HomeMy WebLinkAbout2003 04-28 CCP Regular Session AGENDA
CITY COUNCIL STUDY SESSION
April 28, 2003
6:00 P.M.
Council Commission Conference Room
I . City Council discussion of agenda items and questions
2. Traffic control sign on Woodbine & Kyle
3. Miscellaneous
4. Adjourn
V
Memorandum
To: Brooklyn Center City Council File
From: Diane Niesen
Date: April 28, 2003
Re: Documentation of Proposed Rental Ordinance Changes
Having missed the Council meeting of March 24, 2003 due to vacation, at the regular Council
meeting of April 14, 2003 there were items I wished to cover as make -up /follow -up. However,
Representative Hilstrom led a discussion on the bus hub from 6:00 — 7:00 p.m. and so I advised
Council that I would defer my items until the April 28` meeting, which was noted. Below are my
items of interest.
Rental Ordinance
As a follow -up to the joint meeting with Housing on April 2, as promised I submitted, via email, a list
of concerns I had with the proposed ordinance changes. It is attached for inclusion alongside other
Council Members' opinions and discussions on this topic. I look forward to continued discussions on
this after rental property owners have had time to review the proposal.
Reimbursement of up to $500 in out -of- pocket expenses related to personal use of vehicles by
City employees on City business
For the record I would like to communicate that I do not support this amendment to section 12.3 of
Brooklyn Center's Personnel Rules and Regulations. An employee had caused damage to their car
while on City business and the insurance deductible they would be responsible for was $250.00. The
reason I oppose this and similar reimbursements is that the mileage reimbursement program is
intended to reimburse business use of personal vehicles on a per mile basis, which covers that
business use wear and tear. Mileage reimbursement is commonly used throughout the private sector
and is understood to operate as a standalone reimbursement program. That is, any employee at my
private employer's place of business would not be reimbursed for washing their car, tickets and fines
the incurred, and accidents they sustained. I note that Council passed this employee reimbursement
amendment of up to an extra $500.00 in expenses, per employee, above and beyond the business
reimbursement program. I do not believe the mileage reimbursement program was intended to
indicate a need to purchase, at taxpayer expenses, vehicles for any City employee who might
undertake errands outside the building. I wanted my opinion noted, for the record.
Previous Minutes voted on March 24, 2003
03/10/03, p9
Missing was my statement that I believed operating an Open Forum for televised broadcast might
interest people in the same way that they enjoy reading the Opinion pages of newspapers.
3/17/03, p3
The comment by Mr. Yelich, which I supported, was not included. Mr. Yelich advised that instead of
always looking at cost cutting, the City should look at increasing efficiencies in operations. This was
a noteworthy thought.
City of Brooklyn Center
A Millennium Community
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To: Mayor Kragness and uncil Members Carmody, Lasman, Niesen, and Peppe
From: Michael J. McCauley
City Manager
Date: April 22, 2
Re: 7236 Halifax Avenue
Staff has reviewed the accident history at the T- intersection of Woodbine & Halifax.
There have been a number of accidents in that location. In 1998 a survey was done of
neighbors regarding a stop sign at Woodbine & Kyle to slow traffic down. 17 of 18
residents were in favor of a stop sign, but the residents at the intersection were not in
favor of a stop sign. The question for the Council is whether you would like a new survey
taken of residents on Woodbine.
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
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MEMORANDUM
DATE: Monday, April 14, 2003
TO: Mike McCauley, City Manager
FROM: Curt Boganey, Assistant City Mana4o 5
RE: 7236 Halifax Avenue
The staff has reviewed the very extensive past reports and all current information
available in response to the concern about accidents at the T- intersection of Woodbine
and Halifax. The staff conclusion is that there have been an unusual number of accidents
at the intersection. It is conceivable that the distance of 1900 feet from Noble to Halifax
may be a contributing factor. For this reason a mid point stop sign at Woodbine and Klye
would not be an unreasonable action for the City to take recognizing the fact that staff
does not normally recommend stop signs as a speed control devise.
In this case we believe that this is largely a local neighborhood street issue and the
neighbors view should be given considerable weight. A survey completed in 1998
indicated that of the 45 total surveys sent, 17 out of 28 responses received, favored a stop
sign at Kyle and Woodbine. This response suggests that there was support but no clear
consensus within the neighborhood to place a stop sign at Kyle and Woodbine.
Since there have been additional accidents since 1998 and since several years have past,
the staff would like direction as to whether a new survey should be conducted at this
time. Please advise.
CITY COUNCIL MEETING
Public Copy
• City of Brooklyn Center
April 28, 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.
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. April 7, 2003 - Work Session
2. April 14, 2003 - Study Session
3. April 14, 2003 - Regular Session
b. Licenses
C. Proclamation Declaring May 13 Through 17, 2003, To Be Minneapolis District
Days
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CITY COUNCIL AGENDA -2- April 28, 2003
d. Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees
e. Resolution Authorizing the Consent to Submit a Notice of Intent for a General
Stormwater Permit to the Minnesota Pollution Control Agency
£ Resolution Approving Traffic Signal Plans and Cooperative Agreement for
Participation in the Construction and Operation of the Traffic Control Signal System
at CSAH 152 and 63 Avenue North
g. Resolution Accepting Bid and Awarding a Contract, Improvement Project Nos.
2003 -01, 02, 03, & 04, Happy Hollow Street, Storm Drainage, and Utility
Improvements
8. Council Consideration Items
a. Resolution Expressing Appreciation for the Gifts of the Brooklyn Center Fire
Department Relief Association in Support of After- School Programs and the Adopt-
' A- Park/Trail /Street Program
-Requested Council Action:
• - Motion to adopt resolution.
b. Proclamation Declaring May 11 -17, 2003, as Police Week
- Requested Council Action:
- Motion to adopt proclamation.
C. Resolution Adopting Housing Bond Policy and Procedures
-Requested Council Action:
- Motion to adopt resolution.
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d. Proposed Middle Twin Lake Shoreline Restoration Project
-Requested Council Action:
- Motion to reject proposed project.
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e. Letter of Agreement with Metropolitan Council: Transit Hub
-Requested Council Action:
- Motion to approve Letter of Agreement.
•
• CITY COUNCIL AGENDA -3- April 28, 2003
f. An Ordinance Repealing Chapter 2 of the City Ordinances of the City of Brooklyn
Center and Adopting a New Ordinance Regarding the Disposition of Abandoned and
Unclaimed Property
-Requested Council Action:
- Motion to approve first reading and set second reading and public hearing on
May 27, 2003.
g. An Ordinance Amending Sections 11 -717 and 23 -1902 of the Brooklyn Center Code
of Ordinances, Relating to the Conduct of Charitable Gambling in the City
-Requested Council Action:
- Motion to approve first reading and set second reading and public hearing on
May 27, 2003.
h. Report on Code Enforcement Summer Sweep
-Requested Council Action:
-None, report only.
9. Adjournment
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City Council Agenda Item No. 7a
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Memorandum
To: Brooklyn Center City Council File
From: Diane Niesen
Date: April 28, 2003
Re: Minutes
Work Session, 04/07/03 page 3
To read:
"Councilmember Niesen questioned the subject of franchise fees and asked why it had not come up
before, or if it had."
Study Session, 04 /14/03 page 1
To read:
"After Representative Hilstrom explained the opt -out option that Maple Grove (one city example)
adopted out of the MTC -run bus program, vs. being able to direct where MTC ran their buses and
levy their taxpayers for a transit building, councilmember Niesen questioned if Brooklyn Center
could also opt -out. Representative Hilstrom informed that the time period for opting -out had only
operated for a period of time that was now unavailable."
Study Session, 04 /14/03 page 2
To read:
"Councilmember Niesen expressed that she is not willing to commit any taxpayer funds to providing
restroom services for MTC's transit business, but that if MTC was to provide this service, it would be
a nice amenity to the bus hub in Brooklyn Center and serve the community well."
• MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
CITY COUNCIL WORK SESSION
APRIL 7, 2003
COUNCIL /COMMISSION CONFERENCE ROOM
CALL TO ORDER
The Brooklyn Center City Council met in a work 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: City Manager Michael McCauley, Assistant City Manager /Director of
Operations Curt Boganey, Community Development Director Brad Hoffman, and Deputy City Clerk
Maria Rosenbaum.
UPDATE OF DEVELOPMENT PROJECTS
City Manager Michael McCauley informed the Council that two hotel proposals had been received
for the land adjacent to the Earle Brown Heritage Center and suggested that Community
Development Director Brad Hoffman outline the proposals.
Mr. Hoffman discussed the first proposal would be a 143 -room hotel with some meeting space and a
market value of approximately $8 or $9 Million. The second proposal would be for a full service
200 -room complex with a restaurant and a 28,000 square foot water park. The market value of this
proposal would be approximately $20 Million.
Councilmember Niesen questioned if this land was in a Tax Increment Financing (TIF) District. Mr.
Hoffman responded that the land was in a TIF District; however, the developer would not receive
any TIF.
Mr. Hoffinan informed that staff will continue to review the two proposals and that these proposals
will come back to the Council in June, with construction anticipated for Spring 2004.
Mr. Hoffman discussed that since the grant had been received for the Little Asia project, the
feasibility study and site planning had been started. The rough draft of the market value will be
finalized shortly and it has been indicated that there was a strong market for what is proposed. He
informed that the dilemma now was that the site originally planned for this project may be too small.
• 04/07/03 -1- DRAFT
The options for the project would be to downsize or relocate the project. Mr. Hoffman discussed that •
the relocation for the project being considered was in the Opportunity Site.
He noted that there was a 70,000 square foot commercial building looking to relocate and that if the
Little Asia project were to relocate this would be something to keep in mind. He expressed that this
is all premature at this point in time. Mr. McCauley informed that the Council would need to look at
many details before anything was finalized and that the options for both sites will be considered in
the planning process.
Council discussed the two locations being considered. Councilmember Carmody questioned if the
Opportunity Site were chosen, would the Brooklyn Center School District be impacted. Mr.
McCauley discussed the TIF and the impacts that would be created if this site were chosen.
Mr. McCauley discussed the housing issue that had been dropped when this project was first
presented will be considered again. Councilmember Niesen questioned if the City of Brooklyn
Center had enough senior housing. Mr. Hoffman responded that there was not enough senior
housing in Brooklyn Center and discussed the different types of senior housing.
Councilmember Lasman questioned if staff was comfortable with consideration of the Opportunity
Site and if this would be practical. Mr. Hoffman responded that with the point of market study
looking positive, he would say he was comfortable with this consideration. Mr. McCauley discussed
that if this project was considered it would not only clean up the area; it would create a regional draw
to Brooklyn Center. All financial and management issues need to be considered for both sites and
the City's Comprehensive Plan and criteria for housing needs to be reviewed.
Councilmember Peppe expressed that this project needs to be considered in the Opportunity Site. If
the developers are interested the City needs to examine this consideration and not wait for the
Metropolitan Council.
Councilmember Carmody expressed that she would like to see a better fixture layout.
Councilmember Lasman expressed that Brooklyn Center needs to provide more housing in Brooklyn
Center.
Councilmember Niesen asked if the property owners involved have been in any discussions
regarding the taking of their property for the Opportunity Site. Mr. Hoffman informed that some of
the property owners have been in some discussions regarding the Opportunity Site in the past.
Mayor Kragness suggested that discussions continue with both sites.
04/07/03 -2- DRAFT
• TRANSIT HUB
Mr. McCauley informed that he and Mayor Kragness attended the Legislative Hearings and that the
Bills had passed out of their first committees to help Brooklyn Center with a transit hub.
Metropolitan Transit is now focusing on the site of the Old Norwest Bank and JoAnn Fabrics
buildings for a permanent transit hub. Mr. McCauley informed that this location would be the fastest
approach to getting the buses to a permanent location and the least impact on development and
redevelopment potential around Brookdale.
Councilmember Lasman questioned if eminent domain would be used. Mr. McCauley discussed that
there will be negotiating first and then at some point eminent domain may be needed.
Councilmember Peppe questioned if the owners of Jerry's have been informed of this location and
expressed if not, he would like to see what their comments are regarding this location. Mr.
McCauley informed that he was not aware of Jerry's knowing about this proposed location.
Council further discussed the location and costs associated with this location. Mr. McCauley
suggested that staff come up with a proposal and present it to Representative Hilstrom and Senator
Scheid.
The Council took a recess at 7:37 p.m. and reconvened at 7:42 p.m.
• PROCESS TO BALANCE BUDGET
Mr. McCauley distributed a sheet that outlined potential and implemented budget reductions and
transfers and requested direction from the Council whether to proceed with these amounts to help
balance the budget for 2003. He believes that having a plan in place and holding off on a franchise
fee for 2003 would be beneficial until the final legislation has been adopted.
Councilmember Niesen questioned franchise fees and why one had not been implemented before.
Mr. McCauley discussed that a franchise fee was a fee that is a percent of a bill or a per month
connection fee paid by residents. Other cities have implemented a franchise fee and he would like to
hold off on doing this until after the City Council and Financial Commission have met to discuss the
issue and specific needs and uses for funds have been developed.
Councilmember Niesen expressed that she believes it is premature to discuss franchise fees and
suggested looking at where the City is spending money. Mr. McCauley asked the Council if it would
be okay for him to outline some of the materials that Councilmember Niesen missed at the March 24,
2003, meeting, to get her up to speed on the impact the City is facing. It was the consensus of the
Council for Mr. McCauley to outline some of the materials presented at the March 24, 2003,
meeting.
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04/07/03 -3- DRAFT
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Councilmember Carmody questioned if this request would impact the current street improvement
projects. Mr. McCauley responded that these numbers should not impact this year's street
improvement projects but future year's project funding is unknown. She expressed concern about
cutting the parks too much and what it might do for the kids in Brooklyn Center.
Mr. McCauley discussed that this plan is consistent with seeking the maximum flexibility.
Councilmember Lasman questioned the net of ($157,327). Mr. McCauley discussed that there is
more capital and that the Police and Fire will be making suggestions.
Councilmember Niesen shared some comments regarding liquor operations in Brooklyn Center and
that she was not in favor of early retirement incentives or Council meetings once a month.
Councilmember Lasman questioned where the savings would come from with the four -day
workweek. Mr. McCauley discussed that there would not only be savings on salaries, but the cost to
operate City Hall and the Community Center one less day a week. He did not feel the decrease in
service would be warranted by cost savings at this time.
There was no action suggested on this item.
MISCELLANEOUS
Councilmember Niesen informed that she had some issues with Chapter 12 of the City's Ordinance •
and questioned how the Council would like her to address her issues. Councilmember Carmody
responded that the City Council discussed Chapter 12 at the April 2, 2003, joint meeting with the
Housing Commission.
Councilmember Niesen was questioned why she did not attend the meeting. Councilmember Niesen
informed that she had just gotten back from vacation and was not able to make the meeting. Mayor
Kragness informed that she should have called her or the City Manager and that she will be marked
unexcused; and suggested that she wait for the minutes and then discuss her issues with the City
Manager.
ADJOURNMENT
A motion by Councilmember Lasman, seconded by Councilmember Peppe to adjourn the work
session at 8:56 p.m.
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City Clerk Mayor
04/07/03 -4- DRAFT
• MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
STUDY SESSION
APRIL 14, 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 City Manager Michael McCauley, Assistant City Manager/Director of
Operations Curt Boganey, Director of Public Works /City Engineer Todd Blomstrom, and Deputy
City Clerk Maria Rosenbaum.
Representative Debra Hilstrom was present to update on the transit hub and request direction as to
• what level of participation the City wants to provide. She informed that she along with Senator
Linda Scheid, Mayor Myrna Kragness, and City Manager Michael McCauley have been working
hard to accomplish getting a decent facility in Brooklyn Center. The Metropolitan Transit is
suggesting a facility without restrooms and this is not acceptable.
Councilmember Lasman questioned what levels of participation other cities have provided.
Representative Hilstrom informed that some other cities have levy authority. Mr. McCauley
discussed the opt -out communities and how they operate their transit facilities.
Councilmember Niesen questioned why the City of Brooklyn Center could not opt -out.
Representative Hilstrom informed that is not an option for the City of Brooklyn Center.
Mayor Kragness expressed that the facility needs restrooms.
Councilmember Niesen questioned the $5 Million allocated for this facility. Representative Hilstrom
informed that the $5 Million is enough to build a facility; however, these funds cannot be used for
operation and that if the capital is not spent it will be lost.
Councilmember Carmody expressed that the facility needs restrooms and that she prefers the
Robbinsdale set up.
• Councilmember Lasman expressed that she would like to see the infrastructure built and let the
Metropolitan Transit take maximum responsibility with negotiations later.
04/14/03 -1- DRAFT
Councilmember Niesen expressed that she is not willing to kick in any money. •
Councilmember Peppe expressed that he believes no matter what happens the City will not win.
Representative Hilstrom asked that the Council give the City Manager authority to look at options.
CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS
There were no agenda items discussed.
REQUEST OF FIRE RELIEF ASSOCIATION TO CONSIDER CHANGES TO
CHARITABLE GAMBLING ORDINANCE
Mr. McCauley discussed that the Fire Relief Association had inquired about changes to the City's
Ordinance in order for them to operate in more than one location, have a 90 percent payout, and
allow operation of paddlewheels. If the Council is comfortable with accepting this inquiry, he will
have City Attorney Charlie LeFevere prepare an ordinance amendment.
It was the consensus of the Council to direct Mr. LeFevere to draft an ordinance amendment.
ADJOURNMENT
The Council continued its Study Session into Informal Open Forum at 6:45 p.m.
City Clerk Mayor
•
04/14/03 -27 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
APRIL 14, 2003
CITY HALL - COUNCIL CHAMBERS
1. INFORMAL OPEN FORUM WITH CITY COUNCIL
CALL TO ORDER INFORMAL OPEN FORUM
The Brooklyn Center City Council continued its Study Session into Informal Open Forum at 6:45
p.m.
ROLL CALL
Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Bob
Peppe. Also present were City Manager Michael McCauley, Assistant City Manager /Director of
Operations Curt Boganey, Director of Public Works /City Engineer Todd Blomstrom, City Attorney
Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum.
• No one appeared at Informal Open Forum.
ADJOURN INFORMAL OPEN FORUM
A motion by Councilmember Lasman, seconded by Councilmember Niesen to adjourn the informal
open forum at 6:58 p.m. Motion passed unanimously.
2. INVOCATION
Joel Downer offered the invocation.
3. CALL TO ORDER REGULAR BUSINESS MEETING
The Brooklyn Center City Council met in Regular Session and was called to order by Mayor Myrna
Kragness at 7:02 p.m.
4. ROLL CALL
Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Bob
Peppe. Also present were City Manager Michael McCauley, Assistant City Manager/Director of
Operations Curt Boganey, Chief of Police Scott Bechthold, Director of Public Works /City Engineer
• Todd Blomstrom, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum.
04/14/03 -1- DRAFT
5. PLEDGE OF ALLEGIANCE •
The Pledge of Allegiance was recited.
6. COUNCIL REPORT
Councilmember Lasman reported that she attended the Riverbank Stabilization meeting on March
27, 2003, the joint City Council meeting with Housing Commission on April 2, 2003, and the
National Night Out Committee meeting on April 9, 2003.
Councilmember Niesen reported that she attended an event where she heard Dr. Michael Osterham
speaking on terrorism. She informed that she would like to discuss the City's Emergency Plan in the
future; and that she had some issues with previous approved minutes. She will bring those issues up
at the next study session.
7. APPROVAL OF AGENDA AND CONSENT AGENDA
There was a motion by Councilmember Lasman, seconded by Councilmember Carmody to approve
the agenda and consent agenda. Motion passed unanimously.
7a. APPROVAL OF MINUTES
There was a motion by Councilmember Lasman, seconded by Councilmember Carmody to approve •
the minutes of March 24, 2003, study and regular sessions and the April 2, 2003, joint session with
Housing Commission. Councilmember Niesen abstained from the vote. Motion passed.
7b. LICENSES
A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve the
following list of licenses. Motion passed unanimously.
MECHANICAL
Construction Mechanical Services 1307 Sylvan Street, St. Paul
Hansen Heating Inc. 16218 Eveleth Street NE, Ham Lake
Jay Hawk Mechanical 1245 Choke Cherry Road, Lino Lakes
Maple Grove Heating & A/C 401 County Road 81, Osseo
Newman Mechanical Inc. 1400 East Highway 36, Maplewood
Quality Refrigeration 6237 Penn Avenue South, Richfield
River City Sheet Metal Inc. 9928 Bluebird Street NW, Coon Rapids
St. Marie Sheet Metal 7940 Spring Lake Park Road, Spring Lake Park
Southtown Refrigeration 5610 West 30 Street, St. Louis Park
Thermex Corporation 3529 Raleigh Avenue South, St. Louis Park
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04/14/03 -2- DRAFT
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• MOTOR VEHICLE DEALERSHIP
Brookdale Metro Mitsubishi 7235 Brooklyn Boulevard
Iten Chevrolet Company 6701 Brooklyn Boulevard
Luther Brookdale Chrysler Jeep 6121 Brooklyn Boulevard
RENTAL
Renewal:
Brookside Manor Apartments Anda Construction
Initial:
331363 rd Avenue North Yuan Xiong
5935 Dupont Avenue North Gina Dumas
4707 Eleanor Lane Todd Vlasaty
5715 Emerson Avenue North Tom Svendsen
5637 -39 Girard Avenue North Earl and Evalyn Krueth
5530 Irving Avenue North Timothy Guy
7230 West River Road Nedzad Ceric
4519 Woodbine Lane Benson Vang
SIGNHANGER
Pyramid Sign Ltd 432 South Wabasha Street, St. Paul
TAXICAB
• Kevin O'Conner Pioneer Taxi
7c. RESOLUTION AUTHORIZING ISSUANCE OF A LAWFUL GAMBLING
LICENSE (PULL -TABS) TO THE DUOOS BROS AMERICAN LEGION
POST 630 TO OPERATE AT THE DUOOS BROS AMERICAN LEGION
POST 630 AT 6110 BROOKLYN BLVD
RESOLUTION NO. 2003 -58
Councilmember Lasman introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING ISSUANCE OF A LAWFUL GAMBLING LICENSE (PULL-
TABS) TO THE DUOOS BROS AMERICAN LEGION POST 630 TO OPERATE AT THE
DUOOS BROS AMERICAN LEGION POST 630 AT 6110 BROOKLYN BLVD
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Carmody. Motion passed unanimously.
7d. RESOLUTION AUTHORIZING ISSUANCE OF A LAWFUL GAMBLING
LICENSE (PULL -TABS) TO THE BROOKLYN CENTER FIRE
DEPARTMENT RELIEF ASSOCIATION TO OPERATE AT REF'S SPORTS
• BAR &GRILL
04/14/03 -3- DRAFT
RESOLUTION NO. 2003 -59 •
Councilmember Lasman introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING ISSUANCE OF A LAWFUL GAMBLING LICENSE (PULL -
TABS) TO THE BROOKLYN CENTER FIRE DEPARTMENT RELIEF ASSOCIATION TO
OPERATE AT REF'S SPORTS BAR & GRILL
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Carmody. Motion passed unanimously.
7e. RESOLUTION APPROVING FINAL PLAT, EARLE BROWN SCHOOL ISD
286
RESOLUTION NO. 2003-60
Councilmember Lasman introduced the following resolution and moved its adoption:
RESOLUTION APPROVING FINAL PLAT, EARLE BROWN SCHOOL ISD 286
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Carmody. Motion passed unanimously.
7f. PROCLAMATION DECLARING APRIL 15, 2003, EQUAL PAY DAY •
A motion by Councilmember Lasman, seconded by Councilmember Carmody to adopt Proclamation
Declaring April 15, 2003, Equal Pay Day. Motion passed unanimously.
7g. RESOLUTION SELECTING THE NO WAIVER OPTION FOR CITY
STATUTORY TORT LIABILITY
RESOLUTION NO. 2003 -61
Councilmember Lasman introduced the following resolution and moved its adoption:
RESOLUTION SELECTING THE NO WAIVER OPTION FOR CITY STATUTORY TORT
LIABILITY
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Carmody. Motion passed unanimously.
04/14/03 -4- DRAFT
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• 7h. RESOLUTION RECOGNIZING THE DESIGNATION OF BROOKLYN
CENTER AS A TREE CITY USA FOR THE ELEVENTH CONSECUTIVE
YEAR; AND PROCLAMATION DECLARING APRIL 25, 2003, ARBOR DAY
AND MAY 2003 ARBOR MONTH IN BROOKLYN CENTER
RESOLUTION NO. 2003 -62
Councilmember Lasman introduced the following resolution and moved its adoption:
RESOLUTION RECOGNIZING THE DESIGNATION OF BROOKLYN CENTER AS A TREE
CITY USA FOR THE ELEVENTH CONSECUTIVE YEAR
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Carmody. Motion passed unanimously.
A motion by Councilmember Lasman, seconded by Councilmember Carmody to adopt Proclamation
Declaring April 25, 2003, Arbor Day and May 2003 Arbor Month in Brooklyn Center. Motion
passed unanimously.
7i. STAFF REPORT RE: EARTH DAY AND THE GREAT SHINGLE
CREEK WATERSHED CLEANUP
- PROCLAMATION DECLARING APRIL 22, 2003, AS EARTH DAY IN
• BROOKLYN CENTER
- PROCLAMATION DECLARING APRIL 19 THROUGH 26, 2003, TO BE
THE GREAT SHINGLE CREEK WATERSHED CLEANUP WEEK
A motion by Councilmember Lasman, seconded by Councilmember Carmody to adopt Proclamation
Declaring April 22, 2003, as Earth Day in Brooklyn Center. Motion passed unanimously.
A motion by Councilmember Lasman, seconded by Councilmember Carmody to adopt Proclamation
Declaring April 19 Through 26, 2003, to be the Great Shingle Creek Watershed Cleanup Week.
Motion passed unanimously.
7j. RESOLUTION AUTHORIZING THE USE OF MUNICIPAL STATE AID
FUNDS TO PAY FOR THE CITY'S PORTION OF RECONSTRUCTION
COSTS FOR THE TRAFFIC SIGNAL LOCATED AT BROOKLYN
BOULEVARD (CSAH 152) AND 63RD AVENUE NORTH, SAP #109 - 101 -04
RESOLUTION NO. 2003 -63
Councilmember Lasman introduced the following resolution and moved its adoption:
•
04/14/03 -5- DRAFT
RESOLUTION AUTHORIZING THE USE OF MUNICIPAL STATE AID FUNDS TO PAY FOR •
THE CITY'S PORTION OF RECONSTRUCTION COSTS FOR THE TRAFFIC SIGNAL
LOCATED AT BROOKLYN BOULEVARD (CSAH 152) AND 63RD AVENUE NORTH, SAP
#109-101-04
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Carmody. Motion passed unanimously.
8. APPEARANCES
A. JOHN CONNOLLY, EXECUTIVE DIRECTOR, MINNEAPOLIS
METRO NORTH CONVENTION AND VISITORS BUREAU
- ANNUAL UPDATE
John Connolly, Executive Director, addressed the Council to update them on the past, present, and
future events happening with the Minneapolis Metro North Convention and Visitors Bureau. The
Bureau exceeded in all categories in 2002, is on track for 2003, and the expectations for 2004 are
high and trending. He discussed that a competitive analysis had been done with 15 other bureaus and
that the Minneapolis Metro North Convention and Visitors Bureau ranked second overall in the
Midwest. Mr. Connolly shared an award that had been received for an outstanding website from the
National Association of Sports Committee, while City Manager Michael McCauley brought up their
website for showing.
Mayor Kragness commended Mr. Connelly for his leadership and expressed thanks to him and his
team for all that they provide.
B. GINNY BLACK, COUNCIL MEMBER, CITY OF PLYMOUTH
- REPORTING ON THE GREAT SHINGLE CREEK WATERSHED
CLEANUP
Ginny Black, Council Member, City of Plymouth, addressed the Council to report on the Great
Shingle Creek Watershed Cleanup Event and presented a PowerPoint presentation regarding the
event that will take place on April 19, 2003, from 9:00 a.m. to 11:00 a.m.
Mayor Kragness expressed thanks to Ms. Black for taking the time to present this information.
9. PUBLIC HEARING
9a. AN ORDINANCE REPEALING CHAPTER 21 OF THE CITY ORDINANCES
OF THE CITY OF BROOKLYN CENTER AND ADOPTING A NEW
ORDINANCE REGARDING TAXICABS
Mr. McCauley discussed that this ordinance reflects the Council's direction to have the City removed
from the taxicab licensing business. Anew ordinance has been prepared that would require taxicabs
to be licensed through the Metropolitan Airports Commission (MAC).
04/14/03 -6- DRAFT
•
• All taxicab licenses issued for the calendar year 2003 will continue to be valid for the year 2003. No
license fees will be returned of prorated.
Mayor Kragness questioned if a taxicab driver is licensed through the MAC if they can pick up and
drop off in Brooklyn Center. Mr. McCauley responded that anyone licensed through the MAC
would be able to do business in the City of Brooklyn Center.
A motion by Councilmember Lasman, seconded by Councilmember Carmody to open the Public
Hearing. Motion passed unanimously.
No one appeared before the Council.
A motion by Councilmember Lasman, seconded by Councilmember Carmody to close the Public
Hearing. Motion passed unanimously.
ORDINANCE NO. 2003-02
Councilmember Lasman introduced the following ordinance and moved its adoption:
AN ORDINANCE REPEALING CHAPTER 21 OF THE CITY ORDINANCES OF THE CITY OF
BROOKLYN CENTER AND ADOPTING A NEW ORDINANCE REGARDING TAXICABS
• The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember
Carmody. Motion passed unanimously.
10. COUNCIL CONSIDERATION ITEMS
10a. PROCLAMATION DECLARING MAY 3, 2003, TO BE A DAY OF
SPIRITUAL REDEDICATION AND PRAYER IN BROOKLYN CENTER
Mayor Kragness read the Proclamation Declaring May 3, 2003, to be a Day of Spiritual Rededication
and Prayer in Brooklyn Center.
A motion by Councilmember Lasman, seconded by Councilmember Peppe to adopt Proclamation
Declaring May 3, 2003, to be a Day of Spiritual Rededication and Prayer in Brooklyn Center.
Motion passed unanimously.
10b. RESOLUTION AMENDING 2003 PAY PLAN AND CREATION OF
POSITION OF POLICE LIEUTENANT
Police Chief Scott Bechthold presented a Powerpoint Presentation and outlined the process being
created to improve proactive service in Brooklyn Center and informed that the approximate cost
savings with this process would be $30,185.
•
04/14/03 -7- DRAFT
RESOLUTION NO. 2003-64 •
Councilmember Lasman introduced the following resolution and moved its adoption:
RESOLUTION AMENDING 2003 PAY PLAN AND CREATION OF POSITION OF POLICE
LIEUTENANT
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Carmody. Motion passed unanimously.
loc. AN ORDINANCE REPEALING CHAPTER 2 OF THE CITY ORDINANCES
OF THE CITY OF BROOKLYN CENTER AND ADOPTING A NEW
ORDINANCE REGARDING THE DISPOSITION OF ABANDONED AND
UNCLAIMED PROPERTY
Mr. McCauley discussed that the Council had tabled this item to get some questions answered about
the State Statutes requirements and how they compare to the City Ordinance. As indicated in
Assistant City Manager Curt Boganey s materials this ordinance amendment would be a
housekeeping item and brings the City up to State Law requirements.
City Attorney Charlie LeFevere informed that there was a correction to be made in the draft
ordinance amendment. Section 2 -105, f, 1, should read: The notice and hearing requirements in this
paragraph do not apply to vehicles described in Section 2- 105(a) - (e). •
Mr. McCauley informed that if the Council were comfortable with moving forward with this
ordinance amendment that he would direct staff to prepare the materials for first reading and setting
public hearing at the April 28, 2003, meeting.
