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HomeMy WebLinkAbout2003 10-27 CCP Regular Session Public Copy AGENDA CITY COUNCIL STUDY SESSION October 27, 2003 6:00 P.M. City Council Chambers 1. City Council discussion of agenda items and questions 2. Selection of date for City Council facilitated retreat. 3. Miscellaneous 4. Adjourn CITY COUNCIL MEETING • City of Brooklyn Center October 27, 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. October 13, 2003 - Study Session 2. October 13, 2003 - Regular Session 3 October 13, 2003 - Work Session b. Licenses C. Proclamation Declaring November 20, 2003, as Feed America Thursday d. Resolution Approving Final Plat, TANAMI 2 ND ADDITION CITY COUNCIL AGENDA -2- October 27, 2003 • e. Resolution Approving Final Plat, 5000 FRANCE AVENUE ADDITION f. Resolution Recommending Award of Contract for Construction, Mississippi Riverbank Protection Project, Improvement Project No. 1999 -11 8. Random Acts of Kindness Presentation of Recognition and Certificate Ceremony 9. Public Hearings a. An Ordinance Providing for the Disposition of Land at 69 Avenue and Shingle Creek Parkway -This item was first read on September 22, 2003, published in the official newspaper on October 2, 2003, and is offered this evening for second reading and public hearing. - Requested Council Action: -Open the public hearing. -Take public input. -Close the public hearing. - Motion to adopt ordinance. • b. An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (15 01 Freeway Boulevard) -This item was first read on September 22, 2003, published in the official newspaper on October 2, 2003, and is offered this evening for second reading and public hearing. -Requested Council Action: -Open the public hearing. -Take public input. -Close the public hearing. - Motion to adopt ordinance. C. Interim Ordinance for the Purpose of Protecting the Planning Process and the Health, Safety and Welfare of the Residents of the City, and Regulating and Restricting Development of Religious Uses in Certain Commercial and Industrial Areas of the City -This item was first read on September 22, 2003, published in the official newspaper on October 2 2003 and is offered this evening for second reading and public hearing. -Requested Council Action: -Open the public hearing. -Take public input. • -Close the public hearing. - Motion to adopt ordinance. CITY COUNCIL AGENDA -3- October 27, 2003 d. Franchise Fee Ordinances L An Ordinance Imposing an Electric Franchise Fee on Northern States Power's Operations within the City of Brooklyn Center 2. An Ordinance Imposing a Natural Gas Franchise Fee on CenterPoint Energy Minnegasco's Operations within the City of Brooklyn Center -These items were first read on September 22, 2003, published in the official newspaper on October 2, 2003, and are offered this evening for second reading and public hearing. - Requested Council Action: -Open the public hearing. -Take public input. -Close the public hearing. - Motion to adopt ordinances. e. Consideration of Renewal Application for a Currency Exchange License Submitted by Community Money Centers, Inc. dba Money Centers, 6219 Brooklyn Boulevard • - Resolution Authorizing Issuance of a Currency Exchange License to Community Money Centers, Inc. dba Money Centers, 6219 Brooklyn Boulevard, Brooklyn Center, Minnesota - Requested Council Action: -Open the public hearing. -Take public input. -Close the public hearing. - Motion to adopt resolution. 10. Council Consideration Items a. Resolution Expressing Recognition and Appreciation of Don Peterson for His Dedicated Public Service on the Park and Recreation Commission -Requested Council Action: - Motion to adopt resolution. b. Resolution Expressing Appreciation for the Gift of Brooklyn Center Crime Prevention in Support of Summer Fun -Squad Programs -Requested Council Action: - Motion to adopt resolution. • CITY COUNCIL AGENDA 4- October 27, 2003 C. Resolution Expressing Appreciation for the Gift of the Brooklyn Center Lions Club in Support of the 2003 Halloween Party - Requested Council Action: - Motion to adopt resolution. d. Report on Code Enforcement Sweep - Requested Council Action: -None, report only. e. Resolution Allocating Additional Local Funding for Livable Communities