HomeMy WebLinkAbout2003 06-23 CCP Regular Session t
AGENDA
CITY COUNCIL STUDY SESSION
June 23, 2003
6:00 P.M.
Council Commission Conference Room
1. City Council discussion of agenda items and questions
2. Discussion of optional 2:00 a.m. bar closing
3. Miscellaneous
4. Adjourn
To: Mayor Kragness and Council Members Carmody, Lasman, Niesen, and Peppe
From: Michael J. McCaule
City Manager
Date: June 17, 2003
Re: Optional 2:00 a.m. bar cl sing
State law allows cities to permit 2:00 a.m. bar closings. Our current ordinance provides
for a 1:00 a.m. closing. Minneapolis and St. Paul are considering ordinances to allow
2:00 a.m. closing. Staff would recommend that we take no action at this time unless local
proprietors request a change in the ordinance, at which time we could explore the merits
or lack of merits of a 2:00 a.m. closing. We also want to review the matter with the North
Metro Convention & Visitors Bureau and the Earle Brown Heritage Center to see what
their recommendations might be on this matter.
CITY OF
County, Minnesota
RESOLUTION NO.
A RESOLUTION STATING THE CITY COUNCIL'S
SUPPORT FOR AN AMENDMENT TO THE 2003 MINNESOTA PERSONAL PROTECTION
ACT, GIVING CITIES AUTHORITY TO PROHIBIT GUNS ON CITY PROPERTY
WHEREAS, the Minnesota Legislature passed and the Governor signed into law the "Minnesota
Personal Protection Act," in which Minnesota residents, subject to application and qualification, shall be
issued permits to carry guns; and
WHEREAS, the Act provides that owners of private properties may post signs and regulate the
ability of permit holders to carry concealed guns; and
WHEREAS, the Act makes it a crime for permit holders to carry firearms on school property; and
WHEREAS, the law has been interpreted to prohibit cities from restricting permit holders from
carrying concealed guns on municipal property; and
WHEREAS, the Council is required to provide a work environment for employees free from
violence and recognized safety hazards; and
WHEREAS, the Council believes that the safety of users and visitors, including children, will be
enhanced if guns are not brought onto city property; and
WHEREAS, the Council can find no rational justification to distinguish between access by permit
holders to school property and private property and access by permit holders to City property; and
WHEREAS, the greater presence of guns on City property may increase liability and workers
compensation exposure, thereby increasing the cost of government services at a time when city finances are
already severely strained; and
WHEREAS, the Council agrees in concept with the failed amendment to the House File that would
have allowed cities to prohibit concealed guns on public facilities, such as city halls, parks, and recreation
centers; and _
WHEREAS, time is of the essence for legislators to reconsider and amend the Act for the public
safety of public employees and users of public facilities,
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of , that
it supports an amendment to the Minnesota Personal Protection Act, to allow cities to regulate the
ability of permit holders to carry guns on city property, by giving cities the ability to effectively ban
guns on city property and the right to post signs stating, "THE CITY OF BANS
GUNS IN CITY HALL OR ON CITY -OWNED PROPERTIES."
Adopted , 2003
Attest:
City Clerk Mayor
i
Public Copy
• CITY COUNCIL MEETING
City of Brooklyn Center
June 23, 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. June 9, 2003 - Study Session
2. June 9, 2003 - Regular Session
b. Licenses
C. Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees
d. Resolution Accepting Bid and Awarding a Contract, Improvement Proj ect No. 2003-
• 09, for Lift Station No. 3 and 4 Control Cabinets
• CITY COUNCIL AGENDA -2- June 23, 2003
8. Presentation from HLB Tautges Redpath, Ltd
a. Resolution Accepting Comprehensive Annual Financial Report of the City of
Brooklyn Center for the Calendar Year Ended December 31, 2002
-Requested Council Action:
- Motion to adopt resolution.
9. Council Consideration Items
a. Resolution Expressing Recognition and Appreciation for the Dedicated Public
Service of Cathy Hennessy
-Requested Council Action:
- Motion to adopt resolution.
b. Resolution Expressing Appreciation to St. Alphonsus Home and School Association
for Their Donation of $75 for the D.A.R.E. Program
- Requested Council Action:
- Motion to adopt resolution.
C. Proclamation Declaring Community Activities, Recreation and Services (CARS)
• Week July 13 Through 19, 2003
-Requested Council Action:
- Motion to adopt proclamation.
d. Resolution Adopting Fee Schedule for Electrical Permits
- Requested Council Action:
- Motion to adopt resolution.
e. An Ordinance Amending Sections 34 -110 and 34 -140 of the Brooklyn Center Code
of Ordinances Relating to Sign Regulations
- Requested Council Action:
- Motion to approve first reading and set second reading and public hearing on
July 28, 2003.
10. Adjournment
•
City Council Agenda Item No. 7a
• MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
STUDY SESSION
JUNE 9, 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, Community Development Director Brad Hoffman, Director of Public
Works /City Engineer Todd Blomstrom, and Deputy City Clerk Maria Rosenbaum.
CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS
• Council discussed City Council Agenda Items 7b, Licenses; 7c, Approval of a Temporary Beer
License Application for City of Brooklyn Center - Dudley Softball Tournament; 8a, Planning
Commission Application No. 2003 -008 Submitted by Nor -Web LLP; 9b, An Ordinance Pertaining to
the Licensing of Rental Units in the City of Brooklyn Center; and 9g, Resolution Authorizing an
Agreement with Osseo School District No. 279 for Vacating an Existing Storm Sewer Easement at
Garden City Elementary.
During the discussions of the above - mentioned agenda items it was discussed that:
The number of rental units should be included with licensing renewal approvals.
All things are being addressed with Planning Commission Application 2003 -008.
The original draft of the ordinance pertaining to the licensing of rental units reviewed by the Council
had an incorrect mean average of calls for service per unit. Community Development Director Brad
Hoffman suggested that the Council might wish to consider amending the ordinance to .61 calls per
unit to allow the City a more defensible position if this process were challenged in court.
It is believed that the traffic pattern will not change for the area in Planning Commission Application
2003 -008.
•
06/09/03 -1- DRAFT
The section regarding firearms and dangerous weapons in the rental ordinance needs to be in •
conformity with the new Legislation.
School District No. 279 will be assessing the risk in vacating an existing storm sewer easement at
Garden City Elementary School; and there were no water problems associated with the vacating of
an existing storm sewer easement at Garden City Elementary.
DISCUSSION OF CITY SIGN ORDINANCE PROHIBITING FLASHING SIGNS
City Manager Michael McCauley discussed that the City received a request from Culver's asking for
the City to consider modifications to the City's Sign Ordinance. Mayor Kragness questioned if the
sign currently operating at Culver's has the option of revolving messages.
Chad Liston from Culver's informed the Council that the sign they currently have can revolve
messages; however, most of the Culver's use scrolling messages.
It was the consensus of the Council to have staff consider modifications to the City's Sign
Ordinance.
MISCELLANEOUS
Councilmember Niesen questioned the process that would be used for the rental ordinance item since
she believes not all of her questions have been answered. Mr. McCauley discussed that the current •
rental license holders and the Association for Rental Management (ARM) were notified of the
proposed amendments to the rental ordinance and about the meeting this evening to provide public
comment. The Council will open the meeting for public comment and make a decision on whether to
introduce the proposed ordinance amendments as is or make a motion to modify the ordinance after
the public comment process.
Council further discussed the Shoreline Grant for Twin Lake Park. Mayor Kragness informed that
she is not in favor due to the cutbacks for other parks and the budget issues the City is facing at this
time.
Councilmember Niesen asked if she could take action on getting a sign in the Council Chambers.
She would like something indicating Brooklyn Center during live broadcasts. Mr. McCauley
informed the Council that the City's Sign Shop is looking to see if they would be able to prepare a
sign with silver letters to cover the wall behind the Council seats.