Councilmember Niesen informed that she agrees this does clarify the questions that were raised and
that she still agrees with annual reports.
It was the consensus of the Council to have this item put on the April 28, 2003, agenda for first
reading and to set public hearing.
10d. CIVIL LEGAL SERVICES
Mr. McCauley discussed that pursuant to City Council Policy the Council needs to solicit Request
for Proposals for civil legal services in 2003. He proposed to use the same format that was used in
1999 with an advertisement in June and a due date of July 25, 2003.
A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve request for
proposals. Motion passed unanimously.
0
04/14/03 -8- DRAFT
• 10e. RESOLUTION OPPOSING THE CONCEPT OF ALLOWING FURTHER
PROLIFERATION OF LIQUOR SALES FROM DISPENSARIES OTHER
THAN DULY AUTHORIZED OFF -SALE LIQUOR STORES
Mr. McCauley discussed per Councilmember Lasman's request, this resolution had been prepared to
reiterate the City's opposition to allowing further proliferation of liquor sales from dispensaries other
than duly authorized off -sale liquor stores.
Councilmember Niesen questioned if the liquor industry or anyone else is opposing this matter. Mr.
McCauley informed that the off -sale liquor industry is opposing this and that the grocery store
industry is the strongest advocate for this matter.
Councilmember Lasman read the resolution.
RESOLUTION NO. 2003 -65
Councilmember Carmody introduced the following resolution and moved its adoption:
RESOLUTION OPPOSING THE CONCEPT OF ALLOWING FURTHER.PROLIFERATION OF
LIQUOR SALES FROM DISPENSARIES OTHER THAN DULY AUTHORIZED OFF -SALE
LIQUOR STORES
• The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Lasman. Motion passed unanimously.
10L REPORT ON RIVERBANK PROTECTION PROJECT, IMPROVEMENT
PROJECT NO. 1999 -11
Public Works Director /City Engineer Todd Blomstrom reported that the Army Corps of Engineers
had recently prepared revised plans for improvements to the riverbank to protect the existing sanitary
sewer north of 66 Avenue and that City staff has been working with them and residents adjacent to
the project.
The Minnesota Department of Natural Resources (DNR) and the National Park Service recently
raised concerns regarding the potential scenic impacts to the Mississippi River due to the proposed
placement of riprap material. A meeting was held with the DNR, Corps of Engineers, and National
Park Service to discuss potential modifications to the project design. At that meeting a
representative from the DNR indicated that simple stairways and landings less than 25 square feet are
generally allowed along the riverbank above the ordinary high water level. Decks and other
structures are not exempt and are required to meet the minimum setbacks established by the DNR.
City staff and representatives from these agencies will work together to review potential landscape
enhancements for the project and the additional costs associated. A neighborhood meeting has been
scheduled for April 30, 2003, 6:30 p.m., at the East Fire Station to review the landscape issues with
• residents.
04/14/03 -9- DRAFT
Councilmember Niesen expressed that she is happy to see the National Park Service involved with
this effort and questioned how the neighbors are reacting. Mr. Blomstrom informed that he believes •
this project is moving in a positive direction.
Councilmember Carmody questioned if the costs for the riprap will be determined by April 30, 2003,
and if the date has been set for construction of the project. Mr. Blomstrom responded that the
National Park' Service is getting bids and that they hope to have the cost for each option at the
meeting on April 30,2003; and that the project start date will be determined once the easements are
acquired. The goal is to have decisions by May 1, 2003, and to start construction in August 2003.
Councilmember Carmody questioned if the concerned elderly resident received the information
regarding neighborhood g ding the ne g hood meetings. Mr. Blomstrom will verify that she received the information.
Councilmember Lasman questioned if there will be any visuals for the Council to review. Mr.
Blomstrom informed that he is trying to get pictures.
log. RESOLUTION APPROVING ENVIRONMENTAL RESPONSE FUND
GRANT AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER
AND HENNEPIN COUNTY DEPARTMENT OF ENVIRONMENTAL
SERVICES
Mr. McCauley discussed that this item and agenda item 10h, Resolution Approving Agreement
Between the City of Brooklyn Center and Twin Lakes Business Park LLC Regarding Pass Through •
of Hennepin County Grant Funds, relate to the same matter. The first resolution would approve
receiving grant funds for certain environmental cleanup activities and the second resolution passes
grant funds received from Hennepin County to the developer.
Mr. McCauley informed that Twin Lakes Business Park LLC would be responsible for remediation
and the $65,900 worth of cost.
RESOLUTION NO. 2003 -66
Councilmember Lasman introduced the following resolution and moved its adoption:
RESOLUTION APPROVING ENVIRONMENTAL RESPONSE FUND GRANT AGREEMENT
BETWEEN THE CITY OF BROOKLYN CENTER AND HENNEPIN COUNTY DEPARTMENT
OF ENVIRONMENTAL SERVICES
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Carmody. Councilmember Niesen voted against the same. Motion passed.
10h. RESOLUTION APPROVING AGREEMENT BETWEEN CITY OF
BROOKLYN CENTER AND TWIN LAKES BUSINESS PARK LLC
REGARDING PASS THROUGH OF HENNEPIN COUNTY GRANT FUNDS •
04/14/03 -10- DRAFT
• RESOLUTION NO. 2003-67
Councilmember Lasman introduced the following resolution and moved its adoption:
RESOLUTION APPROVING AGREEMENT BETWEEN CITY OF BROOKLYN CENTER AND
TWIN LAKES BUSINESS PARK LLC REGARDING PASS THROUGH OF HENNEPIN
COUNTY GRANT FUNDS
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Carmody. Councilmember Niesen voted against the same. Motion passed.
10i. RESOLUTION APPROVING ALLOCATION OF 2003 FINAL COMMUNITY
DEVELOPMENT BLOCK GRANT ADJUSTMENT
Mr. McCauley discussed that this resolution would approve . the City's 2003 Community
Development Block Grant (CDBG) Program with an amendment to add $10,295 to the
Rehabilitation of Private Property Project for a total allocation of $34,811.
Councilmember Lasman questioned how many residents are being serviced for this project and if
allocating more money for this project would mean more residents to receive rehabilitation. Mr.
McCauley responded that there are still many on the list to receive rehabilitation and that allocating
this money there could possibly be one or two more homes added.
• RESOLUTION NO. 2003 -68
Councilmember Lasman introduced the following resolution and moved its adoption:
RESOLUTION APPROVING ALLOCATION OF 2003 FINAL COMMUNITY DEVELOPMENT
BLOCK GRANT ADJUSTMENT
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Peppe. Motion passed unanimously.
10j. AN ORDINANCE PERTAINING TO THE LICENSING OF RENTAL UNITS
IN THE CITY OF BROOKLYN CENTER
Mr. McCauley discussed that as a follow up to the meeting held on April 2, 2003, with the Housing
Commission the following items have been incorporated to the proposed ordinance amendment
pertaining to the licensing of rental units:
• Calls for service for police and fire calls would be considered excessive and require a
provisional license at .41 or more calls per unit per year rather than the over one call per unit
per year in the original draft.
• The ordinance would apply to apartment complexes with five units or more rather than four
S units and more indicating in the original draft.
04/14/03 -11- DRAFT
• The licensing period for apartment complexes would remain at two years but licenses that do •
not meet the calls for service requirements could lose their regular license status that do not
meet the calls for service requirements to obtain a provisional license.
• A "no retaliation" section should be added to require that no license should take any punitive
action against a tenant if the tenant makes a good faith call for police assistance.
Mr. McCauley presented a chart discussing the current ordinance and proposed ordinance with the
additional requirements of tenant background checks.
Councilmember arm questioned o ber C od u st ned how the six -month review would work if the licenses were
Carmody
on twelve months and questioned monthly reviews. Mr. McCauley responded that in order to
trigger a provisional license the ordinance changed to six months to systemize other than every
month.
Mr. LeFevere discussed that other city ordinances were reviewed and it seemed appropriate with a
six -month period for Brooklyn Center. He informed that complexes will know two months before
their licenses expire in order to allow them time to react to a mitigation plan and get City Council
approval.
Councilmember Lasman questioned what happens with the property that was approved earlier this
evening that had many calls. Mr. LeFevere informed that the licensing provisions continue and that
staff will be looking at a one -year rolling period.
Donna Frost, Brookside Manor Management, addressed the Council to express that she does not •
want the residents to feel threatened about calling the police; and that if the calls are not made,
getting the people out that are causing the problems becomes more difficult. Mr. LeFevere
responded that the ordinance amendment deals more with tenant behavior, looks at apartment wide
basis, and deals with other kinds of calls.
Councilmember Niesen discussed that she believes the current ordinance is simple and clear as
written now and questioned why this ordinance amendment is needed. She believes that the Council
needs to consider what the commissions are asking the Council to consider and that the Council
needs to clearly nderstand what effect this ordinance amendment would have on the communit It
Y tY
bothers her that she feels rushed into making a decision.
Ms. Frost informed that she attended the Association for Rental Management (ARM) meetings and
that she believes the consensus there would, be that the ordinance amendment is not necessary.
Mayor Kragness responded that she believes that is because those attending the ARM meetings are
the apartment complexes that are complying with City ordinances. Councilmember Peppe discussed
that this ordinance amendment would be for those ignoring problems and that it would give the City
Manager authority to deal with apartments case by case. The Council is not trying to punish those
who are trying to cleanup and needs leverage to work with those who are not complying.
Councilmember Niesen asked Councilmember Carmody to discuss her views since she serves on the
Housing Commission. •
04/14/03 -12- DRAFT
I
• Councilmember Carmody informed that the Housing Commission had started reviewing this
ordinance at the request of the City Council. The Housing Commission had been working on this to
help make apartment managers more responsible for who they rent to. It is not the City's
responsibility to deal with tenants who are causing problems.
Councilmember Niesen stated that she wants to be able to talk out and walk through issues.
Councilmember Peppe recapped Councilmember Carmody's discussion about needing leverage with
apartment managers.
Councilmember Niesen asked that it be clearly stated what this ordinance amendment would solve.
Mr. McCauley recapped that the City Council had directed the Housing Commission to review the
rental license ordinance. The ordinance would address repeated conduct on the premises where the
current ordinance deals with structural issues.
Councilmember Peppe discussed that the Council needs to move this matter along and proceed
forward. Mr. McCauley suggested that if this ordinance amendment would be the direction the
Council wishes to move with, he would put an item on the June 9, 2003, agenda to introduce and
allow public comment regarding the ordinance amendment. A letter could be mailed to all rental
license holders notifying them of the proposed ordinance amendment and meeting on June 9, 2003.
A motion by Councilmember Peppe, seconded by Councilmember Lasman directing staff to prepare
a mailing to all rental property owners notifying them of the proposed ordinance amendment and
• meeting date of June 9, 2003.
Councilmember Niesen asked if she could address the Council about this matter. She stated that she
agrees with the concept of this ordinance amendment and lowering crime; however, she is concerned
about not having this matter well thought out. Councilmember Peppe discussed that the Council had
an extensive meeting regarding this issue and that the Council needs to move forward with this
matter.
Motion passed.
10k. RESOLUTION AUTHORIZING RETIREMENT INCENTIVE PROGRAM IN
RESPONSE TO PENDING CUTS IN LOCAL GOVERNMENT AID
Mr. McCauley discussed that this resolution would allow the City to participate in an incentive
program as part of the preparation and implementation of budget reduction measures necessitated by
the impending reduction of Local Government Aids to the City of Brooklyn Center. The retirement
incentive would be a payment of 60 percent of the employee's accrued sick leave, instead of the 33
1/3 percent they would normally receive upon leaving the City's employment.
RESOLUTION NO. 2003-69
Councilmember Lasman introduced the following resolution and moved its adoption:
•
04/14/03 -13- DRAFT
I
RESOLUTION AUTHORIZING RETIREMENT INCENTIVE PROGRAM IN RESPONSE TO e
PENDING CUTS IN LOCAL GOVERNMENT AID
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Carmody. Motion passed unanimously.
11. ADJOURNMENT
There was a motion by Councilmember Lasman, seconded by Councilmember Carmody to adjourn
the City Council meeting at 9:20 p.m. Motion passed unanimously.
City Clerk Mayor
e
•
04/14/03 -14- 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
DATE: April 23, 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 April 28, 2003.
MECHANICAL
C O Carlson Air Cond. Co. 3456 Washington Avenue North, Minneapolis
Countryside Htg & Cooling 6511 Highway 12, Maple Plain
P & H Services Co. 1601 67`" Avenue North, Brooklyn Center
MOTOR VEHICLE DEALERSHIP
Brookdale Ford 2500 County Road 10
R.L. Brookdale Motors 6801 Brooklyn Boulevard
• RENTAL
Renewal:
507 69 Avenue North Outreach Six Acres Inc.
(12/11/02 - Disturbance call, one out of control at the group home. Mediated by Police)
7211 Girard Avenue North Tommy Vang
(2/28/02- Parking on the grass citation)
Initial:
5449 Colfax Avenue North Aaron Vos
(Zero calls for service in last 12 months)
SIGNHANGER
Lawrence Sign 945 Pierce Butler Route, St. Paul
Nordquist Sign Co. 312 West Lake Street, Minneapolis
Sign Solutions 3810 West Broadway, Robbinsdale
TOBACCO RELATED PRODUCT_
Ref s Sports Bar & Grill 2545 County Road 10
• ...
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 jy
City Council Agenda Item No. 7c
PROCLAMATION
DECLARING MAY 13 THROUGH 17, 2003, TO BE MINNEAPOLIS DISTRICT DAYS
WHEREAS, Jehovah -Jireh Church of God in Christ, located at 6120 Xerxes Avenue North in
Brooklyn Center, is the host church of the 2003 Minneapolis District Conference;
and
WHEREAS, the Minneapolis District Conference encourages a spirit of unity by focusing on a
theme o teamwork; and
WHEREAS, the Minneapolis District Con f erence will offer instructional workshops, dynamic
preaching, inspirational teaching, and cordial fellowship; and
WHEREAS, the Minneapolis District consists of Jehovah-Jireh Church, He Is Risen Church, Mt.
Olives Church, St. John's Church, an Th rone of Grace Church; and
WHEREAS, the Minneapolis District Conference welcomes ever regardl of our church
rY � g Y
affiliation; and
• WHEREAS, the City of Brooklyn Center welcomes all who attend the 2003 Minneapolis District
Conference.
NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of
Minnesota, with the consent and support of the Brooklyn Center City Council, do hereby proclaim
May 13 through 17, 2003, to be Minneapolis District Days in th City of Brooklyn Center.
Date Mayor
ATTEST:
City Clerk
04/18/2003 01:43 6125619765000 KRAGNESS PAGE 02
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April 10, 2003
The Honorable Mayor Myrna Kragness
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430
Dear Mayor Kragness:
• I greet you in the wonderful, omnipotent name of Jesus our Lord and Savior. The
Minneapolis District,, of the Churches of God in Christ has planned a 2003 Conference,
which will be convening May 13 -17, 2003, Jehovah -Jireh Church of God in Christ,
located at 6120 Xerxes Avenue in Brooklyn Center is our host church and Pastor
McKinley Moore is our host pastor,
We are in the process of preparing our first souvenir journal under the direction of our
new Superintendent, Pastor McKinley Moore, We would love to have you send us a
letter of greeting and a proclamation to include in our souvenir boob. Our theme is
"Teamwork Makes the Dream Work" Genesis 13 :8, Mark 3:25
We would like to receive all materials by April 18, 2003 so that we may have ample to
print our journals and mail them in advance.
Please send your letter of greeting and proclamation to me at the above address- Thank
you for your prompt attenti this matter.
in Q"
District M lsslo ary
Souvenir Journal Coordinator
Enclosure
Phow (651) 222,2599 Fax (651) 665-968
'"f his I uey tbm wads in do d Spirit wd ye a6atl rat AOU the hm a(do Awk' (lWokm a 5:16
City Council Agenda Item No. 7d
• MEMORANDUM
DATE: April 23, 2003
TO: Michael J. McCauley, City Manager
FROM: Joyce Gulseth, Public Works Administrative Aide-
,
SUBJECT: Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased
Trees
The attached resolution represents the official Council action required to expedite removal of the
trees most recently marked by the City tree inspector, in accordance with approved procedures.
It is anticipated that this resolution will be submitted for council consideration each meeting
during the summer and fall as new trees are marked.
i
i
Member introduced the following resolution and moved its
• adoption:
RESOLUTION NO.
RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL
OF DISEASED TREES
WHEREAS, a Notice to Abate Nuisance and Diseased Tree Removal Agreement has
been issued to the owners of certain properties in the City of Brooklyn Center giving the owners
twenty (20) days to remove diseased trees on the owners property; and
WHEREAS, the City can expedite the removal of these diseased trees by declaring
them a public nuisance.
NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City ofBrooklyn
Center, Minnesota that:
1. The diseased trees at the following addresses are hereby declared to be a public
nuisance:
TREE
PROPERTY OWNER PROPERTY ADDRESS NUMBER
DOUGLAS SCHULTZ 4759 TWIN LAKE AVE 1,2,3
2. After twenty (20) days from the date of the notice, the property owner(s) will
receive a second written notice providing five (5) business days in which to contest
the determination of the City Council by requesting, in writing, a hearing. Said
request shall be filed with the City Clerk.
i
3. After five (5) days, if the property owner fails to request a hearing, the tree(s) shall
be removed by the City. All removal costs, including legal, financing, and
administrative charges, shall be specially assessed against the property.
i
Date Mayor
ATTEST:
City Clerk
i
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 th
O llig g e same:
whereupon said resolution was declared duly passed and adopted.
i
I
City Council Agenda Item No. 7e
• MEMORANDUM
DATE: April 23, 2003
TO: Michael McCauley, City Manager �Q�
FROM: Todd Blomstrom, Director of Public Works 4
SUBJECT: Resolution Authorizing the Consent to Submit a Notice of Intent for a General
Stormwater Permit to the Minnesota Pollution Control Agency
A 1987 amendment to the Federal Clean Water Act required implementation of a two -phase
comprehensive national program to address storm water runoff. Phase I focused on large
construction sites, industrial facilities and large municipalities with a population of 100,000 or
more. The expanded Phase II program requires operators of small Municipal Separate Storm
Sewer Systems (MS4s) in urbanized areas to obtain permits and implement programs and
practices to control urban storm water runoff.
Municipalities, military bases, highway departments and other public operators of a storm sewer
system that is located within an urbanized area are required to obtain permit coverage under the
National Pollutant Discharge Elimination System ( NPDES) permit program developed by the
• United States Environmental Protection Agency (EPA). The EPA has delegated permitting
authority for Minnesota's NPDES program to the Minnesota Pollution Control Agency.
The permit requires MS4s to develop, implement and enforce a Storm Water Pollution
Prevention Program designed to minimize the discharge of pollutants from the storm sewer
system, to protect water quality, and to satisfy the appropriate water quality requirements of the
Clean Water Act. The Storm Water Pollution Prevention Program will consist of a combination
of several Best Management Practices that the community will use to manage urban storm water
runoff. These Best Management Practices are organized into the following categories within the
permit application.
1. Public Education and Outreach Measures
2. Public Participation and Involvement Measures
3. Illicit Discharge Detection and Elimination Measures
4. Construction Site Storm Water Runoff Control Measures
5. Post - Construction Storm Water Management Measures
6. Pollution Prevention and Good Housekeeping Measures
A resolution authorizing consent to submit a notice of intent for the NPDES Phase 11 general
stormwater permit program is provided for Council consideration.
Member introduced the following resolution and moved its
• adoption:
RESOLUTION NO.
RESOLUTION AUTIORIZING THE CONSENT TO SUBMIT A NOTICE OF
INTENT FOR A GENERAL STORMWATER PERMIT TO THE MINNESOTA
POLLUTION CONTOL AGENCY
WHEREAS, the City of Brooklyn Center is an operator of a Municipal Separate
Storm Sewer System (MS4) within an urbanized area; and
WHEREAS, operators of MS4s are required to obtain permits and implement
programs and practices to control polluted storm water runoff under the National Pollution Discharge
Elimination System (NPDES) permit program; and
WHEREAS, the City of Brooklyn Center is required to submit a Notice of Intent to
the Minnesota Pollution Control Agency as part of the NPDES permit program; and
WHEREAS, City staff have prepared the Notice of Intent to obtain permit coverage
for the Municipal Separate Storm Sewer System.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that the City of Brooklyn Center submit the Notice of Intent for a
General Stormwater Permit to the Minnesota Pollution Control Agency.
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.
•
MS W Template
Notice of intent to obtain coverage
General Storm Water Permit Application (MN R 040000)
• for Small Municipal Separate Storm Sewer Systems (MS4s)
(Noticed as MN R 580000) Minnesota
Minnesota Pollution Control Agency Pollution
520 Lafayette Road North, St. Paul, MN 55155 -4194 Control
Application deadline: March 10, 2003 Agency
Please read the instructions carefuliv and use the "tab'' key to move through the fields of this form. Enter
responses using drop down menus, check boxes and text as indicated. Use the "save as" feature in MS Word to
save this template as a document.
1. MS41nformation
A. Application Type
Application type: Single site or administrative area If multiple sites, number of attached application forms:
MS4s with multiple sites such as campuses, dispersed facilities, or state agency regions /districts, must attach a completed application for each site or
administrative area. An authorized person with overall responsibility or an officially delegated representative must sign each application form.
B. MS4 Owner
City of Brooklyn Center, Minnesota
Community, municipality, agency or other party having ownership or operational control of the MS4.
6301 Shingle Creek Parkway
0
ding Address
ooklyn Center MN 55430
City State Zip Code
Hennepin Mississippi River Twin Cities -- 07010206
County Major Watershed (see enclosed map)
41- 6005011 8020866
Federal Tax ID State Tax ID
C. General Contact
Blomstrom Todd Director of Public Works
Last Name First Name Title
General contact (official, staff member, consultant or other) for permit compliance issues.
6301 Shingle Creek Parkway
Mailing Address
Brooklyn Center MN 55430
City State Zip Code
(763) 569 -3340 tblomstrom @ci.brooklyn- center.mn.us
Telephone (include area code) E -Mail Address
Certificati of • rm Water Pollution Prevention • • ram (SWPPP)
A. Have you developed a Storm Water Pollution Prevention Program for your MS4? ®Yes No
Municipalities must demonstrate how their Storm Water Pollution Prevention Program will be implemented and
• enforced over the term of the five -year permit. SWPPPs must incorporate appropriate educational components,
BMPs and measurable goals.
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MPCA MS4 Storm Water Permit Application 1 of 10 02/06/03
Provide a brief description of the plan to complete the SWPPP if "No" is marked above.
Summary of the six minimum control measures. Complete items B. 1. through B. 6.
Storm Water Pollution Prevention Programs must address the specific requirements contained in Part V. G. of the permit. SWPPPs must
outline how the six minimum control measures will be addressed, the contact person, department in charge, time frame and measures that
will be implemented to meet the schedules required by the permit.
1. Public education and outreach measures
Blomstrom Todd Public Works and Engineering
Contact Last Name First Name Department
6301 Shingle Creek Parkway
Mailing Address
Brooklyn Center MN 55430
City State Zip Code
(763) 569 -3340 tblomstrom @ci.brooklyn- center.mn.us
Telephone (include area code) E -Mail Address
a) Have Best Management Practices (BMPs) that will be implemented for this minimum xYes ❑No
control measure been planned or developed?
b) Have measurable goals for each BMP for this minimum control measure been planned or xYes ❑No
developed?
c) Has an estimated timeline for implementing each BMP for this minimum control xYes ❑No
measure been planned or developed? Timelines should include, in narrative or numerical
form, the months and years required actions will occur, interim milestones, and
@ frequency of action, as appropriate.
Have the educational components for this minimum control measure been planned or xYes []No
developed?
e) Provide a brief description of the plan to complete any requirements marked "No" above. Attach a separate
sheet if necessary.
2. Public participation and involvement measures
Blomstrom Todd Public Works and Engineering
Contact Last Name First Name Department
6301 Shingle Creek Parkway
Mailing Address
Brooklyn Center MN 55430
City State Zip Code
(763) 569 -3340 tblomstrom @ci.brooklyn- center.mn.us
Telephone (include area code) E -Mail Address
a) Have Best Management Practices (BMPs) that will be implemented for this minimum xYes ❑No
control measure been planned or developed?
b) Have measurable goals for each BMP for this minimum control measure been planned or xYes ❑No
developed?
is Has an estimated timeline for implementing each BMP for this minimum control xYes ❑No
measure been planned or developed? Timelines should include, in narrative or numerical
form, the months and years required actions will occur, interim milestones, and
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MPCA MS4 Storm Water Permit Application 2 of 10 02/06/03
frequency of action, as appropriate.
d) Have the educational components for this minimum control measure been planned or xYes ❑No
developed?
Provide a brief description of the plan to complete any requirements marked "No" above. Attach a separate
sheet if necessary.
3. Illicit discharge detection and elimination
Blomstrom Todd Public Works and Engineering
Contact Last Name First Name Department
6301 Shingle Creek Parkway
Mailing Address
Brooklyn Center MN 55430
City State Zip Code
(763) 569 -3340 tblomstrom @ci.brooklyn - center.mn.us
Telephone (include area code) E -Mail Address
a) Have Best Management Practices (BMPs) that will be implemented for this minimum xYes ❑No
control measure been planned or developed?
b) Have measurable goals for each BMP for this minimum control measure been planned or xYes ❑No
developed?
c) Has an estimated timeline for implementing each BMP for this minimum control xYes ❑No
measure been planned or developed? Timelines should include, in narrative or numerical
form, the months and years required actions will occur, interim milestones, and
frequency of action, as appropriate.
Have the educational components for this minimum control measure been planned or xYes ❑No
developed?
e) Provide a brief description of the plan to complete any requirements marked "No" above. Attach a separate
sheet if necessary.
4. Construction site storm water runoff control measures
Blomstrom Todd Public Works and Engineering
Contact Last Name First Name Department
6301 Shingle Creek Parkway
Mailing Address
Brooklyn Center MN 55430
City State Zip Code
(763) 569 -3340 tblomstrom@ci.brooklyn-center.mrn.us
Telephone (include area code) E -Mail Address
a) Have Best Management Practices (BMPs) that will be implemented for this minimum xYes ❑No
control measure been planned or developed?
b) Have measurable goals for each BMP for this minimum control measure been planned or xYes ❑No
developed?
40 Has an estimated timeline for implementing each BMP for this minimum control xYes ❑No
measure been planned or developed? Timelines should include, in narrative or numerical
form, the months and years required actions will occur, interim milestones, and
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MPCA MS4 Storm Water Permit Application 3 of 10 02/06/03
frequency of action, as appropriate.
d) Have the educational components for this minimum control measure been planned or xYes ❑No
developed?
� ) Provide a brief description of the plan to complete any requirements marked "No" above. Attach a separate
sheet if necessary.
5. Post - construction storm water management measures
Blomstrom Todd Public Works and Engineering
Contact Last Name First Name Department
6301 Shingle Creek Parkway
Mailing Address
Brooklyn Center MN 55430
City State Zip Code
(763) 569 -3340 tblomstrom @ci.brooklyn- center.mn.us
Telephone (include area code) E -Mail Address
a) Have Best Management Practices (BMPs) that will be implemented for this minimum xYes ❑No
control measure been planned or developed?
b) Have measurable goals for each BMP for this minimum control measure been planned or xYes ❑No
developed?
c) Has an estimated timeline for implementing each BMP for this minimum control xYes ❑No
measure been planned or developed? Timelines should include, in narrative or numerical
form, the months and years required actions will occur, interim milestones, and
@ frequency of action, as appropriate.
Have the educational components for this minimum control measure been planned or xYes ❑No
developed?
e) Provide a brief description of the plan to complete any requirements marked "No" above. Attach a separate
sheet if necessary.
6. Pollution prevention and good housekeeping measures
Blomstrom Todd Public Works and Engineering
Contact Last Name First Name Department
6301 Shingle Creek Parkway
Mailing Address
Brooklyn Center MN 55430
City State Zip Code
(763) 569 -3340 tblomstrom @ci.brooklyn - center.mn.us
Telephone (include area code) E -Mail Address
a) Have Best Management Practices (BMPs) that will be implemented for this minimum xYes ❑No
control measure been planned or developed?
b) Have measurable goals for each BMP for this minimum control measure been planned or xYes ❑No
developed?
Has an estimated timeline for implementing each BMP for this minimum control xYes ❑No
measure been planned or developed? Timelines should include, in narrative or numerical
form, the months and years required actions will occur, interim milestones, and
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MPCA MS4 Storm Water Permit Application 4 of 10 02/06/03
frequency of action, as appropriate.
d) Have the educational components for this minimum control measure been planned or xYes ❑No
developed?
• ) Provide a brief description of the plan to complete any requirements marked "No" above. Attach a separate
sheet if necessary.
C. Reporting and record keeping requirements.
Have reporting and record keeping requirements for implementation of the Storm Water xYes ❑No
Pollution Prevention Program been planned or developed?
Provide a brief description of the plan to complete the reporting and record keeping requirements if "No" is
p p p p g p g q
marked above.
..
TTUME
Required Application Attachments
Complete a one page SWPPP Summary Sheet and a BMP Description Sheet for each type of BMP that will
be implemented. (See last two pages of the application form.)
A. Is the SWPPP Summary Sheet attached? ®Yes No
B. Is one BMP Description Sheet attached for each BMP? ®Yes No
C. How many BMP Description Sheets are attached? 19
A. Part II Limitations on Coverage and Appendix C
I have read Part II Limitations on Coverage and Appendix C of the MS4 general permit and XYes
certify that we intend to comply with the applicable requirements of those sections.
B. Special Waters
Please refer to the Guidance Manual for Small Municipal Separate Storm Sewer Systems (MS4s) and the
enclosed map to complete this section.
1. Does the MS4 discharge into Prohibited Waters as defined in Minn. R. 7050.0180, ❑Yes XNo
subp. 3, 4, and 5? See Attachment Four of the Guidance Manual for Small Municipal
Separate Storm Sewer Systems (MS4s) for further information. If yes, please list below
and contact Lou Flynn at (651) 296 -6575 or louis.flynn @state.mn.us. Be advised that
you will be required to obtain an individual permit versus a general permit.
2. Does the MS4 discharge into waters with a Restricted Discharge as defined in Minn. R. ❑Yes XNo
7050.0180, subp. 6, 6a, and 6b? If yes, please list below and comply with Part IX,
Appendix C, Item B. See Attachment Four of the Guidance Manual for Small Municipal
Separate Storm Sewer Systems (MS4s) for further information.
Does the MS4 discharge into Trout Waters as defined in Minn. R. 6264.0050 subp. 2 & ❑ Yes XNo
4? If yes, please list below and comply with Part IX, Appendix C, Item C. See
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MPCA MS4 Storm Water Permit Application 5 of 10 02/06(03
Attachments Two and Three of the Guidance Manual for Small Municipal Separate
Storm Sewer Systems (MS4s) for further infornation.
� . Does the MS4 discharge into Wetlands as defined in Minn. R. 7050.0130, subp. F? See XYes ❑No
Attachment Four of the Guidance Manual for Small Municipal Separate Storm Sewer
Systems (MS4s) for further information.
5. Does the MS4 have a process to evaluate discharges that require applicable XYes []No
Environmental Review as required by State or federal laws? See Part IX of the
Guidance Manual for Small Municipal Separate Storm Sewer Systems (MS4s) for further
information.
6. Does the MS4 have a process to evaluate discharges whose direct, indirect, interrelated, XYes ❑No
interconnected, or independent impacts may jeopardize a listed Endangered or
Threatened Species or adversely modify a designated critical habitat? See Part IX of the
Guidance Manual for Small Municipal Separate Storm Sewer Systems (MS4s) for further
information.
