River and Recreation Area Plan. • A resolution adopting this plan is recommended for the City Council's consideration. Page 2 2 -5 -03 Brooklyn Center Critical Area Update Publish 11 -27 -02 NOTICE OF PUBLIC HEARING ON PROPOSED CRITICAL AREA AND MISSISSIPPI NATIONAL RIVER AND RECREATION AREA PLAN CITY OF BROOKLYN CENTER Notice is hereby given of a public hearing by the Planning Commission of the City of Brooklyn Center to be held on the 12 day of December 2002, at 7:30 p.m. at the Brooklyn Center City Hall, 6301 Shingle Creek Parkway, for the purpose of making a recommendation to the City Council on the City's proposed Critical Area and Mississippi National River and Recreation Area Plan. Pursuant to Minnesota Statutes and City Ordinances, the City of Brooklyn Center has undertaken an update of its Critical Area and Mississippi National River and Recreation Area Plan and submitted the Plan to the Metropolitan Council and the Minnesota Department of Natural Resources. The City has been advised that its Critical Area and Mississippi National River and Recreation Area Plan is in conformity with State and Federal requirements and voluntary • policies and the City should proceed to put it into effect. A copy of the Critical Area and Mississippi National River and Recreation Area Plan 2002 is available for viewing at City Hall. 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. Respectfully, Ronald A. Warren Planning and Zoning Specialist Dated: November 19, 2002 • f • City Council Agenda Item No. 9e • TO: Michael McCauley, City Manager FROM: Ron Boman, Fire Chief W SUBKECT: Bids for Air Paks & Turnout Clothing DATE: February 4, 2003 I am requesting that we include the following two (2) items for council approval at the next council meeting on February 10, 2003. These two items are being purchased with the FEMA Grant that the fire department received on November 18, 2002. The grant amount I requested was $220,240, with the City required to match 10% or $22,024. We received the check from FEMA in the amount of $198,216, which has been deposited. On February 3, 2003 bids were opened for the turnout clothing. We had only one bidder submit a bid, which was Clary Safety Equipment of Minnesota. Bids were published in the Sun Post on January 23 and 30 in addition I also talked with a couple • of vendor and informed them I was bidding out turnout clothing and bids specifications where available at my office at 6645 Humboldt Ave No. I am recommending that we accept the turnout clothing bid of Clary Safety Equipment of Minnesota in the amount of $58,032 for 52 sets of turnout clothing. I also recommend that we purchase 34, 45- minute Scott Paks (SCBA) with pass alert systems, 34 spare Carbon Air Cylinders and one (1) RIT Pak. A RIT pak is a rescue device used in the event a firefighter needs to be rescued and is also required by OSHA. These Scott Air Paks are being purchased off the Minnesota Fire Agencies Purchasing Consortium Bid contract #NZ- 2002 -4 which expires on December 31, 2003. The purchase prices for the individual items are: • 34 Scott 45- minute air paks (2002 NFPA Version) with AV -3000 face piece $87,420.00 • 34 Pass Alert SE installed on air pak $16,160.00 • 34 Spare Carbon Air Cylinders $26,322.00 • 1 RIT Pak with 60- minute cylinder 1.764.00 Total for SCBA $131,877.00 • • Member introduced the following resolution and moved its adoption: RESOULTION NO. RESOLUTION ACCEPTING QUOTE AND AUTHORIZING THE PURCHASE OF FIFTY -TWO SETS OF TURNOUT CLOTHING FOR FIREFIGHTERS WHEREAS, the Fire Department received a grant from FEMA in the amount of $220,024 for the purchase of turnout clothing, air - pak's, and one thermo- imaging camera; and WHEREAS, the following quote was obtained for the purchase of fifty -two sets of turnout clothing at $1,116.00 each: Clary Safety Equipment $58,032 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the quote from Clary Safety Equipment is hereby accepted and the purchase of fifty - two sets of turnout clothing in the amount of $58,032 is hereby approved. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOULTION ACCEPTING QUOTE FROM MINNESOTA FIRE AGENCIES PURCHASING CONSORTIUM OF SELF CONTAINED BREATHING APPARATUS, CONTRACT NUMBER NZ- 2002 -4, AND AUTHORIZING THE PURCHASE OF THIRTY -FOUR SCOTT AIR PAK'S, THIRTY -FOUR SPARE AIR CYLINGERS, AND ONE RIT PAK FOR FIREFIGHTERS WHEREAS, the Fire Department received a grant from FEMA in the amount of $220,024 for the purchase of air - pak's, a thermo- imaging camera, and turnout clothing; and WHEREAS, the following quote was obtained from the Fire Agencies Purchasing Consortium, Bid Contract No. ZN- 2002 -4, for the purchase of thirty -four sets of breathing equipment, thirty -four spare air bottles, and one RIT pak: Clary Safety Equipment Total Bid $131,877 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the quote from Clary Safety Equipment is hereby accepted and the purchase of thirty - four air pak's, thirty-four spare bottles, and one RIT pak in the amount of $131,877 is hereby • approved. 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. 9f a"" ' J"I Fw, Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACKNOWLEDGING AND SUPPORTING APPLICATIONS FOR FUNDING TO THE MINNESOTA HOUSING FINANCE AGENCY AND FEDERAL HOME PROGRAM BY RESTART INCORPORATED WHEREAS, Restart Incorporated is a 501(C)(3) non -profit corporation that provides residential and support services for persons with cognitive impairments, and; WHEREAS, Restart Incorporated has submitted an application for funding to the Minnesota Housing Finance Agency (MHFA) for the acquisition and rehabilitation of the single family property located at 5550 Girard Avenue North in Brooklyn Center for use as an adult foster care site for four individuals with brain injuries along with a live in staff member, and; WHEREAS, Restart Incorporated has requested the City of Brooklyn Center to support its application to MHFA, and; WHEREAS, Restart Incorporated is also making application to Hennepin County for Federal HOME Program funds for the acquisition and rehabilitation of the single family property located at 5550 Girard Avenue North in Brooklyn Center for use as an adult foster care site for four individuals with brain injuries along with a live in staff member, and; WHEREAS, Restart Incorporated has requested the City of Brooklyn Center to support its application to Hennepin County for fiscal year 2003 Federal HOME program funds, and; WHEREAS, the Brooklyn Center City Council believes it is in the best interest of the City of Brooklyn Center to support Restart Incorporated's applications to MHFA and Hennepin County for acquisition and rehabilitation of the single family property located at 5550 Girard Avenue North for use as an adult foster care facility for brain injured individuals. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota as follows: 1. The City Council acknowledges and supports Restart Incorporated's applications to the MHFA and to Hennepin County for Federal HOME program funds, for acquisition and rehabilitation of the single family home at 5550 Girard Avenue North, Brooklyn Center, for use as an adult foster care facility for four adult individuals with brain injuries. 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. OX City of Brooklyn Center A Millennium Community To: Mayor Kragness and C ncil Members Carmody, Lasman, Niesen, and Peppe From: Michael J. McCaule City Manager Date: February 6, 2003 Re: Restart Inc. request for City Council Resolutions Attached is a memorandum from Tom Bublitz regarding a request from Restart, Inc. for City support for Livable Communities Act funding for an adult foster care site at 5550 Girard Avenue North. Staff has not taken a position on this request. There are issues associated with the request in the current fiscal climate and the pending exploration of the Opportunity Site area. It appears that the funding would be a pass through the City to Restart, Inc. I do not know whether we should consider assuming any responsibilities for this program in a period of great uncertainty and the need to review our own operations. Additionally, the City will be exploring the Opportunity Site area potential and is working with the potential redevelopment of Northbrook. Both of these are activities identified as important potential undertakings. While this part of Livable Communities is • different than potential sources of funding to further study the Opportunity Site area, it still would represent the use of resources and time. The City Council may wish to defer or decline acting on this request. * 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 MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Tom Bublitz, Community Development Specialist / 1 1P DATE: February 4, 2003 SUBJECT: Request from Restart, Inc. Staff has been contacted by Restart, Inc., a non - profit organization that provides residential and support services for persons with cognitive impairments. A "Description and History of Restart" is included with this memorandum. Restart has applied to the Minnesota Housing Finance Agency (MHFA) for funds to assist with the acquisition and rehabilitation of a single family home located at 5550 Girard Avenue North in Brooklyn Center. The home would be used as an adult foster care site for four individuals with brain injuries. There would also be one live in staff member at the site. It should be noted that there are no zoning issues which need to be addressed with this facility since State law permits this type of facility as long as it is licensed by the State and houses six or fewer individuals. • As part of MHFA's application process, the Metropolitan Council allocates approximately $500,000 in Livable Communities Act (LCA) funds for eligible projects in addition to MHFA funds. MHFA is the primary funding agency. A copy of MHFA's Notification of Local Official and Notification of Housing Project relative to this project is included with this memorandum. According to MHFA staff, if any Metropolitan Council LCA funds are to be awarded to the Restart project, the City would need to approve an Acknowledgement of Receptivity to an LCA Funding Award form. A copy of this form is included with this memorandum. Based on conversations with MHFA staff, any LCA funds awarded to the project would be a pass through from the Metropolitan Council through the City to Restart, Inc. The exact mechanics of this process were not known at the time staff contacted MHFA. Restart will also be applying to Hennepin County for Federal HOME Program funds. HOME is the largest Federal block grant designed to create affordable housing. Hennepin County administers HOME Program funds for cities, for profit and non -profit agencies in Hennepin County. Staff from Restart Incorporated has indicated they are seeking half the funding for the acquisition and rehabilitation from MHFA and half from the Federal HOME Program, or approximately $84,000 from each agency. • Restart Incorporated staff has indicated that the application process for Federal HOME funds • requires an expression of support from the City of Brooklyn Center and has requested support from the City for its HOME program application. A Resolution Acknowledging And Supporting Applications for Funding to the Minnesota Housing Finance Agency and Federal HOME Program by Restart Incorporated and Authorizing Execution of Acknowledgement of Receptivity to an LCA (Livable Communities Act) Funding Award has been prepared for Council consideration. Representatives from Restart Incorporated will be present at the February 10, 2003 City Council meeting to respond to questions. • • Member introduced the following resolution and • moved its adoption: RESOLUTION NO. RESOLUTION ACKNOWLEDGING AND SUPPORTING APPLICATIONS FOR FUNDING TO THE MINNESOTA HOUSING FINANCE AGENCY AND FEDERAL HOME PROGRAM BY RESTART INCORPORATED AND AUTHORIZING EXECUTION OF ACKNOWLEDGEMENT OF RECEPTIVITY TO AN LCA (LIVABLE COMMUNITIES ACT) FUNDING AWARD WHEREAS, Restart Incorporated is a 501(C)(3) non - profit corporation that provides residential and support services for persons with cognitive impairments, and; WHEREAS, Restart Incorporated has submitted an application for funding to the Minnesota Housing Finance Agency (MHFA) for the acquisition and rehabilitation of the single family property located at 5550 Girard Avenue North in Brooklyn Center for use as an adult foster care site for four individuals with brain injuries along with a live in staff member; and WHEREAS, as part of MHFA's application for funding, Metropolitan LCA (Livable Communities Act) funds are also awarded on a competitive basis for eligible projects including the application submitted by Restart, Incorporated, and; • WHEREAS, Restart Incorporated has requested the City of Brooklyn Center to support its application to MHFA and Execute an Acknowledgement of Receptivity to an LCA Funding Award; and WHEREAS, Restart Incorporated is also making application to Hennepin County for Federal HOME Program funds for the acquisition and rehabilitation of the single family property located at 5550 Girard Avenue North in Brooklyn Center for use as an adult foster care site for four individuals with brain injuries along with a live in staff member; and WHEREAS, Restart Incorporated has requested the City of Brooklyn Center to support its application to Hennepin County for fiscal year 2003 Federal HOME program funds; and WHEREAS, the Brooklyn Center City Council believes it is in the best interest of the City of Brooklyn Center to support Restart Incorporated's applications to MHFA and Hennepin County for acquisition and rehabilitation of the single family property located at 5550 Girard Avenue North for use as an adult foster care facility for brain injured individuals. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota as follows: RESOLUTION NO. • 1. The City ouncil acknowledges and supports Restart Inco orated' Y s g pp rp applications to the MHFA and to Hennepin Count for Federal HOME program p y p gr funds, for acquisition and rehabilitation of the single family home at 5550 Girard Avenue North, Brooklyn Center, for use as an adult foster care facility for four adult individuals with brain injuries. 2. The City Manager is hereby authorized to execute the Acknowledgement of Receptivity to an LCA Funding Award for Restart Incorporated for the project described in Paragraph No. 1 above. 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. • R oS • Description and History of Restart Restart Incorporated is a non - profit organization, registered as a 501 (c) (3) organization with the federal government, that provides residential and support services for persons with cognitive impairments. The majority of our residents have experienced Traumatic Brain Injury. There are presently 94 000 Minnesotans with Brain In' and the number Jam' P Y � Jm'Y continues to grow. Unlike physical disabilities, cognitive impairments cannot always be readily seen nor are they easily understood. This creates issues of vulnerability, and gives rise to misconceptions and misinterpretations by people in the community that they come in contact with. Vulnerability is the most important barrier faced by the population. Other barriers include limited income, inability to advocate for themselves, safe and appropriate transportation, difficulty reintegrating into the community, and the greatest challenge — restarting their lives again after the trauma of injury. Persons with cognitive impairments have historically been underrepresented and underserved. Persons with cognitive impairments can have meaningful lives and reintegrate into the community if they have support services, including relearning independent living skills and vocational rehabilitation. Restart provides not only affordable housing but support services as well. The foundation of our mission is human rights - every person's right to dignity, quality of life, equal access to opportunity, gainful employment, to be an active • member of a community. The mission of Restart Incorporated is to empower and support persons with brain injuries in achieving their highest level of independence through community living and services. We provide a unique model of services that includes designing structured Program Plans that emphasize independence, re- teaching of skills lost as a result of injury, and focus on our residents achieving self - sufficiency. Before Restart opened in 1986, there were no home -like residential services for persons with brain injury. For 16 years, Restart has offered a safe, stable living environment in the form of family -sized community homes to persons who are considered vulnerable adults. From our first site at 46th and Aldrich, we have grown to 8 residential sites offering a continuum of services from addressing daily physical cares to assisting those almost ready for community reintegration. In May 2001, Restart opened its first Assisted Living program in downtown Minneapolis. This program was undertaken in collaboration with a private developer who is invested in giving back to the community and Hennepin County Adult Services and Community Health Departments. Residents live in their own apartments and staff is available when support is needed. This program is the stepping -stone between the Group Home and living independently in the community. We are committed to its success, and continued growth in all of our service areas. Presently there are 49 residents living within our program, ages ranging from 22 to 64 • years of age of which 65% are male and 35% female. All suffer cognitive deficits as a 825 8th St. South, Suite 816 Minneapolis, MN 55404 (612) 825 -4287 Phone (612) 824 -0927 Fax i • result of brain injury, stroke, MS or Spina Bifida. Our residents are comprised of African Americans, Native Americans, Caucasian and naturalized Americans. Restart also provides Independent Living Skills workers for 64 individuals living in the community from our Outreach Program. Without these services, which maintain their safety in spite of their vulnerabilities, these clients would be in danger of homelessness. Restart has been highly successful in providing specialized, strength-based•care plans for each individual in our program and providing opportunities for personal growth, achievement and maximized independence. A major factor in our success is that we provide a comfortable, home-like atmosphere where all physical necessities of life are met and which enables the individual to concentrate on cognitive rehabilitation and relearning independent living skills in a caring and nurturing environment. This home atmosphere is a source of comfort for a person who is adjusting to dramatic changes in his/her life. Programming and individual goals are designed on the basis of individual strengths with the outcome of maximum independence. Residents are supported and assisted in accessing resources within the community including vocational training and employment. Throughout its history, Restart has demonstrated a strong commitment to provide affordable housing in Hennepin, Ramsey, Dakota and Washington Counties. Restart has shown strength within the communities by integrating our housing units into multi- cultural and diverse neighborhoods. Within the neighborhoods that our sites are located, • there are shopping conveniences, transportation services, social service programs designed to promote community living and employment opportunities, particularly to meet the needs of disabled people. • 2e�ta�t; I v� MWioivStatie* ent For further information JesWW Restart, Inc. is a non - profit organization or dedicated to empowering and supporting to arrange a tour of our sites, persons who are cognitively impaired to reach their maximum potential through Contact our Admissions Coordinator supportive community living and services. at the address or Va�.ueiStateNN�.vLt� telephone number below. Restart, Inc., in partnership with other providers of health and human services, is WIN committed to assisting individuals to sustain successful community living. Restart,, Inc. Restart takes a holistic approach in its Parl(SIde Profession al support of the physical, emotional, and Center spiritual health of the individuals we 825 8th St So,, Suite 816. Residential serve Minneapolis, MN .55404 (612) 825-4287' Site Restart is committed to promoting the advancement of employees by challenging Fax: (6 1 2) 824 -0927. Descriptions them to new understandings, new ideas, E -Mail: Restart inc @aol.co'm and new processes in providing care to individuals on their journey to in- dependence. 1 Ivwi Charlton, 1600 & 1610 is a residential and outreach program Minnehaha focused on adults with cognitive deficits. 1660&.1611 Charlton Street 4654 Minnehaha Avenue South Each participant develops an West St. Paul (Dakota County) Minneapolis (Hennepin County) individualized program tailored to their capabilities and oriented toward Restart's newest built side -by -side duplex for Serving eight, this unique double maximizing their Independence.. eight individuals opened in June of 1998. bungalow setting has Adult Foster Care --------------------------------- - - - - -- They are completely accessible "state of the supervision on one side with the other art" homes. Both the semi- independent and side designed as a semi - independent The Villa the higher physical care site address the needs residence. This structured program 1 111 7th Street South of residents with limited mobility and provide promotes peer interaction, employment, Minneapolis (Hennepin County) the benefits of an exercise room, whirlpool and community involvement. (with hoyer lift), and a stair glider for The Villa provides Assisted Living and wheelchairs. Located in Dakota County, the Independent Living Skills Services for duplex is a half mile from Robert Street, across individuals living in their own apart- the street.from Dodge Nature Center, and near ment. The Villa provides the stepping local churches. stone between residential services and Kathy's Place living independently in the community. 4525 Aldrich Avenue South Minneapolis (Hennepin County) Elliot As the original Restart house, Kathy's 614 4317 Elliot Avenue South Place continues to be a popular choice a 614 8th Street Southeast Minneapolis (Hennepin County) a transitional /Foster Care Site. We Minneapolis (Hennepin County) provide a structured environment This permanent semi- independent home which includes individualized This site offers a spacious duplex provides a home environment for four. The programming for eight residents, bus accommodation near the University of program structure gives the residents the training, and networking in the Minnesota. It combines transitional opportunity to live in an extended family community. The main focus of the programming for five residents on the model maintaining their home and living program is to help people move on to second and main floors. The lower level independently. greater independence.