Councilmember Niesen inquired about an e -mail regarding Firehouse Park. Mr. McCauley informed
that Lieutenant Kevin Benner was going to have the park monitored to see if they can enforce
curfew.
•
06/09/03 -2- DRAFT
ADJOURNMENT
•
A motion by Councilmember Lasman, seconded by Councilmember Carmody to adjourn the Study
Session at 6:38 p.m. Motion passed unanimously.
City Clerk Mayor
•
•
06/09/03 -3- DRAFT
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL •
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
REGULAR SESSION
JUNE 9, 2003
CITY HALL - COUNCIL CHAMBERS
1. INFORMAL OPEN FORUM WITH CITY COUNCIL
CALL TO ORDER INFORMAL OPEN FORUM
The Brooklyn Center City Council met in Informal Open Forum at 6:39 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, Community Development Director Brad Hoffman, Community
Development Specialist Tom Bublitz, Director of Public Works /City Engineer Todd Blomstrom,
City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum.
Jeff Blanchette, 4821 Twin Lake Avenue, addressed the Council to discuss his concerns and •
problems with the water runoff from the Wicks Development. He informed the Council that he has
been in contact with the previous City Engineers and that he has not heard back from the current City
Engineer. Mayor Kragness suggested that Director of Public Works /City Engineer Todd Blomstrom
set up a meeting with Mr. Blanchette to review the areas of concern.
Councilmember Niesen expressed concern about dioxins and questioned if the Department of
Natural Resources would be investigating this water runoff. City Manager Michael McCauley
responded that there had been reports indicating there were no dioxins in the water runoff.
Councilmember Niesen indicated that she would like to know for sure that there are not dioxins in
the water runoff and that she would like a report back after Mr. Blomstrom reviews the areas.
ADJOURN INFORMAL OPEN FORUM
A motion by Councilmember Lasman, seconded by Councilmember Carmody to adjourn the
Informal Open Forum at 6:48 p.m. Motion passed unanimously.
2. INVOCATION
Mayor Kragness offered the Invocation.
•
.06/09/03 -1- DRAFT
I
• 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, Director of Public Works /City Engineer Todd Blomstrom, Community
Development Director Brad Hoffman, Planning and Zoning Specialist Ron Warren, City Attorney
Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum.
5. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
6. COUNCIL REPORT
Councilmember Carmody reported that she attended a meeting on teen pregnancy and the Earle
Brown Days Committee meeting. She was asked to announce that there would be an Arts and Crafts
Event held on Saturday, June 28, 2003, as part of Earle Brown Days.
• Councilmember Lasman reported that she attended the
p Northwest Regional Human Rights Coalition
meeting on June 3, 2003.
Councilmember Niesen reported that she attended the Annual Association of Metropolitan
Municipalities meeting and the Park and Recreation Commission meeting on June 3, 2003.
Mayor Kragness reported that she had attended the Association of Metropolitan Municipalities
monthly meeting. She informed that the Metropolitan Council has renamed the Blueprint 2030 to
Framework 2030.
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 with the removal and repositioning of Consent Agenda Items, 7b,
Licenses; and 7e, Resolution Approving Appraised Values for Properties in a Pending Condemnation
Action, Mississippi Riverbank Protection Project, Improvement Project No. 1999 -11; to Council
Consideration Items 9i and 9j. There was an amendment suggested for the May 27, 2003, Study
Session minutes and presented to the Council at the Study Session. That amendment was acceptable
and will be made to the official recorded minutes. Motion passed unanimously.
•
06/09/03 -2- DRAFT
7a. APPROVAL OF MINUTES •
A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve the
minutes of May 19, 2003, joint work session with Financial Commission and May 27, 2003, study
and regular sessions. Motion passed unanimously.
7b. LICENSES
This item was removed from the Consent Agenda and repositioned as Council Consideration Item 9i.
7c. APPROVAL OF A TEMPORARY BEER LICENSE APPLICATION FOR
CITY OF BROOKLYN CENTER - DUDLEY SOFTBALL TOURNAMENT
A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve a
temporary beer license for the City of Brooklyn Center. Motion passed unanimously.
7d. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE
REMOVAL OF DISEASED TREES
RESOLUTION NO. 2003 -93
Councilmember Lasman introduced the following resolution and moved its adoption:
RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF •
DISEASED TREES
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Carmody. Motion passed unanimously.
7e. RESOLUTION APPROVING APPRAISED VALUES FOR PROPERTIES IN
A PENDING CONDEMNATION ACTION, MISSISSIPPI RIVERBANK
PROTECTION PROJECT, IMPROVEMENT PROJECT NO. 1999 -11
This item was removed from the Consent Agenda and repositioned as Council Consideration Item 9j.
8. PLANNING COMMISSION ITEMS
8a. PLANNING COMMISSION APPLICATION NO. 2003-008 SUBMITTED BY
NOR -WEB LLP. REQUEST FOR A SPECIAL USE PERMIT TO
CONSTRUCT AN OFF -SITE ACCESSORY PARKING LOT FOR THE
EVANS NORDBY FUNERAL HOME LOCATED AT 6000 BROOKLYN
BOULEVARD. THE PLANNING COMMISSION RECOMMENDED
APPROVAL OF THIS APPLICATION AT ITS MAY 29, 2003, MEETING.
06/09/03 -3- DRAFT
•
• City Manager Michael McCauley discussed that Planning Commission Application No. 2003 -008
submitted by Nor -Web LLP is requesting a special use permit to construct an off -site accessory
parking lot for the Evans Nordby Funeral Home located at 6000 Brooklyn Boulevard.
A motion was made by Councilmember Lasman to approve Planning Commission Application No.
2003 -008 subject to the conditions recommended by the Planning Commission.
Councilmember Carmody informed that she had a question regarding the parking for the funeral
home. She wanted to know if the parking meets the standard requirements since she has had to park
on the street while attending a funeral. Planning and Zoning Specialist Ron Warren addressed the
Council to discuss that the parking for the funeral home does meet the standard requirements and
that there is one space for every three seats. He continued reviewing Planning Commission
Application No. 2003 -008 and informed that the Planning Commission recommended approval of
Planning Commission Application No. 2003 -008 subject to the following conditions:
1. Grading, drainage, and utility plans are subject to review and approval by the City
Engineer prior to the issuance of permits for the final construction of the off site
parking lot.
2. A site performance agreement and supporting financial guarantee in an amount to be
determined based on cost estimates shall be submitted prior to the issuance of permits
for the parking lot.
• 3. An underground irrigation system shall be installed in all landscaped areas to
facilitate site maintenance.
4. B -612 curb and gutter shall be provided around all parking and driving areas as
required by the City Engineer.
5. The applicant shall submit an as built survey of the property, improvements and
utility service lines prior to release of the performance guarantee.
6. A special use permit is granted for an off site accessory parking lot serving the Evans
Nordby Funeral Home consistent with Section 35 -701, Subdivision 3a — 3g. Any
expansion or alteration of this plan not comprehended by the Zoning Ordinance or
this plan shall require an amendment to this special use permit.
7. This special use permit is subject to all applicable codes, ordinances and regulations.
Any violation thereof shall be grounds for revocation.
8. Appropriate erosion and sediment control devices shall be provided on site during
construction as approved by the City Engineering Department.
9. The approved plans shall be modified to provide:
• 06/09/03
-4- DRAFT
a. Concrete delineator /protectors at the north end of the row of parking and along •
the south side of the driveway leading to Brooklyn Boulevard.
b. Extended board on board fencing to the south to include the existing Evans
Nordby lot.
c. Landscape screening of the parking lot from the residential property on the
opposite side of Brooklyn Boulevard.
d. Changes to coincide with the recommendations of the Director of Public
Works /City Engineer.
e. Parallel parking spaces at the north end of the lot of 24 ft. in length rather than 20
ft.