Demonstration Grant - Requested Council Action: - Motion to adopt resolution. f. Recommendations of the Deer Management Task Force - Resolution Approving Recommendations of the Deer Management Task Force - Resolution Adopting 2003 -2004 Deer Management Implementation Plan - Resolution Adopting Long -Term Deer Population Management Plan • -Requested Council Action: - Motion to adopt resolutions. g. Resolution Accepting City Council Workshop Summary of Key Observations and Conclusions Report and Adopting City Council Goals for 2004 - Requested Council Action: - Motion to accept report and adopt resolution. h. 2003 City Council Meeting Schedule - Requested Council Action: - Motion to amend 2003 Meeting Schedule. i. Set Date of Facilitated Council Retreat - Requested Council Action: - Motion to set date. 11. 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 OCTOBER 13, 2003 CITY HALL - COUNCIL CHAMBERS 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, and Diane Niesen. Councilmember Bob Peppe was absent. 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. Councilmember Bob Peppe arrived at 6:12 p.m. • CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND Q UESTIONS Council discussed Consideration Agenda items 11 i, Resolution Authorizing the Consent to Proceed with Planning for Development of an Upgraded Radio Communication System with the Intention of Participating in the Regional System and that the Metropolitan Radio Board be Notified of Brooklyn Center's Intention and Request Any State or Federal Financial Incentives that May Be Offered; and 111, Fiber Infrastructure Project. Councilmember Niesen asked if the Council is being asked to approve the Fiber Infrastructure Project this evening. City Manager Michael McCauley responded that the Council is being asked to make a motion to commit to participation in the project. Councilmember Niesen expressed that she has a problem with being asked to approve things on short notice when she has not had enough time to investigate this issue and is not comfortable with spending the money for this project. Mayor Kragness asked if the amount of money for the project is $60,000 and where that money would be coming from. Mr. McCauley informed that the City's portion of the project would be $60,000 and that the money would come from the Capital Projects Fund, unless other sources can be identified. Councilmember Peppe inquired if the City did not participate would the project continue. Mr. • McCauley informed that he believes LOGIS and Hennepin County will continue with the project. 10/13/03 -1- DRAFT Councilmember Lasman asked if the project did not move forward at this time and the City was to S proceed with the project at a later date what the cost would be in the future. Mr. McCauley expressed that he believes it would be best for the City to move forward with this project now since it will not be any cheaper in the future. The City will eventually need to be on a fiber infrastructure and if the City does not participate now, the City would have to pay later to connect. Councilmember Peppe asked about the other work that would need to be done on the City's system. Mr. McCauley informed that there would be approximately another $10,000 required for the City's system. Councilmember Peppe questioned if there would be an agreement from LOGIS about the server. Mr. McCauley informed that is what he has been told. Mayor Kragness suggested that a contract be part of the agreement. Councilmember Niesen questioned if the City could purchase only lines they had to have. Mr. McCauley discussed that it is proposed that the City purchase all the lines at this time and that the City would be in control of the lines if purchased. Councilmember Peppe asked which funds from the Capital Projects Fund would be used for this project. Mr. McCauley discussed that fund balance that might otherwise be available for future Park Improvements Fund would be used. Councilmember Niesen expressed that she believes residents need to be considered when allocating money from the Park Improvements Fund for other purposes. MISCELLANEOUS • Mr. McCauley informed that Fiscal and Support Services Director Doug Sell has resigned and that his last day with the City will be October 31, 2003. He