* is designed as a two bedroom apartment for persons ready to reintegrate into the community. • Minnesota Housing 4 )Finmice Agency Notification of Local Official 1. Please type this exhibit 2. Provide the name of the local official jurisdiction in which the project shall be located, and include the name and address of the chief executive officer (in most cases Mavor) of the political jurisdiction. Name of Political Jurisdiction: City of Brooklyn Center Name of Chief Executive Officer: Myrna Kragness Title: Mayor Address: City Hall 6301 Shingle Creek Parkway City: Brooklyn Center State / Zip Code: Minnesota 554330 Telephone: (763) 569 -3300 Notification of Housina Proposal City: Brooklyn Center Development Name: Restart, Inc. Girard Site Street Address: 5550 Girard Avenue N Developer: Restart, Inc. Number of Buildings: 1 New Construction Substantial Rehabilitation ❑ ❑ Unit Sizes Proposed Proposed Unit Mix Rents Efficiency / SRO: 4 $950.00 (Subsidized by GRH) tennant contribution — approx. $460.00 including rent food , c 9 utilities, supervision Efficiency /SRO: 1 $0.00 Total: 5 Brief description of proposal: Restart, Inc. Girard Site is a single family home that is being developed as an Adult Foster Care Site for 4 adult individuals with brain injuries. The clients will have incomes below 30% MI. The fifth • unit will be occupied by live -in staff with an income below 60% MI. Minnesota Housing Finance Agency 1 of 1 (HTC Form #18)11IR Form 103 Multifamily Housing Resource 2/2003 Housing Tax Credit Program Form 220 ACKNOWLEDGEMENT OF RECEPTIVITY TO AN LCA FUNDING AWARD As a participant in the Livable Communities Local Housing Incentives Account Program, (name of city or township) supports the affordable and life -cycle objectives of the Livable Communities Act (LCA). Accordingly, it will accept and make available in a timely manner to Request for Proposal (RFP) applicant - • any LCA award to the city /township to assist the housing program or activity proposed in this application if such an award is made. By (city or Township Manager or Administrator) • Minnesota Housing Finance Agency 1 of 1 I MHR Form 220 Multifamily Housing Rcsonnx 212003 City Council Agenda Item No. 9g i ® 470 Pillsbury Center 200 South Sixth Street Minneapolis MN 55402 Graven (612) 337 -9300 telephone (612) 337 -9310 fax CT A R T E R E D http: / /www.kennedy- graven.com CHARLES L. LEFEVERE Attorney at Law Direct Dial (612) 337 -9215 email: clefevere @kennedy- graven.com January 21, 2003 Mr, Michael McCauley City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 -2199 RE: Brooklyn Center v. Xcel Energy, et al. Dear Michael: • Attached are the Notice of Filing Award and Stipulation of Settlement and Award in the condemnation for France Avenue of the 5001 Investments (Woodhouse) property. The settlement provides for a total compensation of $550,000 for the property. The original appraised value was $356,000. However, Evergreen Land Services advised that $550,000 is a reasonable and supportable settlement and the City's appraiser agreed, although he felt that $550,000 was on the high side. The owner's appraisal set the value of the land plus severance damages at approximately $915,000. The settlement is contingent on approval b the City Council. The cost of right-of-way g Pp Y Y g Y acquisition will be paid by MnDOT. I would recommend that the settlement be submitted to the City Council for its approval. Very truly yours, Charles L. LeFevere CLL:lh Enclosures • CLL- 226447v 1 BR291 -219 Case Type: Condemnation • STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT City of Brooklyn Center, a Minnesota municipal Court File No. CD -2663 corporation, Petitioner, NOTICE OF FILING AWARD OF COMMISSIONERS vs. AS TO PARCEL 4 Xcel Energy, et al., Respondents. TO: ALL INTERESTED PARTIES AND THEIR ATTORNEYS LISTED IN THE ATTACHED SERVICE LIST NOTICE IS HEREBY GIVEN of the filing of the Award of Commissioners with respect • to the following parcel in the above - captioned matter: PARCEL AMOUNT OF AWARD 4 I $550,000.00 Said Award of Commissioners as to Parce14 was filed in the office of the District Court Administrator for Hennepin County on January 6, 2003. A true and correct copy of said award is attached hereto and incorporated herein. Any party wishing to appeal the Award of Commissioners as to Parcel 4 must file a notice of appeal within 40 days from the date the award was filed, and serve that notice of appeal upon all parties and counsel named in the attached Service List with respect to Parcel 4. Dated: January 6, 2003. KENNEDY & GRAVEN, CHARTERED B y : • Paula A. Callies ( #201 3) 470 Pillsbury Center, 200 South Sixth Street Minneapolis, MN 55402 (612) 337 -9213 ATTORNEYS FOR PETITIONER PAC- 225674v1 RR�gI_ -110 We further report that each of the undersigned commissioners viewed the real estate; that • a hearing was held on January 6, 2003 after due notice, at which an opportunity was provided for all interested parties to present evidence; and that all of the undersigned participated in the ascertaining of the above- stated award. The legal description of Parcel 4 is attached hereto as Exhibit A. Date: January tc: , 2003 Maril Michales, Commission Chair 1 Merman Malkerson, Commissioner • Phillip Smith, Commissioner • PAC- 225602v1 BR291 -219 EXHIBIT A • Parcel 4 (P.I.D. No. 10-118-21-24-0002) (Abstract Property) Property Address: 5001 France Avenue North, Brooklyn Center, MN Legal Description of Property: That part of the North Half of Government Lot 2, Section 10, Township 118 North, Range 21 West, Hennepin County, Minnesota bounded and described as follows: Commencing at the Northeast comer of said Government Lot 2; thence South along the East line of said Government Lot 2 a distance of 668.83 feet to the Southeast comer of said North Half of Government Lot 2 and to the point of beginning of the tract of land to be described; thence North 88 degrees 13 minutes West along the South line of said North Half of Government Lot 2 a distance of 1,007 feet; thence North along a line running parallel with the East line of said Government Lot 2 a distance of 308.15 feet; thence Easterly along a line running parallel with the South line of said North % of Government Lot 2 to a point of intersection with said East line of said Govemment Lot 2, which point is distant 308.15 feet North of said point of beginning as measured along said East line; thence South along the East line of said Government Lot 2 to the point of beginning. EXCEPT therefrom the East 2 rods thereof, as measured at right angles to the East line of said Government Lot 2; for the purposes of this description, the East line of Government Lot 2 is assumed to run in a due North and South direction, according to the United States • Government Survey thereof and situate in Hennepin County, Minnesota. Description of Taking: I . A perpetual easement for street and utility purposes over, under, across and through that part of the above - described Property which lies within a 66.00 foot wide strip of land being 33.00 feet wide on each side of the following described center line: Commencing at the southeast corner of said Government Lot 2, Section 10. Township 1 18 North, Range 21 West, Hennepin County, Minnesota; thence North 88 degrees 45 minutes 17 seconds West, assumed bearing, along the south line of said Government Lot 2 and also being the south line of the plat of JOSLYN ADDITION, according to the recorded plat thereof, a distance of 1 ] 76.66 feet to a point of intersection with a line being 9.00 feet easterly of, as measured at right angles to and parallel with the centerline of Azelia Avenue North and the northerly extension thereof, as shown on said plat of JOSLYN ADDITION; thence North 0 degrees 34 minutes 44 seconds West along said parallel line a distance of 260.76 feet to the point of beginning of the center line to be described; thence continuing along said parallel line North 0 degrees 34 minutes 44 West, a distance of 88.73 feet; thence northeasterly 496.88 feet along the arc of a tangential curve concave to the southeast having a central angle of 91 degrees 50 • minutes 07 seconds and a radius of 310.00 feet; thence South 88 degrees 44 CAH- ?2?564vI A ?- A -1 minutes 37 seconds East, a distance of 785.55 feet to a point hereinafter referred • to as Point A; thence continuing South 88 degrees 44 minutes 37 seconds East, a distance of 71.03 feet to the east line of said Government Lot 2, and said centerline there terminating; thence South 0 degrees 34 minutes 44 seconds East, along said east line, a distance of 669.35 feet to the point of commencement. 2. A perpetual easement for street and utility purposes over, under, across and through that part of the above - described Property which lies northerly of and abutting the above described permanent easement and lying southerly of the following described line: Beginning at the point referred to as Point A, in the above said permanent easement; thence North 1 degree 15 minutes 23 seconds East, (same basis for bearings as above) a distance of 33.00 feet; thence northeasterly to a point on the east line of said Government Lot 2, distant 59.27 feet northerly from the point of termination of the center line as described in the above said permanent easement, as measured along said east line of Government Lot 2, and said line there terminating. 3. A perpetual easement for drainage purposes over, under and across that part of the above - described Property which lies within the following described area: The north 80.00 feet of the south 1 13.00 feet of the east 435.00 feet of the west 874.00 feet of the North Half of Government Lot 2 which lies westerly of the east 33.00 feet • thereof, Section 10, Township 1 l8 North, Range 21 West, Hennepin County, Minnesota. 