7. Does the MS4 have a process to evaluate discharges which may adversely affect XYes []No
properties listed or eligible for listing in the National Register of Historic Places or
affecting known or discovered archeological sites? See Part IX of the Guidance Manual
for Small Municipal Separate Storm Sewer Systems (MS4s) for further information.
If you answered "No" to Item 5, 6, or 7, briefly explain how the MS4 will come into compliance with the
�quirements of Appendix C.
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MPCA MS4 Storm Water Permit Application 6 of 10 02/06/03
V. Owner Ope rator Certification person with overall, site or administrative area SWPPP implementation responsibility must sign the
application. This person must be duly authorized to sign the application (mayor, designated public works
director, president of the university, etc.).
I certify under penalty of law that this document and all attachments were prepared under my direction or
supervision in accordance with a system designed to assure that qualified personnel properly gathered and
evaluated the information submitted. Based on my inquiry of the person or persons, who manage the system, or
those persons directly responsible for gathering the information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete (Minn. R. 7001.0070).
I also certify under penalty of law that I have read, understood, and accepted all terms and conditions of the
National Pollutant Discharge Elimination System ( NPDES) General Storm Water Permit for MS4s that
authorizes storm water discharges identified in this application form.
I understand that as a permittee, I am legally accountable under the Clean Water Act to ensure compliance with
the terms and conditions of the NPDES General Storm Water Permit for MS4s.
I also understand that MPCA enforcement actions (pursuant to Minn. Stat. § 115.07, 116.072, and Section 309
of the Clean Water Act) may be taken against me or the MS4 if the terms and conditions of the NPDES General
Storm Water Permit for MS4s are not met.
•
Authorized Signature Date
McCauley Michael City Manager
Last Name First Name Title
Official notices will be sent to person indicated here.
City of Brooklyn Center, 6301 Shingle Creek Parkway
Mailing Address
Brooklyn Center MN 55430
City State Zip Code
763 -569 -3300
Telephone (include area code) E -Mail Address
•
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MPCA MS4 Storm Water Permit Application 7 of 10 02/06/03
Attachment I SWPPP Summary Sheet'
D evelop a unique identification number for each BMP Description Sheet (Attachment 2) completed. List the
unique identification number for each BMP under the following seven areas.
A. Public Education and Outreach Measures
BMP unique identification numbers: A -1, A -2, A -3, A -4
B. Public Participation and Involvement Measures
BMP unique identification numbers: A -1, B -1, B -2, B -3
C. Illicit Discharge Detection and Elimination Measures
BMP unique identification numbers: C -1, C -2, C -3
D. Construction Site Storm Water Runoff Control Measures
BMP unique identification numbers: D -1, D -2
E. Post - Construction Storm Water Management Measures
BMP unique identification numbers: E -1, E -2
F. Pollution Prevention and Good Housekeeping Measures
BMP unique identification numbers: F -1, F -2, F -3, F -4
G. Other portion of the permit (such as Record Keeping or Appendix C).
q ortion of the permit that the BMPs addresses. BMP unique identification numbers.
ccord Retention for SWPPP G -1
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MPCA MS4 Storm Water Permit Application 8 of 10 02106103
I
i
Use the BMP Description template and "save as" feature in MSWord to complete this page for each BMP.
Alternate form its are acceptable as long as all the requested information is provided.
r
•
A. Unique Identification Number:
(Assign a number.)
B. Name or type of BMP:
C. BMP description:
D. Minimum control measure addressed:
E. Describe the measurable goals that will be used to determine success or benefits of this BMP:
F. Describe the timeline or implementation schedule for this BMP:
G. Person or department in charge of implementing this BMP:
Last Name First Name Department
If this BMP is an educational component of your SWPPP, briefly describe the audience and educational
goals for this minimum control measure:
See Attached Sheets
I
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MPCA MS4 Storm Water Permit Application 9 of 10 02/06/03
I
Alternative signature form for MS4 applications /notice of intent
I
V. Owner or Ope rator
This person must be duly authorized to sign the application (mayor, designated public works director, president
of the university, etc.).
I certify under penalty of law that this document and all attachments were prepared under my direction or
supervision in accordance with a system designed to assure that qualified personnel properly gathered and
evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or
those persons directly responsible for gathering the information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete (Minn. R. 7001.0070). 1 am aware that there are significant
penalties for submitting false information, including the possibility of fine and imprisonment. (Minn. R.
7001.0540)
Authorized Signature (This person must be duly authorized to sign the application for the MS4) Date
Last Name First Name Title
Official notices will be sent to person indicated here.
6301 Shingle Creek Parkway
Mailing Address
rooklyn Center MN 55430
ity State Zip Code
(763) 569 -3300
Telephone (include area code) E -Mail Address
I
I
I •
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MPCA MS4 Storm Water Permit Application 10 of 10 02/06/03
BMP Description Sheet'
Attachment 2'�
�. Unique Identification Number: A -1
B. Name or type of BMP: Annual Public Information and Open House Meeting
C. BMP description: Meeting to present an annual report on the Storm Water Pollution Prevention Plan
(SWPPP). Discussion items for the annual meeting include contents of the SWPPP, implementation of
minimum control measures, and open discussion to address questions from citizens and receive suggestions.
This meeting will provide an opportunity for the public to review and comment on the SWPPP prior to
preparation of the annual report to the Commissioner each year. Written materials that are received
concerning the SWPPP will also be considered.
D. Minimum control measure addressed: Public Education and Outreach
E. Describe the measurable goals that will be used to determine success or benefits of this BMP:
• Number of citizens attending the meeting
• Number of comments or recommendations received regarding the SWPPP content
F. Describe the timeline or implementation schedule for this BMP: Annual meeting will be held in October or
• November each year beginning in 2003. Notice of the meeting will be published in the official newspaper
30 days prior to the meeting date. The City will make available a copy of the notice to appropriate city and
county officials, MPCA, and other persons who have requested that they be informed of public meetings for
the SWPPP.
G. Person or department in charge of implementing this BMP:
City Engineer Public Works Department
Position Department
H. If this BMP is an educational component of your SWPPP, briefly describe the audience and educational
goals for this minimum control measure:
Audience — Citizens, Business Owners and Construction Contractors of Brooklyn Center
Educational Goals:
• Purpose of the SWPPP
• General Goals of the SWPPP
• Content of the SWPPP
• Implementation Status of the SWPPP
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MPCA MS4 Storm Water Permit Application 1 of 1 02/06/03
Attachment 2 i�� BMP Descri
�. Unique Identification Number: A -2
B. Name or type of BMP: Articles On Storm Water Tonics
C. BMP description: Articles on topics for all six minimum measures published in the City Newsletter
D. Minimum control measure addressed: Public Education and Outreach
E. Describe the measurable goals that will be used to determine success or benefits of this BMP:
• Number of articles published per year
• Number of topics addressed
F. Describe the timeline or implementation schedule for this BMP: Shingle Creek and West Mississippi
Watershed Management Commission will develop articles on storm water topics and distribute to member
cities. Three articles per year will be included in the quarterly city newsletter that is mailed to residents.
Implementation will begin in March/April of 2004 and will be ongoing at approximately three (3) articles
per year.
G. Person or department in charge of implementing this BMP:
•
Shingle Creek / West Mississippi Watershed Commission
City Engineer Public Works Department
Position Department
H. If this BMP is an educational component of your SWPPP, briefly describe the audience and educational
goals for this minimum control measure:
Audience: Citizens of Brooklyn Center
Educational Goals:
Examples include
• Lawn and turf management techniques
• General water quality issues
• Water conservation
• Disposal of waste
• Illegal dumping
•
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MPCA MS4 Storm Water Permit Application 1 of 1 02/06/03
• Descriptio
0 . Unique Identification Number: A -3
B. Name or type of BMP: Educational Materials
C. BMP description: Series of'brochures providing information on a variety of topics for all six minimum
control measures. Brochures will be developed by the Shingle Creek/West Mississippi Watershed
Management Commission and distributed with assistance from member cities.
D. Minimum control measure addressed: Public Education and Outreach
E, Describe the measurable goals that will be used to determine success or benefits of this BMP:
• Number of brochures prepared
• Number of brochures distributed
F. Describe the timeline or implementation schedule for this BMP: Shingle Creek/West Mississippi
Watershed Commission will prepare one new brochure per year. City will assist in the distribution of
brochures to various paties lised in the educational goals below.
• Watershed Commission begins development of brochures — 2003
• Brochure development and distribution — beginning in 2004
�. Person or department in charge of implementing this BMP:
Shingle Creek / West Mississippi Watershed Management Commission
City Engineer Public Works Department
Position Department
H. If this BMP is an educational component of your SWPPP, briefly describe the audience and educational
goals for this minimum control measure:
Audience — Residential and commercial property owners, Lakeshore property owners, developers,
contractors
Educational Goals:
Prepare and disseminate brochures to targeted audiences to increase awareness of various SWPPP
topics. Methods that will be considered include mailings to residents, attachments to permits, and
general availability at City offices. Potential topics include:
• Residential property owners: lawn management practices, composting, pet waste management
• Commercial property owners: operating a green worksite, commercial property turf care,
parking lot sweeping
• Lakeshore property owners: general water quality, managing shoreline for water quality, erosion
control
• Developers: low impact design methods, integrated property management practices
• Contractors: operating a green worksite, proper erosion control methods
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MPCA MS4 Storm Water Permit Application 1 of 1 02/06/03
I
' BW • •
.
Unique Identification Number: A -4
B. Name or type of BMP: Web Site Links
C. BMP description: Install a web site link from the City of Brooklyn Center web site www.ci.brooklvn-
center.mn.us to the Shingle Creek / West Mississippi Watershed Management Commissions web sites
www.shinQJecreek.orz and www.westmississiDDi.orQ. SC /WMWMC web sites provide additional links to
various storm water information sources.
D. Minimum control measure addressed: Public Education and Outreach
E. Describe the measurable goals that will be used to determine success or benefits of this BMP: Completion
of the installation of web site link.
F. Describe the timeline or implementation schedule for this BMP: Install link to above web sites by July of
2004.
G. Person or department in charge of implementing this BMP:
it Engineer Public Works Department
Position Department
H. If this BMP is an educational component of your SWPPP, briefly describe the audience and educational
goals for this minimum control measure:
Audience — All persons accessing the City of Brooklyn Center web site
• Educational Goal — to provide a source of information on storm water pollution prevention
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MPCA MS4 Storm Water Permit Application 1 of 1 02/06/03
Afti�hment2 BMP Description Sheet
�. Unique Identification Number: B -1
B. Name or type of BMP: Great ShinLyle Creek Watershed Cleanuo
C. BMP description: Coordinate trash and litter pickup on or about Earth Day each year to promote active
participation in the SWPPP by citizens
D. Minimum control measure addressed: Public Involvement and Participation
E. Describe the measurable goals that will be used to determine success or benefits of this BMP:
• Number of participants
Quantity of trash picked up
• Number of sites cleaned
Stream Miles picked up: Goal five stream miles on Shingle, Bass, and Eagle Creek by 2007
F. Describe the timeline or implementation schedule for this BMP: Annual event to be implemented in 2003
and ongoing each year
G. Person or department in charge of implementing this BMP:
O hingle Creek / West Mississippi Watershed Management Commission
Position Department
H. If this BMP is an educational component of your SWPPP, briefly describe the audience and educational
goals for this minimum control measure:
• Audience — Residents within the watershed
• Educational Goals: Promote awareness of the SWPPP
•
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MPCA MS4 Storm Water Permit Application 1 of 1 02/06/03
Att .
Descriptio
�. Unique Identification Number: B -2
B. Name or type of BMP: Citizen Assisted Monitoring Program
C. BMP description: Volunteer lake monitoring program for Lakeshore property owners and other interested
parties to monitor lake water quality through the Metropolitan Council's CAMP program
D. Minimum control measure addressed: Public Involvement and Participation
E. Describe the measurable goals that will be used to determine success or benefits of this BMP:
• Number of Sites
• Number of Volunteers
F. Describe the timeline or implementation schedule for this BMP: Implementation in 2003 and ongoing each
P p g g
year based on Metropolitan Council funding
G. Person or department in charge of implementing this BMP:
Shingle Creek / West Mississippi Watershed Management Commission
0 o >ty Engineer Department of Public Works
sition Department
H. If this BMP is an educational component of your SWPPP, briefly describe the audience and educational
goals for this minimum control measure:
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MPCA MS4 Storm Water Permit Application 1 of 1 02/06/03
Attachment 2 BMP Descriptio
�. Unique Identification Number: B -3
B. Name or type of BMP: Opinion Survev
C. BMP description: Conduct opinion survey to monitor opinions and level of knowledge of stakeholders in
the watershed in order to understand information gaps and better target education and outreach programs
D. Minimum control measure addressed: Public Involvement and Participation
E. Describe the measurable goals that will be used to determine success or benefits of this BMP:
• Number of surveys completed
• Number of survey results reviewed and discussed
• Refine programs as appropriate
F. Describe the timeline or implementation schedule for this BMP: Shingle Creek / West Mississippi
p g pp
Watershed Management Commission to develop and conduct the opinion survey once every three years.
Surveys are scheduled for 2004 and 2007
G. Person or department in charge of implementing this BMP:
•
Shingle Creek / West Mississippi Watershed Management Commission
City Engineer Department of Public Works
Position Department
H. If this BMP is an educational component of your SWPPP, briefly describe the audience and educational
goals for this minimum control measure:
•
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MPCA MS4 Storm Water Permit Application 1 of 1 02/06/03
• Description Sheet
�. Unique Identification Number: C -1
B. Name or type of BMP: Storm Sewer Base Man and GIS Svstem
C. BMP description: City base map update and development of GIS database system for the storm water
conveyance and management system. Components to be added to the base map and GIS database include:
• Storm water management ponds, streams, lakes and wetlands within the drainage system
• Structural pollution control devices (public only) including grit chambers, separators, etc.
• Storm sewer pipes that are 24- inches in diameter or larger
• Storm sewer outfall locations
D. Minimum control measure addressed: Illicit Discharge Detection and Elimination
E. Describe the measurable goals that will be used to determine success or benefits of this BMP:
• Percent completion of storm sewer base map using record plans
• Number of field verification inspections at various locations
• Percent completion of GIS database system
F. Describe the timeline or implementation schedule for this BMP:
• Update storm sewer base map with record plans — 2003 through 2005
Perform Field verification at various locations — 2003 through 2004
Establish initial GIS system for storm drainage system - 2004
Incorporate storm sewer base map data into GIS database - 2005
G. Person or department in charge of implementing this BMP:
City Engineer Public Works Department
Position Department
H. If this BMP is an educational component of your SWPPP, briefly describe the audience and educational
goals for this minimum control measure:
•
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MPCA MS4 Storm Water Permit Application 1 of 1 02/06/03
BWDescri
�. Unique Identification Number: C -2
B. Name or type of BMP: Illicit Discharge Ordinance and Policv Review
C. BMP description: Form internal committee to review existing ordinances and policies for detection of non -
storm water discharges and recommend new or modified ordinances and policies as necessary
D. Minimum control measure addressed: Illicit Discharge Detection and Elimination
E. Describe the measurable goals that will be used to determine success or benefits of this BMP:
• Number of current policies and ordinances reviewed
• Number of past violations reviewed by committee
• Number policies and ordinances from other sources reviewed
• Number of recommendations to City Manager for consideration by City Council
F. Describe the timeline or implementation schedule for this BMP:
Form internal committee — January 2005
• Data Collection — April / May 2005
Review existing policies and ordinances — June / July 2005
• Review sample ordinances from other sources — June / July 2005
Formulate recommendations — September / October 2005
G. Person or department in charge of implementing this BMP:
City Engineer Public Works Department
Position Department
H. If this BMP is an educational component of your SWPPP, briefly describe the audience and educational
goals for this minimum control measure:
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MPCA MS4 Storm Water Permit Application 1 of 1 02/06/03
0 . Unique Identification Number: C -3
B. Name or type of BMP: Illicit Discharge Action Plan
C. BMP description: Develop and implement a program to detect and respond to non -storm water discharges
or spills and establish administrative procedures to support enforcement.
D. Minimum control measure addressed: Illicit Discharge Detection and Elimination
I
E. Describe the measurable goals that will be used to determine success or benefits of this BMP:
Development of action steps to efficiently detect illicit discharges
• Number of inspections performed per year
• Number of illicit discharges detected per year
F. Describe the timeline or implementation schedule for this BMP:
• Review examples of existing programs in other communities — February 2006
• Develop action steps — April / May 2006
• Review and approval of action steps — July /August 2006
• Begin program implementation — January 2007
�. Person or department in charge of implementing this BMP:
City Engineer Public Works Department
Position Department
H. If this BMP is an educational component of your SWPPP, briefly describe the audience and educational
goals for this minimum control measure:
•
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MPCA MS4 Storm Water Permit Application 1 of 1 02/06/03
BMP Descri
0 . Unique Identification Number: D -1
B. Name or type of BMP: Construction Site Handbook
C. BMP description: Provide support to Shingle Creek / West Mississippi Watershed Management
Commission in the development of a handbook for cities to provide to contractors, inspectors, and other
interested parties. Distribute handbook to contractors who work within Brooklyn Center.
D. Minimum control measure addressed: Construction Site Storm Water Runoff Control Measures
E. Describe the measurable goals that will be used to determine success or benefits of this BMP:
• Develop Handbook distribution policy with Community Development Department
• Number of Handbooks distributed to contractors and inspectors
F. Describe the timeline or implementation schedule for this BMP:
• SC /WMWMC to establish working group to prepare handbook - 2004
• SC /WMWMC to publishes handbook - 2005
• City formulates policy for distribution - 2005
• • Distribute handbook — Continue to make available annually
G. Person or department in charge of implementing this BMP:
Shingle Creek / West Mississippi Watershed Management Commission
City Engineer Public Works Department
Position Department
H. If this BMP is an educational component of your SWPPP, briefly describe the audience and educational
goals for this minimum control measure:
Audience — Contractors working within Brooklyn Center
Educational Goals — Methods to minimize erosion and other water quality impacts from
construction activities
•
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MPCA MS4 Storm Water Permit Application 1 of 1 02/06/03
BMP Descri
I
�. Unique Identification Number: D -2
B. Name or type of BMP: Erosion Control Ordinance Review /Update
C. BMP description: An internal City committee will be formed to review existing city ordinances and
policies related to the control of construction site storm water runoff. The committee will develop
recommendations for modification to existing ordinances and policies as deemed necessary by the
committee. The following issues will be considered during the review of existing ordinances and policies:
• Requirements for construction site operators to implement appropriate erosion and sediment control
BMPs;
• Requirements for construction site operators to control waste, such as discarded building materials,
concrete truck washout, chemicals, litter, and sanitary waste;
• Procedures for site plan review which incorporate consideration of potential water quality impacts;
• Procedures for receipt and consideration of reports of non compliance or other information on
construction related issues submitted by the public, and
• Procedures for site inspection and enforcement of control measures.
D. Minimum control measure addressed: Construction Site Storm Water Runoff Control Measures
• Describe the measurable goals that will be used to determine success or benefits of this BMP:
• Number of proposed modifications to existing ordinances
• Number of proposed modifications to erosion control enforcement policy
• Number of plan reviews completed annually
F. Describe the timeline or implementation schedule for this BMP:
• Internal committee reviews SC /WMWMC model ordinance - Spring 2004
• Internal City committee reviews existing ordinances and policies — Summer 2004
• City Committee proposes modifications to existing ordinances and enforcement policies — Fall 2004
• Modificatinos to existing ordinances and policies adopted — March 2005
G. Person or department in charge of implementing this BMP:
City Engineer Public Works Department
Position Department
H. If this BMP is an educational component of your SWPPP, briefly describe the audience and educational
goals for this minimum control measure:
•
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MPCA MS4 Storm Water Permit Application 1 of 1 02106(03
' Descriptio
0 . Unique Identification Number: E -1
B. Name or type of BMP: Developer's Handbook
C. BMP description: Support Shingle Creek / West Mississippi Watershed Management Commission in
development of a handbook for BMP's to reduce pollutants from construction site runoff. City to distribute
handbook to developers, contractors, inspectors, and other interested parties.
D. Minimum control measure addressed: Post - Construction Storm Water Management Measures
E. Describe the measurable goals that will be used to determine success or benefits of this BMP:
Number of handbooks distributed
F. Describe the timeline or implementation schedule for this BMP:
• SC /WMWMC determines need - 2003
• SC /WMWMC establishes working group to prepare handbook - 2004
• City distributes handbook - 2005
46, Person or department in charge of implementing this BMP:
p g p g
Shingle Creels / West Mississippi Watershed Management Commission
City Engineer Public Works Department
Position Department
H. If this BMP is an educational component of your SWPPP, briefly describe the audience and educational
goals for this minimum control measure:
•
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MPCA MS4 Storm Water Permit Application 1 of 1 02/06/03
BMPDescri
�. Unique Identification Number: E -2
B. Name or type of BMP: Post - Construction Rules and Standards
C. BMP description: Enforcement of post - construction stormwater management requirements for certain
projects, including discharge rate control and water quality treatment measures. Implementation of existing
city and SC /WMWMC rules and standards for development or re- development projects that disturb greater
than or equal to one (1) acre.
D. Minimum control measure addressed: Post - Construction Storm Water Management Measures
E. Describe the measurable goals that will be used to determine success or benefits of this BMP:
• Number of technical reviews completed
• Number of storm water management BMPs constructed with new development or redevelopment
F. Describe the timeline or implementation schedule for this BMP:
• 2003 — 2007 ongoing
G. Person or department in charge of implementing this BMP:
•
Shingle Creek / West Mississippi Watershed Management Commission
City Engineer Public Works Department
Position Department
H. If this BMP is an educational component of your SWPPP, briefly describe the audience and educational
goals for this minimum control measure:
•
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MPCA MS4 Storm Water Permit Application 1 of 1 02/06/03
' Attadfiment 2 BMP Descriptio
Unique Identification Number: F -1
B. Name or type of BMP: System Operation and Maintenance Plan
C. BMP description: A System Operation and Maintenance Plan will be developed to address the following:
• Operation and Maintenance of the storm water system in a manner so as to minimize the discharge
of pollutants to the extent practicle;
• Inspection of publicly owned structural pollution control devices annually;
• Inspection of 20 percent of outfalls, sediment basins and ponds each year on a rotating basis;
• Determination of necessary repairs, replacement, or maintenance measures for proper operation
subject to available funding;
• Summary of results of inspections in the annual report
D. Minimum control measure addressed: Pollution Prevention and Good Housekeeping Measures
E. Describe the measurable goals that will be used to determine success or benefits of this BMP:
• Number of inspections per year of structural pollution control devices
• • Number of inspections per year of outfalls and public storm water management ponds
• Development of maintenance program
F. Describe the timeline or implementation schedule for this BMP:
• Develop component inventory list - 2004
• Development of GIS database system (per BMP C -1) - 2005
• Begin inspection program - 2006
• Develop maintenance program - 2007
G. Person or department in charge of implementing this BMP:
City Engineer Public Works Department
Position Department
H. If this BMP is an educational component of your SWPPP, briefly describe the audience and educational
goals for this minimum control measure:
•
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MPCA MS4 Storm Water Permit Application 1 of 1 02/06/03
' • •
�. Unique Identification Number: F -2
B. Name or type of BMP: Shingle Creek TMDL Monitoring ProLyram
C. BMP description: Participate in the Shingle Creek Watershed Management Commission program to
monitor water quality by supplying data required to track and analyze chloride levels.
D. Minimum control measure addressed: Pollution Prevention and Good Housekeeping Measures
E. Describe the measurable goals that will be used to determine success or benefits of this BMP:
• Number of meetings attended by operations supervisor
• Number of data sets supplied to Shingle Creek Watershed Commission Engineer
F. Describe the timeline or implementation schedule for this BMP: Participation in current program study
through completion.
G. Person or department in charge of implementing this BMP:
46 ity Engineer Public Works Department
sition Department
H. If this BMP is an educational component of your SWPPP, briefly describe the audience and educational
goals for this minimum control measure:
•
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MPCA MS4 Storm Water Permit Application 1 of 1 02/06/03
. D escriptio n
�. Unique Identification Number: F -3
B. Name or type of BMP: Street SweeninL Program
C. BMP description: Continue existing street sweeping program to remove debris, litter and sedimentation
from pubic street surfaces.
D. Minimum control measure addressed: Pollution Prevention and Good Housekeeping Measures
E. Describe the measurable goals that will be used to determine success or benefits of this BMP:
• Number of street sweeping cycles per year
• Timing and dates of sweeping cycle
F. Describe the timeline or implementation schedule for this BMP: Conduct street sweeping operations in
spring and fall each year.
G. Person or department in charge of implementing this BMP:
�s >rector of Public Works Public Works Department
ition Department
H. If this BMP is an educational component of your SWPPP, briefly describe the audience and educational
goals for this minimum control measure:
•
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MPCA MS4 Storm Water Permit Application 1 of 1 02/06/03
' Descriptio
�. Unique Identification Number: F -4
B. Name or type of BMP: Emplovee Training
C. BMP description: Educational training on storm water pollution prevention issues for city employees
D. Minimum control measure addressed: Pollution Prevention and Good Housekeeping Measures
E. Describe the measurable goals that will be used to determine success or benefits of this BMP:
• Number of training sessions
• Number of city employees trained
F. Describe the timeline or implementation schedule for this BMP:
• Identify training topics — Spring 2004
• Develop training materials — Fall 2004
• Conduct training sessions - 2005
G. Person or department in charge of implementing this BMP:
0 .s ),rector of Public Works Public Works Department
ition Department
H. If this BMP is an educational component of your SWPPP, briefly describe the audience and educational
goals for this minimum control measure:
• Audience — City employees
• Educational Goals — Various topics on storm water pollution prevention issues. Example topics
that will be considered include:
Hazards associated with illegal dumping to the drainage system
Detection of non -storm water discharges to the drainage system
Current ordinances and policies regulating the operation of the drainage system
Construction site BMPs to minimize erosion
Turf management issues related to water quality impacts
Drainage system GIS database training
•
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MPCA MS4 Storm Water Permit Application I of 1 02/06/03
Attachment 2 ' Descriptio
0 . Unique Identification Number: G -1
B. Name or type of BMP: Record Retention for SWPPP
C. BMP description: Establish procedures to document activities involved with development and
administration of Storm Water Pollution Prevention Program. An annual report will be prepared and
submitted to the Commissioner by March 10 of each year, beginning in 2004. The annual report will
contain the following items:
• Status of compliance with permit conditions
• Stonn water activities scheduled for next reporting cycle
• Changes to Best Management Practices or measureable goals
• Notice if a BMP is relying on another entity to satisfy some of the permit obligations
D. Minimum control measure addressed: For six minimum control measures
E. Describe the measurable goals that will be used to determine success or benefits of this BMP: Establishment
of procedures to record and documents actions for the storm water pollution prevention program.
F. Describe the timeline or implementation schedule for this BMP: Establishment in 2003 and ongoing
• throughout permit period
G. Person or department in charge of implementing this BMP:
City Engineer Public Works Department
Position Department
H. If this BMP is an educational component of your SWPPP, briefly describe the audience and educational
goals for this minimum control measure:
•
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MPCA MS4 Storm Water Permit Application 1 of 1 02/06/03
City Council Agenda Item No. 7f
• MEMORANDUM
DATE: April 23, 2003
TO: Michael McCauley, City Manager
FROM: Todd Blomstrom, Director of Public Works
SUBJECT: Resolution Approving Traffic Signal Plans and Cooperative Agreement for
Participation in the Construction and Operation of the Traffic Control Signal
System at CSAH 152 and 63 Avenue North
On April 14, 2003 the City Council Authorized the use of Municipal State Aid Funds to for the
City's portion of reconstruction costs for the traffic signal located at Brooklyn Boulevard (CSAH
152) and 63 Avenue North. Hennepin County required authorization of funding from the City
in order to proceed with completion of the project plans. Construction plans for the project are
now complete and copies are available for review at the engineering desk.
Hennepin County Transportation Department recently submitted a cooperative agreement for the
traffic control signal improvements to the City of Brooklyn Center for approval. The cooperative
• agreement outlines the City's responsibilities for the cost of construction of the traffic signal.
The proposed cost split for the project remains at 50 percent contribution from the City and 50
percent contribution from the County. The County has provided a revised cost estimate for the
project based on the final plans. The City's estimated cost -share portion has increased from
$86,064 to $99,176.61. Mn/DOT has confirmed that the City's cost for the project is eligible for
funding from Municipal State Aid Funds.
The agreement also outlines the operational responsibilities of both parties. Hennepin County
will maintain and repair the traffic control signal system installed as part of the project, including
all components of the Emergency vehicle Preemption System, all at the sole cost and expense of
the County. The City will maintain the street lights and pay the cost the electrical energy for
operation of the traffic control signal and street lights. There is a similar arrangement for other
existing traffic signals along Brooklyn Boulevard.
A resolution approving the traffic signal plans and the cooperative agreement for participation in
the construction and operation of the traffic control signal system at CSAH 152 and 63 Avenue
North is provided for Council consideration.
• Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION APPROVING TRAFFIC SIGNAL PLANS AND
COOPERATIVE AGREEMENT FOR PARTICIPATION IN THE CONSTRUCTION
AND OPERATION OF THE TRAFFIC CONTROL SIGNAL SYSTEM AT CSAH 152
AND 63' AVENUE NORTH
WHEREAS, the City of Brooklyn Center has requested improvements to the traffic
control signal system located at the intersection of Brooklyn Boulevard (CSAH 152) and 63
Avenue North as a joint project and using Municipal State Aid Funds; and
WHEREAS, Hennepin County Transportation Department initiated the preparation of
construction plans for improvements to the traffic control signal system; and
WHEREAS, construction plans showing proposed improvements have been prepared
and presented to the City; and
WHEREAS, Hennepin County has requested the City and County enter into a
Cooperative Agreement for Participation in the Construction and Operation of the Traffic Control
• Signal System.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that plans for the improvements to the traffic control signal system for
County Project No. 0017 are approved for construction, that the City agrees to provide the
enforcement for the prohibition of on- street parking on those portions of said project within its
corporate limits, and that the City shall enter into the Cooperative Agreement for Participation in the
Construction and Operation of Traffic Control Signal System (Agreement No. PW 62- 02 -02).
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
• Agreement No. PW 62 -02 -02
County Project No. 0017
County State Aid Highway No. 152
City of Brooklyn Center
County of Hennepin
COOPERATIVE AGREEMENT
FOR PARTICIPATION IN TH CONST RUCTION AND
OPERATION OF TRAFFIC CONTROL SIGNAL SYSTEM
THIS AGREEMENT, Made and entered into this day of ,
2003, by and between the County of Hennepin, a body politic and corporate under the laws of
the State of Minnesota, hereinafter referred to as the "County ", and the City of Brooklyn
Center, a body politic and corporate under the laws of the State of Minnesota, hereinafter
referred to as the "City ".
WITNESSETH:
WHEREAS, it is considered mutually desirable to replace the traffic control signal system
at the intersection of County State Aid Highway No. (CSAH) 152 (Brooklyn Boulevard) at 63
Avenue North with a new traffic control signal system, with • gn y emergency vehicle preemption
(EVP); and
WHEREAS, the above described improvements shall be identified and accomplished
under Hennepin County Project No. 0017 (a.k.a. S.A.P. No. 27- 752 -16), hereinafter referred to
as the "Project "; and
WHEREAS, the above described Project lies within the corporate limits of the City; and
WHEREAS, the City has expressed willingness to participate in the construction and
operating cost of aforesaid traffic control signal system; and
WHEREAS, to ensure compatibility with the County's existing network of traffic control
signal systems the County will furnish the controller, control equipment and control cabinet to be
installed as a part of said Project; and '
WHEREAS, it is contemplated that said work be carried out by the parties hereto under
the provisions of Minnesota Statutes, Section 162.17, Subdivision 1 and Section 471.59.