10. The applicant shall within one year of the date of the approval of this special use
permit replat the two existing parcels identified as That part of Lot 40, Auditor's
Subdivision No. 216, Hennepin County, Minnesota, lying North of the South 613.12
feet thereof, Together with the North 76.64 feet of the South 613.12 feet of Lot 40,
Auditor's Subdivision No. 216, Hennepin County, Minnesota into a single parcel to
be in compliance with Section 35 -540 of the Zoning Ordinance.
11. A cross access and parking agreement in a form approved by the City Attorney shall
be developed between the off site accessory parking lot and the existing funeral home
property to be filed with the titles to the properties at Hennepin County.
Mayor Kragness questioned why there had been so much green space left and if that green space area •
could be used for more parking. Mr. Warren discussed that area had been left leaving space open for
expansion of the funeral home in the future.
Councilmember Niesen questioned if the concerns raised by a resident regarding sight/sound impact,
traffic flow impact, and storm water drainage impact had been considered and satisfactorily met. Mr.
Warren responded that all issues had been satisfactorily met with the Planning Commission.
Councilmember Lasman restated her motion to approve Planning Commission Application No.
2003 -008 subject to the above mentioned conditions recommended by the Planning Commission,
seconded by Councilmember Carmody. Motion passed unanimously.
8b. PLANNING COMMISSION APPLICATION NO. 2003-009 SUBMITTED BY
LANEL CROSSING LIMITED PARTNERSHIP. REQUEST FOR SITE AND
BUILDING PLAN APPROVAL TO CONSTRUCT A 19,070 SQ. FT., TWO -
STORY ADDITION TO THE EXISTING APARTMENT BUILDING
LOCATED AT 6201 LILAC DRIVE NORTH. THE PLANNING
COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT
ITS MAY 29, 2003 MEETING.
06/09/03 -5- DRAFT
•
I�
• Mr. McCauley discussed that the request from Paul Brewer on behalf of Lanel Crossing Limited
Partnership for site and building plan approval to construct a 19,070 square foot two story addition to
the existing apartment building located at 6201 Lilac Drive North had one additional issue that
would create potential re- alignment of roadway. This issue would be under a separate proposal and
would be requesting the City to reestablish a connection of Lilac Drive North at Fremont and 62 °a
Avenues.
Mr. Brewer addressed the Council to outline his request and to inform the Council that he had
conversations with the Public Works Department and the Police and Fire Departments about
reestablishing a connection of Lilac Drive North and that they seem to be in favor of that option.
A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve Planning
Commission Application No. 2003 -009 subject to the following conditions:
1. The building plans are subject to review and approval by the Building Official with
respect to applicable codes prior to the issuance of permits.
2. Grading, drainage, utility and erosion control plans are subject to review and
approval by the City Engineer prior to the issuance of building permits.
3. A site performance agreement and supporting financial guarantee in an amount to be
determined based on cost estimates, shall be submitted prior to the issuance of
• building permits to assure the completion of site improvements.
4. The applicant shall submit an as -built survey of the property, improvements and
utility service lines prior to the release of the performance guarantee.
5. The applicant shall provide appropriate erosion and sediment control devices on site
during construction as approved by the City Engineering Department.
6. B -612 curb and gutter shall be provided around the new parking facility.
7. Any outside trash disposal facilities and rooftop or on ground mechanical equipment
shall be appropriately screened from view.
Motion passed unanimously.
9. COUNCIL CONSIDERATION ITEMS
9a. PROCLAMATION DECLARING JUNE 20, 2003, AS NATIONAL SMALL
CITIES AND TOWNS DAY
Mayor Kragness read the Proclamation Declaring June 20, 2003, as National Small Cities and Towns
• Day.
06/09/03 -6- DRAFT
A motion by Councilmember Lasman, seconded by Councilmember Carmody to adopt Proclamation •
Declaring June 20, 2003, as National Small Cities and Towns Day. Motion passed unanimously.
9b. AN ORDINANCE PERTAINING TO THE LICENSING OF RENTAL UNITS
IN THE CITY OF BROOKLYN CENTER
Mr. McCauley discussed that the proposed ordinance reflects the direction received from the Council
in 2002 and the review of that direction by the Housing Commission. He asked that Community
Development Director Brad Hoffman discuss his suggestion of changing the proposed Section 12-
913.1 from .51 calls per unit to .61 calls per unit.
Mr. Hoffman addressed the Council to inform that staff had been requested to develop some measure
for apartment complexes with the number of calls for service. As currently drafted, the amendment
defines excessive calls for service as .51 calls per unit on an annual basis. The number is derived as
the mean average number of calls for all complexes during 2002. The time period for determining
the mean average for a complex is the twelve months prior to the two (2) months before the rental
license expires. The calls used to create or determine the mean average are those calls set forth in
Section 12 -913 of the proposed ordinance. It should be noted that the original draft of the ordinance
that was reviewed by the Council used the incorrect mean average of .41 calls for service per unit.
The net result of using the correct mean average is that four fewer complexes would be required to
have a provisional license requirement. He suggested that the Council might want to consider
changing the .51 calls per unit to .61 calls per unit to give the City a more defensible position if this
process were challenged in court. The Council might also want to give further consideration to the •
provisional license fee. Properties requiring a provisional license routinely cost the City monies in
the enforcement of the City's ordinances. Mr. Hoffman recommended that the Council consider
doubling the fee of the regular license.
Councilmember Peppe questioned if the apartment managers would be responsible for all calls
counted. Mr. Hoffman responded that the apartment managers would be responsible for all calls
counted.
Mayor Kragness questioned if there are other cities using similar rental ordinances. Community
Development Specialist Tom Bublitz informed the Council that the City of New Brighton was the
first city to adopt a rental ordinance of this nature and that this proposed ordinance for Brooklyn
Center was modeled after the City of New Brighton's. Mr. Bublitz discussed that he had recently
met with the New Brighton Police Chief and that the rental ordinance that New Brighton adopted has
been a positive process and is creating a manageable level. Other cities with rental ordinances are
Richfield, Brooklyn Park, and Eagan.
Councilmember Niesen asked Mr. Hoffinan where he sees the deficiency with the current ordinance.
Mr. Hoffman responded that the current ordinance is aimed at the tenant and that this proposed
ordinance is designed to get past individual complaints and to the complexes as a whole.
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06/09/03 -7- DRAFT
A motion by Councilmember Lasman, seconded by Councilmember Carmody to open the meeting
for public comment. Motion passed unanimously.
Gary Brummer, 507 70 Avenue North, River Glen Apartments, addressed the Council to express
concern about the proposed ordinance and the issue of him losing his rental license because of an
average of ten calls per month. City Attorney Charlie LeFevere informed that the proposed
ordinance does not state that a person will lose their license because of a certain number of calls.
The proposed ordinance adds a clause that requires a provisional license as outlined in Section 12-
913. This section of the proposed ordinance can be tailored to one single tenant and should address
specific problems. Mr. Brummer discussed that he believes this proposed ordinance will take time
for landlords and the time taken will drop the value of rental properties.
Councilmember Carmody expressed that she believes the proposed ordinance is needed for the
problem rental properties. The problem rental properties are causing the City a lot of money and she
is concerned about the costs.
Councilmember Niesen discussed that she has issues with the proposed rental ordinance; however,
she agrees with the public safety and disagrees with the methods.
Councilmember Peppe expressed that the proposed ordinance will allow the Council to work with
the management to focus on the problems. If the problems are resolved, the properties will be more
marketable.
Mr. Brummer questioned what if someone turned into his property to have an altercation and the
police were called. Mayor Kragness reminded that some of the issues are dealt case by case and that
if the altercation were not with one of his tenants he would not be penalized for that call.