4. A temporary easement for construction purposes over, under, across and through that part of the above - described Property which lies within the following described area: The south 1 13.00 feet, and the east 50.00 feet lying northerly of the south 1 13.00 feet, of said North Half of Government Lot 2 which lies westerly of the east 33.00 feet thereof, Section 10, Township 118 North, Range 21 West, Hennepin County, Minnesota, Except the north 80.00 feet of the south 113.00 feet of the east 435.00 feet of the west 874.00 feet of said North Half of Government Lot 2 which lies westerly of the east 33.00 feet thereof. Said temporary easement expires on December 31, 2003. Subject to existing easements in favor of the City of Brooklyn Center, City of Crystal and Northern States Power Company. Subject to reservation of minerals and mineral rights by Tri-State Land Company. • CAH- 222564v I B 8270499 A -2 Names and Description of Interests to be Acquired P 9 Name Nature of Interest I I American National Bank and Trust Company, I Fee Owner now known as U.S. Bank National Association 5001 Investments Limited Partnership, a I Contract for Deed Vendee Minnesota limited partnership I Viking Office Products, Inc., a California Tenant corporation l Star Exhibits & Environments, Inc., a Minnesota I Tenant corporation, dba Star Exhibits I Alliance Container Corporation, a Minnesota I Tenant corporation Thompson Oak Furniture Co., a Minnesota Tenant corporation I l U.S. Bank National Association, fka Firstar Bank I Mortgagee of Minnesota, National Association I City of Brooklyn Center Special assessments County of Hennepin Real estate taxes • All other parties unknown, together with Any right, title or interest in the Subject Property I unknown heirs or devisees and spouses, if any f Notwithstanding the foregoing attempt to identify all interests held by a party named herein, it is Petitioner's intention herein to encumber all interests owned by the named respondents in the above - described real estate. • CAH•222564v 1 BR270499 A -3 4 Thompson Oak Furniture Co., a • Minnesota corporation c/o James Thompson, CEO 4070 Lakeland Avenue North Robbinsdale, MN 55422 4 U.S. Bank National Association, fka Firstar Bank of Minnesota, National Association 425 Walnut Street Cincinnati, OH 45202 • HADLEL- 225691vl BR291 -219 • AFFIDAVIT OF SERVICE BY U.S. MAIL Our File No. BR291 -219 Court File No. CD -2663 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Lucille Hadler after being first duly swom, deposes and says that on the 6th day of January, 2003, she served Notice of Filing Award of Commissioners as to Parcel 4 in the above matter upon: All Interested Parties and Their Attorneys, If Any, Listed on the Attached Service List as to Parcel 4 by placing copies of each in an envelope, addressed to the above addresses, and depositing them in the United States Mail at Minneapolis, Minnesota. Lucille Hadler SUBSCRIBED AND SWORN to before me this 6th day of January, 2003. ANJONETTE M. KNOWLEN Notary Public-Minnesota Notary Oublic ' M y Co 'W -bn fin. J= 31.2W PAC- 225703v 1 BR291 -219 • Case Type: Condemnation STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH NDICIAL DISTRICT City of Brooklyn Center, a Minnesota municipal Court File No. CD -2663 corporation, Petitioner, STIPULATION OF SETTLEMENT vs. AND AWARD Xcel Energy, et al., Respondents. THIS AGREEMENT is made this 3 rd day of January, 2003, by the Petitioner City of • Brooklyn Center ( "City ") and by respondent 5001 Investments Limited Partnership ("5001"), through their respective counsel. Recitals WHEREAS, the City commenced eminent domain proceedings by filing a Petition of Condemnation on February 2, 2002, to acquire certain property necessary for roadway and utility improvements to construct the France Avenue connection with Highway 100 (hereinafter referred to as the "France Avenue Project "); and WHEREAS, 5001 is the contract for deed vendee of the real estate located at 5001 France Avenue North, which real estate is identified as Parcel 4 in the Petition filed herein; and WHEREAS, the City desires to acquire perpetual and temporary easements on Parcel 4 as described on the attached Exhibit A; and • PAC- 215716v4 B8291 -219 5. If any of the other parties with an interest in Parcel 4 should appeal from the Award of Commissioners (the "Award "), or if the City Council does not approve this Stipulation, the Stipulation shall be null and void and either party may appeal the Award . 6. The City agrees to pay the remainder of the Settlement Amount due to 5001 ($194,000) within 10 business days after expiration of the appeal period from the Award of Commissioners. ROSE KENNEDY & GRAVEN, CHARTERED B: 7,, B Y Y : � Daniel N. Rosen (4250909) Corrine H Thomson X43) Attorney at Law Paula A. Callies ( #201443) 150 South Fifth Street, Suite 3250 470 Pillsbury Center Minneapolis, MN 55402 200 South Sixth Street • (612) 692 -2777 Minneapolis, MN 55402 (612) 337 -9300 ATTORNEYS FOR RESPONDENT, 5001 Investments Limited Partnership ATTORNEYS FOR PETITIONER • PAC- 215716v4 BR291 -219 EXHIBIT A • Parcel 4 (P.I.D. No. 10- 118 -21 -24 -0002) (Abstract Property) Property Address: 5001 France Avenue North, Brooklyn Center, MN Leeal Description of Property: That pan of the North Half of Government Lot 2, Section 10, Township 1 18 North, Range 21 West. Hennepin County, Minnesota bounded and described as follows: Commencing at the Northeast comer of said Government Lot 2; thence South along the East line of said Government Lot 2 a distance of 668.83 feet to the Southeast corner of said North Half of Government Lot 2 and to the point of beginning of the tract of land to be described; thence North 88 degrees 13 minutes West along the South line of said North Half of Government Lot 2 a distance of 1,007 feet; thence North along a line running parallel with the East line of said Government Lot 2 a distance of 308.15 feet: thence Easterly along a line running parallel with the South line of said North 1 / of Government Lot 2 to a point of intersection with said East line of said Government Lot 2, which point is distant 308.15 feet North of said point of beginning as measured along said East line; thence South along; the East line of said Government Lot 2 to the point of beginning. EXCEPT therefrom the East 2 rods thereof, as measured at right angles to the East line of said Government Lot 2; for the purposes of this description, the East line of Government Lot 2 is assumed to run in a due North and South direction, according to the United States Government Survey thereof and situate in Hennepin County, Minnesota. • Description of Takinp,: 1. A perpetual easement for street and utility purposes over, under, across and through that part of the above - described Property which lies within a 66.00 foot wide strip of land being 33.00 feet wide on each side of the following described center line: Commencing at the southeast corner of said Government Lot 2, Section 10. Township 1 18 North, Range 21 West, Hennepin County, Minnesota; thence North 88 degrees 45 minutes 17 seconds West, assumed bearing, along the south line of said Government Lot 2 and also being the south line of the plat of JOSLYN ADDITION, according to the recorded plat thereof, a distance of 1 ] 76.66 feet to a point of intersection with a line being 9.00 feet easterly of, as measured at right angles to and parallel with the centerline of Azelia Avenue North and the northerly extension thereof, as shown on said plat of JOSLYN ADDITION, thence North 0 degrees 34 minutes 44 seconds West along said parallel line a distance of 260.76 feet to the point of beginning of the center line to be described; thence continuing along said parallel line North 0 degrees 34 minutes 44 West, a distance of 88.73 feet; thence northeasterly 496.88 feet along the arc of a tangential curve concave to the southeast having a central angle of 91 degrees 50 minutes 07 seconds and a radius of 310.00 feet; thence South 88 degrees 44 minutes 37 seconds East, a distance of 785.55 feet to a point hereinafter referred to as Point A; thence continuing South 88 degrees 44 minutes 37 seconds East, a PAC - 215716 BR291 -219 A -1 distance of 71.03 feet to the east line of said Government Lot 2, and said • centerline there terminating; thence South 0 degrees 34 minutes 44 seconds East, along said east line, a distance of 669.35 feet to the point of commencement. 2. A perpetual easement for street and utility purposes over, under, across and through that part of the above - described Property which lies northerly of and abutting the above described permanent easement and lying southerly of the following described line: Beginning at the point referred to as Point A, in the above said permanent easement; thence North 1 degree 15 minutes 23 seconds East, (same basis for bearings as above) a distance of 33.00 feet; thence northeasterly to a point on the east line of said Government Lot 2, distant 59.27 feet northerly from the point of termination of the center line as described in the above said permanent easement, as measured along said east line of Government Lot 2, and said line there terminating. 3. A perpetual easement for drainage purposes over, under and across that part of the above - described Property which lies within the following described area: The north 80.00 feet of the south 113.00 feet of the east 435.00 feet of the west 874.00 feet of the North Half of Government Lot 2 which lies westerly of the east 33.00 feet thereof, Section 10, Township 118 North, Range 21 West, Hennepin County, Minnesota. • 4. A temporary easement for construction purposes over, under, across and through that part of the above - described Property which lies within the following described area: The south 1 13.00 feet, and the east 50.00 feet lying northerly of the south 1 13.00 feet, of said North Half of Government Lot 2 which lies westerly of the east 33.00 feet thereof, Section 10, Township 118 North, Range 21 West, Hennepin County, Minnesota, Except the north 80.00 feet of the south 113.00 feet of the east 435.00 feet of the west 874.00 feet of said North Half of Government Lot 2 which lies westerly of the east 33.00 feet thereof. Said temporary easement expires on December 31, 2003. Subject to existing easements in favor of the City of Brooklyn Center, City of Crystal and Northern States Power Company. Subject to reservation of minerals and mineral rights by Tri -State Land Company. • PAC- 2157160 f3 R291 -219 A -2 • Names and Description of Interests to be Acquired Name I Nature of Interest I American National Bank and Trust Company, Fee Owner now known as U.S. Bank National Association 5001 Investments Limited Partnership, a I Contract for Deed Vendee Minnesota limited partnership Viking Office Products, Inc., a California I Tenant corporation Star Exhibits & Environments, Inc., a Minnesota Tenant corporation, dba Star Exhibits Alliance Container Corporation, a Minnesota Tenant corporation Thompson Oak Furniture Co., a Minnesota Tenant corporation U.S. Bank National Association, fka Firstar Bank Mortgagee of Minnesota, National Association City of Brooklyn Center Special assessments County of Hennepin Real estate taxes All other parties unknown, together with Any right, title or interest in the Subject Property unknown heirs or devisees and spouses, if any • Notwithstanding the foregoing attempt to identify all interests held by a party named herein, it is Petitioner's intention herein to encumber all interests owned by the named respondents in the above - described real estate. • PAC- 215716Y I BR291 -219 A -3 • City Council Agenda Item No. 9h City of Brooklyn Center A Millennium Community • MEMORANDUM TO: Mayor Kragness, Coun ilm mbers Carmody, Lasman, Niesen, and Peppe FROM: Michael J. McCauley DATE: February 6, 2003 SUBJECT: Replacement of Police Software Attached is a memorandum from Patty Hartwig, Information Technology Coordinator, and a copy of the resolution being proposed for adoption by LOGIS to acquire public safety software. One clarification to Ms. Hartwig's memorandum would be that LOGIS' current provider, the City of West Covina, California is creating a new product but it was deemed not to be appropriate by LOGIS in review. So it is technically correct that the current version that we are using is not being supported, but that reflected a conscious decision by LOGIS. • In looking at the rather substantial cost to the City of participating in this project, there did not appear to be any viable option and in fact options would appear to be potentially more expensive. An advantage to the LOGIS process is the support staff and coordination provided by LOGIS. If we were to go on our own, we would need additional staff. The City budgeted beginning in 2002 for this conversion with LOGIS. This matter is on the City Council agenda for a motion to approve going forward with the budgeted plan to participate in the Police Software conversion through LOGIS. 