NOW THEREFORE, IT IS HEREBY AGREED:
I
• That the County or its .agents will advertise for bids for the work and construction of the
aforesaid Project, receive and open bids pursuant to said advertisement and enter into a contract
-1- L
Agreement No. PW 62 -02 -02
CSAH 152, C.P. 0017
• with the successful bidder at the unit rices specified d i e
p p e in bid of such bidder. The contract will
include the plans and specifications prepared by the County, which said plans and specifications
are by this reference made a part hereof.
II
The County will administer the contract and inspect the construction of the contract work
contemplated herewith. However, the City Engineer of Brooklyn Center shall cooperate with the
County Engineer and staff at their request to the extent necessary, but will have no responsibility
for the supervision of the work.
III
The City agrees that the County may make minor changes in the plans or in the character
of said contract construction which are reasonably necessary to cause said construction to be in
all things performed and completed in a satisfactory manner. It is further agreed by the City that
the County may enter into any change orders or supplemental agreements with the County's
contractor for the performance of any additional construction or construction occasioned by any
necessary, advantageous or desirable changes in plans, within the original scope of said Project.
Said changes may result in an increase or decrease to the City cost participation estimated herein.
• The City shall have the right to review any changes to the plans and specifications as they
relate to its cost participation. The City Engineer shall have the right to approve any change
orders or supplemental agreements prepared by the County that affect the respective City's share
of the construction cost.
The City further agrees that it will participate in the settlement of any claims from the
Contractor that involve project delays attributable to delays in approval by the City for plan or
specification changes deemed necessary by the County Engineer or staff. The amount of
participation by the City in any such claims shall be commensurate with the percentage of delay
directly attributable to its actions.
IV
The City agrees to grant right of way to the County over those lands owned by the City
that are a part of the required right of way for said Project. Said right of way shall be granted at
no cost to the County.
In the event that additional right of way is needed during construction, the County or its
agents will acquire all additional right of way, permits and/or easements required for the
construction of said Project. The City shall reimburse the County for fifty (50) percent of the
final cost of all additional right of way, permits and/or easements required for the construction of
said Project, plus all costs incurred by the County in acquiring said right of way, permits and/or
easements.
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Agreement No. PW 62 -02 -02
• CSAH 152, C.P. 0017
The right of way costs incurred as described herein shall include all acquisition costs
including, but not limited to, any and all damages occurring to any person or persons, including
private utilities, in relocating or removing or adjusting main conduits or other structures located
in or upon the land taken and within the present right of way; or damage in procuring such right
of way, whether such damage is caused by the County or the City in the performance of such
contract with respect to the improvement of CSAH 152 as shown on the plans for said Project.
Damages, as used in this section, pertains to acquisition costs allowed by Minnesota
Statute Chapter 117 and does not abrogate the meaning of the language set forth in Section XVII
of this Agreement.
V
The City shall reimburse the County for its share (50 %) in the construction cost of the
contract work for said Project. The total final construction cost shall be apportioned as set forth
in.the Cost Participation Summary as shown in Exhibit "A" attached hereto and by this reference
made a part hereof. It is further agreed that said summary is an estimate of the construction cost
for the contract work on said Project and that the unit prices set forth in the contract with the
successful bidder and the final quantities as measured by the County Engineer shall govern in
computing the total final construction cost for apportioning the cost of said Project according to
the provisions of this paragraph. The estimated cost for the contract construction work to be
• performed under said Project is One Hundred Fifty Three Thousand Two Hundred Sixty Five
Dollars and Forty Four Cents ($153,265.44).
VI
In addition to the City's proportionate share of the contract construction cost, the City also
agrees to pay to the County a sum equal to eighteen (18) percent of fifty (50) percent of the total
final contract construction cost for the Project. It is understood that said additional payment by
the City is its proportionate share of all engineering costs incurred by the County in connection
with the work performed for said Project.
VII
The County will supply the traffic signal cabinets, controllers and control equipment,
(County Supplied Equipment) for the traffic control signal systems installed for said Project.
Therefore, in addition to the aforesaid proportionate shares of contract construction and
engineering costs the City also agrees to reimburse the County for fifty (50) percent of the costs
of the County Supplied Equipment. An estimate of the City's share of County Supplied
Equipment is incorporated into Exhibit "A ". It is further agreed that said estimate of the costs of
County Supplied Equipment is an estimate and that the actual costs of equipment as determined
by the County Engineer shall govern in computing the total final apportionment of cost
participation by the City in the County Supplied Equipment. The estimated cost of County
• supplied equipment is Seventeen Thousand Five Hundred Dollars and No Cents ($17,500.00) for
-3-
Agreement No. PW 62 -02 -02
CSAH 152, C.P. 0017
• a total estimated Project construction cost of One Hundred Seventy housand Seven Hundred
ed
Sixty Five Dollars and Forty Four Cents ($170,765.44).
The County will invoice the City separately for said County Supplied Equipment.
Payment shall be made to the County by City for the full amount due on said invoice within forty
five (45) days of the invoice date.
VIII
After an award by the County to the successful bidder, the County shall invoice the City
and the City shall deposit with the Hennepin County Treasurer, ninety five (95) percent of the
estimated City share in the contract construction and engineering costs for said Project. Payment
shall be made to the County by the City for the full amount due stated on the invoice within forty
five (45) days of the invoice date. Said estimated City share shall be based on actual contract
unit prices for estimated quantities shown in the plans.
In the event the County Engineer or his staff determines the need to amend the contract
with a supplemental agreement or change order which results in an increase in the contract
amount, the City hereby agrees to remit within forty five (45) days of notification by the County
of said change an amount equal to ninety five (95) percent of the estimated City share as
documented in the supplemental agreement or change order.
• The remainder of the City's share in the engineerin g and contract construction costs,
including additional costs resulting from supplemental agreements and change orders, is due the
County upon completion of the Project and submittal to the City of the County Engineer's Final
Estimate for the Project.
Upon final payment to the Contractor by the County, any amount remaining as a balance
in the deposit account will be returned to the City; likewise any amount due the County by the
City upon final payment by the County shall be paid by the City as its final payment for the
construction and engineering cost of this Project.
All payments to the County must be postmarked by the date due or a late penalty of one
(1) percent per month, or fraction thereof, on the unpaid balance will be charged to the City. The
City shall pay the amount due as stated on the invoice, notwithstanding any dispute of such
amount. Should a disputed amount be resolved in favor of the City, the County shall reimburse
the disputed amount plus daily interest thereon calculated from the date such disputed amount
was received by the County. Daily interest shall be at the rate of one (1) percent per month on
the disputed amount.
IX
The County Engineer will prepare weekly progress reports as provided in the
specifications. A copy of these reports will be furnished to the City upon request.
•
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Agreement No. PW 62 -02 -02
• CSAH 152, C.P. 0017
X
All records kept by the City and the County with respect to this Project shall be subject to
examination by the representatives of each party hereto.
XI
It is agreed that the City shall, at no cost to the County, remove and replace all City owned
signs that are within the construction limits of this Project. Removal and replacement operations
shall be coordinated with the construction activities through the County's Project Engineer.
XII
The City agrees that any municipal license required to perform electrical work within the
City shall be issued to the Contractor or the County at no cost to the Contractor or the County.
Electrical inspection fees shall not be more than those established by the State Board of
Electricity in the most recently recorded Electrical Inspection Fee Schedule.
XIII
The City shall perpetuate the existence of an adequate three wire, 120/240 volt, single
• phase, alternating current electrical power connection to the traffic control signals and integral
street lights included in the Project at the sole cost and expense of the City. Further, the City shall
provide the electrical energy for the operation of the said traffic control signals and integral street
lights at its sole cost and expense.
XIV
The City shall not revise by addition or deletion, nor alter or adjust any component, part,
sequence, or timing of the aforesaid traffic control signals, however, nothing herein shall prohibit
prompt, prudent action by properly constituted authorities in situations where a part of such
traffic control signals may be directly involved in an emergency.
XV `
Upon completion of this Project, the County shall thereafter maintain and repair said
traffic control signal systems installed as apart of said Project, including all components of the
Emergency Vehicle Preemption (EVP) System, all at the sole cost and expense of the County.
Further, the County, at its expense, shall maintain 110 volt power to the line side of the fuse in
the base of the signal poles for the integral street lights. The City, at its expense, shall maintain
the fuse, the luminaire and the wire to the load side of the fuse in the base of the signal poles.
The EVP Systems provided for herein shall be installed, operated, maintained or removed
• in accordance with the following conditions and requirements:
-5- \% "L
Agreement No. PW 62 -02 -02
CSAH 152, C.P. 0017
•
1. Emitter units may be installed and used only on vehicles responding to an emergency as
defined in Minnesota Statutes Chapter 169.0 1, Subdivision 5 and 169.03. The City will
provide the County Engineer or his designated representative a list of all such vehicles
with emitter units.
2. Malfunctions of EVP Systems shall be reported to the County immediately.
3. In the event said EVP Systems or components are, in the option of the County, being
misused or the conditions set forth herein are violated, and such misuse or violation
continues after receipt by the City of written notice thereof from the County, the County
shall remove the EVP System. Upon removal of the EVP Systems pursuant to this
paragraph, the field wiring, cabinet wiring, detector receivers, infrared detector heads,
indicator lamps and all other components shall become the property of the County.
4. All timing of said EVP Systems shall be determined by the County.
XVI
Each party agrees that it will be responsible for its own acts and the results thereof, to the
extent authorized by the law, and shall not be responsible for the acts of the other party and the
results thereof. The County's and the City's liability is governed by the provisions of Minnesota
• Statutes, Chapter 466.
The County and the City each warrant that they are able to comply with the
aforementioned indemnity requirements through an insurance or self - insurance program.
XVII
It is understood and agreed that upon completion of any and all improvements proposed
herein, all street lighting, included in said improvement shall become the property of the City
and all maintenance, restoration, repair, replacement or other work or services required thereafter
shall be performed by the City at no expense to the County.
The City agrees to defend, indemnify and hold harmless the County, its officials, officers,
agents, volunteers and employees, from any liabilities, claims, causes of action, judgments,
damages, losses, costs or expenses, including, reasonable attorneys' fees, resulting directly or
indirectly from any act or omission of the City, its contractors, anyone directly or indirectly
employed by them, and/or anyone for whose acts and/or omissions they may be liable for related
to the ownership, maintenance, existence, restoration, repair or replacement of the afore defined
City owned improvements constructed as part of said Project. The City's liability shall be
governed by the provisions of Minnesota Statutes, Chapter 466 or other applicable law.
•
-6- �tisL
Agreement No. PW 62 -02 -02
CSAH 152, C.P. 0017
•
XVIII
It is further agreed that any and all employees of the City and all other persons engaged by
the City in the performance of any work or services required or provided for herein to be
performed by the City shall not be considered employees of the County, and that any and all
claims that may or might arise under the Workers' Compensation Act or the Minnesota
Economic Security Law on behalf of said employees while so engaged and anyand all claims
made by any third parties as a consequence of any act or omission on the part of said employees
while so engaged on any of the work or services provided to be rendered herein shall in no way
be the obligation or responsibility of the County.
Also, any and all employees of the County and all other persons engaged by the County in
the performance of any work or services required or provided for herein to be performed by the
County shall not be considered employees of the City, and that any and all claims that may or
might arise under the Workers' Compensation Act or the Minnesota Economic Security Law on
behalf of said employees while so engaged and any and all claims made by any third parties as a
consequence of any act or omission on the part of said employees while so engaged on any of the
work or services provided to be rendered herein shall in no way be the obligation or
responsibility of the City.
• XIX
In order to coordinate the services of the County with the activities of the City so as to
accomplish the purposes of this Agreement, the Hennepin County Engineer or a designated
representative shall manage this Agreement on behalf of the County and serve as liaison between
the County and the City.
In order to coordinate the services of the City with the activities of the County so as to
accomplish the purposes of this Agreement, the City's Engineer or a designated representative
shall manage this Agreement on behalf of the City and serve as liaison between the City and the
County.
XX
It is understood and agreed that the entire Agreement between the parties is contained
herein and that this Agreement supersedes all oral agreements and negotiations between the
parties relating to the subject matter hereof. All items referred to in this Agreement are
incorporated or attached and are deemed to be part of this Agreement.
Any alterations, variations, modifications, or waivers of provisions of this Agreement shall
only be valid when they have been reduced to writing as an amendment to this Agreement signed
by the parties hereto.
•
-7-
Agreement No. PW 62 -02 -02
XXI CSAH 152, C.P. 0017
•
The provisions of Minnesota Statutes 181.59 and of any applicable local ordinance relating
to civil rights and discrimination and the Affirmative Action Policy statement of Hennepin
County shall be considered apart of this Agreement as though fully set forth herein.
(this space left intentionally blank)
•
•
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Agreement No. PW 62 -02 -02
CSAH 152, C.P. 0017
•
IN TESTIMONY WHEREOF, The parties hereto have caused this Agreement to be
executed by their respective duly authorized officers as of the day and year first above written.
CITY OF BROOKLYN CENTER
(Seal) By:
Mayor
Date:
And:
Manager
Date:
COUNTY OF HENNEPIN
• ATTEST:
By: By:
Deputy /Clerk of the County Board Chair of its County Board
Date: Date:
And:
APPROVED AS TO Assistant/Deputy /County Administrator
B :Ai.4.tt/1• /'�� Date:
Y
ss'stant County Attorney
And:
Date: �� Id- Assistant County Administrator, Public Works
and County Engineer
Date:
APPROVED AS TO EXECUTION: RECOMMENDED FOR APPROVAL:
By: By:
Assistant County Attorney Director, Transportation Department
• Date: Date:
-9- \kl
EXHIBIT A
COST PARTICIPATION SUMMARY
• HENNEPIN COUNTY PROJECT NO. 0017
C.S.A.H. NO. 152 (BROOKLYN BLVD.) AT 63RD AVE. N.
S.P. NO. 27-752-16
HENNEPIN COUNTY SIGNAL TOTAL COST BROOKLYN CENTER HENNEPIN COUNTY
(50 %) (50 %)
CONSTRUCTION COST $153,265.44 $76,632.72 $76,632.72
ENGINEERING COST 18% $13,793.89
COUNTY SUPPLIED EQUIPMENT $17,500.00 $8,750.00 $8,750.00
GRAND TOTAL $170,765.44 $99,176.61 $85,382.72
•
•
HENNEPIN COUNTY AGREEMENT NO. PW 62 -02 -02
EXHIBIT "A" SHEET 1 OF 1
WL-
City Council Agenda Item No. 7g
• MEMORANDUM
DATE: April 23, 2003
TO: Michael J. McCauley, City Manager
Todd Blomstrom, Director of Public Works
FROM: Scott Brink, Consulting Engineer
SUBJECT: Resolution Accepting Bid and Awarding a Contract, Improvement Project Nos.
2003 -01, 02, 03, and 04, Happy Hollow Street, Storm Drainage, and Utility
Improvements
Bids for Happy Hollow contract were received and opened on April 23, 2003. The bidding
results are tabulated as follows:
Bidder Bid Amount as Submitted Corrected Total
Richard Knutson, Inc. $ 1,321,944.85
Arcon Construction $ 1,354,380.46
Northdale Construction $ 1,393,501.47
• Three Rivers Construction $ 1,447,178.66 $1,447,178.96
Barbarossa & Sons, Inc. $ 1,516,571.60
Dave Perkins Contracting $ 1,594,408.00
Thomas and Sons $ 1,665,031.62
Of the seven (7) bids received, the lowest bid of $1,321,944.85 was submitted by Richard
Knutson, Inc. of Savage, Minnesota. The Engineer's Estimate for the project was $1,783,315.
The low bid is approximately $461,370 below the Engineer's estimate and approximately
$32,435.61 below the next lowest bidder, which is indicative of a competitive bidding
environment.
It should be noted that an Addendum (Addendum No. 1) was issued during the course of the bid
process. The addendum essentially covered very slight cosmetic changes to the proposal form
and two plan sheets, and the lowering of two catch basins by less than 1 —1/2 inches. The
Addendum sent to all contractors was a single page describing the changes, and did not include a
new proposal form or revised drawings. As stated in the Instructions to Bidders in the
specifications, contractors are to acknowledge receipt of addendums on the proposal form.
Richard Knutson Inc. did not acknowledge receipt of Addendum 1 on the proposal form, which
can be considered an irregularity in their submittal. However, Richard Knutson, Inc. did verbally
acknowledge receipt of the addendum at the time it was distributed to all plan holders (April 16).
1
• The Consulting Engineer and City Attorney have reviewed the addendum content in relation to
the bids received and detennined that the items covered in the addendum do not result in any
significant cost changes that would affect the outcome of the bids. In accordance with the
specifications, the City does reserve the right to waive irregularities in any bid. It is therefore
recommended that the irregularity be waived and that a contract be awarded to Richard Knutson,
Inc. Additional language is included in the attached resolution addressing this issue.
Summary
Richard Knutson, Inc. has proven experience in performing all of the requirements included in
this contract and has the resources necessary to complete the project. Staff recommends
acceptance of the low bid and award of the contract to Richard Knutson, Inc.
It is recommended that the City Council approve the attached resolution accepting low bid and
awarding the Happy Hollow contract to Richard Knutson, Inc. in the amount of $1,321,944.85.
•
• 2
is Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT,
IMPROVEMENT PROJECT NOS. 2003 -01, 02, 03, AND 04, HAPPY HOLLOW
STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS
WHEREAS, pursuant to an advertisement for bids for Improvement Project Nos.
2003 -01, 02, 03, and 04, bids were received, opened, and tabulated by the City Clerk and Engineer
on the 23` day of April, 2003. Said bids were as follows:
Bidder Bid Amount
Richard Knutson, Inc. $ 1,321,944.85
Arcon Construction $ 1,354,380.46
Northdale Construction $ 1,393,501.47
Three Rivers Construction $ 1,447,178.96
Barbarossa & Sons, Inc. $ 1,516,571.60
Dave Perkins Contracting $ 1,594,408.00
• Thomas and Sons $ 1,665,031.62
WHEREAS, it appears that Richard Knutson, Inc. is the lowest responsible bidder;
and
WHEREAS, the bid of the lowest responsible bidder did not acknowledge receipt of
Addendum Number 1 on the bid form; and
WHEREAS, the lowest responsible bidder did verbally acknowledge r eceipt o f
addendum at the time of distribution of said addendum; and
WHEREAS, said omission of acknowledgement on the bid form is considered an
irregularity; and
WHEREAS, the City Engineer and C ity A ttorney h ave r eviewed t he p lans a nd
addendum and d etermined that s aid irregularity has no significant effect on the
outcome of bid prices submitted.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that:
• 1. Said irregularity regarding acknowledgement of Addendum as described is
hereby waived.
• RESOLUTION NO.
2. The Mayor and City Manager are hereby authorized and directed to enter into
a contract with Richard Knutson, Inc. of Savage, Minnesota in the name of
the City of Brooklyn Center, for Improvement Proj ect Nos. 2003 -01, 02, 03,
and 04, according to the plans and specifications therefore approved by the
City Council and on file in the office of the City Engineer.
3. The estimated project costs and revenues are as follows:
COSTS Feasibilitv Estimate As Amended Per Low Bid
Contract $1,783,315.00 $1,321,944.85
Contingency (10 %) $ 178,331.15 $132,194.49
Subtotal Construction Cost $1,961,646.15 $1,454,139.33
Admin/Legal /Engr. $ 173,000 $ 130,872.54
• Reforestation $ 20,000 $ 20,000.00
Street Lights $ 50,000 $ 77,450.00
Total Estimated Project Cost $2,204,646.50 $ 1,682,461.88
REVENUES
Street Assessment $237,500.00 $237,500.00
City Open Space /Park (Cap. Proj) $ 25,975.04 $25,975.04
Commercial Assessment $ 58,604.98 $58,604.98
Water Utility Fund $377,671.50 $250,145.00
Sanitary Sewer Utility $418,682.00 $243,735
Stonn Drainage Assessment $ 77,900.00 $77,900.00
Storm Drainage Utility Fund $141,388.98 $110,506
Infrastructure Const. Fund $816,924.00 $600,645.86
Street Light Utility $ 50,000 $77,450.00
Total Estimated Revenue $2,204,646.50 $1,682,461.88
•
•
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
• Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION EXPRESSING APPRECIATION FOR THE GIFTS OF THE BROOKLYN
CENTER FIRE DEPARTMENT RELIEF ASSOCIATION IN SUPPORT OF AFTER-
SCHOOL PROGRAMS AND THE ADOPT- A- PARK/TRAIL /STREET PROGRAM
WHEREAS, the Brooklyn Center Fire Department Relief Association has presented
to the City donations of one thousand dollars ($1,000) designated it be used to support After - School
Programs; and
WHEREAS, a donation of two hundred dollars ($200) designated to be used, to
support the Adopt- a- Park/Trail /Street Program; and
WHEREAS, the City Council is appreciative of the donations and commends the
Brooklyn Center Fire Department Relief Association for its civic efforts.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota that:
• 1. Acknowledges the donations with gratitude.
2. Appropriates the donations to the corresponding activity budget.
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 Millennium Community
•
MEMORANDUM
DATE: 4/16/2003
TO: Michael J. McCauley, City Manager
FROM: Jim Glasoe, Director of Community Activities, Recreation and Services'
SUBJECT: Resolution Expressing Appreciation For The Gift Of The Brooklyn Cente Fire
Department Relief Association In Support Of After - School Programs
The Brooklyn Center Fire Department Relief Association has presented to the City a donation
of one thousand dollars ($1,000.00.) They have designated that it be used to support After- -
School Programs
Staff recommends acceptance of the donation and asks that it be coded to the corresponding
activity budget.
•
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
. MEMORANDUM
DATE: April 23, 2003
TO: Michael J. McCauley, City Manager
FROM: Joyce Gulseth, Public Works Administrative Aide
SUBJECT: Resolution Expressing Appreciation for the Gift of the Brooklyn Center Fire
Department Relief Association in Support of the Adopt- A- Park/Trail /Street
Program
The Brooklyn Center Fire Relief Association has presented the City a donation of two hundred
dollars ($200) in support of the Adopt- A- Park/Trail /Street program so we may continue to
provide vests, trash bags, and gloves for volunteers to use as they provide services to the
community. With the volunteer efforts of thirty -seven groups or individuals, maintenance crews
can devote more time and effort to other important park projects.
•
•
City Council Agenda Item No. 8b
PROCLAMATION
DECLARING MAY 11-17,2003, AS POLICE WEEK
WHEREAS, the Congress and President of the United States of America have
g designated May 15
as Peace Officers' Memorial Day and the week in which May 15 falls as National
Police Week; and
WHEREAS, Police Officers protect and preserve life and property against crime and take personal
risks in dealing with those who would threaten the peace of our community; and
WHEREAS Police Officers provide a vital public service; and
WHEREAS, it is highly appropriate that the services provided by Police Officers be recognized and
appreciated.
NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of
Minnesota, with the consent and support of the Brooklyn Center City Council, do hereby proclaim
the week. of May 11 -17, 2003, as Police Week and that our Community joins with other cities to
honor all Police Officers everywhere and call upon our citizens to recognize the dedicated public
service of the Police Officers of Brooklyn Center.
•
Date Mayor
ATTEST:
City Clerk
•
City Council Agenda Item No. 8c
City of Brooklyn Center
A Millennium Community
MEMORANDUM
TO: Mayor Kragness, Councilmembers C dy, Lasman, Niesen, and Peppe
FROM: Michael J. McCau
DATE: April 23, 2003
SUBJECT: Housing Bond Procedures Policy
Attached please find a revised Housing Bond Procedures Policy drafted by the City Attorney. Into
that draft by Mr. LeFevere, I have inserted the City's current application fee policy amount. This is
the revision of the Housing Bond Procedures that were discussed with the City Council several
meetings ago in response to the Council's directive to review this matter. If the policy appears to be
in satisfactory form, the requested City Council action would be adoption of this policy. As was
discussed at the City Council meeting, experience with this policy may suggest subsequent revisions
or additions to this policy based on actual implementation of it. However, the policy addresses the
• concerns previously identified by the City Council with respect to developing a mechanism to
maximize the likelihood that a project's purposes will be fulfilled after the City has assisted through
the issuance of housing revenue bonds.
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
• Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION ADOPTING HOUSING BOND POLICY AND PROCEDURES
WHEREAS, attached hereto and incorporated here and by reference is Exhibit A, a
proposed housing bond policy and procedures; and
WHEREAS, the City Council wishes to have a uniform policy and procedure to
ensure insofar as is practical able, that entities receiving housing revenue bonds issued through or
with the assistance with the City of Brooklyn Center, including tax credits, maintain and operate
housing properties receiving such assistance in accordance with the representations made to induce
the City to participate in the issuance of housing bonds or approval of tax credit; and
WHEREAS, the proposed housing bond policy and procedures appears to be
reasonable and proper and will be reviewed by the City Council from time to time to review its
efficacy and application.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that the Housing Bond Policy and Procedures as set forth in Exhibit A be and
• hereby are approved and adopted effective immediately.
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
• Exhibit A
BROOKLYN CENTER
HOUSING BOND POLICY & PROCEDURES
I. Application
A. Applicant will submit a written application that acknowledges that the City has, and
reserves, the right to decline to issue bonds or other assistance at any time, in the
absolute and sole discretion of the City Council.
B. Applicant will pay non - refundable application fee of $5,000 for bond request of
$5,000,000 or more and $3,000 for bond requests less than $5,000,000 to cover City
costs in processing and considering the application. If such funds are exhausted, the
City may decline to proceed with consideration of the application until additional
funds are paid to cover additional City expenses.
• C. Applicants will identify all significant investors and principals (more than 5%
ownership interest, officers, partners, etc.). Applicants will identify, as to the
applicant, and all significant investors and principals:
1. All housing developments in which such person has, or has had, an interest.
2. For each such development, provide the address of the development and the
name, address and telephone number of the chief appointed executive or
P pP
administrative officer of the municipality in which the development is
located.
3. For each such development, whether any criminal citations, charges or
complaints were issued, whether or not they resulted in convictions, against
I
any owners or managers for violations of building, housing maintenance,
rental licensing or similar laws, rules or regulations during the period in
which the individual had an ownership interest. For each such citation,
charge or complaint indicate the jurisdiction, date or dates of the alleged
•
offense and final resolution.
CLL- 229205vl 1
BR291 -236
• Exhibit A
4. For each such development, whether the local licensing authority ever
revoked, suspended or declined to a renew rental license; served notice of
intent to revoke, suspend not renew a license; or conducted a hearing on
specified charges, complaints or violations of building, housing maintenance
or rental licensing laws, rules or regulations that could have resulted in
revocation, suspension or non - renewal of a license during the period in
which the individual had an ownership interest. For each such instance
indicate the jurisdiction, date or dates of the incident and final resolution.
D. Applicant will identify managers or proposed managers of the facility and, as to each
manager or proposed manager and the officers, significant investors and principals
of the manager, provide the same information identified in I. C.
• E. Applicant will provide detailed information on the sources and uses of funds
received in connection with the financing or refinancing.
F. For existing facilities applicant will present a detailed survey of the facility prepared
by qualified professionals, including but not limited to: structural conditions;
condition of roof, doors, windows and any other potential points of infiltration of air
or water; mold; building exterior; life /safety systems and equipment; plumbing and
HVAC systems; and unit interiors.
G. Applicant will submit a detailed building maintenance, repair and replacement
program and schedule including a description of sources of funds or financing
available to pay for such program. For existing facilities the program will describe
when and how all deficiencies identified in the building survey will be addressed.
•
CLL- 229205v1 2
BR291 -236
• Exhibit A
H. Applicant will describe all plans to provide security, maintain habitability and avoid
crime (the Security and Crime -Free Housing Plan). Such plan could include tenant
screening procedures and policies, tenant rules and regulations, lease terms, physical
building security, on -site management, etc.
II. Contract Terms
A. Covenants on use of funds, maintenance, compliance with laws and liability will be
enforceable by the City as well as the Trustee.
B. Applicant will pay the City attorney's and consultant's fees and costs for all
litigation or administrative actions to enforce covenants.
C. Applicant will provide and maintain an irrevocable letter of credit, in an amount
• specified by the City, that the City may draw upon if applicant fails to pay City's
fees and costs. The letter of credit may also be drawn upon for payment of
liquidated damages for false, incomplete or misleading statements in the application.
D. Applicant will comply with representation about the use of funds secured by the
financing or refinancing. The applicant will provide evidence of such expenditure of
funds and books and records of the applicant will be available for inspection by the
City or its authorized representatives. Funds remaining after all work identified as
work to be accomplished with the proceeds of the financing or refinancing, will be
deposited in a building maintenance fund.
E. Applicant will comply with the maintenance repair and replacement r
pP p Y p p program
approved as a part of the application process and provide quarterly reports with such
detail as is requested by the City to verify compliance.
•
CLL- 229205v1 3
BR291 -236
• Exhibit A
F. Applicant will comply with the Security and Crime -Free Housing Plan approved as
a part of the application process and provides quarterly reports with such detail as is
requested by the City to verify compliance.
G. Applicant will comply with all federal, state and local laws, regulations, and
ordinances relating to licensing, housing maintenance, building and fire codes or
habitability.
H. The applicant may not transfer the facility or change managers without City consent.
The City will not be required to consider approval of a transfer of ownership or
change of manager until all information on the transferee or new manager that is
required by this policy for the initial applicant or manager has been provided to the
City and the City has had adequate time to review such information and investigate
the background of the proposed transferee or new manager.
•
I. Failure to comply with these requirements is an event of default and City, as well as
the Trustee, may exercise appropriate remedies for default under the bond
documents.
III. Waiver
The City may waive or modify any of the requirements of these Procedures in its absolute
and sole discretion if it determines that the public interest is adequately protected without
full compliance with these Procedures. In deciding whether to waive or modify procedures
the City may consider such factors as: whether the bonds are an initial issue or refunding
bonds, the past experience of the City with the applicant, the condition of the facility, and
the proposed use of bond proceeds.
• CLLaez
CLL- 229205v1 q
BR291 -236
Michael McCauley - Hous bond policy Pa 'e 1
• From: "LeFevere, Charlie L." <clefevere@ Ken nedy-Graven. com >
To: "Mike Mccauley (E- mail)" <mmccauley @ci.brooklyn- center.mn.us>
Date: 4/23/03 9:31 AM
Subject: Housing bond policy
Mike,
Attached is a revised draft Housing Bond Policy. The only substantive
changes form the previous draft are in section 11.1 and the addition of part
III. The amount of the application fee is blank. The application fee
charged by Brooklyn Center for private activity bonds might give us a
starting point in deciding what this fee should be.
<<#229205 v1.doc>>
Charlie
CC: 'Brad Hoffman (E- mail)" < bhoffman @ci.brooklyn - center.mn.us>
•
•
Member Dave Rosene introduced the following resolution and
moved its adoption:
• RESOLUTION NO 94 -177
RESOLUTION ESTABLISHING A FEE POLICY FOR THE ISSUANCE OF
TAX EXEMPT HOUSING REVENUE BONDS
WHEREAS, the City of Brooklyn Center receives requests from private parties
for authorization to issue tax exempt housing revenue bonds for the construction or acquisition
and rehabilitation of multi- family housing properties; and
WHEREAS, the City will agree to the _issuance of such bonds to the extent that
the proposed project is consistent and furthers the goals and objectives of Brooklyn Center; and
WHEREAS, the City recognizes that the issuance of tax exempt bonds has a real
cost to the City and it is the intent of the City to offset such costs.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that the following fee policy is adopted and will be charged to all applicants
for consideration of an issuance request:
1. An application fee of $5,000 will be charged for all tax exempt bond requests in
excess of $5,000,000.