informed that until this position is filled Assistant City Manager Curt Boganey and former Interim Assistant City Manager Sharon Klumpp will take over the department. Council discussed a map that had been provided regarding Consideration Agenda item 11 d, Resolution Supporting Three Rivers Park District Implementation of Trails, Greenways, and Parks in the First Tier Communities. Councilmember Niesen noted that a correction was needed for Middle Twin Lake. Council discussed the Open Meeting Law. ADJOURNMENT A motion by Councilmember Carmody, seconded by Councilmember Lasman to adj ourn the Study Session at 6:53 p.m. Motion passed unanimously. City Clerk Mayor • 10/13/03 -2- DRAFT • MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION. OCTOBER 13, 2003 CITY HALL - COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum at 6:45 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Bob Peppe. Also present were City Manager Michael McCauley, Assistant City Manager/Director of Operations Curt Boganey, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. No one wished to address the Council. • ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Carmody, seconded by Councilmember Lasman to adjourn the Informal Open Forum at 6:53 p.m. 2. INVOCATION Rev. Alphonso Johnson, Victory Temple Church in St. Paul, 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 7:03 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, Community Development Director Brad Hoffman, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 10 / 13 0 3 -1- DRAFT 5. PLEDGE OF ALLEGIANCE • The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember Lasman reported that she attended the fifth Deer Task Force meeting on September 24, 2003; the Hands Together for Kids meeting on September 25, 2003; and the Special Events Committee meeting on October 2, 2003. She informed that the Brooklyn Center Birthday Celebration would be on February 7, 2004. Mayor Kragness reported that she attended the Minnesota Mayors Association Conference in Duluth the weekend of October 3. She informed that there were about 25 new out state Mayors and that the attendance from in state Mayors was very low. Councilmember Niesen discussed an incident that had happened to her with a marketing representative. She informed residents that are suspicious about any activity to report to the Police Department. 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 A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve the September 22, 2003, study, regular, and work session meeting minutes. Motion passed unanimously. 7b. LICENSES A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve the following list of licenses. Motion passed unanimously. MECHANICAL Academy Heating and Air Inc. 9766 Scandia Trail, Forest Lake Ray Welter Heating 4637 Chicago Avenue, Minneapolis Roberts Mechanical Service 1132 60 Avenue, Roberts, WI Seasonal Control, Inc. 6225 Cambridge Street, St. Louis Park Two Sons and a Dad 18580 Elgin Avenue, Farmington 10/13/03 -2- DRAFT • • PRIVATE KENNEL LICENSE, Lynn Amacher -Malin 5420 Fremont Avenue North RENTAL Renewal: 5424 70 Circle North - Mary Turrotte 5448 Humboldt Avenue North - Francis Kaas 6737 -6743 Humboldt Avenue North (18 Units) - Timothy Keenan 5242 Lakeside Place - Brett and Terry Parker 5601 Lyndale Avenue North - David Theisen 7110 Riverdale Road - James Nelson 5340 -44 Russell Avenue North - Fred and Judie Swenson 6706 Scott Avenue North - Tina Langhans 6845 Willow Lane - David Wagtskjold Initial: 3701 55 h Avenue North - Vasher Pha 5901 Aldrich Avenue North - Scott and Vickie Huber 5916 Aldrich Avenue North - Jay Prussman 5712 Bryant Avenue North - May and Xue Yang 6605 Camden Drive - Alexander Lakanu (Lexington Group) 7224 Fremont Avenue North - Steve Jones 7225 Knox Avenue North - Michael Moren • 6406 Kyle Avenue North - Oluyemisi Olateju 5720 Logan Avenue North - Patricia Bennis 7067 Perry Avenue North - Samuel Nwanekpe 6221 Shingle Creek Parkway (122 Units) - James Winkels (AMCON) 5842 Vincent Avenue North - Christopher Olson SIGN HANGER Sign Source Inc. 14530 Martin Drive, Eden Prairie 7c. RESOLUTION APPROVING PREMISES PERMIT (RENEWAL) FOR BROOKLYN CENTER LIONS CLUB TO CONDUCT LAWFUL GAMBLING AT EARLE BROWN BOWL, 6440 JAMES CIRCLE NORTH, BROOKLYN CENTER RESOLUTION NO. 2003 -148 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING PREMISES PERMIT (RENEWAL) FOR BROOKLYN CENTER LIONS CLUB TO CONDUCT LAWFUL GAMBLING AT EARLE BROWN BOWL, 6440 JAMES CIRCLE NORTH, BROOKLYN CENTER • 10/13/03 -3- DRAFT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember • Carmody. Motion passed unanimously. 