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 MEMO To: Michael McCauley, City Manager From: Patty Hartwig, Information Technology Coordinator T?� Subject: Replacement of Police Software Computer Aided Dispatch (CAD), Records Management System (RMS), Mobile Computing Devices (MCD's) Date: February 5, 2003 Since 1990 the City of Brooklyn Center has utilized the current LOGIS Police software, which consists of the modules Computer Aided Dispatch (CAD), Records Management System (RMS), and Mobile Computing Devices (MCD's). The primary reasons for considering new Police CAD, RMS, and Mobile Systems include: 1) The current system hardware platform support will end in 2005; 2) The current software is over 12 years old and support is unavailable from the vendor; and 3) The current system does not have the functionality that is being demanded — for example integration with other systems - photo imaging, fingerprinting, property, GIS, and State • of MN CrimNet. LOGIS began a software replacement selection process in August 2000 with the formation of the LOGIS Police Software Selection Task Force and writing of an extensive Request for Proposal (RFP). The request was sent to over thirty vendors and LOGIS received six responses. Three vendors were selected for extensive review and analysis, which Brooklyn Center staff participated in. In February 2002 Printrak, A Motorola Company, was selected as the "leading" vendor. Since February 2002 more extensive review of the Printrak product has been conducted and negotiations for purchase were started. At the February 13, 2003 LOGIS Board of Directors meeting a vote will take place on the "Resolution Relating to the Proposed Purchase and Financing of Public Safety System Hardware and Software" (attached). The passing of this resolution will allow LOGIS to enter into a contract with Printrak. Acquisition and implementation costs for Brooklyn Center will total $253,938. In research conducted, these costs are well below what it would cost for the City of Brooklyn Center to purchase and maintain a comparable Police System without LOGIS. LOGIS anticipates having eighteen agencies committed to the new Police System. Being a part of the consortium allows the City to have an integrated system with seventeen other agencies — a huge • benefit in assisting in the City's crime fighting efforts. I recommend that the City acquire the new Police System Printrak through LOGIS. Attachment RESOLUTION NO. DJK Draft: 1/29/2003 • RESOLUTION RELATING TO THE PROPOSED PURCHASE AND FINANCING OF PUBLIC SAFETY SYSTEM HARDWARE AND SOFTWARE Resolved by the Board of Directors (Board) of Local Government Information Systems Association ( LOGIS) as follows: Section 1. Backv-round fmdines. 1.01. LOGIS currently and for several years has supplied public safety data processing and information system assistance (Public Safety System) to a substantial number of its members. 1.02. The hardware and software components necessary to support the Public Safety System has been determined by LOGIS staff and users to have outlived its useful life and to be • obsolete, and that it must be replaced to enable LOGIS to supply public safety services to its members and others. 1.03. This Board has investigated the facts and finds and declares that it is in the best financial interests of LOGIS and its members that the hardware and software (collectively, Equipment) essential to the operation of the Public Safety System be replaced with new Equipment. 1.04. The Executive Director has entered into primary negotiation with PrintTrak, Inc., a division of the Motorola Company for the purchase of the Equipment. It is found and determined that Print Trak is the sole supplier of the Equipment and that competitive bidding for the Equipment is not required. The Executive Director and staff of LOGIS have determined that the estimated cost of acquiring and installing the Equipment is an amount not exceeding $5 million (Equipment Cost). LOGIS has available approximately $400,000 for application to the Equipment Cost and intends to • finance the balance of the Equipment Cost by appropriate methods available to LOGIS. DJK- 226769v1 LG100 -17 1 1.05. The 2003 Adopted Budget of LOGIS (as well as the 2002 Adopted Budget) have • contained detailed estimates of the Equipment Cost and an allocation of that t Cost to LOGIS members using the Public Safety System. The 2002 and 2003 Adopted Budgets and the estimated allocation of the Cost of the Equipment have been duly reviewed and approved by users and newly- joining members of the Public Safety System, and LOGIS staff and the Board have conducted extensive discussions with and distributed relevant materials to members about the need to re -equip the Public Safety System. The users and potential users of the Public Safety System have indicated informally and by adoption of the 2002 and 2003 Budgets that they support the purchase of the Equipment and are committed to pay their proportionate share of the Equipment Cost by appropriate service charges. 1.06. In order for the Executive Director and staff to proceed with the purchase and installation of the Equipment, this Board finds and determines that it is essential that LOGIS and its members, acting through the Board, declare their firm intent to roceed with the purchase of the p p Equipment to upgrade the Public Safety System and to authorize the Executive Director to take all necessary action to accomplish that goal. Sec. 2. Aivrovals: authorization. 2.01. The action of LOGIS' Executive Committee, the Executive Director, consultants and staff in planning for and exploring the practical and financial aspects of the Purchase of the Equipment are approved, ratified and confirmed in all respects. 2.02. The Executive Director is authorized and directed to negotiate the terms of a contract for the purchase of the Equipment with PrintTrak, Inc. and to present a form of that contract to the Executive Committee for its approval. 2.03. The Executive Director is further authorized and directed to investigate, in • connection with LOGIS counsel, an and all methods of financing the purchase of the Equipment Y g p DJK- 226769v1 LG100 -17 2 and to make a recommendation on that matter to the Executive Committee at the earliest possible i date. 2.04. The Executive Director is further authorized and directed to transmit a certified copy of this resolution to present and potential LOGIS users of the Public Safety System together with whatever explanatory material the Executive Director deems advisable. Sec. 3. Tax- Exemt)t Financine. The Board declares its present interest to finance all or a portion of the Equipment Cost from the proceeds of tax- exempt bonds in a maximum amount of $5 million. Chair ATTEST: • Executive Director • DJK- 226769v1 LG100 -17 3 ��pOKLYN CEkT BROOKLYN CENTER POLICE DEPARTMENT POLICE MEMORANDUM TO: Michael McCauley, City Manager FROM: Scott Bechthold, Chief of Police DATE: February 6, 2003 SUBJECT: Proposed Acquisition of the Printrak Public Safety System This memorandum will serve notice of my support for the City to acquire the Printrack Public Safety System through LOGIS. The current system is over 12 years old and lacks the functionality demanded of a viable modern day public safety system. Furthermore, the current system is not able to interface with the other local and regional systems that are being integrated • as part of the State CrimNet project. This is the second acquisition of public safety software that I have been involved in. I have been impressed with the LOGIS staff that has extensively researched all the submitted proposals . before deciding on this vendor's product. Likewise, I and other staff have attended numerous meetings and demonstrations, and we are quite impressed with this system. It is with this in mind, that I recommend the City move forward with the acquisition of this system. • I City Council Agenda Item No. 9i City of Brooklyn Center A Millennium Community • To: Mayor Kragness and Council Members Carmody, Lasman, Niesen, and Peppe From: Michael J. McCaule City Manager Date: February 6, 2003 Re: Happy Hollow Assessments Contemporaneous with Project Adoption Engineering staff is recommending that the special assessments for this year's neighborhood street reconstruction project be adopted at the same time that the project is ordered. The council materials would set the date of hearing on the assessments at the same time as the hearing on the project itself. Many cities adopt the assessment roll at the same time that the project is ordered both for efficiency and for the ability to know whether there would be objections to the assessments prior to incurring the cost of a project. When assessments are adopted after the project is let, there is greater uncertainty as to the security of the assessments that are necessary to fund the project because an objection to the proposed assessment is made after the project is essentially done. • Mr. LeFevere has indicated that the Council could effectively adopt the assessment roll in such a fashion that no interest would accrue on the assessments until the same window of payment as previously occurred in the fall of the year. We would recommend that we conduct one hearing rather that one in the spring and one in the fall. This will be more efficient and will have not change on the substantive results. 0 6301 Shingle Creek Parkway Recreation c eataon 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 MEMORANDUM • DATE: February 5, 2003 TO: Michael McCauley, City Manager FROM: Scott Brink, Acting City Engineeroo SUBJECT: Resolution Accepting Engineer's Feasibility Report and Calling for a Public Hearing, Improvement Project Nos. 2003 -1, 02, and 03, Happy Hollow Area Neighborhood Street, Storm Drainage, and Utility Improvements This report summarizes findings of the Engineer's Feasibility Report for Happy Hollow. A resolution has been prepared for Council's consideration that accepts the Engineer's Feasibility Report and calls for a public hearing on March 10, 2003 to consider approval of Improvement Project Nos. 2003 -01, 02 and 03, Happy Hollow Area Neighborhood Street, Storm Drainage and Utility Improvements. The project was previously established by the City Council on July 8, 2002 by Resolution 2002- 95. This action was taken in accordance with the 5 -year Capital Improvements Program (CIP), where street and utility improvements are programmed for each year. An area referred to as the Happy Hollow Area Neighborhood was programmed for improvements in 2003. • A feasibility report and preliminary design have been completed for the above, referenced project. The attached feasibility report provides a detailed breakdown of specific proposed project work items and costs. The total project cost at this time is estimated to be $2,204,646.50. The preliminary estimate includes a 10% contingency. Funding sources for the project are proposed from a variety of sources as anticipated in the 2003 budget and CIP, and as described in the feasibility report. Special assessments total $399,980 and provide 18% of the project funding. Utility funds total $987,742 or 45% of total project costs, while City capital funds supply $816,924 or 37% of the total project cost. The City's share of street and storm drainage improvements, which totals $25,975.04, will be paid for through the Capital Projects Fund. We believe the budgeted funds will be