• 2. An application fee of $3,000 will be charged for all tax exempt bond requests less
than $5,000,000.
3. An annual fee of 1/8 of one point will be charged against the outstanding
principal balance for the term of the bond issue.
August 22, 1994
Date Todd Paulson, Mayor
ATTEST:
Deputy Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
Barb Kalligher and upon vote being taken thereon the following voted in
Po g � S
favor thereof:
Todd Paulson, Celia Scott, Dave Rosene, Barb Kalligher, and Kristen Mann;
and the following voted against the same: % none,
whereupon said resolution was declared duly passed and adopted.
•
•
City Council Agenda Item No. 8d
City of Brooklyn Center
A Millennium Community
•
MEMORANDUM
TO: Mayor Kragness, Councilmembers ody, Lasman, Niesen, and Peppe
FROM: Michael J. McCauley
DATE: April 23, 2003
SUBJECT: Department of Natural Resources - Middle Twin Lakes Shoreline Restoration Project
Grant
The Shingle Creek Watershed Management Commission has applied for a grant from the
Department of Natural Resources (DNR) to install a rain garden and native plantings along the
shoreline of Twin Lake Park. This application was submitted without my knowledge or Mr.
Glasoe's. In reviewing the proposed project, it would not be consistent with the Capital
Improvement Plan (CIP) adopted for 2002 -2006 as developed through Park and Recreation
Commission meetings and surveys. As indicated in the attached memorandum from Mr. Glasoe,
• residents were surveyed about the possibility of removing beach shoreline and placing native
vegetation along the shoreline. There was a split of opinion on that proposal and the neighborhood
meeting was clearly against that concept. Hence the recommendation for the 2002 -2006 CIP did not
include what is being proposed in the DNR's grant sought by the Shingle Creek Watershed
Management Commission.
Additionally, the proposed grant would impose substantial and potentially costly obligations on the
City of Brooklyn Center to water the plantings for up to two years and to remove invasive species.
Both of these items would be labor intensive. In any event, the item is placed on the City Council
agenda with a recommendation to reject the proposed Middle Twin Lake Shoreline Restoration
Project. I have also been informed by Mr. Glasoe that apparently an employee of the engineering
firm working for the Shingle Creek Watershed Commission may have already begun
communications with residents about this proposed project. Thus, we may need to provide some
communication to residents to clarify the situation should the Council concur in the recommendation
to reject this proposed agreement. In our current budget situation, the Park and Recreation
Commission is evaluating the elimination and rescheduling of planned capital improvements. We
are also looking at ways to reduce, rather than to increase our maintenance costs and responsibilities.
This unsolicited grant does not comport with the process that we used with the residents in
establishing their expectations for what would happen at Twin Lake Park, imposes unacceptable
responsibilities and costs upon the City, and would not be appropriate for the City to enter into.
•
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
• A Millennium Community
MEMORANDUM
DATE: April 22, 2003
TO: Michael J. McCauley, City Manager
FROM: Jim Glasoe, Director of Community Activities, Recreation and Services
SUBJECT: Twin Lake Park- Shoreline Improvements
Per your request, I have investigated the history of proposed shoreline improvements at Twin
Lake Park. Although the Parks and Recreation Commission discussed potential improvements at
Twin Lake Park on many occasions, I have only included those that dealt with beach
improvements.
At their April 16, 2001 meeting, the Parks and Recreation Commission discussed potential
. improvements to Twin Lake Park. A portion of that discussion included potential beach
improvements. At that same meeting, the Commission recommended that staff send a survey to
neighborhood residents soliciting feedback on the Twin Lake Park improvements. In addition to
the survey, Commission consensus was that a meeting with residents regarding the improvements
should be scheduled for early June.
In an April 18, 2001 memorandum to you, Public Works Director Diane Spector outlined
proposed improvements to Twin Lake Park. The memorandum indicates that the "beach" area at
Twin Lake Park has been an ongoing maintenance problem, and suggests that some or all of it
should be replaced with some type of shore edge, such as native vegetation, lake wall or rip rap.
Ms. Spector continues "the cost of beach improvements cannot be determined until there is
agreement on the particular improvements to be constructed."
In a May 31, 2001 letter to residents, Public Works Director Spector provided information on the
proposed improvements to Twin Lake Park. In the letter, Ms. Spector indicates that a shoreline
improvement is one of the items that "need additional discussion and input before a final
determination is made."
In the accompanying survey, a question regarding the beach improvements reads; "It is proposed
to eliminate most of the beach, leaving a small area for water access and sand play. The water's
edge would be either landscaped with native plants or hard- edged." The survey then asks for
comments regarding the proposal and preference of materials. The survey results were almost
P-y enl_ l crlit hPtSwPPn the t vn nntinnc nr 1Pavinu the bPac li "a ;c "
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
i
• At the June 13, 2001 Parks and Recreation meeting, held at Twin Lake Park, the attached
meeting minutes indicate that most residents in attendance did not support a significant reduction
in the size of the swimming area. As such, native plantings or other shoreline improvements
were not included in the 2002 -2006 Capital Improvements Plan, or the subsequent improvements
to the park.
As always, please let me know if you have any questions, or would like additional information.
R
•
•
• MINUTES OF THE PROCEEDINGS OF THE PARKS AND RECREATION COMMISSION
FOR THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE
STATE OF MINNESOTA
REGULAR SESSION
JUNE 13, 2001
TWIN LAKE PARK
CALL TO ORDER
Chairperson Sorenson called the meeting to order at 6:30 p.m.
ROLL CALL
Chair Sorenson, Commissioners Ebert, Mead, Peterson, Russell, Shin-nick and Theiswere
present. Commissioner Theis was absent. Also present were, City Council members Kay
Lasman and Tim Ricker, Public Works Director Diane Spector, and Community Activities,
Recreation and Services Director Jim Glasoe
APPROVAL OF MINUTES - May 15, 2001
Commissioner Mead noted that the minutes showed him both absent and as attending. He
noted that he was in attendance at the meeting.
Commissioner Russell made a motion, seconded by Commissioner Shinnick to approve May
• 15, 2001 minutes of the Parks and Recreation Commission as amended. The motion passed
unanimously.
INTRODUCTION
Chair Sorenson introduced members of the Commission present, the City Council members
and also staff members. Chair Sorenson then asked each of the residents to introduce
themselves.
Following the introductions, Chair Sorenson shared the format for the meeting.
COUNCIL LIAISON REPORT
Council member Ricker introduced himself and asked if the residents had any questions
regarding any city projects and /or initiatives that he could answer.
A resident had a list of six questions that he wanted addressed at the meeting. The questions
were:
Was the park being improved as a neighborhood park, or to serve the larger community?
What was the size of the proposed parking lot?
Would on- street parking be prohibited?
Would boat trailer parking be prohibited?
He noted that a vacant parcel of land was available at the end of Twin Lake Boulevard and
• was asking if the City was considering purchasing the lot for boat trailers?
Why was the ball field being removed?
Council member Ricker deferred to Public Works Director Spector who addressed the
• questions.
Commissioner Theis arrived at 6:50 p.m.
Ms. Spector indicated that the Parks and Recreation Commission had discussed the question of
park type at length and felt that the park should be developed as a neighborhood park.
Ms. Spector indicated that the proposed parking lot size was 8 -10 vehicles, with no boat trailer
parking. Ms. Spector responded that on- street parking, including boat trailer parking, would
continue to be prohibited.
Ms. Spector noted that the vacant lot at the end of Twin Lake Blvd. was for sale at "market
rate" and may prove to be too expensive to consider as an option for trailer parking.
Ms. Spector indicated that the ball field was being removed as much of it was on MnDOT
right -of -way that was being reclaimed as part of the Highway 100 improvements.
After addressing the questions, Ms Spector provided a summary of the proposed improvements
and some background on the Highway 100 work that would impact the park.
The proposed improvements included:
Replacement of the playground equipment
• Replacement of the shelter building with a picnic shelter
Slightly enlarged parking lot with 8 -10 spaces
Removal of the ball field
Improvements to the shoreline
Consideration of a fishing pier
After considerable discussion, consensus was sought regarding a number of the proposed
improvements to the park.
Most residents in attendance opposed boat trailer parking on- street or at the park, a fishing
pier, horseshoe pits and a significant reduction in the size of the swimming beach.
Most residents in attendance supported the replacement of the playground equipment,
increasing the size of the parking area to 8 -10 spaces, replacement of the shelter building with
a picnic shelter, rehabilitation of the basketball court and additional scheduled park
maintenance.
AFTERSCHOOL ENRICHMENT GRANT GRIEVANCE
CARS Director Glasoe reminded the Commission of their motion last meeting to allow
Sandburg Middle School to submit an application prior to June 1, 2001 to fund only the
September through December 31, 2001 portion of the A.M. Hoops Program.
• Mr. Glasoe indicated that, to date, none of the requested information had been received from
Sandburg. After additional discussion, Commissioner Russell made a motion that all funds
allocated to Sandburg Middle School as part of the After School Enrichment Grant Program be
• redistributed to other programs. The motion was seconded by Commissioner Shinnick and
passed unanimously.
SET MEETING DATE
A motion was made by Commissioner Peterson to not hold Commission meetings in July and
August. The motion was seconded by Commissioner Russell. Chair Sorenson noted that the
2002 budget development process that included the Twin Lake Park improvements would need"
to be developed during the Summer. CARS Director Glasoe indicated that he could call a
special meeting of the Commission should the need arise. The motion failed unanimously
A motion was made by Commissioner Peterson to not schedule Commission meetings in July
and August unless the need should arise. The motion was seconded by Commissioner Russell
and passed unanimously.
The next regularly scheduled meeting of the Parks and Recreation Commission was set for
September 18 at 7:00 p.m. at Conference Room A of City Hall.
MEETING ADJOURNED
Commissioner Peterson made a motion, seconded by Commissioner Russell, to adjourn the
meeting at 8:13 p.m. The motion passed unanimously.
•
•
t"ityof
• MEMORANDUM BROOKLYN
CENTER
DATE: April 17, 2003
TO: Jim Glasoe, Director of Community Activities, Recreation & Services
FROM: Todd Blomstrom, Director of Public Works r,45
SUBJECT: Middle Twin Lake Shoreline Restoration Project
The Shingle Creek Watershed Management Commission has submitted the attached information
to request approval of the Middle Twin Lake Shoreline Restoration Project. The Watershed is
proposing to install a rain garden and native plantings along the shoreline within Twin Lake
Park.
The Watershed is requesting in -kind contributions from the City of Brooklyn Center for the
project. The requested City contributions include:
• Conversion of approximately 0.5 acres of the park into a native planting area
• Coordination work to obtain volunteers for plant installation
• Turf removal, site grading, and preparation of planting areas
• Delivery and installation of plastic safety fence and temporary upland fence
• Delivery and installation of shredded wood mulch
• Temporary storage of plant materials
• Installation of wavebreak material
Also included is a Shoreline Habitat Landowner Agreement. The Minnesota Department of
Natural Resources would require the Watershed and the City of Brooklyn Center to enter into the .
agreement as a condition of the DNR grant for the project. The agreement would require the
City to assume responsibility for maintaining the project for a period of ten (10) years to ensure
that the conservation objective of the project is met.
The Public Works Department may not have adequate staff or resources available if a significant
amount of long -term maintenance work is required to meet the requirements of the agreement.
The Watershed has requested that the City review the plans for the proposed improvements to
determine if the project is acceptable. Ed Matthiesen at Wenck Associates is the Watershed
contact for the project. He can provide assistance if you have questions or need additional
information.
•
& \Depts \Public Works\ Administration \Management \TBlomstrom \Twin Lake4- 17- 03.doc
Exhibit C: Shoreline Habitat Landowner Agreement
Landowner: Citv of Brooklvn Center
(Name, address, telephone Michael J. McCauley. Citv Manager
• and email) 6301 Shingle Creek Parkwav
Brooklvn Center. MN 55430
mmccaulev(a center. mn.us
Project Shingle Creek Watershed Management Commission
Cooperator: Ed Matthiesen. Consulting Engineer
(Name, address, telephone 1800 Pioneer Creek Ctr.
and email) Maple Plain, MN 55359
(763) 479 -4200
emattheisen(a ,wenck. com
Location (County): Hennepin
This agreement dated March 25 , 2003 between the Minnesota Department of Natural Resources (DNR), Division of
Fisheries and the Citv of Brooklvn Center (Landowner), and the Shingle Creek Watershed Manaeement
Commission (Project Cooperator) is entered into in order to establish native vegetation along shorelines for the purposes
of creating a buffer zone and improving fish and wildlife habitat. Through this Agreement, Landowner will permit the
DNR and th e Project P ro ect Coo erator to undertake certain shoreline habitat restoration activities.
This Agreement covers lands in T 118 N , R 24.21 W. S. 9.10 adjacent and within the following watercourse
T win Lake (DOW 27-42 ) . as specified in the project proposal. The term of this Agreement shall be ten (10) years,
from June 1 . 2003 to June 1 , 2013.
The Landowner is responsible for maintainin g the project ro'ect fora P ( period of ten 10 ears to ensure that the conservation
)Y
objective of this practice is met. Minimum maintenance includes watering when needed during the first year or two and
• removing invasive and exotic species that encroach on the project.
The Landowner agrees to the terms of installation, maintenance and monitoring outlined in the approved project
proposal.
The Landowner agrees to allow the DNR (and the Project Cooperator) access to the project area for construction,
maintenance, evaluation and promotion of the project. The Landowner agrees to make the site available as a
demonstration site to the general public.
The Landowner or the Project Cooperator shall secure all necessary perntits for the project.
The Landowner will forego the use of fertilizer in the buffer zone created by the project.
The Landowner will forego the chemical control of aquatic plants except for the purposes of controlling algae (which still
requires a permit from the DNR's Division of Fisheries).
The DNR assumes no liability for injury or damage, other than that caused by it's own negligence, in the project area.
The DNR assumes no jurisdiction over the project area for purposes of controlling trespass, noxious weeds, granting
rights -of -way, or other incidents of ownership.
This Agreement will be canceled upon transfer of the property to another owner during this period. This Agreement may
be amended by mutual consent of the DNR and the Landowner. The DNR shall have no obligation to restore the land to
its original condition upon expiration or termination of this Agreement.
Mike Halverson Date Landowner, Date
• Habitat and Development Consultant, DNR- Fisheries
57 //j�� --rte / --� — 0--� Title
Project Cooperator Date
Title '
Exhibit C: Shoreline Habitat Landowner Agreement
Landowner: Citv of Brooklvn Center
(Name, address, telephone Michael J. McCauley. Citv Manaeer
• and email) 6301 Shingle Creek Parkwav
Brooklvn Center, MN 55430
mmccaulev(@,ci.brooklvn- center.mn.us
Project Shinele Creek Watershed Manaeement Commission
Cooperator: Ed Matthiesen, Consultint_ Ene_ ineer
(Name, address, telephone 1800 Pioneer Creek Ctr.
and email) Manle Plain. MN 55359
(763) 479 -4200
emattheisen(a ),,wenck. com
Location (County): Hennepin
This agreement dated March 25 , 2003 between the Minnesota Department of Natural Resources (DNR), Division of
Fisheries and the Citv of Brooklvn Center (Landowner), and the Shingle Creek Watershed Management
Commission (Project Cooperator) is entered into in order to establish native vegetation along shorelines for the purposes
of creating a buffer zone and improving fish and wildlife habitat. Through this Agreement, Landowner will permit the
DNR and the Project Cooperator to undertake certain shoreline habitat restoration activities.
This Agreement covers lands in T 118 N , R 24.21 W. S. 9,10 adjacent and within the following watercourse
Twin Lake (DOW 27 -42 ) . as specified in the project proposal. The term of this Agreement shall be ten (10) years,
from June 1 , 2003 to June 1 . 2013.
The Landowner is responsible for maintaining the project for a period of ten (10) years to ensure that the conservation
objective of this practice is met. Minimum maintenance includes watering when needed during the first year or two and
• removing invasive and exotic species that encroach on the project.
The Landowner agrees to the terms of installation, maintenance and monitoring outlined in the approved project
proposal.
The Landowner agrees to allow the DNR (and the Project Cooperator) access to the project area for construction,
maintenance, evaluation and promotion of the project. The Landowner agrees to make the site available as a
demonstration site to the general public.
The Landowner or the Project Cooperator shall secure all necessary permits for the project.
The Landowner will forego the use of fertilizer in the buffer zone created by the project.
The Landowner will forego the chemical control of aquatic plants except for the purposes of controlling algae (which still
requires a permit from the DNR's Division of Fisheries).
The DNR assumes no liability for injury or damage, other than that caused by it's own negligence, in the project area.
The DNR assumes no jurisdiction over the project area for purposes of controlling trespass, noxious weeds, granting
rights -of -way, or other incidents of ownership.
This Agreement will be canceled upon transfer of the property to another owner during this period. This Agreement may
be amended by mutual consent of the DNR and the Landowner. The DNR shall have no obligation to restore the land to
its original condition upon expiration or termination of this Agreement.
Mike Halverson Date Landowner, Date
• Habitat and Development Consultant, DNR- Fisheries
� Title
Project Cooperator Date
Title /
•
February 14, 2003
Neil J. Vanderbosch
Natural Resources Specialist - Fisheries
Minnesota Department of Natural Resources
1200 Warner Rd
St. Paul, MN 55106
RE: Middle Twin Lake Shoreline Restoration Project
Shingle Creek Watershed Management Commission
Dear Neil:
Thanks for the exciting news that the Twin Lake Shoreline Restoration Project has been selected
for funding. Enclosed please find the more detailed information you requested.
1. A revised project layout. In reviewing the project design and budget we thought it would
be more effective at this time to add a rain garden in the drainage swale south of the
• picnic shelter and postpone the plantings on the east side of the trail (adjacent to the
planned Mn/DOT wetland mitigation/detention pond area) to a second phase. We believe
planting in that area would best be coordinated with plantings following construction of
the wetland mitigation and stormwater pond. We will work with the City of Brooklyn
Center and Mn/DOT's TH 100 project manager to accomplish this second phase
independent of the Shoreline Restoration project.
2. A revised project budget. This is based on the more detailed construction budget and
plant list. At this time we estimate the cash expense to be about $12,300 ($10,000 grant
and $2,300 from the Commission) and the in -kind labor $6,775.
3. A more detailed project schedule. The Commission has a regular meeting March 13 at
which it could authorize execution of the grant agreement, or April 10 if March 13 is not
attainable. We would also propose a meeting of all the partners the second week of
March.
4. Detailed cost estimate.,
5. A plant list. Please note that one of the goals of this project was to educate lakeshore
property owners about shoreline restoration and buffers, and to provide them with an
opportunity to help design and execute a project. At the community meeting in March
we will review the different types of plant materials and get input on what types are
preferred by the neighbors. The final selections may be somewhat different that what is
• shown here. We'll discuss this more at the partner meeting.
• If you need more information please let me know. You can contact me at 763.479.4208
(ematthiesen(a),wenck.com). I'll be in touch with you about scheduling the partner meeting.
We're looking forward to working with you on this project, and thank you and the DNR for your
support.
Sincerely,
Ed Matthiesen, P.E.
Commission Engineer
Cc: Tom Mathisen, Crystal City Engineer, Shingle Creek Watershed Commission Chair
Shingle Creek WMC Commissioners
• Michael J. McCauley, Brooklyn Center City Manager
Carolyn Dindorf, Limnologist, Hennepin Conservation District
Gregg Thompson, Landscape Restoration Specialist, Association of Metropolitan Soil
and Water Conservation Districts
•
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Twin Lake Park Shoreline Restoration Project Budeet REVISED
Shingle Creek Watershed Management Commission
• Cost Per 4/17/03
Item Quantity Unit Unit Extended
Materials $ -
Site Prep 1 job $ 300.00 $ 300.00
Brush Bundle Wavebreaker (12" dia. x 10' length) 32 bundle $ 30.00 $ 960.00
Wood Stakes (2"x 2 "x48") 192 each $ 0.80 $ 153.60
Plastic Safety Fence -in water (4'x100' roll) 4 roll $ 30.00 $ 120.00
Temporary fence, upland (4' vinyl- coated wire) 700 each $ 1.00 $ 700.00
Steel T -post (5.5') 120 each $ 2.00 $ 240.00
Erosion Control Blanket -C125 (6.5'x 108') 5 roll $ 120.00 $ 600.00
6" Netting Pegs (bio- degradable corn - starch - 576 /box) 1.5 box $ 80.00 $ 120.00
Shredded Wood Mulch 91 cu yd $ 20.00 $ 1,820.00
Native Plant - emergent (2.25" pot) 384 each $ 1.50 $ 576.00
Native Plug - wet meadow 1632 each $ 0.75 $ 1,224.00
Native Plug - upland moist 1632 each $ 0.75 $ 1,224.00
Native Plug - upland dry 3072 each $ 0.75 $ 2,304.00
MATERIALS COST $ 10,341.60
Mulch Delivery 9 delivery $ 40.00 $ 360.00
Equipment Rental 5 days $ 100.00 $ 500.00
MATERIALS & DELIVERY COST $ 860.00
• Subtotal $ 11,201.60
Contingency (I0 %) $ 1,120.16
TOTAL ESTIMATED CASH EXPENSE $ 12,321.76
DNR Grant $ 10,000.00
Shingle Creek Watershed $ 2,321.76
In -kind Labor
Engineering $ 2,500.00
Shingle Creek Watershed Management Commission
Hennepin Conservation District
Site Preparation $ 1,500.00
City of Brooklyn Center Public Works
Turf removal, fine grading, fence installation
wavebreak installation
Planting $ 1,275.00
Volunteers, students, estimate 255 hours @ $5/hr
Education $ 1,500.00
Shingle Creek Watershed Management Commission
Hennepin Conservation District
• TOTAL PROJECT $ 17,821.76
i
Middle TwI*e Moistuont Habitat Kev: •
Plantlist for Shoreline stabilization and buffer ud - upland -dry: dry, well- drained soils
um - upland - mesic: soil is moist, but not wet
w - soil is wet, occassionally standing water
s - shallow water most of the time
Emerqent (2 1/4" pots )
Qty: Scientific Common: Moisture: Habitat: Flower: Period:
32 Alisma plantago - aquatica Water Plantain s,w
32 Eleocharis palustris Creeping Spike Rush w wetland, wet prairie Brown 18 -24"
64 Iris shrevei Blue Flag Iris s,w
32 Juncus effusus Soft Rush s
64 Sagittaria latifolia Common arrowhead a, w White July- August 24 -42"
32 Scirpus fluviatilis River Bulrush s,w marsh, pond, lake edge 48 -96"
32 Scirpus pungens Three - square Bulrush s,w
64 Scirpus validus Softstem Bulrush s
32 Sparganium eurycarpum Bur -reed s
384 Total 2 1/4" pots
Transitional / Wet Meadow Zone
1392 total plants (12" - 18" spacing)
Forbs (6- packs):
Qty: Scientific Common: Moisture: Habitat: Flower: Period: Height:
36 Asclepias incarnata Swamp Milkweed w,um prairie, marsh, lake edge Lavender June - August 36 -48"
6 Aster novae - angliae New England Aster w,um prairie, marsh, swamp Blue Aug - October 24 -48"
6 Aster pilosus Frost Aster w,um,ud wet to dry prairie White Aug - October 16 -24"
12 Aster umbellatus Flat- topped Aster w,um prairie, marsh, swamp, edge White July - August 30 -42"
24 Chelone glabra Turtlehead w lake edge, peatland White July - October 24 -36"
12 Eupatorium maculatum Joe Pye Weed w,um wet prairie, marsh, swamp Purple July - September 24 -48"
24 Eupatorium perfoliatum Boneset w,um prairie, marsh, swamp White June - August 24 -42"
24 Euthamia graminifolia Grass Leaf Goldenrod w,um prairie, marsh, lake edge Yellow July - October 24 -30"
24 Gentiana andrewsii Bottle Gentian w,um prairie, marsh, lake edge Blue Aug - October 18 -30"
36 Helenium autumnale Sneezeweed w,um swamp, lake edge Yellow July - October 30 -48"
18 Helianthus occidentalis Western Sunflower w,um prairie, savanna, woodland Yellow July - September 24 -36"
24 Iris versicolor Blue Flag Iris s,w marsh, peatland, lake edge Blue June - July 24 -36"
36 Liatris ligulistylis Meadow Blazing Star w,um prairie, savanna Purple July - August 24 -42"
48 Liatris pychnostachya Praire Blazing Star w,um prairie, marsh, lake edge Purple July - September 24 -36"
36 Liatris spicata Marsh Blazing Star w,um prairie, marsh, lake edge Purple July - August 24 -36"
36 Lobelia cardinalis Cardinal Flower w,um prairie, marsh, lake edge Red July - October 24 -48"
Pagel
Middle Twirie Moisturent Habitat Kev: •
Plantlist for Shoreline stabilization and buffer ud - upland -dry: dry, well- drained soils
um - upland - mesic: soil is moist, but not wet
w - soil is wet, occassionally standing water
s - shallow water most of the time
36 Lobelia siphilitica Great Blue Lobelia w,um marsh, peatland, swamp Blue July - October 20 -30"
24 Mimulus ringens Monkeyflower w, um marsh, lake edge, swamp Lavender July - September 18 -24"
12 Monarda fistulosa Wild Bergamot w,um,ud prairie, savanna, woodland Lavender June - September 18 -24"
24 Phlox maculata Wild Sweet William w, um marsh, lake edge Pink June - July 18 -24"
24 Physostegia virginiana Obedient Plant w,um prairie, marsh, swamp Pink July - October 24 -36"
24 Pycnanthemum virginianum Mountain Mint w,um prairie, marsh, swamp White July - September 24 -36"
36 Rudbeckia fulgida Orange Coneflower w,um fen, marsh, lake edge Orange -Yllw July - October 24 -36"
18 Solidago riddellii Riddell's Goldenrod w,um lake edge, wet prairie Yellow Aug - October 24 -36"
12 Verbena hastata Blue Vervain w,um prairie, marsh, swamp Blue June - September 36 -48"
36 Vernonia fasciculata Ironweed w,um prairie, marsh, swamp Rose -Pink July - September 24 -42"
48 Zizia aurea Golden Alexanders w,um prairie, savanna, woodland Yellow May - July 24"
696 Forbs Total
Graminoids(6, 9 or 12- packs):
24 Acorus calumus Sweet Flag s,w,um marsh, peatland, lake edge Yellow July - August 36"
36 Andropogon gerardii Big Bluestem um,ud prairie, savanna, woodland Purplsh -grn July - September 36 -72"
24 Carex bebbii Bebb's Sedge w,um marsh, swamp, lake edge Green May - June 24 -36"
36 Carex comosa Bottlebrush Sedge s,w,um marsh, peatland, lake edge Green May - June 24 -42"
96 Carex crinita Fringed Sedge s marsh, swamp, lake edge Green May - June 30 -42"
48 Carex lacustris Lake Sedge s,w,um marsh, swamp, lake edge Green May - June 24 -36"
36 Carex stricta Tussock Sedge s,w,um swamp, marsh, peatland Green May - June 24 -36"
48 Carex vulpinoidea Fox Sedge w,um lake edge, wet prairie Green May - June 24 -36"
96 Eleocharis acicularis /palustris Spike Rush s,w,um wetland, wet prairie Brown August 6 -24"
36 Glyceria canadensis Rattlesnake Manna Grass w,um lake edge, marsh, peatland Green July - August 24 -36"
24 Hierochloe odorata Sweet Grass w,um lake edge, marsh, prairie Green May - June 12 -24"
48 Juncus effuses Soft Rush s,w,um swamp, marsh, lake edge Brown July - August 24 -48"
48 Juncus tennis Path Rush w,um swamp, marsh, lake edge Brown July - August 6 -12"
24 Scirpus atrovirens Green Bulrush w,um marsh, swamp, lake edge Brown June - July 36 -48"
36 Scirpus cyperinus Wool Grass s,w,um marsh, swamp, lake edge Brown June - July 36 -48"
36 Spartina pectinata Cord Grass s,w,um prairie, marsh, lake edge Yellow Aug - October 48 -72"
696 Graminoids Total
Upland Moist
1440
Forbs:
Page 2
Middle Twi0e Moistu *nt Habitat Kev: •
Plantlist for Shoreline stabilization and buffer ud - upland -dry: dry, well- drained soils
um - upland - mesic: soil is moist, but not wet
w - soil is wet, occassionally standing water
s - shallow water most of the time
Qty: Scientific Common: Moisture: Habitat: Flower: Period: Size:
12 Agastache foeniculum Fragrant Hyssop um,ud prairie, savanna Blue June - October 24 -40"
24 Allium stellatum Prairie wild onion um, ud Pink July- August 12 -24"
36 Anemone cylindrica Thimbleweed um, ud prairie, savanna, woodland White June -July 12 -24"
12 Aquilegia canadensis Wild Columbine um, ud woodland, forest orange May - June 20 -36"
12 Aster ericoides Heath Aster um,ud prairie, savanna, woodland White Aug - October 16 -30"
18 Aster laevis Smooth Aster um prairie, savanna, woodland Blue July - October 20 -30"
12 Aster macrophyllus Large - leaved Aster um, ud savanna, woodland, forest Blue Aug - October 8 -18"
36 Astragalus canadensis Canada Milkvetch um prairie, savanna, woodland White June - August 24 -42"
24 Campanula rotundifolia Harebell um, ud prairie, savanna, woodland Blue June - September 16 -24"
24 Dalea candidum White prairie clover um, ud dry prairie, savanna White June -July 12 -30"
24 Dalea purpurea Purple prairie clover um, ud dry prairie, savanna Purple June -July 12 -24"
24 Desmodium canadense Tick Trefoil um, ud prairie, savanna, woodland Lavender June - September 24 -36"
12 Geranium maculatum Wild Geranium um savanna, woodland, forest edge Pink May - June 18"
12 Geum triflorum Prairie -smoke um,ud dry prairie, woodland Purple April -June 6 -12"
36 Helenium autumnale Sneezeweed w,um swamp, lake edge Yellow July - October 30 -48"
18 Heliopsis helienthoides Oxeye um,ud prairie, savanna, lake edge Yellow June - October 24 -42"
24 Heuchera richardsonii Alum Root um,ud prairie, savanna, woodland White May - July 12 -18"
36 Lespedeza capitata Bush Clover um,ud prairie, savanna, woodland White July - October 24 -36"
36 Liatris aspera Rough Blazing Star um,ud prairie, savanna, woodland Purple July - September 18 -36"
36 Lupinus perennis Wild Blue Lupine um,ud prairie, savanna Blue May - July 18 -24"
12 Monarda fistulosa Wild Bergamot um,ud prairie, savanna, woodland Lavender July - August 36 -48"
36 Phlox divaricata Blue phlox um Blue May -June 6 -18"
24 Phlox pilosa Prairie phlox um Pink June 12 -24"
24 Pycnanthemum virginianum Mountain Mint w,um prairie, marsh, swamp White July - September 24 -36"
36 Rudbeckia hirta Black Eyed Susan um,ud prairie, savanna Yellow June - October 24 -36"
36 Solidago rigida Stiff goldenrod um,ud prairie, savanna, lake edge Yellow August -Oct 12 -60"
36 Tradescantia bracteata Prairie Spiderwort um,ud prairie, savanna Blue June- August 18 -30"
48 Zizia aurea Golden Alexanders w,um prairie, savanna, woodland Yellow May - July 24"
720 Forbs Total
Grasses:
36 Andropogon gerardii Big Bluestem um,ud prairie, savanna, woodland 36 -72"
96 Bouteloua curtipendula Side Oats Grama um, ud prairie, savanna, woodland 18 -30"
96 Bromus kalmii Kalm's Brome w, um, ud prairie, savanna, woodland 24 -36"
12 Carex pennsylvannica Pennsylvania Sedge um, ud savanna, woodland 6 -12"
Page 3
Middle Twiree Moisturont Habitat Kev: •
Plantlist for Shoreline stabilization and buffer ud - upland -dry: dry, well- drained soils
um - upland - mesic: soil is moist, but not wet
w - soil is wet, occassionally standing water
s - shallow water most of the time
36 Carex sprengelii Sprengel's sedge um, ud woodland, forest 12 -24"
48 Carex vulpinoidea Fox Sedge w,um lake edge, wet prairie 24 -36"
72 Elymus canadensis Canada wild rye um, ud prairie, savanna, lake edge 24 -36"
48 Elymus hystrix Bottlebrush grass w, um, ud forest, woodland, lake edge 24 -48"
96 Koeleria macrantha June Grass um, ud' prairie, savanna, woodland 12 -24"
96 Schizachyrium scoparium Little Bluestem um, ud prairie, savanna, woodland 18 -36"
36 Sorghastrum nutans Indian Grass w, um prairie, savanna, woodland 48 -72"
48 Sporobo /us heterolepis Prairie Dropseed um, ud prairie, savanna 18 -36"
720 Grasses Total
Upland Dry
2976
Forbs:
Oty: Scientific Common: Moisture: Habitat: Flower: Period: Size:
48 Allium stellatum Prairie wild onion um, ud Pink July- August 12 -24"
48 Amorpha canascens Leadplant ud prairie, savanna Blue June -July 18 -42"
48 Anemone cylindrica Thimbleweed um, ud prairie, savanna, woodland White June -July 12 -24"
24 Aquilegia canadensis Wild Columbine um, ud woodland, forest orange May - June 20 -36"
48 Astragalus canadensis Canada milk -vetch um prairie, savanna, woodland Cream June- August 36 -48"
96 Asclepias tuberosa Butterfly Weed ud prairie, savanna Orange June - September 12 -24"
36 Aster ericoides Heath Aster um,ud prairie, savanna, woodland White Aug - October 16 -30"
24 Aster macrophyllus Large - leaved Aster um, ud savanna, woodland, forest Blue Aug - October 8 -18"
72 Campanula rotundifolia Harebell um, ud prairie, savanna, woodland Blue June - September 16 -24"
72 Coreopsis lanceolata Lance Leaf Coreopsis ud dry prairie, savanna Yellow June - August 24 -36"
72 Dalea candidum White prairie clover um, ud dry prairie, savanna White June -July 12 -30"
72 Dalea purpurea Purple prairie clover um, ud dry prairie, savanna Purple June -July 12 -24"
48 Delphinium virescens Prairie Larkspur ud dry prairie, savanna Blue June -July 24 -36"
36 Desmodium canadense Tick Trefoil um, ud prairie, savanna, woodland Lavender June - September 24 -36"
48 Echinacea purpurea Purple Confeflower ud prairie, savanna Purple July - August 24 -36"
48 Geum triflorum Prairie -smoke um, ud dry prairie, woodland Purple April -June 6 -12"
36 Heuchera richardsonii Alum Root um, ud prairie, savanna, woodland White May - July 12 -18"
72 Lespedeza capitata Bush Clover um, ud prairie, savanna, woodland White July - October 24 -36"
72 Liatris aspera Rough Blazing Star um, ud prairie, savanna, woodland Purple July - September 18 -36"
96 Lupinus perennis Wild Blue Lupine um, ud prairie, savanna Blue May - July 18 -24"
36 Monarda fistulosa Wild Bergamot um, ud prairie, savanna, woodland Lavender July - August 36 -48"
96 Penstemon grandiflorus Large- flowered beard - tongue ud prairie, savanna, woodland Lavender May -June 18 -48"
Page 4
Middle Twin *e Moisturient Habitat Kev: •
Plantlist for Shoreline stabilization and buffer ud - upland -dry: dry, well- drained soils
um - upland - mesic: soil is moist, but not wet
A - soil is wet, occassionally standing water
s - shallow water most of the time
72 Rudbeckia hirta Black Eyed Susan um, ud prairie, savanna Yellow June - October 24 -36"
72 Solidago rigida Stiff goldenrod um, ud prairie, savanna, lake edge Yellow August -Oct 12 -60"
96 Tradescantia bracteata Prairie Spiderwort um, ud prairie, savanna Blue June - August 18 -30"
1488 Forbs Total
Grasses:
144 Bouteloua curtipendula Side Oats Grama um, ud prairie, savanna, woodland 18 -30"
144 Bouteloua gracilis Blue grama ud prairie, savanna 6 -12"
192 Bromus kalmii Kalm's Brome w, um, ud prairie, savanna, woodland 24 -36"
24 Carex pennsylvannica Pennsylvania Sedge um, ud savanna, woodland 6 -12"
120 Carex sprengelii Sprengel's sedge um, ud woodland, forest 12 -24"
144 Elymus canadensis Canada wild rye um, ud prairie, savanna, lake edge 24 -36"
120 Elymus hystrix Bottlebrush grass w, um, ud forest, woodland, lake edge 24 -48"
144 Koeleria macrantha June Grass um, ud prairie, savanna, woodland 12 -24"
144 Schizachyrium scoparium Little Bluestem um, ud prairie, savanna, woodland 18 -36"
192 Sporobolus heterolepis Prairie Dropseed um, ud prairie, savanna 18 -36"
120 Stipa spartea Porcupine Grass ud prairie, savanna, woodland 24 -36"
1488 Grasses Total
Page 5
•
reline Habita
t. Restorafion Pr 'Pect
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Sent by: WENCK ASSOC. 763 479 4242; 04/14/03 2:39PM; #980; Page 2/2
Middle Twin Lake Shoreline Restoration _
_June 14, with June 16, 17 as overflow dates �—
D R A F T Roes iot reflect comments from DNR or designer Gr -
Sctledula _. __._ __..._..,., . ...___...'gg
Task __...__ _ __ ____
f DNR SVXD ; SCYVMO City
c°mpfeted Participant agreement _ ! x_.._.,... _._.._._
Completed Permit ap __._...._.. - - - - - - -- — __
Ongoing Fiscal a ent x
— .. _ _.