7d. APPROVAL OF SITE PERFORMANCE GUARANTEE RELEASE/REDUCTIONS FOR THE AMERICAN LEGION (6110 BROOKLYN BOULEVARD) AND CROSS COUNTRY PROPERTIES, LLC (5000 FRANCE AVENUE NORTH) A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve site performance guarantee release /reductions for the American Legion at 6110 Brooklyn Boulevard and the Cross Country Properties, LLC at 5000 France Avenue North. Motion passed unanimously. 7e. RESOLUTION APPROVING FINAL PLAT, EASTBROOK ESTATES RESOLUTION NO. 2003 -149 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING FINAL PLAT, EASTBROOK ESTATES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 7f. RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NOS. 2004 -01, 02, 03, AND 04, CONTRACT 2004 -A, NORTHPORT AREA STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS RESOLUTION NO. 2003 -150 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NOS. 2004 -01, 02, 03, AND 04, CONTRACT 2004 -A, NORTHPORT AREA STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 10/13/03 -4- D • RAF T • 8. APPEARANCES 8a. BROOKLYN CENTER FIRE RELIEF ASSOCIATION PRESENTATION REGARDING CONTRIBUTION FOR EARLE BROWN DAYS FIREWORKS - RESOLUTION EXPRESSING RECOGNITION FOR AND APPRECIATION OF THE DONATION FROM THE BROOKLYN CENTER FIRE RELIEF ASSOCIATION FOR THE EARLE BROWN DAYS FIREWORKS Mayor Kragness read and presented a resolution to members of the Brooklyn Center Fire Relief Association. Councilmember Carmody expressed on behalf of the Earle Brown Days Committee that they were very happy to receive the $8,000 donation. RESOLUTION NO. 2003-151 Councilmember Niesen introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION FOR AND APPRECIATION OF THE DONATION FROM THE BROOKLYN CENTER FIRE RELIEF ASSOCIATION FOR THE EARLE BROWN DAYS FIREWORKS • The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 8b. PAUL HYDE, REAL ESTATE RECYCLING - UPDATE ON THE JOSLYN DEVELOPMENT Mac Hyde addressed the Council to update them on the new market and to bring news that the success of getting to this point in the project resulted in a lot of people that included Brooklyn Center City staff and the City Council. Paul Hyde addressed the Council to update them on the final phase of the Joslyn Development. He informed that the project has resulted in several years of success in signing with Caribou Coffee and that the development should be open in February 2004 with over a $20,000 Million tax base. They hope to have approval for a store and signage by the headquarters building sometime this fall. 9. PUBLIC HEARING 9a. AN ORDINANCE AMENDING SECTION 11 -506 OF THE BROOKLYN CENTER CODE OF ORDINANCES REGARDING CLUB INTOXICATING LIQUOR LICENSE INVESTIGATION FEES • 10/13/03 -5- DRAFT City Manager Michael McCauley discussed that this ordinance amendment would remove • inconsistent language as part of the process for administering all liquor licenses. A motion by Councilmember Carmody, seconded by Councilmember Lasman to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Carmody, seconded by Councilmember Peppe to close the Public Hearing. Motion passed unanimously. ORDINANCE NO. 2003 -15 Councilmember Peppe introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING SECTION 11 -506 OF THE BROOKLYN CENTER CODE OF ORDINANCES REGARDING CLUB INTOXICATING LIQUOR LICENSE INVESTIGATION FEES The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Carmody. Motion passed unanimously. 10. PLANNING COMMISSION ITEM • 10a. PLANNING COMMISSION APPLICATION NO. 2003-018 SUBMITTED BY DEAN GANNON. REQUEST FOR PRELIMINARY PLAT APPROVAL TO DIVIDE THE TOWNHOUSE DEVELOPMENT AT THE NORTHEAST CORNER OF 50 AND FRANCE INTO FOUR LOTS AND A COMMON AREA SO THE UNITS CAN BE INDIVIDUALLY OWNED. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS SEPTEMBER 25, 2003, MEETING. Planning and Zoning Specialist Ron Warren outlined Planning Application No. 2003 -018 submitted by Dean Gannon requesting for preliminary plat approval to divide the townhouse development at the northwest corner of 50 and France Avenue into four lots and a common area so the units can be individually owned. He informed that the Planning Commission recommended approval of Planning Commission Application No. 2003 -018 subject to the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. The applicant shall dedicate for right of way purposes a triangular area of approximately 15 ft. by 15 ft. at the southwest corner of the site as required by the City Engineer. This dedication shall be shown on the final plat. 10/13/03 -6- DRAFT • 4. A 5 ft. wide drainage and utility easement shall be provided along the east and west property lines and shall be shown on the final plat. A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve Planning Commission Application No. 2003 -018 subject to the above four conditions. Motion passed unanimously. 11. COUNCIL CONSIDERATION ITEMS Ila. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF KATHY WIRTANEN Mayor Kragness read the Resolution Expressing Recognition and Appreciation for the Dedicated Public Service of Kathy Wirtanen. RESOLUTION NO. 2003 -152 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF KATHY WIRTANEN • The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. llb. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF HENRY DORFF Mayor Kragness read the Resolution Expressing Recognition of and Appreciation for the Dedicated Public Service of Henry Dorff. RESOLUTION NO. 2003-153 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF HENRY DORFF The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. • 10/13/03 -7- DRAFT 11C. PROCLAMATION DECLARING OCTOBER 19 -25, 2003, TO BE • ADMINISTRATIVE SERVICES WEEK Mayor Kragness read the Proclamation Declaring October 19 -25, 2003, To Be Administrative Services Week. A motion by Councilmember Lasman, seconded by Councilmember Carmody to adopt the Proclamation Declaring October 19 -25, 2003, To Be Administrative Services Week. Motion passed unanimously. 11d. RESOLUTION SUPPORTING THREE RIVERS PARK DISTRICT IMPLEMENTATION OF TRAILS, GREENWAYS, AND PARKS IN THE FIRST TIER COMMUNITIES Mr. McCauley discussed that this resolution would continue support for the First Tier Trails Plan as developed by staff from Three Rivers Park District. RESOLUTION NO. 2003-154 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION SUPPORTING THREE RIVERS PARK DISTRICT IMPLEMENTATION OF TRAILS, GREENWAYS, AND PARKS IN THE FIRST TIER COMMUNITIES • The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 11e. RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AGREEMENT TO EXTEND INSURANCE AGENT SERVICES Mr. McCauley discussed that this resolution would authorize execution of an agreement to extend insurance agent services. The City had authorized a contract with T.C. Field Company in 2002 that expires December 31, 2003. T.C. Field Company had submitted a renewal quote that appears to be reasonable for services until December 31, 2004. RESOLUTION NO. 2003 -155 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AGREEMENT TO EXTEND INSURANCE AGENT SERVICES 10/13/03 -8- DRAFT • • The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. llf. 2003 CITY COUNCIL MEETING SCHEDULE AMENDMENTS Mr. McCauley suggested amending the 2003 City Council Meeting Schedule to add a Special Session for a bond issue before the Work Session on November 17, 2003. The Special Session will start at 6:00 p.m. in the Council Chambers with the Work Session immediately following the Special Session. A motion by Councilmember Lasman, seconded by Councilmember Peppe to amend the 2003 City Council Meeting Schedule to add a Special Session and amending the Work Session meeting time on November 17, 2003. Motion passed unanimously. llg. AN ORDINANCE RELATING TO THE BROOKLYN CENTER BUILDING CODE: AMENDING BROOKLYN CENTER CITY CODE SECTIONS 3 -101, 3 -102, AND 3 -103 Mr. McCauley discussed that this ordinance amendment is required to comply with State Building Codes and would reflect the State of Minnesota's move to the new 2000 International Building Code. • A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve first reading and set second