Councilmember Niesen asked that someone explain Section 12 -912. No Retaliation. Mr. LeFevere
discussed that the intent of this clause is to specify that the licensee shall not evict, threaten to evict,
or take any other punitive action against any tenant by reason of good faith calls made by a tenant.
He informed that this requirement is to State Law.
Councilmember Peppe expressed concern about this area and questioned if the good faith calls
would be determined by the City Manager. Mr. McCauley discussed that the calls would be counted
in a fashion that would allow him to determine if several calls could be considered as one.
Jerald Fenstad, representing Lang Nelson and his own eleven -unit rental property (Northbrook LLC),
addressed the Council to discuss the differences in calls with the two rental properties and to express
that he believes the proposed ordinance should not be passed. He does not want a provisional license
and believes that the Council should work with property owners and have a public hearing in two
years to discuss how things are progressing. He continued discussions regarding types of calls and
asked that the Council consider working with rental properties without a provisional license.
06/09/03 -8-
Councilmember Peppe expressed that he believes that the type of calls need to be focused on the
more serious calls. Councilmember Carmody reminded that safety calls are not calls that would be
counted for the clause in the provisional license.
Don Kasbohm, Owner of Riverwood Estates, addressed the Council to express that he believes the
Council does not need to run rental properties and that the rental owners are doing a good job. He
stated there has to be to another way. Mayor Kragness asked what he would suggest. Mr. Kasbohm
suggested more building code violations and better enforcement. Councilmember Peppe informed
that the Council is trying to accomplish designing something for those who do not correct the
problems at rental properties. Mr. Kasbohm stated, ticket the tenants don't come after the
management.
Councilmember Niesen questioned if there would be more harm with a provisional license. Mr.
LeFevere discussed that the provisional license applies to behavior and that the current ordinance is
not changing. The mitigation plan is to help with reducing the problems at rental properties.
Deb Bechman, PBC Management (Unity Place), addressed the Council to express concern about the
selection criteria, data privacy act, Section 8, and to inform that she believes the problem rental
properties should be the approached. Council discussed issues raised by Ms. Bechman and Mayor
Kragness informed that the plan does not require names for the provisional license.
Ms. Bechman questioned the cost of a provisional license. Councilmember Carmody responded that
the cost would be set by resolution and has been suggested twice the amount of a rental license.
The Council recessed at 9:02 p.m. and reconvened at 9:10 p.m.
Councilmember Lasman reminded that the Council is trying to make Brooklyn Center a better place
to live and that this proposed ordinance is one more tool that will be helpful.
Councilmember Peppe suggested that the Council meet with the Association for Rental Management
(ARM) and State Representatives before the public hearing to discuss all the issues involved with
this matter. He believes that the State Representatives need to be involved to discuss some of the
laws that are trumped. Mayor Kragness reminded that the ARM had already discussed this proposed
ordinance and that the item was on the agenda for public comment and approval of first reading. She
suggested approving the first reading and setting up a meeting with ARM and State Representatives.
Art Bannman, Partner Evergreen Park, addressed the Council to discuss that he believes this
proposed ordinance should not be passed and that the bad management should be gone after.
Bob with Evergreen Park Management addressed the Council to inform that he and his wife started
cleaning up their property in 1993 with the help of the City and Police Department. If this proposed
ordinance were passed he would be telling his tenants not to call the police. Mayor Kragness
suggested that they do not tell tenants not to call the police.
06/09/03 -9-
John Miesen, Attorney for Brookside Manor, addressed the Council to express that his client
applauds the Council for what they are trying to accomplish and to ask that the Council be careful
about adopting this proposed ordinance. He asked that the Council focus on what the landlords can
control, not what they cannot control. He suggested leaving the framework in place, reviewing the
discretion of the City Manager, and creating a program instead of a provisional license.
Mark Yelich, Housing Commission Chair, addressed the Council to outline the 7 -0 vote
recommending the proposed ordinance by the Housing Commission and that the Housing
Commission consists of residents living in Brooklyn Center. He discussed that he believes there is a
misunderstanding with the number of calls and that the vast majority of rental units will not
recognize the amendments proposed.
Donald Caswell, Don Kasbohm's Dad, addressed the Council to consider that rental management is
not around the properties after 5:00 p.m. or weekends.
Councilmember Niesen asked where the three - strike rule was located in the current ordinance. Mr.
LeFevere informed that it is Section 12 -911.
Councilmember Niesen expressed that she believes there has been a lot of good feedback and that
she would like to have more discussion on the proposed ordinance.
Councilmember Lasman suggested considering the .61 calls for service for apartments under 100
units and .51 for apartments over 100. She believes this would be a comprise and yet still keeps it
constrictive.
A motion Councilmember Lasman, seconded by Councilmember Carmody to close the public
comments. Motion passed unanimously.
A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve first
reading and set second reading and public hearing on July 14, 2003.
Councilmember Niesen questioned this process. Mayor Kragness discussed that this would be
setting the second reading and public hearing. In the meantime a meeting could be held to discuss
the comments made this evening.
Mr. McCauley suggested that the Council might wish to table this item instead of introducing the
ordinance and calling for the public hearing if they are going to consider making amendments. This
would save on having to republish the ordinance if changes are made.
Councilmember Lasman withdrew her motion to approve the first reading and set second reading and
public hearing on July 14, 2003.
06/09/03 -10-
Councilmember Carmody questioned what more input would make this ordinance acceptable.
Councilmember Peppe discussed that some good landlords will be penalized and he would like to get
the State Representatives involved to seek help with some laws that take leverage. He does not
disagree with trying to improve the quality or the number of calls for service; however, he is not sure
what direction everyone is going.
A motion was made by Councilmember Lasman, seconded by Councilmember Carmody to table this
item to the July 28, 2003, meeting. Motion passed unanimously.
Councilmember Carmody requested that in the meantime she would like to get specifics or examples
of calls.
9c. SHORELINE GRANT FOR TWIN LAKE PARK
Mr. McCauley discussed concerns with this project and that the Council needs to make a decision by
June 13, 2003, in order to receive the grant. He outlined the materials provided by staff discussing
the plantings and the maintenance along with the ten -year agreement.
Mayor Kragness asked if the City had applied for this grant. Mr. McCauley informed that it was the
Shingle Creek Watershed Management Commission that had applied for the grant. Councilmember
Niesen informed the Council that she had a letter that the City Manager had signed expressing
interest in participating with this project. She distributed the copy along with a copy of a letter from
the Minnesota Department of Natural Resources (DNR) clarifying the involvement with the project.
Councilmember Niesen expressed that she believes the Council needs to vote to improve this park.
The residents want it and she does not see any negativity with the project.
Councilmember Carmody questioned why the residents that attended the meeting regarding this
project did not volunteer to help with the project. Councilmember Niesen responded that there was
no effort in getting the volunteers at the meeting.
Mayor Kragness discussed in regards to the information she had received about the project; and the
financial constraints the City is facing; she would not be in favor of approving this project.
Councilmember Niesen informed that she believes that the information received about the project
was incorrect.
Director of Public Works /City Engineer Todd Blomstrom discussed that the information he prepared
is directly written from the grant materials and that the estimates for the time involved are estimates
only. He reminded the Council that if the project was approved and later the volunteers backed out
or did not like the appearance, there is no provision to back out.
Mayor Kragness informed that she had received phone calls that were negative about the project.
06/09/03 -11-
• Councilmember Niesen stated that she would volunteer for the project and begged that the Council
accept the grant.
Councilmember Peppe asked what would happen and who would be replacing the plantings if the
plants are destroyed when watercrafts launch at the beach. Councilmember Niesen believes that the
DNR said they would replace the plants.
Councilmember Carmody discussed that the previous letter distributed by Councilmember Niesen
regarding Mr. McCauley's interest with the project was written last year in October and informed
that she cannot support this proj ect at this time. There are parks that have no bathrooms and with the
recent budget issues, there are other parks not getting funding.