_
in process TPr o owner a reement x
linprocess TApprove plants &final design x r---- --- - --
IASAP _ Order pants
� x I
Order wavepreaker, wood stakes, in -water safety ; f
Prior to fence, t- posts, erosion control blanket, neeting !
event j pegs: s wood mulch I
3C t
Prior to
:even Order upland teat ra fence - !( if rte etlsd)
IAWl 1D Update SC Commission I ;c
lApril 14 To 8C Council (if neede
1 To BC Park attd R - -- - - -- -- ..,........._ .._.....
15 _— _._..._... . . , ac Commission -- _._..._�....._ _....., � . x
— Aril Tfi mein soliciting volunteers x
_ A ril 25 Mailing for meeting _ ! ... • ...___ j
x
Send article to Post i ;c
1 Article in Sun Po
st
—_ Ma8 Update SCWMO & public at Open House
- '....__.. 13 - PPubltc x
May _...... — ..._�- _.......
y _. ___. meeting x x
Ma _ -- - - -- �._.__. -..._ _.. _._....._.. —.. _
.19.........._... 'St areas
.... t.._,. x _....1... —?�_._ x
y _ _ Update BC Park and Rec Commis ! x
by, May 30 (Clean up planting sites, r egrade where desired ! _ x
• „ by „MaY,3p AAp1Y Rodeo to areas to be_planted
._� - day
�....I_— _._.._.. ......xw_ _
J une 14 plantin
.. _ ....-�
... - - - -- - - - --
�......_... . I x is ....... x
— _'_June 14-17 }Store & transport additional plants as necessa I� .._......__
- -
June 16 OOverflow planting day x a t
June 17 Overflow ntin day x
- �—
iT8O iProvide sign and maintenance manual
ci staff & volunteers on maintenance
Train _
_ - - - -- _ t x
Planting `— - —
Weekly 1 "watering I _._ —..._
e
'Periodically M onitor r o_wth_.... . .. _— �: 1 x
'Fall Review plantings for supplemental Planting need i x - x --
•
City Council Agenda Item No. 8e
i
City of Brooklyn Center
A Millennium Community
•
To: Mayor Kragness and Council Members Carmody, Lasman, Niesen, and Peppe
From: Michael J. McCauley
City Manager
Date: April 23, 2003
Re: Letter of Agreement with Metropolitan Council: Transit Hub
The attached Letter of Agreement with the Metropolitan Council would result in:
- 3,200 square foot transit facility located on Northway Drive on former Wells
Fargo and JoAnn Fabrics properties
o use of brick, polished metal, and glass at comparable architecture to
Uptown Transit facility with the floors
- Climate Control
- Construction of public restrooms
• Utilization of access control and other enhancements for flexibility
• Accessible upon request to driver
• ■ Otherwise not open to public except
■ Operating funding identified or
■ A vendor /concessionaire occupies space in Transit Hub
- Security Cameras
- Agreement on general location of pick -up points along Xerxes and Bass Lake
Road with
- City requesting legislative delegation to withdraw specific transit hub
language from current bills
- Metropolitan Council will not acquire Citgo site
- Current hub location continue until permanent is constructed
o Met Council to use its best efforts to construct permanent site at
earliest practicable date (not later than December 2004
While we would prefer to have the temporary location move to Northway Drive, that is
not feasible from Metro Transit's review of the location. The agreement results in a
quality building and location of the hub off - street and with the least impact on current
and near future expansion and re- positioning of retail development in the Brookdale area.
I have spoken with Mr. Schlesinger and with the representatives of the Jerry's site and
both have concurred that this location is the best from their perspectives. Brad Hoffman
spoke with the owner of the Cub development who also indicated support for the
Northway Drive location. Metro Transit has indicated that their final routes may
potentially not stop on the Brookdale property, depending on final route structuring. Mr.
x'301 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.cityolbrooklyncenter.org
Schlesinger was comfortable with that possibility and continues to agree to provide bus
• access on Brookdale itself for pick -up and drop -off between Penney's and Sears.
The facility includes public restrooms and the potential to have them generally open if a
vendor /concessionaire can be located in the hub or if other funding is found. Metro
Transit will make restroom facilities available to patrons through request of drivers and
will provide a level of service no less than what they provide at other facilities.
Given that land will be lost for a transit facility somewhere in the Brookdale area, this
agreement represents a major commitment to the quality of the facility and locates the
facility in the least disadvantageous location relative to impact on potential
redevelopment associated with Brookdale and the Jerry's site.
•
• Letter of Aizreement
The City of Brookyn Center (City) and the Metropolitan Council (Council) agree that the
Council will construct a Transit Center on property locate in the NW quadrant adjacent to
the intersection of Bass Lake Road and Northway Drive.
• Sufficient property will be obtained and developed by the Council to adequately site
the facility by acquiring (by negotiation or condemnation) two properties: 2901 Co.
Rd 10 N and 2920 Northway Drive. The City concurs in the acquisition of these
properties by the Council by whatever means required.
• The Transit Center, as designed and constructed, will provide sufficient amenities to
serve the nearly four thousand passengers that board or alight at this location,
including:
- Approximately 3200 total sq. ft. of usable facility space of an architectural
quality with climate control (HVAC), primarily brick, glass and polished
metal surfaces, tiled floors, extensive lighting and passenger amenities
comparable to those in the Minneapolis Uptown Transit Station. Concept
drawings of the Transit Center will be completed and provided to the City for
review within 60 days.
- Areas within the total space that may be used for (1) security, supervisory and
driver break functions, (2) passenger lobby and waiting areas, (3) driver and
• passenger restrooms (men's and women's), and (4) associated mechanical,
electrical and maintenance rooms.
- Arrangements and amenities conducive to leasing space for concessions to
operate within the areas accessible to passengers. Extensive space for
commercial /retail business is not contemplated.
- Passenger restrooms designed and constructed as part of the facility,
configured and equipped to allow durability, security and maximum operating
flexibility relative to fixtures and maintenance, access control, and hours of
availability. The City and the Council will continue to explore options for
providing and funding maintenance, security and reasonable access, including
the potential assumption of the responsibility for maintenance and control by a
vendor /concessionaire. The Council reserves the right to limit whether, how,
and when the public restrooms will be used. Unless funding is established or a
satisfactory arrangement for a vendor /concessionaire can be made to operate
the restrooms, there shall be no obligation on the Council to operate the
restrooms at a greater level than at other Council transit facilities. The Council
will follow its current practice of allowing individual patrons access to
restrooms by specific request of the driver.
- Adequate security arrangements on -call and /or on -site. Security cameras will
be designed and installed to facilitate coverage and monitoring of the
appropriate interior and exterior areas of the Transit Center similar to that at
• the Minneapolis Uptown Transit Center.
• • The facility will be designed and constructed to provide for the orderly alighting,
boarding and transfer of passengers served by at least 10 to 12 bus routes operating in
a pulse -time transfer service schedule throughout each day. It will be configured to
facilitate convenient access for passengers to and from the Center and the surrounding
commercial area, including the Brookdale Shopping Center (Shopping Center). It is
anticipated that paved areas of approximately 60,000 sq. ft. for bus traffic and 15,000
sq. ft. for passenger access will be required. The parties agree to cooperate to
optimize the arrangements for these areas.
• The existing interim on- street arrangement for bus operations will continue to be
used, unless satisfactory arrangements can be made with the Shopping Center to
return to the "cut -out" facility along the east side of Xerxes Ave. The City and the
Council agree to continue to work with the Shopping Center to reach agreement on a
satisfactory arrangement for buses and passengers to access the Shopping Center.
• The City and Council agree that every reasonable effort will be made to accelerate the
project schedule to allow occupancy of the new Transit Center at the earliest practical
date, with a firm occupancy goal of not later than December 2004. The parties agree
to cooperate to the maximum extent possible to facilitate any permits and/or
approvals required for this project.
• The City and the Council agree that the general location of designated permanent on-
street bus stops are acceptable and will be accommodated - within the general areas
identified as existing right of way permits. Further joint on -site reviews by City and
• Council staff will be scheduled to verify the specific details of these bus stops. See
attached drawing for the designated locations.
• The City agrees to request its legislative representatives to seek removal of pertinent
parts of draft legislation (formerly designated as H.F. 511 and 889 and S.F. 513 and
1245), and the Council agrees to halt its ongoing legal condemnation proceedings to
acquire the "Citgo" property, at the intersection of Xerxes Ave. and Bass Lake Rd.
For the City of Brooklyn Center For the Metropolitan Council
Signature Signature
• Date Date
y y
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City Council Agenda Item No. 8f
• CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the 14th day of April at 7 p.m. or as
soon thereafter as the matter may be heard at City Hall, 6301 Shingle Creek Parkway, to consider
an ordinance repealing Chapter 2 of the City Ordinances of the City of Brooklyn Center and
adopting a new ordinance regarding the disposition of abandoned and unclaimed property.
Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance.
Please notify the deputy city clerk at 769 -569 -3308 to make arrangements.
ORDINANCE NO.
AN ORDINANCE REPEALING CHAPTER 2 OF THE CITY
ORDINANCES OF THE CITY OF BROOKLYN CENTER AND
ADOPTING A NEW ORDINANCE REGARDING THE DISPOSITION
OF ABANDONED AND UNCLAIMED PROPERTY
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Section 1. Chapter 2 of the City Ordinances of the City of Brooklyn Center is
hereby repealed in its entirety.
• Section 2. Chapter 2 of the City Ordinances of the City of Brooklyn Center is
hereby amended by adding the following new sections:
CHAPTER 2 — ABANDONED AND UNCLAIMED PROPERTY
Section 2 -101. DEFINITIONS.
a. "Abandoned Pron_ ertv" means property that, after appropriate notification to the
nropertv owner, the owner fails to redeem, or property to which the owner
relinquishes possession without reclaiming the property.
b. "Unclaimed Propertv" means propertv lawfully_ cominiz into the possession of the
Citv and remaininsz unclaimed by the owner.
Section 2 -102. DISPOSITION OF ABANDONED AND UNCLAIMED PROPERTY.
a. Procedure. Except for vehicles impounded pursuant to & 2 -103, et sea. of this
Chapter, all abandoned and unclaimed prop_ ertv will be disposed of as provided. in
this section, which is adopted pursuant to M.S. &471.195, as it may be amended
from time to time.
ORDINANCE NO.
•
b. Storase. The department of the city acauirina possession of the abandoned or
unclaimed propertv will arranse for its storaize. If city facilities are unavailable or
inadequate, the department may arrange for storage at a privately -owned facility.
C. Claim by Owner. The owner may claim the abandoned or unclaimed property by
exhibiting satisfactory proof of ownership and paving the city any storage or
maintenance costs incurred by it. A receipt for the abandoned or unclaimed property
must be obtained upon release to the owner.
d. Sale. After the abandoned or unclaimed propertv has been in the possession of
the City for at least s 60 days. the ro ert may so
v be to the highest bidder at a
p P - - highest
auction or sale or by a private sale throua_ h a nonprofit organization that
has a sienificant mission of community service. The City Manager or the City
Manager's designee may whether the sale will be public or private. If the
sale is to be by public auction. the City shall give ten days' published notice
describing the abandoned or unclaimed propertv found or recovered and to be
sold, and specifving the time and place of the sale. The notice must be published
at least once in a legal newspaper in the city.
e. Proceeds. The proceeds of the sale will be placed in the general fund of the City.
• If the former owner makes application and furnishes satisfactory proof of
ownership within six months of the sale, the former owner will be paid the
proceeds of the sale of the abandoned or unclaimed propertv less the costs of
storage and the proportionate part of the cost of published notice and other costs
of the sale.
Section 2 -103. ABANDONED VEHICLES.
a. Incorporation of State Statute. M.S. Chapter 168B, and Minn. Rules Chap_ ter
7035, as they may be amended from time to time, are hereby adopted by
reference. Except as provided in Section 2 -105 of this Chapter, the disposition of
abandoned vehicles shall be governed by M.S. Chapter 168B.
b. Additional Findings. The City finds that, in circumstances involvina certain
health and safety concerns, it is necessary to apply more stringent regulations than
those contained in M.S. Chapter 168B. Accordingly. the City adopts the
following additional regulations in Sections 2 -104 and 2 -105.
Section 2 -104. VIOLATION TO ABANDON MOTOR VEHICLE. A person who abandons.
Darks, keeps, places or stores any iunk vehicle or inoperable vehicle 'on any
public, or on any private propertv without the consent of the person in control of
the propertv is guilty of a misdemeanor.
•
ORDINANCE NO.
•
Section 2 -105. AUTHORITY TO IMPOUND VEHICLES.
a. Inoperable or iunk vehicles on public propertv. No person shall nark, keen, place,
store or abandon any iunk vehicle or inoperable vehicle on a nublic street, alley,
or public provertv within the city. The City Manager or Manager's designee or
any peace officer emnloved or whose services are contracted for by the city
take into custody and impound any inoperable or iunk vehicle.
b. Unauthorized vehicles. The City Manager, Manager's designee. or any peace
officer emnloved or whose services are contracted for by the city. may take into
custody and impound any unauthorized vehicle under M.S. &169.041 as it may be
amended from time to time. A vehicle may also be impounded after it has been
left unattended in one of the following public locations for the indicated period of
time:
1. On a highway and properly tagged by a peace officer, four hours.
2. Located so as to constitute an accident or traffic hazard to the traveling
public. as determined by a peace officer, immediately. or
3. That is a parking facility or other public nronertv owned or controlled by a
• unit of government. properly posted, four hours.
C. Illegally parked vehicles. The City Manager. Manager's designee, or any peace
officer emnloved or whose services are contracted for by the city. may take into
custody and impound any vehicle that is illegally narked, the owner of which has
been ordered to remove it.
d. Vehicles impeding road or utility activities. The City Manager, Manager's
designee, or any peace officer emnloved or whose services are contracted for by
the city, may take into custody and impound any vehicle that is impeding,,
obstructing, or interfering with the repair, construction, or maintenance activities
of public utilities or public transportation. Except in an emergency situation,
reasonable notice must be given to the vehicle owner or user of such activities.
e. Vehicles obstructing traffic or emergency The City Manager,
Manager's designee, or any peace officer emnloved or whose services are
contracted for by the city, may take into custody and impound any vehicle,
whether occupied or not, that is: (1) found stopped, standing, or parked in
violation of an ordinance or state statute, (2) reported stolen: or (3) impeding
firefighting or other emergencv activities, snow removal or n_ lowing, or the
orderly flow of traffic.
•
• ORDINANCE NO.
f. Notice and hearing.
1. The notice and hearing reauirements in this paragraph do not apply to
vehicles described in Section 2- 105(a) — (e).
2. Before impounding a iunk vehicle or inoperable vehicle, the Manager or
authorized designee must give 10 days' written notice through service by
mail, by posting a notice on the propertv, or by personal delivery to the
owner of or person in control of the property on which the vehicle is
located. When the propertv is occupied, service upon the occupant is
deemed service upon the owner. Where the prOpertV is unoccupied or
abandoned, service may be by mail to the last known owner of record of
the property or by posting on the propertv. The notice must state:
a) A description of the vehicle:
b) That the vehicle must be moved or properly stored within 10 day_ s
of service of the notice:
c) That if the vehicle is not removed or properly stored as ordered,
the vehicle will be towed and impounded at an identified location:
• d) That the vehicle may be reclaimed in accordance with the
procedures contained in M.S. 6168B.07 or disposed of in
accordance with M.S. 6168B.08: and
e) That the owner of the vehicle or the owner of or person in control
of the property on which the vehicle is located may in writing_
request a hearing before the City Manager or authorized designee.
3. Hearing, action. If a hearing is reauested during the 10 -dav period, the
City Manager or authorized designee must promptly schedule the hearing.,
and no further action on the towing and impoundment of the vehicle may
be taken until the City Manager's decision is rendered. At the conclusion
of the scheduled hearing. the City Manager or authorized designee may (1)
cancel the notice to remove the vehicle: (2) modify the notice: or (3)
affirm the notice to remove. If the notice is modified or affirmed, the
vehicle must be disposed of in accordance with the city's written order.
g. Impounding procedures. The impounded vehicle will be surrendered to the owner
by the towing contractor only upon pavment of the required impound, towing and
storage fees. Vehicle impounding will be conducted in accordance with M.S.
Chanter 168B, governing the sale of abandoned motor vehicles.
•
• ORDINANCE NO.
Section 3. This ordinance shall be effective after adoption and thirty days following
its legal publication.
Adopted this 14th day of April, 2003.
Mayor
ATTEST:
City Clerk
Date of Publication
Effective Date
(Strikeout indicates matter to be deleted, underline indicates new matter.)
•
•
•
City Council Agenda Item No. 8g
Office of the City Clerk
City of Brooklyn Center
A Millennium Community
MEMORANDUM
TO: Michael J. McCauley, City Manager
FROM: Sharon Knutson, City Clerk 4WX
DATE: April 24, 2003
SUBJECT: An Ordinance Amending Sections 11 -717 and 23 -1902 of the Brooklyn Center Code of
Ordinances, Relating to the Conduct of Charitable Gambling in the City
Attached are the materials regarding the City's charitable gambling ordinance that were provided for and
reviewed by the City Council at its April 14, 2003, study session. At the direction of the City Council,
City Attorney Charlie LeFevere has prepared an ordinance amendment and it is attached for Council
review, along with a letter outlining the changes. The ordinance is being introduced for first reading at
the April 24, 2003, City Council meeting and, if approved, a public hearing will be held on May 27,
2003.
• Attachments
•
6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number
Brooklyn Center, MN 55430 -2199 (763) 569 -3400
City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434
FAX (763) 569 -3494
www.cityofbrooklyncenter.org
•
K p p 470 Pillsbury Center
e111 e y 200 South Sixth Street
Minneapolis MN 55402
(612) 337 -9300 telephone
Graven (612) 337 -9310 fax
htti)://www.kennedv-zraven.com
CHARTERED
CHARLES L. LEFEVERE
Attorney at Law
Direct Dial (612) 337 -9215
email: clefevere @kennedy - graven.com
April 24, 2003
Sharon Knutson, City Clerk
City of Brooklyn Center
• 6301 Shingle Creek Parkway
Brooklyn Center, MN 55430 -2199
Re: Gambling Ordinance Amendment
Dear Sharon:
The proposed gambling ordinance amendment that I forwarded to you amends sections of the City
Code dealing with gambling in licensed liquor establishments and with charitable gambling. The
changes accomplish four objectives:
First, the prohibition against operating in more than one location is eliminated.
Second, the payout limitation of 80% is eliminated.
Third, other forms of gambling permitted by state law (paddle wheels and tipboards) are
authorized. The current ordinance authorizes only the sale of pull -tabs.
Fourth, the current ordinance provides that 90% of gambling proceeds must be spent on
lawful purposes within the City of Brooklyn Center. State law no longer authorizes such a
restriction. State law does, however, authorize the City to require that a percentage of
lawful proceeds be expended in the "trade area" of the City. The law requires that the trade
• area be defined in the ordinance to include at least all of the cities that are contiguous to the
CLL- 230748vl
BR291 -4
Sharon Knutson
Page 2 of 2
•
licensing city. Therefore, I have provided in the ordinance amendment that a certain
percentage (which I have left blank) of lawful proceeds must be spent within the City of
Brooklyn Center and the cities that are contiguous to Brooklyn Center. The percentage
could be filled in with a number as high as 100 %. However, in the past I have heard from
organizations that are national or international, in character, such as the Lions that feel that
some allowance should be given for some percentage of gambling proceeds to be spent on
lawful purposes of those organizations outside of the City.
Very truly yours,
Charles L. LeFevere
CLL: sez
•
•
CLL- 230748v 1
BR291-4
CITY OF BROOKLYN CENTER
•
Notice is hereby given that a public hearing will be held on the 27th day of May, 2003, at 7 p.m. or
as soon thereafter as the matter may be heard at City Hall, 6301 Shingle Creek Parkway, to consider
an amendment to Chapters 11 and 23 relating to the conduct of charitable gambling.
Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance.
Please contact the City Clerk at 763 -569 -3306 to make arrangements.
ORDINANCE NO.
AN ORDINANCE AMENDING SECTIONS 11 -717 AND 23 -1902 OF THE
BROOKLYN CENTER CODE OF ORDINANCES, RELATING TO THE
CONDUCT OF CHARITABLE GAMBLING IN THE CITY
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Section 1. Section 11 -717 of the City Ordinances of the City of Brooklyn Center is
hereby amended as follows:
Section 11 -717. GAMBLING REGULATIONS.
• 1. Only licensed charitable nonprofit organizations that have been in existence in
Brooklyn Center for at least three years [and who contribute the majority of pull -tab proceeds for
lawful purposes within the City of Brooklyn Center] may be allowed to sell pull -tabs, t)addletickets,
or tit)board tickets on the premises.
2. Use of the licensed premises shall be by means of a written lease agreement
between the licensee and the charitable organization. The lease shall be for a term of at least one
year, a copy shall be filed with the [police department] City Manager's designee, and also a copy
must be kept on the premises and available for public inspection ,upon request. Leases shall be
governed by the following:
a. The amount of rent charged may not exceed the amount authorized by
law.
b. Rental payments may not be based on a percentage of profits from
gambling.
c. The charitable organization may not reimburse the licensee for any
license fees or other gambling related expenses incurred by the licensee.
[d. The only form of gambling that shall be permitted on the licensed
premises shall be pull -tabs approved by the state.]
•
• [e.]d. Pull -tabs, paddletickets, and tinboard tickets shall only be sold from a
booth used solely by the charitable organization, and [pull -tabs] shall neither
be sold by employees of the licensee nor sold from the bar service area.
[f]e. The construction and maintenance of the booth used by the charitable
organization shall be the sole responsibility of the charitable organization.
[g.]f The lease shall contain a provision permitting the licensee to terminate
the lease if the charitable organization is found guilty of any violation of state
or local gambling statutes, ordinances, or rules and regulations.
3. Only one charitable organization shall be permitted to sell pull -tabs,
paddletickets, or tipboard tickets on the licensed premises.
4. The licensee may not be reimbursed by the charitable organization for any license
or permit fees, and the only compensation [which] that the licensee may obtain from the charitable
organization is the rent fixed in the lease agreement.
5. The licensee must cominit to a minimum of twenty -five (25) hours of sales of
pull -tabs, paddletickets, or tinboard tickets for the charitable organization per week.
6. The licensee shall be responsible for the charitable organization's conduct of
selling pull -tabs, paddletickets, and tipboard tickets. The city council may suspend for a period up
• to sixty (60) days or revoke the licensee's permission to allow gambling on the premises for any
violation of state or local gambling laws or regulations that occur on the premises by anyone,
including the licensee or the charitable organization. Any violation may also be considered by the
city council as grounds for suspension or revocation of the on -sale liquor license.
Section 2. Chapter 23 -1902 of the City Ordinances of the City of Brooklyn Center
is hereby amended as follows:
Section 23 -1902. [PULL -TABS] SALE OF PULL -TABS, PADDLETICKETS,
AND TIPBOARD TICKETS, IN ON -SALE PREMISES. The sale of pull -tabs, paddletickets, and
tipboard tickets in on -sale licensed premises shall be conducted by qualified and state licensed
charitable organizations. In addition to satisfying the qualifications set forth in Minnesota Statutes,
Chapter 349, the following regulations and qualifications must be complied with by all such
charitable organizations:
[I. The sale of pull -tabs shall be the only authorized form of gambling in on -sale
licensed premises.]
[2-1L The organization must have been in existence in Brooklyn Center for at least
three years.
[3.]2. [The organization must contribute a significant amount of its proceeds from
. lawful gambling to lawful purposes within the City of Brooklyn Center. For purposes of this
ordinance, the word "significant" i fd
s deine as over ninety percent (90% when • ) averaged over a g
three year period.] The organization must extend % of its expenditures for lawful purposes
on lawful purposes conducted or located within the Cities of Brooklyn Center, Brooklyn Park,
Minneapolis, Crystal, Robbinsdale, and Fridley.
[4.]3. The organization must file a list containing the names and addresses of all
current members with the [police department] City Manauer's desiiznee on an annual basis.
[5.]4. The organization must file [pull -tab] charitable Qamblin2 financial reports
monthly with the [police department] City Manager's designee.
[6.]5. The organization must exhibit and sell pull -tabs, paddletickets, and tip_ board
tickets in a method as required by the City.
[7.]6. Workers or managers may not divulge the number of or the dollar amount of
the winners at any time.
[8.]7. Workers or managers shall not co- mingle game cards.
[9.]8. The organization shall comply with all the provisions of Minnesota Statutes,
Chapter 349.
[10.]9. The organization shall register with the State Gambling Board all equipment
• g
and supplies used in a licensed on -sale establishment.
[ 11. The charitable organization shall not use a pull -tab which does not return to the
players a minimum percentage of 75% nor a maximum percentage of 80% which percentage shall
include free
awarded.
plays ]
[12.]10. The charitable organization will be responsible for the booth and other
equipment used in the operation of pull -tabs.
[13. No organization may have a pull -tab sale operation in more than one premises
in the City; except that an organization may be authorized to conduct one more than the number of
gambling operations it is lawfully conducting on the effective date of this ordinance.]
[14.] 11. The organization must pay the City of Brooklyn Center an investigation fee
of $250 per year.
•
I
• Section 3. This Ordinance shall become effective after adoption and upon thirty
(30) days following its legal publication.
Adopted this day of 2003.
Mayor
ATTEST:
City Clerk
Date of Publication
Effective Date
(Brackets indicate matter to be deleted, underline indicates new matter.)
•
•
PW City of Brooklyn Center
A Millennium Community
To: Mayor Kragness and Council Members Carmody, Lasman, Niesen, and Peppe
From: Michael J. McCauley
City Manager
Date: April 10, 2003
Re: Charitable Gambling Ordinance
The Fire Relief Association has inquired in the attached letter regarding possible changes
to the City's charitable (lawful) gambling ordinance. They have specifically inquired
about:
1) operating in more than one location
2) 90% payout (current ordinance is 80 %)
3) operation of paddlewheels.