reading and public hearing on November 10, 2003. Motion passed unanimously. llh. AN ORDINANCE AMENDING SECTIONS 11 -604 AND 11 -704 OF THE BROOKLYN CENTER CODE OF ORDINANCES REGARDING APPLICATIONS FOR INTOXICATING LIQUOR LICENSES Mr. McCauley discussed that this ordinance amendment would incorporate the recommended changes to maintain consistency in the application process in Sections 11 -604 and 11 -704 as part of the process for administering all license applications. A motion by Councilmember Carmody, seconded by Councilmember Lasman to approve first reading and set second reading and public hearing on November 10, 2003. Motion passed unanimously. • 10/13/03 -9- DRAFT Ili. RESOLUTION AUTHORIZING THE CONSENT TO PROCEED WITH • PLANNING FOR DEVELOPMENT OF AN UPGRADED RADIO COMMUNICATION SYSTEM WITH THE INTENTION OF PARTICIPATING IN THE REGIONAL SYSTEM AND THAT THE METROPOLITAN RADIO BOARD BE NOTIFIED OF BROOKLYN CENTER'S INTENTION AND REQUEST ANY STATE OR FEDERAL FINANCIAL INCENTIVES THAT MAY BE OFFERED Mr. McCauley discussed that in order for the Police and Fire Departments to communicate with the County the City needs to upgrade its radio communication system. This resolution would authorize the consent to proceed with planning for development of the upgrade and allows the City to apply for grants available from the Minnesota Department of Public Safety and the U. S. Department of Justice. Councilmember Peppe questioned if approving this would anyway hinder other means of dispatching. Mr. McCauley responded that this would not hinder other means of dispatching. RESOLUTION NO. 2003-156 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE CONSENT TO PROCEED WITH PLANNING FOR DEVELOPMENT OF AN UPGRADED RADIO COMMUNICATION SYSTEM WITH THE INTENTION OF PARTICIPATING IN THE REGIONAL SYSTEM AND THAT THE • METROPOLITAN RADIO BOARD BE NOTIFIED OF BROOKLYN CENTER'S INTENTION AND REQUEST ANY STATE OR FEDERAL FINANCIAL INCENTIVES THAT MAY BE OFFERED The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. llj. RESOLUTION AUTHORIZING AUDIT SERVICES FOR FISCAL YEAR 2003 Mr. McCauley discussed that this resolution would authorize audit services for fiscal year 2003 with the addition of the Statements of Auditing Standards (SAS), which is a new requirement for 2003. RESOLUTION NO. 2003 -157 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING AUDIT SERVICES FOR FISCAL YEAR 2003 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Niesen. Motion passed unanimously. • 10/13/03 -10- DRAFT • 11k. AN ORDINANCE RELATING TO DEER HUNTING WITHIN THE CITY OF BROOKLYN CENTER FOR THE PURPOSE OF POPULATION CONTROL Mr. McCauley discussed that Assistant City Manager Curt Boganey has been working with the Deer Management Task Force and that the task force will be recommending bow hunting as a means of reducing the deer herd in Brooklyn Center. The task force will continue to finalize a Deer Management Plan and is seeking approval of a first reading of an ordinance amendment to allow adequate time for publication. Councilmember Niesen expressed concern about the vague language in section 2 (d) of the ordinance amendment. Mr. McCauley suggested that the ordinance amendment could be amended to read: the harvesting of deer pursuant to a Deer Management Plan as allowed under permit issued by the City Manager or City Manager's designee and subj ect to any conditions and limitations established by the City Manager. A motion by Councilmember Carmody, seconded by Councilmember Niesen to approve first reading and set seconding reading and public hearing on November 10, 2003, with the amendment in section 2 (d) to read: the harvesting of deer pursuant to a Deer Management Plan as allowed under permit issued by the City Manager or City Manager's designee and subject to any conditions and limitations established by the City Manager. Motion passed unanimously. 