Councilmember Niesen expressed that there has been little money spent on Twin Lake Park and the
park needs this project.
Bud Sorenson, Park and Recreation Commission Chair, addressed the Council to recap the meeting
that was held regarding the project. He discussed that the Park and Recreation Commission was in
favor of this project; however, the costs, on going cost, and volunteers are what they wanted the
Council to consider. He wished to point out that if the area were to be come more attractive, there
would be more people coming to the area and that is something to keep in mind.
Mr. McCauley questioned if there was a page two from the letter that Councilmember Niesen had
• distributed and who had signed the letter. Councilmember Niesen said that the letter came from Neil
Vanderbosen with the DNR and that she was not aware of a page two.
Mr. McCauley suggested that since Councilmember Niesen had indicated that the watershed would
undertake the responsibility for coordinating volunteers to do the plantings and maintenance
anticipated, the Council might wish to consider the project if the Shingle Creek Watershed
Management Commission would agree to hold the City harmless from any of the obligations relative
to planting, maintenance, and watering of the project. If the Council wishes to have the City
Attorney draft something to hold the City harmless under the grant agreement, he could direct him to
do so.
Councilmember Peppe stated that he would like the City held harmless from damage to the plantings
and that he would be in favor of this project if the conditions recommended were accepted.
A motion by Councilmember Niesen, seconded by Councilmember Peppe to accept the grant under
the condition that the City be held harmless from any of the obligations relative to planting,
maintenance, watering of the project, and from damage done to the plantings. Motion passed
unanimously.
A motion by Councilmember Niesen, seconded by Councilmember Carmody to extend the meeting
to 11:30 p.m. Motion passed unanimously.
• 06/09/03 -
-12 DRAFT
9d. QWEST CONTRACTS FOR MAIN SERVICE FOR TELEPHONE SYSTEMS S
LOCATED AT CITY HALL /COMMUNITY CENTER, POLICE, EARLE
BROWN HERITAGE CENTER, AND POINT TO POINT VOICE/DATA
CONNECTIONS FOR PUBLIC WORKS GARAGE /CITY HALL AND
EARLE BROWN HERITAGE CENTER/CITY HALL
Mr. McCauley discussed that Information Technology Coordinator Patty Hartwig had been
reviewing telephone services. As outlined in her materials she recommends the consideration of
entering into five -year contracts with Qwest for main service for telephone systems located at City
Hall /Community Center, Police, and Earle Brown Heritage Center; and five -year contracts for Point
to Points at the Public Works Garage and Earle Brown Heritage Center. This would be a savings of
approximately $16,000 annually starting in June 2003.
A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve the five -
year contracts. Motion passed unanimously.
9e. AN ORDINANCE GRANTING CENTERPOINT ENERGY MINNEGASCO, A
DIVISION OF CENTERPOINT ENERGY RESOURCES CORPORATION, A
DELAWARE CORPORATION, ITS SUCCESSORS AND ASSIGNS, A
NONEXCLUSIVE FRANCHISE TO CONSTRUCT, OPERATE, REPAIR
AND MAINTAIN FACILITIES AND EQUIPMENT FOR THE
TRANSPORTATION, DISTRIBUTION, MANUFACTURE AND SALE OF
GAS ENERGY FOR PUBLIC AND PRIVATE USE AND TO USE THE •
PUBLIC WAYS AND GROUNDS OF THE CITY OF BROOKLYN CENTER,
MINNESOTA, FOR SUCH PURPOSE; AND, PRESCRIBING CERTAIN
TERMS AND CONDITIONS THEREOF
Mr. McCauley discussed that this ordinance is on the agenda for approval of first reading and to set
second reading and public hearing on July 14, 2003. This ordinance provides that the City may
impose a franchise fee pursuant to State Law. The ordinance itself does not result in a franchise fee,
but rather creates the ability to adopt a franchise fee ordinance, if the Council would determine at
some other date to impose a franchise fee.
A motion by Councilmember Lasman, seconded by Councilmember Niesen to approve first reading
and set second reading and public hearing on July 14, 2003. Motion passed unanimously.
9f. CODE ENFORCEMENT REPORT
Mr. McCauley reported that as of May 27, 2003, the east side of the City is nearly 70 percent
complete for first inspections; the southwest portion of the City is nearly 40 percent complete for
first inspections; and the northwest area will be completed by both Neighborhood Liaisons. The first
inspections for the entire City should be completed by June 15, 2003. The second round of
inspections had started with an anticipated completion date of June 30, 2003. As outlined in the
materials, the total number of violations was 455 with a total number of 521 letters issued.
•
06/09/03 -13- DRAFT
• 9g. RESOLUTION AUTHORIZING AN AGREEMENT WITH OSSEO SCHOOL
DISTRICT NO. 279 FOR VACATING AN EXISTING STORM SEWER
EASEMENT AT GARDEN CITY ELEMENTARY SCHOOL
Mr. McCauley discussed that the resolution would authorize an agreement with Osseo School
District No. 279 to allow a building permit to be issued prior to easement vacation. The agreement
will include stipulations that the Council provides no commitments to approve the easement vacation
request at this time and that the School District assumes all financial and other liabilities if the
request for easement vacation is denied.
RESOLUTION NO. 2003 -94
Councilmember Lasman introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING AN AGREEMENT WITH OSSEO SCHOOL DISTRICT NO. 279
FOR VACATING AN EXISTING STORM SEWER EASEMENT AT GARDEN CITY
ELEMENTARY SCHOOL
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Carmody. Motion passed unanimously.
9h. RESOLUTION AUTHORIZING AND DIRECTING THE TRANSFER OF
• FUNDS FROM THE GENERAL FUND TO THE INFRASTRUCTURE
CONSTRUCTION FUND
Mr. McCauley discussed that this resolution would provide for an equity transfer from the General
Fund to the Infrastructure Construction Fund to transfer monies to support the ongoing street
reconstruction program initiated by the Council.
RESOLUTION NO. 2003 -95
Councilmember Lasman introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING AND DIRECTING THE TRANSFER OF FUNDS FROM THE
GENERAL FUND TO THE INFRASTRUCTURE CONSTRUCTION FUND
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Carmody. Motion passed unanimously.
9i. LICENSES
This item was removed from the Consent Agenda. Councilmember Niesen had requested this item
to be removed to discuss; however, she had her questions answered during the rental ordinance
• discussion.
06/09/03 -14- DRAFT
A motion by Councilmember Carmody, seconded by Councilmember Lasman to approve the •
following list of licenses. Motion passed unanimously.
MECHANICAL
Anderson Heating and A/C 4347 Central Avenue NE, Columbia Heights
Michals HHH Inc. 2779 161 Avenue NW, Anoka
Minnesota Gaslight Inc. 7866 University Avenue NE, Fridley
RENTAL
Renewal:
3612 55 Avenue North Lutheran Social Service
132963 rd Lane North Ann Rockler Jackson
Melrose Gates Apartments Soderberg Apartment Specialists
River Glen Apartments Gary Brummer
Initial:
130072 nd Avenue North Marinela and Scott Selseth
6777 Humboldt Avenue North Andrey Ryvlin
9j. RESOLUTION APPROVING APPRAISED VALUES FOR PROPERTIES IN
A PENDING CONDEMNATION ACTION, MISSISSIPPI RIVERBANK
PROTECTION PROJECT, IMPROVEMENT PROJECT NO. 1999 -11
This item was removed from the Consent Agenda. Councilmember Niesen had requested this item •
to be removed to discuss the process for condemnation actions. Mr. McCauley and Mr. LeFevere
outlined the process. She questioned who had done the appraisals and if the appraisals were
available. Mr. Blomstrom informed that Orion Appraisals Inc. had performed the appraisals and that
they were present.