Enclosed is a memorandum from the City Attorney responding to the legal questions
raised by the Relief Association. Also enclosed is a memorandum from the City Clerk
providing some historical background on the current ordinance and a survey of other
• cities. As indicated in the survey, most of the surveyed cities allow paddlewheels and
many do not limit the number of locations.
The item is on the study session agenda for Council discussion.
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
Brooklyn Center Fire Department
Relief Association
6250 Brooklyn Boulevard
Brooklyn Center, MN 55430
Telephone: 763-566-5863
March 19, 2003
Brooklyn Center City Council
and City Manager
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430
Dear City Manager and Council Members:
I am writing this letter with the anticipation of the City Council changing a few of the
• charitable gambling ordinances. I would like to bring to your attention three items located in
Section 23 -1902 in the city ordinances:
1. Section 23 -1902 #13. This states that an organization may only operate in one
premise within the city. I would like to see this changed so that the Fire
Department Relief Association could operate in two locations. This would
greatly increase our lawful purpose donations, of which 90% goes to citizens
and organizations within the city.
2. Section 23 -1902 411. 1 am inquiring if it would be possible to play a 90%
payout pull -tab game maybe once a week on a specific day. This type of game
is incredibly popular with the players and while this game may not be as
profitable for the organization, it does increase the popularity and profits of
other games.
3. This point is not mentioned in any of the city ordinances but I think it should be
considered: the mini- paddle wheel. This piece of equipment is used in meat
raffles. A meat raffle is also a big draw to the organization because this type of
crowd will be the type to play pull -tabs in the establishment. The min - paddle
wheel is recognized by the State as a legal form of charitable gambling.
•
Page 2
• In closing, I would like to thank you for the opportunity to bring to light some concerns of our
organization. Please feel free to contact me with any questions or concerns you might have or
any explanations needed to fully understand charitable gambling. I may be reached at 763-
569 -3380 (work) or 763 -560 -7212 (home).
Sincerely_,
Todd Berg
Gambling Manager
-Brooklyn Center Fire Department Relief Association
•
•
470 Pillsbury Center
200 South Sixth Street
Minneapolis MN 55402
(612) 337 -9300 telephone
(612) 337 -9310 fax
C H A R 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
March 26, 2003
Mr. Mike McCauley
City Manager
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430 -2199
RE: Brooklyn Center Fire Department Relief Association Charitable Gambling
Dear Mike:
You forwarded to me for.comment a letter. dated.Marcli J 9, 20Q3, rom Todd Berg of the Relief J.
Association. Mr._ Berg -posed several questions ;re1atin�,Jo the. City's _charitable' gambling
ordinance.
First, Mr. Berg requests modification of the ordinance to allow the Relief Association to operate
in two locations. Section 23 -1903 limits an organization to one premises in the City. However,
the Council may authorize an organization that had a lawful gambling activity on the effective
date of the ordinance (which is not specified in the code) to add one additional location.
Therefore, if the Relief Association was already operating at one location at the time the code
was modified to allow an additional operation to be conducted, the Code would already allow the
City Council to permit operation at a second location.
I believe that the reason for limiting the number of locations is that there are a limited number of
locations in the City where charitable gambling may be conducted profitably. I assume that the
Council felt that a number of charitable organizations should have the opportunity to raise funds
in this way and that allowing one organization to "corner the market" by occupying a larger
number of the available and commercially viable sites in the City would be unfair. However, it
is within the City's authority to modify this restriction if it wishes to do so.
The second question posed by Mr. Berg is whether they could be permitted to periodically play a
90% payout pull -tab game. City Code currently limits payouts to 80 %. I do not know why the
• City Council limited the payout percentage to 80 %. It may be that. the Council felt tilat limiting
the maximum would level the playing field for the various charitable organizations operating in
CLL- 229317v1
BR291 -4
Mr. Mike McCauley
March 26, 2003
• Page 2 of 2
the City to assure that all of the organizations were able to secure a reasonable return so that
more funds could be contributed to charitable purposes. The higher the maximum permitted
payout, the more likely it would be that gambling operations would compete with each other by
increasing the payout percentage, which could ultimately result in a reduced amount of money
available for charitable purposes in the City.
Finally, Mr. Berg requests that the ordinance be amended to permit mini- paddle wheel games.
The ordinance currently allows pull -tabs as the only permitted form of charitable gambling. As
noted in Mr. Berg's letter, state law permits the use of paddle wheels, although cities can impose
greater restrictions. I do not know why the City Council would have permitted pull -tabs but not
paddle wheels, I could have someone in the office make some inquiries of people, at the
charitable gambling control board or elsewhere, about the possible disadvantages of allowing
paddle wheel games. However, you may be able to make those kinds of inquiries at less cost by
using City staff. If you would like us to pursue this question further, please let me know.
Very truly yours,
C _ _Q� ��
Charles L. LeFevere
• CLL:sez
•
CLL- 229317v1
BR291 -4
Office of the City Clerk
3rw City of Brooklyn Center
A Millennium Community
•
MEMORANDUM
TO: Michael J. McCauley, City Manager
FROM: Sharon Knutson, City Clerk
DATE: April 8, 2003
SUBJECT: Charitable Gambling Ordinance Review
Attached please find copies of City Council agenda packet materials and City Council minutes from
09/14/87, 10/26/87, and 11/09/87 that might answer some of the questions raised by the Brooklyn
Center Fire Department Relief Association with regard to limiting the number of locations in the City
where charitable gambling may be conducted. The agenda materials include ordinance amendments for
both Chapters 11 (Liquor) and 23 (General Business Licensing) with regard to charitable gambling.
1987 was the last year the City ordinances relating to charitable gambling were amended.
In response to your request to research charitable gambling ordinances in surrounding cities regarding
• number of locations, payout, and paddlewheels, I've attached a table detailing the requested information.
p g q
Comments:
1) The wording in Chapter 23, section 23 -1902, subl3 should be clearly understandable rather than the
way it is worded "on the effective date of this ordinance ". It is sometimes difficult to go back and find
out how man operations perations were in existence in the past. I talked with Charlie LeFevere and he explained
that the actual date can be substituted for that language, but that at the time of the writing of the
ordinance the date was unknown.
2) If we amend the ordinance, should it be titled "lawful gambling" rather than "charitable gambling" to
be consistent with State Statutes? I'm not sure what the difference is between charitable gambling and
lawful gambling.
If you need additional information, please let me know.
* 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
Lawful/Charitable Gambling Survey
City Number of Limits the Limits the Number of Regulates the Restricts Any
Lawful/ Number of Locations Per Payout Form of Lawful
Charitable Locations for Organization for Amount Gambling
Gambling Lawful/ Lawful/Charitable (percentage
Locations Charitable Gambling returned to
GamblinLF the play_ ers)
Brooklyn Yes —
Center 1 per org. BC Lions Yes Yes —
3 No grandfathered in with 3 75 -80% Only pull -tabs
Brooklyn Park Yes -
3 - Section 113:63 B (4)
11 No No No
Champlin
2 No No I No No
Columbia No -
Heights As per State
5 Statute No No No
Crystal
7 Yes I No I No No
Fridley Yes -
Pull -tabs only for
Yes - liquor
Only to establishments. If
organizations non - profit
who own their organization owns
own building or own building they
liquor Yes - are not limited
11 establishment 2/Location No
Golden
Valley 4 No I No I No No
New Hope
1 I No I No I No No
Maple Grove Yes
Whatever Council deems
reasonable and
4 No app_ ropriate* No No
Robbinsdale
Yes
Applicant must own or
lease premises and it
must be applicant's
principal place of
1 No business No No
*Maple Grove: The Council may restrict the number of locations per organization based on the following criteria: 1) the
number of locations of specific types (church; fraternal, veterans' or other nonprofit organization; or on -sale liquor licensee);
2 the number of applications for lawful gambling by other organizations; 3) the extent of the applicant's present distribution
em; and 4) the City's desire to prevent monopolies and promote equitable application of this article.
•
CURRENT ORDINANCE
• Section 23 -1814. PENALTIES. Whoever does any act forbidden by this ordinance or omits or
fails to do any act required by this ordinance shall be guilty of a misdemeanor and upon conviction
thereof by lawful authority, be punished by a fine not to exceed $1,000 or imprisonment not to
exceed 90 days or both, together with the costs of prosecution. Each day that a violation exists
constitutes a separate and distinct offense.
Section 23 -1815. LIABILITY FOR THE CRIMES OF ANOTHER. Every person who
commits or attempts to commit, conspires to commit or aids and abets in the commission of any act
constituting a violation of this ordinance or any act, which constitutes an omission and, therefore, a
violation of this ordinance, whether individually or in connection with one or more persons or as
principal, agent or accessory, shall be guilty of such offense and every person who falsely,
fraudulently, forcibly or willfully, induces, causes, coerces, requires, permits or directs another to
violate any of the provisions of this chapter is likewise guilty of such offense.
CHARITABLE GAMBLING
Section 23 -1900. STATEMENT OF POLICY. The City of Brooklyn Center deems it
desirable to regulate lawful gambling within its jurisdiction as authorized by Minnesota Statutes,
Section 349.213.
Section 23 -1901. DEFINITIONS. The definitions in Minnesota Statute 349 are adopted by
reference in this chapter.
• Section 23 -1902. PULL -TABS SALE IN ON -SALE PREMISES. The sale of P ull -tabs in on-
sale licensed premises shall be conducted by qualified and state licensed charitable organizations. In
addition to satisfying the qualifications set forth in Minnesota Statutes, Chapter 349, the following
regulations and qualifications must be complied with by all such charitable organizations:
1. The sale of pull -tabs shall be the only authorized form of gambling in on -sale licensed
premises.
2. The organization must have been in existence in Brooklyn Center for at least three years.
3. The organization must contribute a significant amount of its proceeds from lawful
gambling to lawful purposes within the City of Brooklyn Center. For purposes of this
ordinance, the word "significant" is defined as over ninety percent (90 %) when averaged
over a three year period.
4. The organization must file a list containing the names and addresses of all current
members with the police department on an annual basis.
5. The organization must file pull -tab financial reports monthly with the police department.
6. The organization must exhibit and sell pull -tabs in a method as required by the City.
City of Brooklyn Center 23 -68 April 1, 2002
7. Workers or managers ma
• g y not divulge the number of or the dollar amount of the winners
at any time.
8. Workers or managers shall -
g not co mingle game cards.
9. The organization shall comply with all the provisions of Minnesota Statutes Chapter 349.
10. The organization shall register with the State Gambling Board all equipment and supplies
used in a licensed on -sale establishment.
-11. The charitable organization shall not use a pull -tab which does not return to the players a
minimum percentage of 75% nor a maximum percentage of 80% which percentage shall
include free plays awarded.
12. The charitable organization will be responsible for the booth and other equipment used in
the operation of pull -tabs.
13. No organization may have a pull -tab sale operation in more than one premises in the City;
except that an organization may be authorized to conduct one more than the number of
gambling operations it is lawfully conducting on the effective date of this ordinance.
NoveMb q , 1187
14. The organization must pay the City of Brooklyn Center an investigation fee of $250 per
• year.
Section 23 -1903. SEVERABILITY. Every section, provision or part of this chapter is
declared separable from every other section, provision or part to the extent that if any section,
provision or part of this chapter shall be held invalid, such holding shall not invalidate any other
section, provision or part thereof.
Section 23 -1904. PENALTIES. Any person violating any provision of this ordinance shall be
guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than
one thousand dollars ($1,000) and imprisonment for not more than ninety (90) days, or both, together
with the cost of prosecution.
ALARM SYSTEMS
Section 23 -2000. STATEMENT OF POLICY. The City Council of the City of Brooklyn
Center deems it necessary to provide for the special and express regulation of alarm systems which
are designed to signal the presence of a hazard requiring urgent attention and to which public safety
personnel are expected to respond in order to protect the public health, safety and welfare. The City
Council finds that the regulation of alarm systems is necessary in order to reduce the increasing
frequency of false alarms in Brooklyn Center. The great number and increasing frequency of these
false alarms requires intensive, time - consuming efforts by the Police Department and thereby
distracts from and reduces the level of services available to the rest of the community. This
• City of Brooklyn Center 23 -69 April 1 2002
•
MINUTES & ORDINANCE CHANGES
•
Q- 1,1 -81
OR
.
Cour�c
J
• CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the
day of 1987 at .m.
at the City Hall, 6301 Shingle Creek Parkway, to consider the
addition of a new section to Chapter 23 of the City Ordinances
involving charitable gambling.
Auxiliary aids for handicapped persons are available upon request
at least 96 hours in advance. Please contact the Personnel
Coordinator at 561 -5440 to make arrangements.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY
ORDINANCES REGARDING CHARITABLE GAMBLING
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
SECTION 1. Sections 1900 through 1904 are hereby added to
Chapter 23 of the City Ordinances, with the following language:
• Section 23 -1900 STATEMENT OF POLICY
The Citv of Brook C enter deemG it desirable to regulate
lawful aamblina within it,s lurisdi-c,t_ion as authorized by
Minnesota Statutes, Section 349.213.
Section 23 -1901 DEFINITIONS
The definitions .n Mi nnesota S t_.at_.u.t_. e 349 are adopted by
reference in this chapter.
Section 23 -1902 PULL -TABS SALE IN ON -SALE PREMISES
The sale of bull -tabs in on -sale licensed premises shall be
conducted by qualified and' state licensed charitable
organizations. In addition to sat.isfvina the miali,fications set
forth in Minnesota Statutes, Chanter 349, the following
regulations and qualifications must be complied with by all such
charitable organizations:
1. The sale of gull -tabs shall be the onlv authorized form
of aamblina in on -sale licensed nremises.
2. The organization must have beP_n i.n existence in
• Brooklvn Center for at least three vears.
i
Brooklyn Center City Ordinance
• Page 2
Chapter 23
3. The organization must contribute a sianificant amount
of its proceeds from lawful aamblina to lawful purposes
within the City of Brooklvn Center. For purposes of
this ordinance, the word "significant" is defined as
over ninetv nernent (90 %) when averaged over a three
vear period.
A. The organization must file a list containing the names
and addresses of all, current members with the police
department on an annual basis.
5. The organization must file pull -tab financial reports
monthlv with the police department.
6. The organization must exhibit and sell pull -tabs in a
method as reauired by the Citv..
7. Workers or manaaers may not divulae the number of or
the dollar amount of the winners at anv time.
8. Workers or manaaers shall not co- minale aame cards.
• 9. The oraanization shall, comply with all the provisions
of Minnesota Statutes Chapter 349.
10. The oraanization shall register . with the State Gambling
Board all equipment and supplies used in a licensed on-
sale establishment.
11. The charitable oraanizat.on shall not use a pull -tab
which does not ret_i to the players a minimum
percentage of 754 norr a maximum percentage of 80% which
percentage shall include free nlays awarded.
12. The charitable oraanization will be responsible for the
booth and other eauipment used in the operation of
pull -tabs.
13. No may oraanization
. _ ..,_ have a pull -tab sale operation in
more than one premises in the Citv: except that
oraanizations may be authorized to continue to conduct
the same number of aambl.ina operations as are lawfullv
in existance on the effective date of this ordinance.
14. The oraanization must nav the Citv of Brooklvn Center
an investiaation fee of 5250.00 per vear.
•
I
Brooklyn Center City Ordinance
• Page 3
Chapter 23
Section 23 -1903
SEVERABILITY
Every section, provision or part of this Chanter is declared
separable from every other sect_.i.,on, provision or part to the
extent that if anv section. provision or part of this Chapter
shall be held invalid. such holdina shall not invalidate anv
other section, provision or part thereof.
Section 23 -1904 PENALTIES
Anv Berson violati ncr any prgvisi.on of this ordinance shall
be quilts of a misdemeanor, and upon conviction thereof, shall be
punished by a fine of not more than seven hundred dollars
($700.00) and imprisonment for not more than ninetv (90) days, or
both, toaether with the cost of prosecution.
SECTION 2. This ordinance shall become effective after
adoption and upon thirty (30) days following its legal
publication.
Adopted this day of , 1987.
•
Dean Nyquist, Mayor
ATTEST:
Darlene Weeks, City Clerk
Date of Publication
Effective Date
(Underline indicates new matter, brackets indicate matter to be
deleted.)
}in
• CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held -on the
day of 1987 at .m,
at - the City Hall, 6301 Shingle Creek Parkway, to consider the
amendment to Chapter 11 -of the City Ordinances involving liquor
license establishments.
Auxiliary aids for handicapped persons are available upon request
at least 96 hours in advance. Please contact the Personnel
Coordinator at 561 -5440 to make arrangements.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 11 OF THE CITY
ORDINANCES REGARDING LIQUOR LICENSE
ESTABLISHMENTS
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
SECTION 1. Sections 711 and 717 of Chapter 11 of the City
Ordinances are amended with the following language:
Section 11 -711. CONDITIONS OF LICENSE.
• 17. No licensee shall keep, possess, or operate or permit
the keeping, possession, or operation of any gambling
device or apparatus on the - licensed premises, and he
shall not permit any gambling therein[.] , whether or
not licensed by the state. except that pull -tabs may be
sold on licensed premises when such activitv is
licensed by the state pursuant to Minnesota Statute,
Chanter 349, anci conducted pursuant to the reaulations
contained in this ordinance.
Section 11 -717 GAMBLING REGULATIONS.
1. Onlv licensed charitable non - profit oraanizations that
have been in existence in Brook1.vn Center for at least
three vears and who contribute the majority of null -tab
proceeds for lawful nurnoses within the Citv of
Brooklvn Center may be allowed to sell null -tabs on the
premises.
?. Use of the licensed premises shall be by means of a
written lease aareement between the licensee and the
charitable oraanization. The lease shall be for a term
of at least one vear; a copv shall be filed with the
police department, and also a copv must be kept on the
premises and available for public inspection upon
request. Leases shall be aoverned by the followincT:
•
• Brooklyn Center City Ordinance
Page 2
Chapter 11
A. Maximum rent that may be charaed is $100.00 per
week.
B. Rental navments may not be based on a percentage
of profits from aamblina.
C. The charitable oraanization may not reimburse the
licensee for anv license fees or other aamblina
related expenses incurred by the licensee.,
D. The onlv form of aamblina that shall be permitted
on the licensed premises shall be pull -tabs
approved by the state.
E. Pull -tabs shall onlv be sold from a booth used
solelv by the charitable oraanization, and pull -
tabs shall neither ' be sold by employees of the
licensee nor sold from the bar service area.
• F. The construction and maintenance of the booth used
by the charitable oraanization shall be the sole
responsibility of the charitable organization.
G. The lease shall contain a provision nermittina the
licensee to terminate the lease if the charitable
oraanization is found auiltv of anv violation of
state or local aamblina statutes, ordinances or
rules and regulations.
3. Onlv one charitable oraanization shall be permitted to
sell pull -tabs on the licensed premises.
4. The licensee may not. he reimbursed by the charitable,
oraanization for anv l_icense or permit fees, and the
onlv compensation which the licensee may obtain from
the charitable organization is the rent fixed in the
lease agreement.
5. The licensee must com to a minim of twentv -five
25) hour of sales of n ull_ - tabs_ for the charitable,
oraanization per week.
6. The licensee sh.a be responsi fr, th e charitable
oraanization' s� condizrt. of -,el 1 i.nq rill 1 -tabs . The Citv
Council may suspend for a period up t s ixty (60) days
• or revoke the li censee's permission to allow aamblina
• Brooklyn Center City Ordinance
Page 2
Chapter 11
on the premises for anv violation of state or local
ctamblina laws or reaul.ations that occur on the premises,
by anyone incl th e license o r the charitable_
organization. Anv violat.i,nn may also be considered by
the Citv Council a arounds for suspension or,
revocation of the on -sale liquor license.
SECTION 2. This ordinance shall become effective after
adoption and upon thirty (30) days following its legal
publication.
Adopted this day of , 1987.
Dean Nyquist, Mayor
• ATTEST:
Darlene Weeks, City Clerk
Date of Publication
Effective Date
(Underline indicates new matter, brackets indicate matter to be
deleted.)
•
August 24, 1987. He pointed out a public hearing was opened on August 24, 1987,
• and has since been continued because the final plat has not been filed. The
City Manager stated the final plat has still not been filed, but staff is {
recommending approval of this second reading. He assured the Council a building
permit would not be issued until a final plat is filed.
Mayor Nyquist inquired if there was anyone present who wished to speak at the
public hearing regarding An Ordinance Amending Chapter 35 of the City Ordinances
Regarding the Zoning Classification of Certain Land. No one requested to speak
and he entertained a motion to close the public hearing.
There was a motion by Councilmember Hawes and seconded by Councilmember -Scott to
close the public hearing on An Ordinance Amending Chapter 35 of the City
Ordinances Regarding the Zoning Classification of Certain Land. The motion
passed unanimously.
ORDINANCE NO. 87 -13
Member Bill Hawes introduced the following ordinance and moved its adoption:
AN ,,ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING
CLASSIFICATION OF CERTAIN LAND
The motion for the adoption of the foregoing ordinance was duly seconded by
member Celia Scott, and the motion passed unanimously.
The City Manager presented An Ordinance Amending Chapter 23 of the City
• Ordinances Regarding Charitable Gambling. He noted this item is offered this
evening for a first reading. Councilmember Theis stated he had some concerns
with regard to item No. 3 under Section 23 -1902. He stated he would like a
further explanation of "lawful purposes ". The City Manager stated the Council
could approve this ordinance for a first reading this evening and change the
wording before the second reading. He noted the next item on the agenda, An
Ordinance Amending Chapter 11 of the City Ordinances Regarding Liquor License
Establishments, is presented in conjunction with this ordinance. He stated
either both ordinances should be passed for a first reading or denied the first
reading this evening.
There was a motion by Councilmember Lhotka and seconded by Councilmember TJhe
to approve for first reading An Ordinance Amending Chapter 23 of the
Ordinances Regarding Charitable Gambling and setting a public hearing date
October 26, 1987, at 7:30 p.m. The motion passed unanimously.
There was a motion by Councilmember Lhotka and seconded by Councilmember S
to approve for first reading An Ordinance Amending Chapter 11 of the Ordinances Regarding Liquor License Establishments and setting a public hea
date for October 26, 1987, at 7:30 p.m. The motion passed unanimously.
PUBLIC HEARINGS
Mayor Nyquist opened the meeting for the purpose of a public hearing on proposed
assessments for 1986 and 1987 diseased shade tree removal costs. He inquired if
there was anyone present who wished to speak at the public hearing. No one
requested to speak and he entertained a motion to close the public hearing.
•
9 -14 -87 -6-
0
u
M & C No. 87 -17
September 23, 1987
FROM THE OFFICE OF THE CITY MANAGER
SUBJECT: Charitable Gambling Regulations
To the Honorable Mayor and City Council:
At the City Council's first reading of the ordinance establishing
charitable gambling regulations, the Council expressed concern
about the section regulating the types of purposes the proceeds
from such gambling could be used. In one of the initial drafts
the statement "charitable purposes" was used and in the approved =;_}
first reading version the words "lawful purposes" were used.
The City Council expressed concern that they did not understand_
what '.'lawful purposes were." Attached please find a copy of the
state law section. which defines lawful purposes. The staff
changed the wording from charitable purposes to lawful purposes
_because by definition charitable purposes is far more.restrictive
:' • in what the funding, can be used for than is lawful purposes.
Charitable 'under,' state statutes does not include "nonprofit"
purposes or organizations. You will recall receiving.a list of
projects that have been funded - by the Lions over the last few
i years. We estimate that between 50% and 75% of those projects
would not qualify under -the label of charitable. If the Council
concludes.that the lawful purposes definition under the statute
is too broad, it is legally possible to be more restrictive.
However, staff is of the opinion that using the charitable
purposes definition would probably be far more restrictive than
the Council intends. For example, the Boy Scouts, the City band,
and other similar projects the Lions contribute to, are not
charitable organizations but they are nonprofit and governmental
organizations.
I hope this information addresses your expressed concerns.
Respectfully submitted,
Gerald G. Sp inter
City Manager
• attachment
p
• CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the
26th day of October , 1987 at 7:30 .m.
at the City Hall, 6301 Shingle Creek Parkway, to consider the
addition of a new section to Chapter 23 of the City Ordinances
involving charitable gambling.
Auxiliary aids for handicapped persons are available upon request
at least 96 hours in advance. Please contact the Personnel
Coordinator at 561 -5440 to make arrangements.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY
ORDINANCES REGARDING C:HARITA.BLE GAMBLING
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
SECTION 1. Sections 1900 through 1904 are hereby added to
Chapter 23 of the City Ordinances, with the following language:
• Section 23 -1900 STATEMENT OF POLICY
The Citv of Brooklvn Centp_r c3PPmG it. desirable to reaulate
lawful aamblincr within i.t.s ;'risdir_t_ir)n as authorized by
Minnesota Statutes, Section 349.213.
Section 23 -1901 DEFINITIONS
The definitions in Minnesota Statut.p 3_49 are adopted by
reference in this chapter. -
Section 23 -1902 PULL -TABS SALE IN ON -SALE PREMISES
The sale of bull -tabs in on -sale licensed uremises shall be
conducted by cni'al,ified and state licensed charitable
organizations. In addition to satisfvina the qualifications set
forth in Minnesota Statutes, Chanter 349, the following
recrulations and qualifications must be complied with by all such
charitable organizations:
1. The sale of null -tabs shall be the onlv authorized form
of gambling in on -sale licensed premises.
2. The craanization must have been in existence in
Brooklvn Center for at least three vea=s.
Brooklyn Center City Ordinance
Page 2
Chapter 23
3. The organization must contribute a significant. amount
Of its proceeds from lawful aamblina to lawful nursoses
within the Citv of Brooklvn Center. For purposes of
this ordinance, the word "significant" is defined as
over ninety percent f90%1 when averaaed over a three
vear period.
4. The organization must file a list containing the names
and addresses of all current members with the police
department on an annual basis.
5. The organization must file bull -tab financial retorts
monthly with the police department.
6. The organization must exhibit and sell bull -tabs in a
method as reauired by the City.
7. Workers or managers may not d i_vulae the number of or
the dollar amount nf t winners a t anv time.
8. Workers or managers shall not cn- mingle name cards.
• 9. The oraanizat shall comply wit all the provisions
of Minnesota Statutes C.bapter 349.
10. The or ganization s h,:k11 rea;ster with the State Gambling,
Board all erni men t and sup pl de-, il in a licensed on-
sale establishment.
11. The charitable organization shall not use a null -tab
which does not return to the slavers a minimum
percentage of 75% nor a maximum nercentaae of 80% which
Dercentaae shall include free nlays awarded.
12. The charitable oraanization will be responsible for the
booth and other equipment used in the operation of
null -tabs.
13. No organization may have a pull -tab sale operation in
more than one premises in the Citv; except that
oraanizations may be authorized to continue to conduct
a
the same number of aamblin operations as are lawfully
in existance on the effective date of this ordinance.
14. The oraanization must nav the Citv of Brooklvn Center
an investigation fee of S250.00 Der vear.
Brooklyn Center City Ordinance
Page 3
• Chapter 23
Section 23 -1903 SEVERABILITv
Every section, provision or mart of this Chanter is declared
separable from every other sec -ti.on. nrovision or hart to the
extent that if anv sec tion, provisio �or part of this Chapter
shall be held inval such holding shall nc_t invalidate anv,
other section, nrovision or hart thereof.
Section 23 -1904 PENALTIES
Anv person violating anv Prnvi c- slon of this ordinance shall
be c ruilty of a misdeme and upo onvict t hereof, shall be
punished by a fine of not more than seven hundred dollars
(S700.00) and impr. fo not mcr tha ni netv (90 da ys, or
both, toctether with the cost of prosecution.
SECTION 2. This ordinance shall become effective after
adoption and upon thirty (30) days following its legal
publication.
Adopted this day of 1987,
•
Dean Nyquist, Mayor
ATTEST:
Darlene Weeks, City Clerk
Date of Publication
Effective Date
(Underline indicates new matter, brackets indicate matter to be
deleted.)
•
I '
• M E M O R A N D U M
TO: CHARLIE LeFEVERE
FROM: CORRINE HEINE 0
DATE: SEPTEMBER 21, 1987 -
RE: BROOKLYN CENTER GAMBLING ORDINANCE
The Brooklyn Center city council is considering the adoption
of an amendment to its gambling ordinance. The amendment would
require that a specific percentage of the licensed organization's
profits be spent for lawful purposes within Brooklyn Center. The
city council asked our office to determine whether the phMse
"lawful purpose" should be defined in the ordinance. The phrase
• "lawful purpose" is defined by state gambling laws. See Minn.
Stat. §349.12, subd. 11, as amended by 1987 Minn. Laws, ch. 327,
§2 (copy attached). Because state law provides a definition of
"lawful purpose ", the ordinance does not need to define the term,
unless the city wishes to restrict the purposes for which
gambling profits may be spent.
0007ME02.G48
•
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i87 1926 1927 LAWS of MINNESOTA for 1987 Ch. 327
r i
diem authorized for state CHAPTER 327— H.F.No. 169
15.059, subdivision 3; or
An act relating o law
g ful gambling; providing for representation of horsepersons con -
oremiums on behalf of a tracting with a licensee; including payment of taxes as a lawful purpose; increasing the
ber, or agent of an o ni- percentage of profits that may be used for necessary expenses; changing requirements for
her, or agent of the organi distributors allowing the board to summarily suspend licenses under certain conditions;
ation as a director, officer, providing for a limit on the number of bingo occasions which an organization may conduct
ization or employee benefit in a week, and the number of occasions which may occur on any site in a week- authorizing
arred by the person in or the board to adopt rules restricting the amount of rent charged by organizations; prohibiting
local units of government from requiring organizations to make certain expenditures; mak-
12, is amended by adding a ing various technical changes; amending Minnesota Statutes 1986, sections 240.13, subdivi-
sion 5:349.12, subdivisions 11, 12, 13, and 15; 349.14; 349.15; 349.151, subdivision 3, and by
adding a subdivision; 349.161, subdivisions 3, 5, and 7,• 349.162, by adding subdivisions;
Pt as otherwise provided in 349.17, subdivisions I and 2; 349.18, subdivisions 1 and 3; 349.19, subdivision 3; 349.21; and x
npensation as a member of 349.213, subdivision 1.
d under sections 447.31 to BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: '
:ion by that ep rson if the act
of the e rson's responsibili- Section 1. Minnesota Statutes 1986, section 240.13, subdivision 5, is amended
Le willful l or reckless miscon-
to read: t
Subd. 5. PURSES. (a) From the amounts deducted from all pari- mutuel
,m,, eral for a breach of pools by a licensee, an amount equal to not less than five percent of all money in
all pools must be set aside by the licensee and used for purses for races conduct-
ed by the licensee. The commission may by rule provide for the administration
n federal law, or and enforcement of this subdivision.