111. FIBER INFRASTRUCTURE PROJECT • Mr. McCauley discussed that the City d been asked to participate with a fiber optic infrastructure h' P P P project with LOGIS and Hennepin County. Under the proposed proposal the City would share in the cost with Hennepin County and thereby reduce the overall cost to the City of that connection. The approximate cost to the City would be $60,000 of an estimated $98,000. He informed that he believes this project would be the most orderly way to proceed. Councilmember Niesen expressed that she appreciates the efforts of updating computers; however, she is not comfortable with making a decision at this time. She would like to further look into the deadline and more information regarding the project. Councilmember Carmody expressed that this would not be her favorite way to spend money; however, this is a project that she believes needs to move forward. Councilmember Niesen informed that she is not comfortable spending the $60,000 for this project and will not support this project. She informed that she would like more time. A motion by Councilmember Carmody, seconded by Councilmember Peppe to commit participation in the fiber optic infrastructure project with LOGIS and Hennepin County Library. Councilmember Niesen voted against the same. 10/13/03 -11- DRAFT Councilmember Peppe requested that there be language added regarding no any additional costs to • the City and suggested that the motion be contingent on that request. Councilmember Lasman informed that she believes the City has to act upon things when the opportunity is there even though the decision is a rough one at this time. Mr. McCauley suggested that there be an amendment contingent with fiber optic infrastructure to use the permit application with the PIMs system. Motion passed. 11M. RESOLUTION AUTHORIZING LEASE FOR LIQUOR STORE AT 69 AND BROOKLYN BOULEVARD SHOPPING CENTER Mr. McCauley discussed that a lease had been negotiated for a liquor store at 69 Avenue and Brooklyn Boulevard and is favorable. This site would be lower in money in cost accomplished through gross sale net and the other advantage would be that the landlord would be taking care of the site. RESOLUTION NO. 2003-158 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING LEASE FOR LIQUOR STORE AT 69 AND BROOKLYN • BOULEVARD SHOPPING CENTER The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 12. ADJOURNMENT There was a motion by Councilmember Carmody, seconded by Councilmember Lasman to adjourn the City Council meeting at 8:09 p.m. Motion passed unanimously. City Clerk Mayor 10/13/03 -12- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL '' • OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA CITY COUNCIL WORK SESSION OCTOBER 13, 2003 CITY HALL - COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Work Session and was called to order by Mayor Myrna Kragness at 8:17 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 AND DISCUSSION OF ASIAN VILLAGE DEVELOPMENT STUDY • City Manager Michael McCauley discussed that the site originally planned for the Asian Development might be too small and informed the Council that an alternative location had been studied. Community Development Director Brad Hoffman discussed the grant applied for earlier with the Metropolitan Council. He informed the Council that the new architect helping with the study of the alternate location has translated the vision. He questioned if the Council would like to pursue the potential of using additional tax increment to fully explore the potential for this development. Mr. McCauley presented a PowerPoint presentation of the concept for the development. Council discussed the development along with the presentation. Mr. McCauley informed that if the Council would like to continue the study of this development the money could come from the Economic Development Authority (EDA) tax increment district three. Mr. Hoffman discussed that if the Northbrook Shopping Center is not used for this Asian Development, the question would be if senior housing could be considered. It was the consensus of the Council to continue the site planning and market study analysis of the Asian Development and to propose the additional $27,000 from the EDA tax increment. • 10/13/03 -1- DRAFT REVIEW OF CARL NEU'S DRAFT 2004 CITY COUNCIL GOALS • Council discussed the proposed 2004 City Council Goals. Councilmember Lasman asked that Goal 3 include the enforcement of noise ordinances, barking dogs, and other noise generating nuisances. Councilmember Niesen noted the typo of City Watch in Goal 1. Mr. McCauley informed that he would have these changes made and put