RESOLUTION NO. 2003-96
Councilmember Lasman introduced the following resolution and moved its adoption:
RESOLUTION APPROVING APPRAISED VALUES FOR PROPERTIES IN A PENDING
CONDEMNATION ACTION, MISSISSIPPI RIVERBANK PROTECTION PROJECT,
IMPROVEMENT PROJECT NO. 1999 -11
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Carmody. Motion passed unanimously.
06/09/03 - •
6 9/03 -15 DRAFT
• 10. ADJOURNMENT
There was a motion by Councilmember Lasman, seconded by Councilmember Carmody to adjourn
the City Council meeting at 11:12 p.m. Motion passed unanimously.
City Clerk Mayor
•
• 06/09/03 -16-
DRAFT
•
City Council Agenda Item No. 7b
OX City of Brooklyn Center
A Millennium Community
TO: Michael J. McCauley, City Manager
FROM: Maria Rosenbaum, Deputy City Clerk
DATE: June 18, 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 June 23, 2003.
AMUSEMENT DEVICE OPERATOR
Americinn Motel and Suites 2050 Freeway Boulevard
Best Western Inn 1501 Freeway Boulevard
Brookdale Center 1108 Brookdale Center
Brooklyn Center Community Center 6301 Shingle Creek Parkway
Brooklyn Center Legion 6110 Brooklyn Boulevard
Centerfields 1501 Freeway Boulevard
Comfort Inn 1600 James Circle North
• Davanni's 5937 Summit Drive
Denny's Restaurant 6405 James Circle North
Earle Brown Lanes 6440 James Circle
Family Dollar Store #4514 6223 Brooklyn Drive
Family Dollar Store #5110 210557 1h Avenue North
MCTO 6845 Shingle Creek Parkway
Thunder Alley 5930 Earle Brown Drive
GARBAGE HAULER
Ace Solid Waste, Inc. 6601 McKinley Street NW, Ramsey
BFI Waste Systems P.O. Box 39, Circle Pines
Walz Brothers P.O. Box 627, Maple Grove
MECHANICAL
Corporate Mechanical 5114 Hillsboro Avenue North, New Hope
Fireside Hearth & Home 2700 Fairview Avenue North, Roseville
SIGN HANGER
All -Brite Sign Inc. 13325 Commerce Boulevard, Rogers
x'301 Shingle Creek Parkway Recreation and Community Center Phone &TDD Number
Brooklyn Center, MN 55430 -2199 (763) 569 -3400
City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434
FAX (763) 569 -3494
www.cityofbrooklyncenter.org
•
City Council Agenda Item No. 7c
• MEMORANDUM
DATE: June 17, 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.
•
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL
OF DISEASED TREES
WHEREAS, a Notice to Abate Nuisance and Diseased Tree Removal Agreement has
been issued to the owners of certain properties in the City of Brooklyn Center giving the owners
twenty (20) days to remove diseased trees on the owners property; and
WHEREAS, the City can expedite the removal- of these diseased trees by declaring
them a public nuisance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn
Center, Minnesota that:
1. The diseased trees at the following addresses are hereby declared to be a public
nuisance:
TREE
PROPERTY OWNER PROPERTY ADDRESS NUMBER
---------------------------------------------------------------------------------------------
LEROY & PATRICIA DIGATONO 4040 LAKESIDE AVE 45
RALPH JOHNSON 5440 BRYANT AVE N 46
TIMOTHY KAPPEL 5813 DUPONT AVE N 47
BRENDA & TERCIO DE DOUZA 6218 LILAC DR N 48
DMITRIY & HELENA POPOV 6415 BRYANT AVE N 49A
NANCY IMIG 6407 BRYANT AVE N 49B
VICENTA GOMEZ & SANTOS JAIMES 6430 COLFAX AVE N 50
ROXANNE ROULEAU 6824 EMERSON AVE N 51
CLARENCE & HAWA FAIKAI 6800 BEARD AVE N 52
MOUND CEMETERY 3515 69 AVE N 53
TRAITEN GUNDERSON 630 58 AVE N 54
DARCI GALVIN 5911 CAMDEN AVE N 55
ROBERT & MARY JANE KRONBERG 5628 EMERSON AVE N 56
KATHERINE & ROBERT GARDNER 3812 BURQUEST LA 57
MARY SIKES 869 70 AVE N 58,59
FRED & ANN GRAVENING 5307 HUMBOLDT AVE N 60
KEVIN & SHERRIE HAMRE 6113 LEE AVE N 61
PAUL SCULLY 5848 ALDRICH AVE N 62,63,64,65,66,67,68,69,70,71
RANDALL & MARY ERATH 281865 TH AVE N 72
TAMMY & WALTER LENOIR 3901 62 AVE N 73
ERIC MEYER 6443 JUNE AVE N 74
GLORIA POINTER 6019 BROOKLYN BLVD 75,76
BOUASONE & SENGCHANH XAYACHAK 2906 NASH RD 77
CITY OF BROOKLYN CENTER SOUTH PALMER PARK 78
DAVID ANDERSON 5316 KNOX AVE N 79
BERNETTE BROWN 5333 JAMES AVE N 80
EMILY MILLER 5510 EMERSON AVE N 81
MARY YOUNG 3919 FRANCE PL 82
RESOLUTION NO.
2. After twenty (20) days from the date of the notice, the property owner(s) will
receive a second written notice providing five (5) business days in which to contest
the determination of the City Council by requesting, in writing, a hearing. Said
request shall be filed with the City Clerk.
3. After five (5) days, f the property owner fails to request a hearing, the tree
) s Y, p pe rtY q g (s ) shall
be removed by the City. All removal costs, including legal, financing, and
administrative charges, shall be specially assessed against the property.
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 g Council Agenda Item No. 7d
0
•
• MEMORANDUM
DATE: June 16, 2003
TO: Michael J. McCauley, City Manager
FROM: Todd Blomstrom, Director of Public Works
SUBJECT: Resolution Accepting Bid and Awarding a Contract, Improvement Project No.
2003 -09, for Lift Station Nos. 3 and 4 Control Cabinets
Bids for Lift Station No. 3 and 4 Control Cabinets were received and opened on May 28, 2003.
The bidding results are tabulated as follows:
Bidder Bid Amount as Submitted
Simon Electric Construction Co., Inc. $ 57,970.00
Telemetry & Process Controls, Inc. $ 69,100.00
Of the two (2) bids received, the lowest bid of $57,970.00 was submitted by Simon Electric
Construction Co., Inc. of New Richmond, Wisconsin. The engineer's estimate for the project was
$80,000.00 as indicated in the Annual Budget for 2003. The engineer's estimate includes
approximately $20,000 for engineering design, system integration work and contingencies for the
project, which is not included in the above bids. Staff is currently reviewing proposals from
qualified firms for the system integration work.
The purpose of the project is to replace the existing control cabinets at two sanitary sewer lift
stations. The new cabinets will replace deteriorating outer cabinet structures at Lift Stations No.
3 and 4. The lift station system controls and alarm components will also be updated under the
construction contract. This project is part of a planned three -year program to replace control
cabinets at a total of six sanitary sewer lift stations.
It is recommended that the City Council approve the attached resolution accepting the low bid
and awarding the Lift Station No. 3 and 4 Control Cabinet contract to Simon Electric
Construction Co., Inc. in the amount of $57,970.00..
adoption: Member introduced the following resolution and moved its
RESOLUTION NO.
RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT,
IMPROVEMENT PROJECT NO. 2003-09, LIFT STATION NOS. 3 AND 4 CONTROL
CABINETS
WHEREAS, pursuant to an advertisement for bids for Improvement Project No.