adequate to cover the costs of the project. Staff have conducted an informational meeting, and have sent mailings to all property owners in g g p P Y the area with surveys requesting input from residents on the project and various issues. A summary of the survey responses is attached. The informational meeting conducted January 16, 2003 was generally positive in nature with the majority of questions and concerns relating to specific construction related issues. It is recommended that the City Council approve the attached resolution to receive the Engineer's • Feasibility Report, and to call for a public hearing for March 10, 2003 to consider approval of the project. Legal notice would then be published, and all property owners who could potentially be assessed for improvements would receive a Notice of Public Hearing via certified mail. • adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION ACCEPTING ENGINEER'S FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NOS. 2003 -01, 02 AND 03, HAPPY HOLLOW NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS WHEREAS, the Brooklyn Center City Council, by Resolution No. 2002 -95 directed the preparation of an engineer's feasibility report regarding proposed improvements to the streets, storm drainage system and public utilities in the Happy Hollow Neighborhood as described in said report; and WHEREAS, the Acting City Engineer has prepared said report, and recommends that the proposed improvements be considered; and WHEREAS, the costs have been estimated for these proposed street, utility and storm sewer improvements; and WHEREAS, it is proposed to assess a portion of the cost of the street and storm • drainage improvements against all properties within the project area; and WHEREAS, the cost to be assessed to the properties is estimated to be: STREET IMPROVEMENT STORM DRAINAGE IMPROVEMENT 2003 -01 2003 -02 $ 288,746.50 $ 111,233.52 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. A hearing shall be held on the 10"' day of March, 2003, in the City Hall Council Chambers at 7:00 p.m. or as soon thereafter as the matter may be heard to pass upon said improvement project and at such time and place all persons owning property affected by said improvements will be given an opportunity to be heard with reference to said improvements. 2. The City Clerk is directed to cause a notice of both hearings to be published in the official newspaper at least two weeks prior to the hearings, and shall state in the notice the total cost of the improvement. • • 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 of Brooklyn Center A great place to start. A great place to stay. • 6301 SHINGLE CREEK PKWY BROOKLYN CENTER, MINNESOTA 55430 ENGINEERING: 763 -569 -3340 FAX. 763 -569 -3494 ENGINEER'S FEASIBILITY REPORT FOR HAPPY HOLLOW NEIGHBORHOOD IMPROVEMENT PROJECT NOS. 2003 -01, 02 &03 FEBRUARY, 2003 I hereby certify that this feasibility report was prepared by me or under nay direct supervision, and that I am a duly Registered Professional Engineer under the laws of the State of Minnesot 1 l Reg. No 1765 r Scott A. Brink, P. E. February 5, 2003 Feasibility Report Happy Hollow Neighborhood Page I OVERVIEW (see Figure 1) • The proposed projects include roadway and utility improvements for the Happy Hollow Neighborhood, more specifically all public streets as shown in Figure 1. The general improvement area consists of the following streets: All streets within the area bounded by Brooklyn Boulevard on the north and east, T.H. 100 on the north and west, and 49th Avenue on the south, with the following exception: Those streets located immediately adjacent to Brookdale Covenant Church and Malmborg Nursery which have been deleted from the project as a result of on -going traffic study considerations with Hennepin County regarding Brooklyn Boulevard (described further in this report). All streets within the proposed project area are local City streets. The project does include some utility work within the right of way of Brooklyn Boulevard, which is a County Roadway. Estimated costs for the new street improvements are included in a Cost and Funding Chart on the attached Figure 5. This report was prepared in accordance with previous direction of the City Council. On January 16, 2003, a public information meeting was conducted. PROPOSED IMPROVEMENTS STREETS Improvement Project 2003 -01 (see Figure 1) • The streets in the proposed project area are classified as local residential streets, originally constructed in conjunction with utility installations in the 1950's. All of the existing streets are very flat and do not have concrete curb and gutter. On average, the streets are 30 feet wide, with a pavement thickness of about 2.0 inches. These streets are aging and showing fatigue and distress, particularly along their unprotected edges. The City's Pavement Management Program indicates that it is no longer cost - effective to routinely maintain these streets (i.e., patch and sealcoat). Complete reconstruction is considered warranted. It is proposed to reconstruct these streets as two lane roadways measuring 30 feet in width with a structural capacity for the current volume and vehicle distribution. On- street parking on both sides would continue to be allowed on all streets as existing and in accordance with the City's parking ordinances. Concrete curbs and gutters and driveway aprons would be installed as part of the improvement. In addition, the existing flat street grades would be redesigned to provide for enhanced drainage. Traffic volumes on these streets are typical of local residential streets. Traffic counts on 50`' Avenue North have dropped significantly since access to and from T.H. 100 was recently disconnected by MnDot. As a result, traffic volumes in the neighborhood itself are relatively light. The ability to access to and from Brooklyn Boulevard at certain times of the day has been a continuing issue in this area, and several discussions with Hennepin County and MnDot have occurred over the years to attempt to address this problem. City staff are currently working with County officials to conduct further traffic studies to better ascertain and address specific access, safety, and mobility issues. • More specifically, the intersections of 51" Avenue North with Brooklyn Boulevard, and Brooklyn Boulevard with the northbound T.H. 100 off -ramp have been identified as intersections that warrant Feasibility Report Happy Hollow Neighborhood Page 2 further study and possible future improvements. As a result, the future of those intersections is not entirely known, and portions of Lilac Drive and the frontage road around the Brookdale Covenant Church and Malmborg Nursery have not been included within the scope of the proposed improvements. • There are no new sidewalks proposed as part of the project. Portions of the existing sidewalk on Brooklyn Boulevard may be removed and replaced as necessary for utility repairs. The estimated cost for street improvements is $1,155,670 and includes a lump sum allocation ($20,000) for planting boulevard trees to replace those removed. An amount of $50,000 has also been allocated for replacement of street lights. STORM DRAINAGE Improvement Project 2003 -02 (see Figure 2 for proposed storm sewer system) The existing storm sewer system in the project area was installed on a per development basis and is undersized throughout the proposed project area. The flat topography of the project area also compounds drainage deficiencies. Generally, it is proposed to replace the existing pipes and install additional pipes to reach additional areas and alleviate localized drainage problems. The majority of surface water runoff from the site generally outlets the neighborhood through a 24 -inch diameter concrete pipe that flows south from the intersection of Abbott and 49th to the CP Rail tracks, crosses beneath the tracks, turns east, and empties into Ryan Lake. The outlet pipe is generally in good condition. However, it is proposed to replace the last segment of existing outlet pipe at Ryan Lake with a larger sized pipe to better accommodate the upstream flows. The remaining existing storm drain pipes • are either undersized or in poor condition, and will be replaced. Additional lengths of new pipe will be installed as well. Figure 2 shows a preliminary concept for storm drainage improvements to serve the project area. The project design essentially provides for installation of additional storm sewers and catch basins to provide additional pick -up points throughout the neighborhood, thereby allowing streets to be regraded to provide more positive drainage, and to minimize localized flooding. The estimated cost for storm sewer improvements is $252,622. SANITARY SEWERS Improvement Project 2003 -03 (see Figure 3) All sanitary sewers in the project area are 8 -inch diameter clay pipes, installed in the 1950's. An exception is the MCES interceptor pipe (33 -inch diameter) located underneath 50" Avenue North, which is not included within the proposed improvements. Because these sewers were constructed without gaskets in the joints, they are subject to a modest level of ground water and root infiltration. Often, it would not be cost - effective to eliminate this infiltration if the pipe itself were in good condition. City maintenance records along with a televised inspection of all sewers in this area document a significant tree root infiltration problem and some structural defects in the sewer mains. Surveys received from residents also indicate some experiences with plugging of service lines that can often be attributed to root penetration of the pipe joints. City maintenance staff are • required to routinely perform root sawing and removals on the sanitary mains in the project area to prevent back -ups. I Feasibility Report Happy Hollow Neighborhood Page 3 The televised inspections have indicated that root infiltration is significant throughout the majority of the sanitary sewer system in Happy Hollow (Figure 3). In particular, root infiltration and blockages are seen at the connection points between private service lines and the mains. Therefore, the majority of all • sewer mains in the project area are proposed to be replaced. Staff has compared costs of complete replacements vs. repair and replacement of specific problem areas only. Because of construction methods, mobilization costs, and in consideration of the final product and long term performance, it has been determined that in the long -term perspective, complete replacement is recommended. In addition, many of the existing mains requiring replacement are located outside of the roadway itself and in very close proximity to private property and large mature trees. In these circumstances to avoid intrusion into p rivate property g and losing mature trees, it is proposed to abandon the existing pipe in place and install new sanitary sewer within the center of the roadway, consistent with City standards. In accordance with City policy and past construction practice, individual service lines between the sewer main and the property line would be replaced. The sewer main located within the right of way of Brooklyn Boulevard (north of 50th Avenue North) is generally in better condition than the other mains in Happy Hollow. Because of the sewer condition, and location in relation to Brooklyn Boulevard, it is proposed to re -line this portion of sanitary sewer. This will avoid significant