Lem i's express contactual (b From the money set aside for up rses, the licensee shall pay to the
borseperson's organization representing the majority of the horsepersons Mein
:d to limit the liabilit of a the breed involved and contracting with the licensee with respect to purses and
,on of another or for wron ul the conduct of the acing meetings and providing representation, benevo-
-ie board member. lent programs, benefits, and services for horsepersons and their on -track employ-
ees, an amount, sufficient to ep rform these services, as may be determined by
mDensation" means an thing agreement bj the licensee and the horseperson's organization. The amount paid
may be deducted only from the money set aside for purses to be paid in races
for the breed represented by the horseperson's organization. With respect to
red; ra cing meetings where more than one breed is racin the licensee may contract
independently with the horseperson's organization representing each breed rac-
p_er diem authorized for state i_g
tion 15.059, subdivision 3; or i
Sec. 2. Minnesota Statutes 1986, section 349.12, subdivision 11, is amended
tnce premiums on behalf of a read:
to Subd. 11. "Lawful purpose" means one or more of the following: (a)
benefiting persons by enhancing their opportunity for religious or educational Z
87 and 1 to claims arisin advancement, by relieving or protecting them from disease, suffering or distress,
-- �-- a �Y— by contributing to their physical well -being, by assisting them in establishing
themselves in life as worthy and useful citizens, or by increasing their compre-
hension of and devotion to the principles upon which this nation was founded;
nt b orikeeut Changes or additions are indicated by underline deletions by strAwevt.
d, r
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�:.' - _ - i�c;b: ,1r .:�•�� _ iyk v::c, >,;,,.:." •�_N<j�.�_'`�+= ma ^-tY� ,r±!•. y ; " F ' � , f �•�`^•�
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Ch. 327 LAWS of MINNESOTA for 1987 r 1928
(b) initiating, performing or fostering worth g
g y public works or enabling or fur-
thering the erection or maintenance of public structures; (c) lessening the burdens
borne by government or voluntarily supporting, ,� <-- �'�:' -,' y augmenting or supplementing
services which government would normally render to the people; or (d) the
� improving, expanding, maintaining or repairing real property owned or leased
organization by an or � a ment of taxes imposed under this chanter, and
x....�- - .
other taxes imposed hy the state or the United States on re ceipts from lawful
aMblin
Lawful Purpose" does not include the erection or acquisition of any real
•. �:,,;.; _*`,. property, unless the board specifically authorizes the expenditures after finding
that the property will be used exclusively for one or more of the purposes
specified in this clause.
Sec. 3. Minnesota Statutes 1986, section 349.12, subdivision 12, is amended
to read:
tg Subd. 12. "Organization" means any fraternal, religious, veterans, or other
nonprofit organization which has been in existence for at )east three years and
has at least 15 active members
Sec. 4. Minnesota Statutes 1986, section 349.12, subdivision 13, is amended
to read:
-a-� - Subd. 13. "Profit" means the gross receipts collected from lawful gambling,
less reasonable sums necessarily and actually expended for prizes eftd tmes
ifftPesed by +his ehaptef.
Sec. 5. Minnesota Statutes 1986, section 349.12, subdivision 15
•- �� , is amended
ended
read:
Subd. 15. "Gambling equipment" means: bingo cards and devices for
selecting bingo numbers, pull-tabs, tieket jets L tickets. paddlewheels, and
tipboards.
Sec. 6. Minnesota Statutes 1986, section 349.14, is amended to read:
349.14 ORGANIZATION MAY CONDUCT LAWFUL GAMBLING;
LICENSE.
.:... An organization may conduct lawful gambling if it hft been in e9kissene fff
VA lead wee years, lft e4 ke-M 4-3 aeiiN =ices, has a license to conduct
lawful gambling from the board and complies with this chapter.
x. Sec. 7. Minnesota Statutes 1986, section 349.15, is amended to read:
349.15 USE OF PROFITS.
- Profits from lawful gambling may be expended only for lawful purposes or
expenses as authorized at a regular meeting of the conducting organization.
Changes or additions are indicated by underline deletions by strikeeut
._.� ;,�,.� �'� r` � .r��': � +,���a,., ,.... c.., .' -' � _ .t�0a.+.,;+k'- r. y� �.r• �kt'��us� i-' _ .�• _
CITY OF BROOKLYN CENTER
• Notice is hereby given that a public hearing will be held on the
26th day of October , 1987 at 7 :30 -P M.
at the City Hall, 6301 Shingle Creek Parkway, to consider the
amendment to Chapter 11 of the City Ordinances involving liquor
license establishments.
Auxiliary aids for handicapped persons are available upon request
at least 96 hours in advance. Please contact the Personnel
Coordinator at 561 -5440 to make arrangements.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 11 OF THE CITY
ORDINANCES REGARDING LIQUOR LICENSE
ESTABLISHMENTS
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
SECTION 1. Sections 711 and 717 of Chapter 11 of the City
Ordinances are amended with the following language:
Section 11 -711. CONDITIONS OF LICENSE.
17. No licensee shall keep, possess, or operate or permit
the keeping, possession, or operation of any gambling
• device or apparatus on the licensed premises, and he
shall not permit any gambling therein[.] , whether or
not licensed by the state. except that null -tabs may be
sold on licensed nre_mises when such activity is
licensed by the state pursuant to Minnesota Statute,
Chanter 349, and conducted nursuant to the regulations
contained in this ordinance.
Section 11 -717 GAMBLING REGULATIONS.
1. Onlv licensed charitable non - nrofit organizations that
have been in existence in Brooklvn Center for at least
three vears and who contribute the malcrity of null -tab
proceeds for lawful nurnoses within the City of
Brooklvn Center_ rav he allowed to sell null -tabs on the
premises.
2. Use of the licensed premises shall be by means of a
written lease aareemPnt_ hetw_e_en the licensee and the
g
charitable oranization ThP lease shall be for a term
of at least one year: a nnnv shall be filed with the
police department, and a1s_o a cony must be kent on the
premises and available for nublic inspection upon
request. Leases shall he cTnverned by the following:
•
Brooklyn Center,City ordinance
• Page 2
Chapter 11
A. Maximum rent that, mF�v be cha rged is 5100.00 ner
week.
B. Rental n ayments may no t he based on a nercentaae
of profits from aamblincr.
C. The charitable craanization may not reimburse the
licensee for any license fees or other aamblincr
related expenses incurred by the licensee.
D. The only form of gamb]. in_a that shall be permitted
on the licensed -remises shall be pull -tabs
annroved by the state.
E. Pull -tabs shall only be sold from a booth used
solelv by the charitable organization, and null -
tabs shall neither be sold by emplovees of the
licensee nor sold from the bar service area.
F. The constrsction and maintenance of the booth used_
by the charitable organization shall be the sole
• responsibility of the charitable organization.
G. The lease shall . contain a provision nermittina the
licensee to tP.rm i_nate the lease if the charitable
anization is fond guilty of anv violation of
state or local aamhl.na statutes, ordinances or
rules and recrulations .
3. only one charitable organization shall be permitted to
sell pull -tabs on the 1,Z.censed premises.
A. The licensee may not be reimbursed by the charitable
organization for anv license or hermit fees, and the
only compensation which the licensee may obtain from
the charitable organization is the rent fixed in the
lease agreement.
5. The licensee must commit to a minimum of twenty -five
(25) hours of sales of pull -tabs for the charitable
organization per week.
6. The licensee shall be responsible for the charitable
organization's conduct of selling null -tabs. The City
Council may suspend for a period un to sixty (60) days
or revoke the licensee's nermission to allow gambling
•
Brooklyn Center City Ordinance
• Page 2
Chapter 11
on the tiremises for any violatic_n of state or local
aambli laws or rernllatio * hat - nrr,i on the premises
by any i.ncl the licensee o r the charitable
oraanizat.ion. Anv-vintat= m also be considered by
the C ity Coun cil a- -2 g rounds f nr suspe or
revocation of the on-sale l.icruor license.
SECTION 2. This ordinance shall become effective after
adoption and upon thirty (30) days following its legal
publication.
Adopted this day of 19
Dean Nyquist, Mayor
• ATTEST:
Darlene Weeks, City Clerk
Date of Publication September 24, 1987
Effective Date
(Underline indicates new matter, brackets indicate matter to be
deleted.)
•
. RESOLUTION ORDERING A PUBLIC HEARING ON A RESOLUTION OF INTENT TO ORGANIZE '
COLLECTION OF REFUSE WITHIN THE CITY OF BROOKLYN CENTER AND INVITING THE
PARTICIPATION OF INTERESTED PERSONS IN PLANNING AND ESTABLISHING THE ORGANIZED f
COLLECTION SYSTEM
The motion for the adoption of the foregoing resolution was duly seconded by
member Celia Scott, and the motion passed unanimously.
The City Manager presented a Resolution Authorizing a Project under Minnesota
Statutes 462C and the Issuance of First Mortgage Elderly Housing Revenue Bonds
to Finance the, Project (Maranatha Housing Project). Councilmember Lhotka said
he removed this item from the consent agenda to vote against it.
RESOLUTION NO. 87 -200
Member Bill Hawes introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING A PROJECT UNDER MINNESOTA STATUTES 462C AND THE ISSUANCE
OF FIRST MORTGAGE ELDERLY HOUSING REVENUE BONDS TO FINANCE THE PROJECT
The motion for the adoption of the foregoing resolution was duly seconded by
member Celia Scott, and the motion passed with Councilmember Lhotka opposed.
ORDINANCES
The City Manager presented An Ordinance Amending Chapter 23 of the City
Ordinances Regarding Charitable Gambling, noting this ordinance was first read
on September 14, 1987, published in the City's official newspaper on September
• 24, 1987, and is offered this evening for a second reading.. He added this
should be considered concurrently with An Ordinance Amending Chapter 11 of the
City Ordinances Regarding Liquor License Establishments, which was first read on
September 14, 1987, published in the City's official newspaper on September 24,
1987, and is offered this evening for a second reading also.
Councilmember Hawes said he received a letter from Bob Spies of the Lions Club,
who said there are ten to twelve potential sites for pull tab operations in the
City; Councilmember Hawes asked if this is accurate. The City Manager responded
affirmatively, saying each facility with a liquor license is eligible. Mayor
Nyquist said Mr. Spies could not be at the meeting this evening, but he requests
a grandfather clause for the Lions Club to include three locations. The City
Manager said there should be special action authorizing a third site or the
ordinance approval should be delayed. Councilmember Lhotka said he is having a
hard time understanding why three sites are needed. Councilmember Theis said he
was not in support of this when it started, but would feel comfortable if the
wording were changed to say if another organization wants one of the three
locations, the Lions Club should be willing to give up one of its locations. He
suggested laying over this item so the proper wording can be developed on item
13 of the ordinance. The City Manager suggested a public hearing be held first.
Councilmember Hawes asked for clarification on which site would be given up if
an organization is allowed to begin with three sites.
Mayor Nyquist opened the meeting for the purpose of a public hearing on An
Ordinance Amending Chapter 23 of the City Ordinances Regarding Charitable
C _L26 -87 -6-
I
Gambling and inquired if there was anyone present who wished to speak at the
• public hearing. No one requested to speak and he entertained a motion to close
the public hearing or continue it to the next meeting.
There was a motion by Councilmember Theis and seconded by Councilmember Hawes to
continue the public hearing on An Ordinance Amending Chapter 23 of the City
Ordinances Regarding Charitable Gambling to the November 9, 1987, City Council
meeting. The motion passed unanimously.
Mayor Nyquist opened the meeting for the purpose of a public hearing on An
Ordinance Amending Chapter 11 of the City Ordinances Regarding Liquor License
Establishments and inquired if there was anyone present who wished to speak at
the public hearing. No one requested to speak and he entertained a motion to
close the public hearing or to continue the public hearing to the next meeting.
There was a motion by Councilmember Theis and seconded by Councilmember Lhotka
to continue the public hearing on An Ordinance Amending Chapter 11 of the City
Ordinances Regarding Liquor Establishments to the November 9, 1987, City Council
meeting. The motion passed unanimously.
The City Manager presented An Ordinance Amending Chapter 35 of the City
Ordinances to Allow Certain Instructional Uses in the Cl and ClA Zones, noting
this item was first read on September 14, 1987, published in the City's official
newspaper on September 24, 1987, and is offered this evening for a second
reading.
• Mayor Nyquist opened the meeting for the purpose of a public hearing on An
Ordinance Amending Chapter 35 of the City Ordinances to Allow Certain
Instructional Uses in the Cl and ClA Zones and inquired if there was anyone
present who wished to speak at the public hearing. No one requested to speak
and he entertained a motion to close the public hearing.
There was a motion by Councilmember Lhotka and seconded by Councilmember Theis
to close the public hearing on An Ordinance Amending Chapter 35 of the City
Ordinances to Allow Certain Instructional Uses in the Cl and ClA Zones. The
motion passed.
ORDINANCE NO. 87 -14
Member Gene Lhotka introduced the following ordinance and moved its adoption:
AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES TO ALLOW CERTAIN
INSTRUCTIONAL USES IN THE Cl AND ClA ZONES
The motion for the adoption of the foregoing ordinance was duly seconded by
member Celia Scott, and the motion passed unanimously.
The City Manager presented An Ordinance Vacating Part of a Drainage and Utility
Easement along the Northerly Lot Line of Lot 3, Block 3, Donnay's Brook Lyn
Gardens Fourth Addition, noting this item was first read on September 1, 1987,
published in the City's official newspaper on September 24, 1987, and is offered
this evening for a second reading.
•
10 -26 -87 -7-
MEMORANDUM
• TO: Gerald G. Splinter, City Manag g �j�
FROM: Geralyn R. Barone, Personnel Coordinatoro j
DATE: November 6, 1987 i
SUBJECT: An Ordinance Amending Chapter 23 of the City Ordinances
Regarding Charitable Gambling
Based on the request of the city council, City Attorney Charlie
LeFevere has prepared some alternative language for Section 23-
1902, subdivision 13, of the ordinance amending chapter 23
regarding charitable gambling. This language is presented in a
drafted ordinance labelled "Option 2 in-the agenda packet.
•
•
I
• CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the
26th day of October , 1987 at 7:30•m.
at the City Hall, 6301 Shingle Creek Parkway, to consider the
addition of a new section to Chapter 23 of the City Ordinances
involving charitable gambling.
Auxiliary aids for handicapped persons are available upon request
at least 96 hours in advance. Please contact the Personnel
Coordinator at 56i -5440 to make arrangements.
ORDINANCE N0.
AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY
ORDINANCES REGARDING CHARITABLE GAMBLING
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
SECTION 1. Sections 1900 through 1904 are hereby added to
Chapter 23 of the City Ordinances, with the following language:
• Section 23 -1900 STATEMENT OF POLICY
The Citv of Brooklvn Center deems it. desirable to regulate
lawful aamblira within its 1uri -,r_3ir_.t_ as authorized by
Minnesota Statutes, Section 349.213.`
Section 23 -1901 DEFINITIONS
The definitions in Minnesota St_.at_ilte 349 are adopted bv,
reference in this chapter.
Section 23 -1902 PULL -TABS SALE IN ON -SALE PREMISES
The sale of pull -tabs in on -sale licensed premises shall be
conducted by crualified and state licensed charitable
organizations. In addition to satisfvina the crualifications set
forth in Minnesota Statutes, Chanter 349, the following
regulations and crualifications must be complied with by all such
charitable organizations:
1. The sale of pull -tabs shall be the onlv authorized form
of gamblincr in on -sale licensed premises.
2. The crcranization must have been in existence in
Brooklvn Center for at least three years.
Brooklyn Center City Ordinance
Page 2
• Chapter 23
3. The oraanization mii�t cnntribute a sianificant amount
of its proceeds ~_rpm lawfi aamblina to lawful nurroses
within the C'it_v of Rrnnklvn Center. For ourposes of
this ordinance, the�wc,rri "sianificant" is defined as
over n inety nercer {9n�) when averaged over a three
Year neriod.
4. The organi mus f11P a, list containina the names
and addressee of RI current members with the nolice
department on an annual basis.
5. The oraanizati mi.�. -,t fi_1 e mill -tab financial reports
monthlv with the police department.
6. The org anization must exhi bit and sell pull -tabs in a
method as required by the Citv.
7. Workers or managers ma.v not divulge the number of or
the dollar amount of t.hP winners at anv time.
8. Workers or managers shall not co- mingle aame cards.
9. The organizat shall comply wit all the provisions
• of Minnesota Statutes Chapter 349.,
10. The oraanization shall. recrister with the State Gambling
Board all ecrui and suppli used in a licensed on-
sale establishment.
11. The charitable organization shall. not use a pull -tab
which does not return to tha plavers a minimum
percentaae of 75% nor a maximum rnercentacre of 80 which
percentage shall include free nlays awarded.
12. The charitable oraanization wi_11 he resnonsible for the
booth and other ecruipment used ,in the operation of
pull -tabs.
13. No oraanization may have a pull -tab sale operation in
more than one premises in' the City; except that
organizations may be authorized to continue to conduct
the same number of gambling onerations as are lawfully
in existance on the effective date of this ordinance.
14. The organization must nav the Citv of Brooklvn Center``
an investiaation fee of $250.00 per vear.
Brooklyn Center City Ordinance
• Page 3
Chapter 23
Section 23 - 1903 SEVERABILITY
Every section, n provisio nr hart. of t r ;
_ ._ _ _._ this Chap
- -. _ Chante _s declared
separable from every other section, provision or part to the
extent that if anv section, rr��rision or part of this Chapter
shall be held invalid. such h�ldinca shall not invalidate anv
other section, provision or part thereof.
Section 23 -1904 PENALTIES
Anv person vic.latinq a ny provision of this or dinance shall
be cruilty of a misdemeanor. and ii},cn conviction thereof, shall be
punished by a fine of not n.orP_ than seven hundred dollars
($700.00) and imprisonment fir nit mire than ninety (90) days, or
both, together with the cost of prosecution.
SECTION 2. This ordinance shall become effective after
adoption and upon thirty (30) days following. its legal
publication.
Adopted this day of
1987.
•
Dean Nyquist, Mayor
ATTEST: -
Darlene Weeks, City .Clerk
Date of Publication
Effective Date
(Underline indicates new matter, brackets indicate matter to be
deleted.)
•
Option ?.
CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the
day of , 1987 at M.
at the City Hall, 6301 Shingle Creek Parkway, to consider the
addition of a new section to Chapter 23 of the City Ordinances
involving charitable gambling.
Auxiliary aids for handicapped persons are available upon request
at least 96 hours in advance. Please contact the Personnel
Coordinator at 561 -5440 to make arrangements.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY
ORDINANCES REGARDING CHARITABLE GAMBLING
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
SECTION 1. Sections 1900 through 1904 are hereby added to
Chapter 23 of the City Ordinances, with the following language:
• Section 23 -1900 STATEMENT OF POLICY
The City of Brooklvn Center deems it desirable to regulate,
lawful gambling within its - iurisdict.ign as authorized by
Minnesota Statutes, Section 349.213.
Section 23 -1901 DEFINITIONS
The definitions in Minnesota Statute 149 are adopted by
reference in this chapter.
Section 23 -1902 PULL -TABS SALE IN ON -SALE PREMISES
The sale of pull -tabs in on -sale licensed premises shall be
conducted by and state licensed charitable
organizations. In addition to s_at_i -sfvina the rualifications set
forth in Minnesota Statutes. C_h- a n t.er -49, the following'
regulations and qualifications must be complied with by all such
charitable oraanizations:
1. The sale of pull -tabs shall be the onlv authorized form
of aamblina in on -sale licensed premises.
?. The organization must have been in existence in
. Brooklvn Center for at least three vears.
I
Brooklyn Center City Ordinance
• Page 2
Chapter 23
3. The organization must contribute a sianificant amount
Of its proceeds from ,lawful aamblina to lawful purposes
within the Citv of Brooklvn Center. For purposes of
this ordinance. the word "sianificant" is defined as
over ninetv percent (90 %) when averaaed over a three
vear period.
4. The oraanizati must file a list containing the names
and addresses of all rurrent members with the police
department on an annual basis.
5. The organization must file bull -tab financial reports_
monthlv with the police department.
6. The oraanization must exhibit and sell pull -tabs in a
method as required by the Citv.
7. Workers or manaaers may not divulae the number of or
the dollar amount of the winners at anv time.
8. Workers or manaaers shall not co- mingle aame cards.
• 9. The oraanization shall comply with all the provisions
of Minnesota Statutes Chapter 349.
10. The oraanization shall register with the State Gamblina
q
Board all euipment and supplies used in a licensed on-
sale establishment.
11. The charitable organization shall not use a pull -tab
which does not return to the nlave.rs a minimum
percentaae of 75% nor a maximum nercentaae of 80% which
percentage shall include free plays awarded.
12. The charitable organization will be responsible for the
booth and other equipment used in the operation of
pull - tabs.,
13. No oraanization may have a pull -tab sale operation in
more than one premises in the Citv; except that an
oraanization may be authorized to conduct one more than
the number of aamblina operations it is lawfully
�. conductina on the effective date of this ordinance.
14. The oraanization must nav the C,i_ty of Brooklvn Center
an investiaation fee of 5250.00 per vear.
Brooklyn Center City Ordinance
• Page 3
Chapter 23
Section 23 -1903 SEVERABILITY -
Every section. nrovis or cart of this Chanter is-declared
separable from every other section, provision or hart to the
extent that if anv section. nr,ovislcn ca part of this Chanter
shall be held invalid. such holdira sha11. not invalidate anv
other section, provision or part thereof.
Section 23 -1904 PENALTIES
Anv person violating anv rrovi.si of this ordinance shall
be quilts of a misdemeanor. and upon conviction thereof. shall be
punished by a fine of not more than seven hundred dollars
_L$700.001 and im prisonment for not more than „ninety 901 days or
both, toqether with the cost of prosecution.
SECTION 2. This ordinance shall become effective after
adoption and upon thirty (30) days following its legal
publication.
Adopted this day of , 1987.
•
Dean Nyquist, Mayor
ATTEST:
Darlene*Weeks, City Clerk
Date of Publication
Effective Date
(Underline indicates new matter, brackets indicate matter to be
deleted.)
•
/06
CITY OF BROOKLYN CENTER
• Notice is hereby given that a public hearing will be held on the
26th day of October 1987 at 7:30
at the City Hall, 6301 Shingle Creek Parkway, to consider the
amendment to Chapter 11 of the City Ordinances involving liquor
license establishments.
Auxiliary aids for handicapped persons are available upon request
at least 96 hours in advance. Please contact the Personnel
Coordinator at 561 -5440 to make arrangements.
ORDINANCE N0.
AN ORDINANCE AMENDING CHAPTER 11 OF THE CITY
ORDINANCES REGARDING LIQUOR LICENSE
ESTABLISHMENTS
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
SECTION 1. Sections 711 and 717 of Chapter 11 of the City
Ordinances are amended with the following language:
Section 11 -711. CONDITIONS OF LICENSE.
17. No licensee shall, keep, possess, or operate or permit
the keeping, possession, or operation of any gambling
• device or apparatus on the licensed premises, and he
shall not permit any gambling therein[.) , whether or
not licensed by the state. except that null -tabs may be
sold on licensed nr_P_mises when such activity is
licensed by the state rnirsuant to Minnesota Statute.
Chanter 349, and conducted nursuant to the regulations
contained in this ordinance.
Section 11 -717 GAMBLING REGULATIONS.
1. Onlv licensed charitable non- nrofit organizations that
have been in existence in Brooklvn Center for at least
three vears and who contribute the majority of bull -tab
proceeds for lawful nurnoses within the City of
Brooklvn Center may be allowed to sell null -tabs on the
premises.
2. Use of the licensed nremises shall be by means of a
written lease agreement between the licensee and the
charitable organization. The lease shall be for a term
of at least one vear: a conv shall be filed with the
police department, and also a copy must be kent-on the
premises and available for public inspection upon
request. Leases shall he governed by the following:
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Brooklyn Center City Ordinance
Page 2
Chapter 11
A. Maximum rent t.h,�t may be charg is 5100.00 ner
week. - -
B. Rental navme may not be based o n a nercentaae
of profits from aamblina.
C. The charitable o rga nizatio n may not r eimburse the
licensee for any_ license fees or other aamblincr'
related exnenses incilrred by the licensee.
D. The onlv form of aamblina that shall be permitted
on the licensed z)rpmises shall be pull -tabs
approved by the state.
B• Pull -tabs shall only be sold from a booth used
solelv by the charitable organization, and pull -
tabs shall neither be sold by emnlcvees of the
licensee nor sold from the bar service area.
F. The construction and maintenance of the booth used
by the charitable organization shall be the sole
• responsibility of the charitable organization.
G. The lease shall contain a provision nermitting the
licensee to terminate the lease if the charitable
organization is found auilty of anv violation of
state or local aamblina statutes, ordinances or
rules and recrulations.
3_• Only one charitable oraanization shall be permitted to
sell pull -tabs on the licensed premises.
L The licensee may not be reimbursed by the charitable
organization for anv license or permit fees, and the
only compensation which the licensee may obtain from
the charitable organization is the rent fixed in the
lease 'agreement.
5. The licensee must commit to a minimum of twenty -five
(25) hours of sales of pull -tabs for the charitable
organization per week.
6. The licensee shall be responsible for the charitable
organization's conduct of sellina pull -tabs. The Citv
Council may suspend for a period un to sixty (60) days
or revoke the licensee's permission to allow aamblina
• Brooklyn Center City Ordinance
Page 2
Chapter 11
on the premises for anv violation of state or local
aamblina laws or reaulations that ncnur on the premises
by any j_ncludinQ the l icensee or t charitable
organization. Anv v -Z may also be considered by
the City Council a grounds for sus - o ension or
revocation of the on -sale l,icruor license.
SECTION 2. This ordinance shall become effective after
adoption and upon thirty (30) days following its legal
Publication.
Adopted this day of 19
Dean Nyquist, Mayor
• ATTEST:
Darlene Weeks, City Clerk
Date of Publication September 24, 1987
Effective Date
(Underline indicates new matter, brackets indicate matter to be
deleted.)
•
I
RESOLUTION APPROVING VACATION LEAVE AND SICK LEAVE FOR THE ENGINEERING
• TECHNICIAN IV
The motion for the adoption of the foregoing resolution was duly seconded by
member Bill Hawes, and the motion passed unanimously.
LICENSES
There was a motion by Councilmember Scott and seconded by Councilmember Hawes to
approve the following list of licenses:
CHRISTMAS TREE SALES LOT
Midwest Challenge, Inc. P. 0. Box 7364
Osseo Brooklyn Bus Co. 4435 68th Ave. N.
MECHANICAL SYSTEMS
Air One Mechanical.Co. 6317 Welcome Ave. N.
Northwestern Service, Inc. 2296 Territorial Road
SIGN HANGER
Signart Company, Inc. 2535 Pilot Knob Road
The motion passed unanimously.
ORDINANCES
The City Manager presented An Ordinance Amending Chapter 23 of the City
Ordinances Regarding Charitable Gambling and said this ordinance was first read
on September 14, 1987, published in the City's official newspaper on September
• 24, 1987, and a public hearing was opened on October 26, 1987. The public
hearing has been continued to this evening's meeting. He also presented An
Ordinance Amending Chapter 11 of the City Ordinances Regarding Liquor License
Establishments and said this ordinance was first read on September 14, 1987,
published in the City's official newspaper on September 24, 1987, and a public
hearing was opened on October 26, 1987. The public hearing has been continued
to this evening's meeting also. The City Manager said these two ordinances are
interrelated and should be considered together. He said there are
representatives from the Lions Club at this evening's meeting, and the Lions
Club has requested a modification in the ordinance amending Chapter 23 to allow
the Lions Club to have three gambling locations instead of two.
Mayor Nyquist recognized Bob Speis of the Lions Club who said he would like to
have the Lions Club grandfathered in by this ordinance to allow for three
gambling locations because more money will be raised for the community. He
acknowledged there has been concern over monopoly by the Lions Club, but if
there is a problem, the Lions Club would give up one of its three sites. Mr.
Spies said the Lions Club presently has two locations, and the Club is netting
about $9,000 a month. If there are three sites, there will be that much more
money for the community. Councilmember Theis said nothing in the ordinance says
the Lions Club will voluntarily give up one location if asked, but if the intent
is in the minutes, he asked if this will help the City's cause if there is a
problem. The City Manager said it will give the City leverage but not control.
Councilmember Scott said if it came to the point that another organization
wanted one of the Lions Club's locations, the City should have the option of
1
11 -9 -87 -3-
i
• renewing only two of the licenses for the Lions Club at renewal time.
Councilmember Lhotka said he will oppose the allowance of three sites for the
Lions Club, although he does not oppose the Lions Club per say.
There was a motion by Councilmember Scott and seconded by Councilmember Lhotka
to close the public hearings on An Ordinance Amending Chapter 23 of the City
Ordinances Regarding Charitable Gambling and An Ordinance Amending Chapter 11 of
the City Ordinances Regarding Liquor License Establishments. The motion passed
unanimously.
ORDINANCE NO. 87 -17
Member Celia Scott introduced the following ordinance and moved its adoption,
with an amendment to the original ordinance amendment as follows:
AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY ORDINANCES REGARDING CHARITABLE
GAMBLING
The motion for the adoption of the foregoing ordinance was duly seconded by
member Bill Hawes, and the motion passed with Councilmember Lhotka opposed.
ORDINANCE NO. 87 -18
Member Celia Scott introduced the following ordinance and moved its adoption:
AN ORDINANCE AMENDING CHAPTER 11 OF THE CITY ORDINANCES REGARDING LIQUOR LICENSE
ESTABLISHMENTS
• The motion for the adoption of the foregoing ordinance was duly seconded by
member Rich Theis, and the motion passed unanimously.
PLANNING COMMISSION ITEMS
PLANNING COMMISSION APPLICATION N0 87023 SUBMITTED BY JAMES ANDRESCIK
REQUESTING A VARIANCE FROM SECTION 35 -400 OF THE ZONING ORDINANCE TO ALLOW A
ZERO SETBACK FOR AN ATTACHED GARAGE PRESENTLY BUILT OVER THE SIDE PROPERTY LINE
AND A STORM SEWER EASEMENT
PLANNING COMMISSION APPLICATION NO. 87024 SUBMITTED BY JAMES ANDRESCIK
REQUESTING FOR A VARIANCE FROM THE SUBDIVISION ORDINANCE TO ALLOW A LAND
TRANSFER BY METES AND BOUNDS DIVISION RATHER THAN BY FORMAL PLATTING
The City Manager said he received a request from the applicant to table these
applications to the next Council meeting. He said staff would like to discuss
the situation with the City Council and receive comment from it prior to the
next meeting. He suggested the Mayor open the public hearings on these
applications and adjourn the hearings to the next meeting for specific action.
Councilmember Scott asked if there is a problem with the agreement the City has
asked the applicant to sign. The City Manager said agreements similar to this
have been _devise for other development' projects, but the applicant objects to
the amount necessary for the letter of credit.
The Director of Public Works proceeded to review the situation involved here.
He said the locations involved are 5806 and 5812 Halifax Avenue North; the
applicant is trying to sell his home and has found problems with the easements
•
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11 -9 -87 -4-
City Council Agenda Item No. 8h
Code E Sweep
1. Residential Starts Ma y 1St
2. Covers entire City
3. Commercial Starts June 30th
4. Target Completion September 30th
5. Process similar to past years:
1. Written notice of violation with time for correction
2. 2nd written notice if not corrected
3. Citation after 2nd notice
4. Problem properties will receive 1 notice or citation
Code E Swoqp
.......... .... . .. .. . ...
1. Police Department
1. Neighborhood Liaison 763-503-3173
2. May report anonymously
3. If response desired, leave name and number or address and
code enforcement will respond on results of inspection.
4. Info @ci.brooklyn- center.mn.us
Brookdale Area
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Propose
Transit Hub L ocation
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Letter of Agreement
Facility:
- 3,200 square foot
- brick, polished metal, and glass
- climate controlled
- construction of public restrooms
- security cameras
- space for concessions leasing
- construction as soon as practicable
not later than December 2004
Uptown DL Am -----
... . ......... .. . .
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}
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Letter of Agreement Cont.
cit
- no financial obligation
- request legislative delegation withdraw
specific transit hub language from current bills
- agreement on general pick -up points on Bass
Lake Road &Xerxes
i
i
Bathrooms
1. Public Restrooms will be constructed
2. Transit and City look for ways to maximize operation
of bathrooms
1. Concessionaire to assume responsibility if space
rented
3. Restrooms constructed with maximum operating
flexibility
4. Minimum will be access upon request made by patron
to driver