2003 -09, bids were received, opened, and tabulated by the City Clerk and Engineer on the 28` day of
May, 2003. Said bids were as follows:
Bidder Bid Amount
Simon Electric Construction Co., Inc. $ 57,970.00
Telemetry & Process Controls, Inc. $ 69,100.00
WHEREAS, it appears that Simon Electric Construction Co, Inc. is the lowest
responsible bidder.
• NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that:
1. The Mayor and City Manager are hereby authorized and directed to enter into
a contract with Simon Electric Constrctuion Co., Inc. of New Richmond,
Wisconsin in the name of the City of Brooklyn Center, for Improvement
Project No. 2003 -09, according to the plans and specifications therefore
approved by the City Council and on file in the office of the City Engineer.
2. The City Clerk is hereby authorized an directed to return forthwith to all
bidders the deposits made with their bids, except that the deposit of the
successful bidder and the next lowest bidder shall be retained until a
contract has been signed.
3. The estimated project costs and revenues are as follows:
RESOLUTION NO.
COSTS As Estimated As Amended Per Low Bid
Contract $60,000.00 $57,970.00
Contingency (10 %) $ 6,000.00 $ 5,790.00
Subtotal Construction Cost $66,000.00 $63,760.00
Admin/Legal/Engr. $ 3,000.00 $ 3,000.00
System Integration $11,000.00 $11,000.00
Total Estimated Project Cost $80,000.00 $77,760.00
REVENUES
Sanitary Sewer Utility $80,000.00 $77,760.00
(49251 -6409)
Total Estimated Revenue $80,000.00 $77,760.00
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.
is
City Council Agenda Item No. 8a
Member introduced the following resolution and moved
• its adoption:
RESOLUTION NO.
RESOLUTION ACCEPTING COMPREHENSIVE ANNUAL FINANCIAL
REPORT OF THE CITY OF BROOKLYN CENTER FOR THE CALENDAR
YEAR ENDED DECEMBER 31, 2002
WHEREAS, the City of Brooklyn Center is required by State Statute and
City Charter to annually produce financial statements for submission to the Office of the
State Auditor by June 30; and
WHEREAS, the City of Brooklyn Center is required to provide an
auditor's opinion as to the representations in the annual financial statements; and
WHEREAS, the attached financial statements have been audited by HLB
Tautges Redpath, Ltd. as required; and
WHEREAS, HLB Tautges Redpath, Ltd. opined that the general purpose
financial statements present fairly, in all material respects, the financial position of the
City of Brooklyn Center as of December 31, 2002.
• NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Brooklyn Center that the Comprehensive Annual Financial Report for the City of
Brooklyn Center for the calendar year ended December 31, 2002, is hereby accepted.
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.
s
4
Cit y of
Brooklyn Center
Minnesota
a�
2002 Audit Review
June 23, 2003
ed
Taut es R � ath Ltd.
Member of HLB international . .
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._. HLB
Comprehensive Annual
Financial Report
City's financial statements
♦Independent auditor reports on
44 - the fair presentation of the
financial statements
♦ "Clean opinion" on the 2002
financial statements
♦ Received award from GFOA for
"Excellence in Financial
Reporting"
Member of HLB Intemationai 3 � Teutges Redpath Ltd.,
State Legal
-.
Report
♦
Required b y Minnesota Statute
§6-65
♦ OSA established a task force to
develop audit guide for legal
compliance
♦ Audit guide covers five categories
1) contracting and bidding
2) deposits and investments
3) conflicts of interest
4 p ublic indebtedness
5) claims and disbursement
♦ No compliance findings
Member of HLB international 4 Tautges Redpath, Ltd
Report on Internal Control
♦ Re uired by audit standards
a
s ♦ Based on inquiries and
£a
observations
♦ reportable ortable conditions
�t p
♦
Reportable condition defined as
"significant deficiencies in the design or
operation of the internal control over financial
reporting that would adversely affect the
City's ability to record, process, summarize,
and report financial data
♦ Three reportable conditions noted
— Segregation of duties
— Grant management
— IT security and access
Member of HLB lntemational 5 i autges7 Re pat Ltd
.a
Federal Single Audit
s
♦ Required when City expends more
than $300,000 of federal funds
♦ OMB developed audit guide for
k compliance testing
t
Y k ♦ Audit guide covers eight general
categories
. 1) political activity
2) davis -bacon act
3) civil rights
4) cash management
Yx 5) relocation assistance
6) federal financial reports
7) allowable costs
8) drug -free workplace
♦ No compliance findings for 2002
p
Member of HLB Intemational 6 Tautges RedpatK Ltd
Other Matters
New audit standard for 2003
—SAS 99 — Consideration of Fraud
in a Financial Statement Audit
New accounting standard for
2003
— GASB No. 34 —Basic Financial
Statements for State and Local
Governments
— Required to be implemented for
2003
Memberof HLB lntematlonal 7 � Tautges Redpath Ltd F
c
•
City Council Agenda Item No. 9a
s
•
Member introduced the following resolution and moved its
• adoption:
RESOLUTION NO.
RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE
DEDICATED PUBLIC SERVICE OF CATHY HENNESSY
WHEREAS, Detective Hennessy was hired as a police officer by the City of Brooklyn
Center, Police Department, on July 7, 1975; and
WHEREAS, Detective Hennessy was promoted and served as a Detective since June
10, 1984; and
WHEREAS, Detective Hennessy has received numerous commendations for
outstanding police work; and
WHEREAS, Detective Hennessy has received letters of thanks from numerous
citizens for assistance that she has rendered; and
WHEREAS, her dedicated public service and civic effort for the betterment of the
community merit gratitude of the citizens of Brooklyn Center.
• NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, upon the recommendation of the City Manager, that the Mayor and Council
Members express their deep appreciation to Detective Cathy Hennessy for her 28 years of dedicated
public service.
Date Mayor.
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
•
s
City Council Agenda Item No. 9b
adoption: Member introduced the following resolution and moved its
•
RESOLUTION NO.
RESOLUTION EXPRESSING APPRECIATION TO ST. ALPHONSUS HOME
AND SCHOOL ASSOCIATION FOR THEIR DONATION OF $75 FOR THE
D.A.R.E. PROGRAM
WHEREAS, the St. Al honsus Home and School Association has resented to the
p
p
City a cash donation of $75 and has designated it to the D.A.R.E. Program; and
WHEREAS, the City Council is appreciative of the donation and commends the St.
Alphonsus Home and School Association for its civic efforts.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, upon the recommendation of the City Manager:
1. Acknowledges the donation with gratitude.
2. Appropriates the donation to 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 Council Agenda Item No. 9c
•
e
PROCLAMATION
• DECLARING JULY 13 THROUGH 19, 2003, TO BE
COMMUNITY ACTIVITIES, RECREATION AND SERVICES WEEK
WHEREAS, community activities, recreation and services provided in our community by the
Community Activities, Recreation and Services Department are an integral part
of our citizens' everyday lives; and
WHEREAS, the Community Activities, Recreation and Services Department provides for the
maintenance and custodial functions for City -owned buildings, development
and implementation of organized recreational activities, operation of the
Community Center and swimming pool, and management of Centerbrook Golf
Course; and
WHEREAS, recreational programs and activities and leisure experiences provide
opportunities for people to live, grow, and develop into contributing members of
society and experience a sense of community through fun recreational pursuits;
and
WHEREAS, well- maintained government buildings, including Centerbrook Golf Course and
Community Center, make our community attractive and a desirable place to
live, work, play, and visit to contribute to our ongoing economic vitality; and
WHEREAS, the knowledge, skills, and abilities of the government buildings staff promotes
• the health, safety, and comfort of this community by providing necessary
grooming and maintenance of our government buildings; and
WHEREAS, the dedicated service and commitment of community activities, recreation and
services staff touch the lives of individuals, families, groups, and the entire
community which positively impacts upon the social, economic, health, and
environmental quality of our community; and
WHEREAS, it is highly appropriate that the services provided by the community activities,
recreation and services staff 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 July 13 through 19, 2003, to be Community Activities, Recreation and Services Week in
the City of Brooklyn Center and encourage all citizens to recognize the contributions that
community activities, recreation and services and government buildings staff make every day
to our health, safety, comfort, and quality of life.