costs and disruptions that would result from excavating within Brooklyn Boulevard, which is a Hennepin County roadway, and is not scheduled for improvements at this time. An MCES (Metropolitan Council Environmental Services) interceptor pipe (33 -inch) also traverses through the project area on 50th Avenue North (T.H. 100 to Brooklyn Boulevard) and south on Brooklyn Boulevard to 49th Avenue North before exiting the City. MCES interceptor pipes generally serve as collectors for the smaller City sewer mains. This particular interceptor pipe is not owned or • operated by the City, and was relined 8 years ago by Met Council. However, several individual property services do empty into the interceptor pipe, and it is proposed to replace those individual services (between the main and property line) that may warrant replacement. Additional information regarding sewer problems was received from property owners during the public participation process. Based on that information and additional review of other available information, final recommendations will be made during the final design process and project cost estimates will be revised accordingly. At this time the estimated cost of sanitary sewer work as proposed is $418,682. WATER MAINS Improvement Project 2003 -04 (see Figure 4) The water distribution system in this particular neighborhood was installed in the 1950's with cast iron pipe. The majority of the existing pipe is 6 inches in diameter. Some smaller lengths of 10 -inch diameter and 12 -inch diameter pipes are also found within the project area. Overall, the cast iron pipe is aging and brittle. Also, in areas where deep trenching (for replacing the sanitary sewer) will disturb the soil, the risk of breaking, the mains increases. Therefore, it is proposed to replace all water mains as part of this project, with the exception of mains located in Brooklyn Boulevard. In addition, leaky valves, and aging hydrants would be replaced as part of this work. The cost of this water system work is estimated to be $377,671. • Feasibility Report Happy Hollow Neighborhood Page 4 ESTIMATED COSTS AND FUNDING CONSIDERATIONS (see Figure, 5) The total estimated cost for the ro osed ro project is $ j 2 646. A detailed breakdown of this estimate, p p P 204 , • as well as funding sources is explained as follows in this report and attachment. Costs and Funding for Street Improvements. Proiect No. 2003 -01 The estimated project cost for roadway improvements for all streets in this project area is $1,155,670. These costs include project administration, engineering, street lighting and reforestation. It is proposed to levy special assessments for street improvements in accordance with the 2003 rates adopted by the City Council. The rates adopted by the City Council provide for a standard 2003 residential street assessment rate of $2,500 per residential property. These rates would be assessed to all benefited residential properties as shown in Figure 1. The assessment rate for commercial - industrial properties is established at $0.356 per square foot, which represents 70% of the square foot cost for street improvements. On this basis it is estimated that special assessments totaling $288,746.50 would be levied for street improvements. Costs and Funding for Storm Drainage Svstem Improvements, Proiect No. 2003 -02 The total estimated cost for storm drainage improvements within the Happy Hollow Neighborhood Area is $252,622. This includes the cost of storm sewer construction throughout the project area. It is proposed to levy special assessments for storm drainage improvements in accordance with the 2003 rates adopted by the City Council. Application of this rate to properties benefited by these improvements • will result in estimated special assessments of $820 per single- family residential unit. The assessment rate for commercial- industrial properties is established at $0.08 per square foot, based on 70% of the square foot cost for storm drainage improvements. On this basis it is estimated that special assessments totaling $111,233.52 would be levied for storm drainage improvements. The Storm Drainage Utility Fund would pay for a substantial amount of the remainder of the storm sewer costs. Costs and Funding for Sanitary Sewer and Water Main Improvements. Proiect No. 2003 -03 The estimated cost of sanitary sewer repairs and /or replacements is $418,682 and the estimated costs for water main repair and/or replacements is $377,671. As previously noted, these cost estimates are preliminary at this time. However, all such costs would be funded by their respective utility funds, in accordance with established policy for such improvements. Recommended 2003 Proiect Schedule February 10 City Council receives feasibility report, declares cost to be assessed, and calls for public hearing March 10 Public Hearing, City Council may authorize the project and order preparation of plans and specifications. March 24 Approve plans and specifications, authorize Ad for Bids April 23 Bid opening April 28 City Council awards contract • May 1 Start construction September 15 Construction Substantially Complete ili Report Ha Hollow Neighborhood Pa e 5 Feasibility R p Happy g g • Conclusion The overall condition of the City's infrastructure system (streets, sewers, utilities) is critical to the operation, safety, welfare, and economic health of the entire City. As a result of the infrastructure needs described, and the proposed solutions and estimated costs described in this report, the proposed project is considered to be necessary, cost effective, and feasible. Scott A. Brink, P. E. Reg. No. 17657 • • Feasibility Report Happy Hollow Neighborhood Page 6 • HAPPY HOLLOW RECONSTRUCTION AREA PROJECT AREA NOT TO SCALE FIGURE 1 • HAPPY HOLLOW RECONSTRUCTION AREA PROPOSED STORM SEWER IMPROVEMENTS I a Q G 50TH AVE. . IT I IQ m I Im I� I a w J N 49TH AVE.' NOT TO SCALE STORM SEWER (NEW AND REPLACEMENT) - - - - - - EXISTING STORM SEWER TO STAY IN PLACE FIGURE 2 HAPPY HOLLOW RECONSTRUCTION AREA PROPOSED SANITARY SEWER IMPROVEMENTS I aQ I \ S U C O Q 50TH A7. ! I I Q I !>U O I I Q Q € � W J N �rH a� NOT TO SCALE SANITARY SEWER TO BE REPLACED - - - - - - EXISTING SANITARY TO REMAIN IN PLACE EXISTING SANITARY TO FIGURE 3 • BE RELINED • HAPPY HOLLOW RECONSTRUCTION AREA PROPOSED WATERMAIN IMPROVEMENTS U p O Q - L OF 50TH AVE. Q I I I m I w J a I W N 49 nr AvE NOT TO SCALE WATERMAIN TO BE REPLACED FIGURE 4 COSTS & FUNDING - IMP. PROJECT 2003 -01,02 & 03 i GARDEN CITY NORTH - FEASIBILITY SUMMARY ESTIMATED EXPENDITURE STREET SANITARY WATERMAIN STORM ESTIMATED SEWER SEWER TOTAL ESTIMATED CONSTRUCTION COST $ 905,155.00 $ 350,620.00 $316,065.00 $ 211,475.00 $ 1,783,315.00 CONTINGENCY (10 %) $ 90,515.50 $ 35,062.00 $ 31,606.50 $ 21,147.50 324,800.00 SUBTOTAL CONSTRUCTION COST $ 995,670.50 $ 385,682.00 $ 347,671.50 $ 232,622.50 $ 1,961,646.50 ADMIN, ENG., LEGAL $ 90,000.00 $ 33,000.00 $ 30,000.00 $ 20,000.00 $ 173,000.00 REFORESTATION $ 20,000.00 $ 20,000.00 STREET LIGHTS $ 50,000.00 $ 50,000.00 TOTAL ESTIMATED PROJECT COST (FEASIBILITY) $ 1,155,670.50 $ 418,682.00 $ 377,671.50 $ 252,622.50 $ 2,204,646.50 ESTIMATED REVENUE STREET ASSESS = $2500 /UNIT X 95UNITS $ 237,500.00 $ 237,500.00 CITY OPEN SPACE /PARK (CAPITAL PROJECTS FUND) $ 9,599.04 $ 16,376.00 $ 25,975.04 STORM ASSESS = $820 / UNIT X 95 UNITS $ 77,900.00 $ 77,900.00 COMMERCIAL ASSESSMENT $ 41,647.46 $ 16,957.52 $ 58,604.98 SANITARY SEWER FUND $ 418,682.00 $ 418,682.00 . WATER FUND $ 377,671.50 $ 377,671.50 STORM DRAINAGE UTILITY FUND $ 141,388.98 $ 141,388.98 STREET LIGHT UTILITY $ 50,000.00 $ 50,000.00 INFRASTRUCTURE CONSTRUCTION FUND $ 816,924.00 $ 816,924.00 TOTAL EST. REVENUE (FEASIBILITY) $ 1,155,670.50 $ 418,682.00 $ 377,671.50 $ 252,622.50 $ 2,204,646.50 FIGURE 5 1 • HAPPY HOLLOW SUROY SUMMARY RESULTS • xldres 'E • �' ''ees tu. S'antary. ' � i • Sto . -;� -� • ' :afP pruiklerw� r.'�� "?•" C mment's -� �`�•�''' � t aq; �'�Y:,:,I , 8,: ,Pda",._ .. ::' �S � .',1't .;i'� ..P.. �' .. t. �J' u ..::d,i �fii , , x .> ,.�. _ ,,. :... .E... .. .,r .... � .,...lt. .:.,,..,�< r. .. > ,.. ...<,.,.. ..:?>; .,. ,.- e,s"w�' - '•1t �. �� ..'s „tn,d: .., s"t �'M b., .. TH . �. ,t .. 14 .�. „ -. .. _ . . _ ',.. ... r ..... Y ,. .., , , .. , d ' '•drK"Y -. ' art,'',3�,� .. ... .,,, ,:,..r$.: at .�,�.µ�k1., Y” },. „P _,. ,.5. ...,w J.,.:a...:.,y„..�.l,d _.e ...... _... .. +1. r ..,...... .r. ',.. ,,. au .. .,. sw- _r`A�-rfi. s. .. aes.. - .. ;`•C'.Y, ,.._ :. ,w,.a.�£�id. s,(':u: iw .,c.. ,. .: ,..n,.,a .,.4. ,:. .... r_:. .5n n. F S:S.0 .. -.. �: tom,' { 3129 Tree in front Line cleaned 3 yrs ago. No problems No Cloudy at times in NA Strong concerns about cost and assessments. yard since summer. 3135 + None No No NA No NA 3205 1 near blvd. Once in past 3 yrs. Back up from No flooding Low pressure I No I NA washing machine. - - (probably internal) 1 3217 1 evergreen Line cleaned 2002 No No No NA near service 3328 NA Line cleaned once a year. Street floods with every No Yes, but NA heavy rain. not in operation 3337 Trees near I Line cleaned every two years No I No I No NA service. 3342 Yes No problems No problems No problems. Water No None is great •.. _ S fd '+S 'ry'. .'aws•'od'. r ` d Mt - • r zr.: ti.t '.:'..a. .. ' ,.a,.'. ,. ,. +�y+i ;'vz : 4 '." i ry . ,, ,✓ ,., .,... .a t'.. .,. `�� f.. ' "'•kx P"T fi :- ot:riif,' mot: �u .. .•_.' ), u.J > > -. ,wr ,. 'x. .r, • `,v'y °.. t'¢`+ _ k , ..: �.. "V: p • "It ` - :;J''r �'p: r r , 4� #d . . ... ..: ...:.... .,Ar<. „r =': n ,�.•r >. � S0: �YG,[• e ,q, �.4, .i' Y �y� � . ._. .._ ._:: , ., ' .I ... .,.,♦ . .- - - ...,,. ... Ys X� - ' F ...- ,' iJ . i�i -:1':�' ^ . e�i',N,':' a '.' : �r - � w..'.• r... t '1 ,.r. �-', k i, tl. ;. ,.z.:`d55.'••:':%a. :...:•. " 3408 I No Once in 35 yrs. Water standing on comer of No No None 50` after rain. 1 :Pr: A a:.LxI 1 ., :F'�, .,A'r .., .,: ., -... >`l+a ,.; ��' .. ��.' °nl, _. - 7 d Y�.f Bk Iri,” F.W�S.a.:$. �: .I� 1 3001 No Line cleaned in 2000 a ..-, r 5 ` always flooded during No I No Sidewalk was put in 3 yrs ago. Will it be replaced if rain. Many times 6" deep. J it is disturbed? ',i�' 8✓'i=' ++ a '. t •C'.i + t T of 'iY +i' ? ^ t °f ■■J e P . { .. "� v �A r r ,. � °3 ",u .. , -.v enu . .'�•,;,, ., ., :-'- mac,_ .. .. ,r, t� .. ...:.. ...... -iiR: ..,. ,... ., .. ., ., .k3'��: " #':•nv', I .x,.'t�wG^ "!• f1 � `,r{,1w � y �i:�i''. . n ', , � v �k�°; '�✓#.,' 1:�IC'" , � ,S w:x.m.S": T ,{ ;i: , e ,a n .� :.: tX .. r M1t �� n «"Sir S' 'NP �r tl ..., _ , u� . � ,- •., 'u. .. J.,, d . .�' n p i..:I• � :ry !,:?. .:. '- �, _ , .. a. A��:. uCSI', li J .�i r.. �.m:: :n6 : _.fin �"M _ 5 1 1 1% 4901 No New sewer in 1996 solved previous Some street flooding. During No No Street on Abbott & 49` is deteriorating badly, asphalt problems. heavy rain it floods to yard. I is crumbling. 4917 No Line cleaned every 2 years No No No None 4927 Yes Line cleaned every 2 years. No No No Concerned about cost. 4928 NA Line cleaned once a year until tree None Use filtered water for No was removed. drinking & cooking 4943 2 trees Line cleaned 3 times in 13 yrs. No No No Concerns about cost and potential damage to her sewer line. 1 , "Aw , 8ait: , - T Addr`e's". r I "t 4944 No No No No No Concerns about cost. Plan to sell home this year & express worry about streets being torn up. 5000 No No No No Yes Approves of project hoping changes with new curb & gutter and street grades will alleviate water standing in driveways and intersections after a rain. 'BEA 4913 Trees near Last City maintenance visit left No No No Recently purchased property. Not aware of any service line & basement bathroom covered with issues. street. sewage. 4924 Tree planted Line cleaned every 3 years. No No No No over service )BROM F. V?% t Rr ' VD,'� PI "ON 0 T 5049 5 trees Once, 2 years ago No No No NA between house & street 5053 No Once in 33 years No No No The comer at 51 definitely needs a stoplight. Cars are speeding 50+ mph. Concerned about cost of project. Sore spot is buses stopping on their comer and blocking their driveway. 5100 NA None No No No NA 5139 No No No I No No Brookdale Covenant Church road in relation to the construction work on HWY 100. t Fk A J. t 41 M!p 00 V 5006 1 tree near Line cleaned every two years. No No No Who pays for the other side of the street? service and row of hedge near street. 5012 No Line cleaned every 2 years. No Sometimes tastes No Would like to see stop lights on 51 st & Br. Blvd. funny. Ideally extend Lilac Dr to the Blvd to line up with the ramp from southbound Br. Blvd. to northbound Hwy 100 with traffic lights. U "r lilzi(44.v ;,R _X it i "'!WX Wi��Onw AMM 2 ifei"v fS�J46klei W1 MEW �pp _4 i Q,,"U it apt rees 6 0 VII Y MW 1, li� -W. I A YE 4937 NA Line cleaned every 3-4 years. No No No Concerns about cost and how they will be able to pay for the project. 5001 NA Refer to letter attached to survey No No No NA form. 5012 No No No No No Street seems to be in very good condition. 5018 NA Floor drain backs, up when washing Basement flooding when No No NA machine empties into sink drain. gutters aren't functioning properly. 5025 No No No No No NA NA = No Answer 3 MEMORANDUM • DATE: February 5, 2003 TO: Michael McCauley, City Manager FROM: Scott Brink Acting City Engineer mv SUBJECT: Resolution Declaring Cost to be Assessed and Calling for a Public Hearing on Proposed Special Assessments for Improvement Project Nos. 2003 -01, and 02, Happy Hollow Area Neighborhood Street and Storm Drainage Improvements Assuming the City Council has accepted the Engineer's Feasibility Report for the Happy Hollow neighborhood improvement, it is recommended that the City Council also call for a public hearing to consider the proposed special assessments to be levied in conjunction with this project. A resolution has been prepared that declares the cost to be assessed for the Happy Hollow Project and calls for a public hearing on the proposed special assessments on March 10, 2003 immediately following the improvement hearing. It is the staff's recommendation that the Council consider holding the special assessment hearing immediately following the proj ect hearing. The purpose of holding the special assessment hearing prior to beginning the project is to assure that any objections to or appeals of the assessments are known prior to entering into a construction contract or issuing bonds to finance • the assessed portion of the project. Moreover, an established assessment rate sets a ceiling guaranteeing property owners of the final cost they will pay. Special assessments for this project have been calculated in accordance with the City's assessment policy and the 2003 single - family residential rates of $2,500 for street improvements and $820 for storm drainage improvements. Conducting the hearing becomes a convenience to residents and allows the city to save the cost of sending out one, instead of two, certified letters announcing the public hearing. This year, the savings amount to less than $500 because we are doing only one neighborhood improvement project, and it is relatively small in size. In future years, when the number of affected property owners is greater, savings are likely to exceed $2,000. • • adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION DECLARING COST TO BE ASSESSED, AND CALLING FOR A PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2003 -01 AND 02, CONTRACT 2003 -A, HAPPY HOLLOW NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS WHEREAS, the Brooklyn Center City Council has accepted the Engineer's Feasibility Report for Improvement Project Nos. 2003 -01 and 02, Contract 2003 -A, Happy Hollow Neighborhood Street and Storm Drainage Improvements, has heard and passed said improvement project; and WHEREAS, the total cost of the street and storm drainage improvement is estimated to be $1,408,293; and WHEREAS, the City Clerk has prepared a proposed assessment roll showing the proposed amount to be specifically assessed for such improvement against every assessable lot, piece, or parcel of land within the district affected, without regard to cash valuation, as provided by law. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. That portion of the cost to be assessed against benefited property owners for street improvements is declared to be $288,746.50. That portion of the cost to be assessed against benefited property owners for storm drainage improvements is declared to be $111,233.52. 2. A hearing shall be held on the 10th day of March, 2003, in the City Hall Council Chambers at 7:00 p.m. or as soon thereafter as the matter may be heard to pass upon such assessment and at such time and place all persons owning property affected by such improvements will be given an opportunity to be heard with reference to such assessment. 3. The City Clerk is directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and shall state in the notice the total cost of the improvement. • 4. The City Clerk shall cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. • 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 OF BROOKLYN CENTER PENDING ASSESSMENT ROLL 2/10/2003 HAPPY HOLLOW NEIGHBORHOOD IMPROVEMENT PROJECT 2003-01 & 02 . . .. . ....... ...... ....... ... - ....... :xxx: . . ...... ..... # ...... ..... ...... RE T : *: :: "EVY -OR'M:' .0 .R E, S LEVY T 10-118-21-14-0037 !32 $2,500.00 $820.00 10-118-21-14-0038 14900 ABBOTT AVE N -- $2,500.00 110-118-21-14-0039 14908 ABBOTT AVE N $2,500.00 $820.00 110-118-21-14-0040 14912 ABBOTT AVE N $2,500.00 $820.00 110-118-21-14-0041 i4928 ABBOTT AVE N $2.500.00 $820.00 10-118-21-14-0042 '4936 ABBOTT AVE N $2,500.00 $820.00 10-118-21-14-0043 4944 ABBOTT AVE N $2,500.00 $820.00 10-118-21-14-0044 14950 ABBOTT AVE N $2,500.00,i $820.00 10-118-21-14-0045 14949 ABBOTT AVE N $2,500.00 $820.00 10-118-21-14-0046 :4943 ABBOTT AVE N $820.00 $2,500.00 10-118-21-14-0047 !4935 ABBOTT AVE N $2,500.00 $820.00 10-118-21-14-0048 4927 ABBOTT AVE N $2,500.00 $820.00 10-118-21-14-0049 4917 ABBOTT AVE N $2,500.00 $820.00 10-118-21-14-0050 14901 ABBOTT AVE N $2,500,00 $820.00 110-118-21-14-0051 3312 49TH AVE N $2,500.00 $820.00 110-118-21-14-0052 1 3 3 01 49TH AVE N $2,500.00 I $820.00 10-118-21-14-0053 13307 49TH AVE N $2,500.00 i $820.00_1 10-118-21-14-0054 1 3 313 49TH AVE N $2,500.00 $820.00 10- 118 -21 -14 -0065 5042 LILAC DR N $2500 $820.00 110-118-21-14-0066 1 ,5036 LILAC DR N $2500.00 $820.00 1 10-118-21-14-0071 5001 BROOKLYN BLVD $2,500,00 $820.00 10-118-21-14-0072 5000 ZENITH AVE N $2,500.00 $820.00 • 10-118-21-14-0073 5006 ZENITH AVE N $2,500.00 $820.00 10- 118 -21 -14 -0074 15012 ZENITH AVE N $2,500.00 $820.00 10-118-21-14-0075 5018 ZENITH AVE N $2,500.00 $820.00 10-118-21-14-0076 15024 ZENITH AVE N $2,500.00 $820.00 1 AVE N $2500.00 $820.00 10-118-21-14-0078 15019 ZENITH AVE N $2,500.00 $820.00 10-118-21-14-0079 15013 ZENITH AVE N $2,500.00 110-118-21-14-0080 15007 ZENITH AVE N $2,500.00 $820.00 - 10-118-21-14-0081 T $2,500.00 $820.00 5001 NIT 10-118-21-14-0082 5000 ABBOT AVE N $2,500.00 $820.00 1 ZENITH . H - AVE N 10-118-21-14-0083 5006 ABBOTT AVE N $2,500.00 :i $820.00 10-118-21-14-0084 ABBOTT AVE N 0( 50 7 $2,500.00 _ $820. 10-118-21-14-0085 15018 ABBOTT AVE N $2,500.00 $820.00 10-I ___15024 ABBOTT AVE N $2,500.00 $820.00 i 110-118-21-41-0007 3135 49TH AVE N $2,500.00 ) 4 11 10-118-21-41-0008 3141 49TH AVE N $2,500.00 $820.00 0-118-21-41-0009 3201 49TH AVE N $2,500.00 $820.00 110-118-21-41-0010 13205 49TH AVE N $2,500.00 $820.00 1 10-118-21-41-0011 13211 49TH AVE N $2,500.00 $820.00 10-118-21-41-0012 1 3217 49TH AVE N $2,500.00 $820.00 10-118-21-41-0013 13223 49TH AVE N $2,500.00 $820.00 10-118-21-41-0014 1 13229 49TH AVE N $2,500.00 $820.00 10- 118 -21 -41 -0018 3129 49TH AVE N $2,500.00 $820.00 10-118-21-41-0020 14821 XERXES AVE N i $41,647.46 $16,957.52 TOTAL $288,746.50------ $111,233.52 • Page 2 • CITY OF BROOKLYN CENTER PENDING ASSESSMENT ROLL 2/10/2003 HAPPY HOLLOW NEIGHBORHOOD IMPROVEMENT PROJECT 2003-01 & 02 .................. . .... . .................. . .. ....... . ............ ...... .... ..... . ............ .... P ....... ......... Y * LEVY -. ST-OR-M : : : ' . . . 10-118-21-13-0007 1 3320 49TH AVE N $2,500-00 $820.00 10-118-21-13-0008 !3328 49TH AVE N $2500-00 $820.00 10-118-21-13-0009 � 49TH AVE N $2:5 j $820.00 10-118-21-13-0010 3 342 49TH AVE N $2,500.00 $820.00 10-118-21-13-0011 4924 BEARD AVE N $2,500.00 $820.00 - 10- 118 -21 -13 -0012 4936 BEARD AVE $2,500-00 $820.00 10- 118 -21 -13 -0013 3321 50TH AVE N $2,500.00 $820.00 110-118-21-13-0014 13319 49TH AVE N $2,500.00 $820.00 110-118-21-13-0015 13325 49TH AVE N $2,500.00 $820.00 10-118-21-13-0016 13331 49TH AVE N $2,500.00 $820.00 10-118-21-13-0017 3337 49TH AVE N $2,500.00 --$- 10-118-21-13-0018 3343 49TH AVE N $2,500.00 $820.00 suo. 10-118-21-13-0019 3 349 49TH AVE N $2,500.00 1 0 - 0 - 10-118-21-13-0020 1 3355 49TH AVE N $2,500.00 1 $820.00 10-118-21-13-0021 i 4901 BEARD AVE N $2,500.00 $820.00 10-118-21-13-0022 4907 BEARD AVE N $2,500.00 1 $820.00 10-118-21-13-0023 ,4913 BEARD AVE N $2,500,00 $820.00 10-118-21-13-0024 14919 BEARD AVE N - $820.00 $2,500.00 10-118-21-13-0025 14925 BEARD AVE N $2,500.00 $820.00 10-118-21-13-0026 14931 BEARD AVE N -- $2 - ,500.00 $820.06 11-111-21-13-0027 493 BEARD AVE N $2,500.00 $820.00 • 10-118-21-13-0028 5024 LILAC DR N $2,500.00 $820.00 10-118-21-13-0029 5018 LILAC DR N $2,500.00 $820.00 10-118-21-13-0030 15012 LILAC DR N $2500.00 $820.00 10-118-21-13-0031 15006 LILAC DR N 500.00 $820.00 10-118-21-13-0032 , 3416 50TH AVE 2 i N� 500.00 $820.00 10-118-21-13-0033 13408 50TH AVE N $2,500.00 $820.00 10-118-21-13-0034 13400 50TH AVE N $2,500.00 $820.00 10- 1 18- 21 -13- 0035 5.030 LILAC DR N $2,500.00 - $8 - 20.00 - 4 444- 4444 -- 10- 118- _ 21 -1 4 -{1 �HAPPY HOLLOW PARK $9,599.04 $16,376.00 _ 110-118-21-14-0009 1 3310 50TH AVE N $2,500.00 U20 10-118-21-14-0010 1 3318 50TH AVE N $2,500.00 - $82 - 0. - 00 10-118-21-14-0011 14957 BROOKLYN BLVD $2,500.00 $820,00 10- 1 18 -21 -14 -0019 4903 BROOKLYN BLVD $2,500. - $820.00 10-118-21-14-0020 3112 49TH AVE N $2,500.00 $820.00 10-118-21-14-0021 4900 ZENITH AVE N $2,500.00 $820.00 10-118-21-14-0022 4906 ZENITH AVE N $2,500.00 $8 110-118-21-14-0023 4912 ZENITH AVE N $2,500.00 $820.00 110-118-21-14-0024 ;4920 ZENITH AVE N $2,500.00 $820.00 10-118-21-14-0025 4928 ZENITH AVE N $2, 566 - - 00 820.00 110-118-21-14-0026 14938 ZENITH AVE N $2,500.00 $820.00 10- 118 -21 -14 -0027 4944 ZENIT AVE N ----$ --$ 10-118-21-14-0028 t4948 ZENITH AVE N $2,500.00 $820.00 10-118-21-14-0029 4953 ZENITH AVE N $2,500.00 - $ - 820.00 - 10-118-21-14-0030 14917 ABBOTT AVE N I $2,500.00 $820.00 110-118-21-14-0031 14937 ZENITH AVE N $2,500.00 i $820.00 110-118-21-14-0032 ;4929 ZENITH AVE N $2,500.00 .$8-20.-00 - 10-118-21-14-0033 14921 ZENITH AVE N $2,500.00 $820.00 • 10-118-21-14-0034 X4911 ZENITH AVE N $2,500.00 $820.00 10-118-21-14-0035 '3212 49TH AVE N $2,500.00 $820.00 10-118-21-14-0036 490 ZENITH - AVE N - $ - 2,5 - 0 - 0 - . - 00 - $820.00 Page 1