Date Mayor
• ATTEST:
City Clerk
•
City Council Agenda Item No. 9d
MEMORANDUM
TO: Michael McCauley, City Manager
FROM: Brad Hoffman, Community Development Director
DATE: June 16, 2003
SUBJECT: Adopting fee Schedule for Electrical Permits
The resolution before the Council will establish the schedule for electrical permit fees to
be charged by the City. At the May 27, 2003 Council meeting, approval was given to contracting
with a private party for electrical inspections. The fee schedule is consistent with the State fee
schedule as established by the State Board of Electricity.
•
• Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION ADOPTING FEE SCHEDULE FOR ELECTRICAL PERMITS
WHEREAS, the Brooklyn Center City Council adopted Resolution No. 2003 -86,
authorizing the City Manager to execute a contract for electrical inspection services; and
WHEREAS, a contract for electrical inspection services has been executed
between the City of Brooklyn Center and Pete Tokle Inspection Services; and
WHEREAS, an electrical permit fee schedule has been prepared by city staff and
is based on the fee schedule of the State Board of Electricity and survey data from other
municipalities.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that the following electrical permit fee schedule is hereby adopted for the City
of Brooklyn Center.
Inspection Type Permit Fee
Minimum Fee for An Inspection $25 Per Trip
• Maximum for Single Family Residential
g y $150
(New or Remodel)
Maximum for Commercial No Limit
Multi Family — Up to 12 Units $65/Unit
Each Additional Unit $45/Unit
Change Out or Upgrade to Service or Generators
0 to 400 AMP $ 50
401 to 800 AMP $ 75
801 to 2000 AMP $100
Over 2000 AMP $250
Relocation of Service Panel $100
Each Circuit or Feeder up to 200 AMP $ 7.00/Each
Each Circuit or Feeder Over 201 to 400 AMP $ 15.00/Each
Each Circuit or Feeder Over 401 to 800 AMP $ 20.00/Each
Each Circuit or Feeder Over 801 to 1200 AMP $ 30.00/Each
Each Circuit or Feeder Over 1200 AMP $ 50.00/Each
Street Lights $ 2.00/Each
Standard Traffic Signal $ 7.00/Each
Transformer Under 10 kilovolt - amperes $ 7.00/Each
• Transformer 10 kilovolt - amperes or More $ 30.00/Each
RESOLUTION NO.
Fire Alarm & Energy Management Device 165¢ per device
Lighting Retrofit 30¢ per light
Investigation Fee (Double the Fee) $100 Minimum
Cancelled Permit Handling Fee $ 25
Reinspection Fee $ 25
State Surcharge 150¢
Refund issued only for Overpayment on Permits that Exceed
$100
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. 9e
i
CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the 28 day of July, 2003, at 7:00 p.m.
• or as soon thereafter as the matter may be heard, at City Hall, 6301 Shingle Creek Parkway to
consider an amendment to Chapter 34 relating to sign regulations.
Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance.
Please notify the Deputy City Clerk at 763 -569 -3308 to make arrangements.
ORDINANCE NO.
AN ORDINANCE AMENDING SECTIONS 34 -110 AND 34 -140 OF THE
BROOKLYN CENTER CODE OF ORDINANCES, RELATING TO SIGN
REGULATIONS
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Section 1. City Code Section 34 -110 amended by adding the following definition:
Section 34 -110. DEFINITIONS.
Sign, dynamic message. A dynamic messages sign, "DMS," also known as a changeable
messages sign, variable messages sign or other similar name, is an electrical or electro mechanical
sign on which a message may be placed which can be changed remotely on site through hard
• wire or wireless communications.
Section 2. City Code Section 34 -140, paragraph 1 is amended by adding new paragraph k as
follows:
Section 34 -140. PERMITTED SIGNS.
1. General requirements and standards for permitted signs.
k. A dynamic messages sign "DMS," is permitted only in the C2, I -1 and I -2
Districts. A DMS is also sub iect to the requirements of Section 34 -140,
subdivision 3.A. of this ordinance. A DMS message must remain constant
for at least two seconds when such sign is in use.
Section 3. This ordinance shall become effective after adoption and upon thirty (30) days
following its legal publications.
Adopted this day of 2003.
ATTEST:
Mayor City Clerk
• Date of Publication:
Effective Date:
(Underline indicates new matter; brackets indicate matter to be deleted.)
MEMORANDUM
TO: Michael McCauley, City Manager
FROM: Brad Hoffman, Community Development Director
DATE: June 18, 2003
SUBJECT: An Ordinance Amending Chapter 34 (Sign Ordinance)
At the June 9, 2003 Council work session, staff was directed to draft an amendment to the
City's sign ordinance that would allow electronic message boards to change messages /images
routinely. Under the current ordinance any change in the message is defined as a flashing sign
and is prohibited. Specifically, the current ordinance does not define flashing vs. changing within
a specific time frame. For example, an electronic message board that changed once per hour is
technically a flashing sign and yet clearly not the intent of the ordinance.
• For background, I have attached my memo to the Council for the meeting on the 9 th of
June. The ordinance as written permits a sign change, actually a cell change, every 2 seconds.
Electronic message boards are made up with a series of cells that are illuminated. Thus you can
create a message that travels across the board. My memo recommended every 10 seconds. Since
that time, I have had the opportunity to observe various time frames for changing the cells on
such message boards. The 2 second time frame is appropriate and most importantly does NOT
create a flashing effect. I would recommend that this amendment be approved for a first reading.
I believe that a representative from Culvers will be present.
•
MEMORANDUM
TO: Michael McCauley, City Manager
FROM: Brad Hoffman, Community Development Director
DATE: June 3, 2003
SUBJECT: Flashing Signs
The owners of Culver's have requested the City consider some modification of our sign
ordinance. They have an electronic message board with a single message line informing people
of the time of day, date, temperature and their flavor of the day. Their problem is that on
occasion, the flavor of the day can be too long to display on the single line. For example, the
flavor last week was chocolate covered strawberry. In order to display that information, the sign
would read, "chocolate covered" then change to "strawberry ". Changing the sign in such a
• manner is a violation of City Ordinance 43 -130 (4). It would be considered a "flashing sign ".
A flashing sign is defined as " Any illuminated sign on which the artificial light or color
is not maintained at a constant intensity or color when such sign is in use, except for that portion
of a sign providing public information such as time, weather, date, temperature or similar
information." The obvious concern, as noted in the "Statement of Purpose" is to limit distractions
to motorists. At the time this was written it would seem that the ordinance was aimed at the rapid
blinking sign with arrows and etc designed to overwhelm the motorists attention to driving. What
the ordinance did not anticipate, nor could it, was the technological advances in signs. The new
electronic signs can still do the flashing arrows and pictures that can be distracting but they also
can provide information in a short written format. The problem with our ordinance or its gray
area is what constitutes flashing. If a sign changes every 10 minutes we would be hard pressed to
defend that as a flashing sign. The ordinance does not have a time frame for determining what is
a flashing sign.
I believe the request from the Culver's owner is reasonable. If the only information
provided on their sign was the date, weather, time etc, there would be no regulation as to the
• duration that information would have to remain before it was changed. In fact I have observed
• such signs change every 3 to 4 seconds and that is legal. It would be my recommendations that
the City consider amending the sign ordinance to allow a written information change on a sign
every 10 seconds. The time frame allows continuity in the message and at the same time is not a
visual barrage to the motorist. I believe that Chad Liston from Culver's will be present Monday
evening to address the Council with his request. We should also note that MNDOT currently
employs such signs to warn motorist of driving conditions.
•