this item on the October 27, 2003, City Council Agenda for approval. DISCUSS DIRECTION FOR WINTER COUNCIL RETREAT Council discussed the previous format for the winter Council Retreat and whether or not a winter retreat should be scheduled. It was the consensus of the Council to skip the winter retreat this year and to have a Work Session in January to discuss Tax Increment Financing and to discuss and set a goal for four remote Council meetings. DISCUSSION OF PREEMPTING LOCAL MESSAGE BOARD TO ALLOW BROADCAST OF OTHER CITIES' COUNCIL MEETINGS Council discussed preempting of local message board to allow broadcasting of other cities' Council meetings. It was the consensus of the Council to leave as is and that Councilmember Niesen will inform the public during the Council Report at a Regular City Council meeting about contacting her for a response to see if people would be interested for something different than the current practice. PROPOSED EMPLOYEE POLICY ON POSSESSION OF WEAPONS Council discussed the proposed policy that is consistent with State Law. It was the consensus of the Council to have this item placed on an agenda to amend the City's Policy. MISCELLANEOUS Mr. Boganey informed that the correct amount for PRISM funding is $10,000. Councilmember Niesen inquired about train whistles. Mr. McCauley will check with staff regarding the Federal regulation. Councilmember Lasman asked when the bus hub would be started. Mr. McCauley informed that it was proposed for design this fall with the construction starting in the spring 2004. Councilmember Niesen inquired about the Shingle Creek Watershed consolidation. Mr. McCauley informed that the issue would be on an agenda in the future. 10/13/03 -2- DRAFT • . Councilmember Niesen suggested page identifiers for Council materials. ADJOURNMENT A motion by Councilmember Lasman, seconded by Councilmember Peppe to adjourn the work session at 10:06 p.m. City Clerk Mayor • • 10/13/03 -3- DRAFT • City Council Agenda Item No. 7b City of Brooklyn Center A Millennium Community • ** REVISED ** TO: Michael J. McCauley, City Manager FROM: Maria Rosenbaum, Deputy Cit Clerk DATE: October 27, 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 October 27, 2003. 2:00 A.M. OPTIONAL CLOSING LIQUOR LICENSE APPLICATION Ref s Sport's Bar and Grill 2545 County Road 10 • MECHANICAL Comfort Plus Heating and Cooling 7050 20 Avenue South, Centerville St. Cloud Refrigeration 604 Lincoln Avenue NE, St. Cloud RENTAL Renewal: 5105 Brooklyn Boulevard - George Lucht No calls for service 5843 Fremont Avenue North (7 Units) - D & J Properties No calls for service 5329 Queen Avenue North - Alvin Stachowksi No calls for service Initial: 7113 Halifax Avenue North - Linda Schoenberger No calls for service 5812 Girard Avenue North - Alpha Kalaghe- Mshihiri No calls for service 5600 Judy Lane - Nita Morlock 052903 Suspicious Activity 6912 Morgan Avenue North - Farhan Abdullahi 110202 Suspicious Activity 1 0 01 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 i • PROCLAMATION DECLARING NOVEMBER 20, 2003, AS FEED AMERICA THURSDAY WHEREAS, Thanksgiving Day celebrates the spirit of selfless giving and an appreciation for families and friends; and WHEREAS, the spirit of Thanksgiving Day is a virtue upon which our nation was founded; and WHEREAS, thirty -three million Americans, including thirteen million children, live in households without an adequate supply of food; and WHEREAS, almost three million of these children experience hunger; and WHEREAS, selfness sacrifice breeds a genuine spirit of Thanksgiving, both affirming and restoring fundamental principles in our society. 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 declare Thursday, November 20, 2003, one week before the traditional Thanksgiving, as Feed America Thursday, and call upon the people of Brooklyn Center to sacrifice, or fast, for • two meals on Thursday, November 20, 2003, and donate the money they would have spent on food to a charitable or religious organization of their choice for the purpose of feeding the hungry. Date Mayor ATTEST: City Clerk • Feed America Committee Local office: 3907 North Foothill Drive, Provo, Utah 84604 -5376 Telephone (801) 221 -1022 15 April 2003 To: Governors of States, Mayors of Cities and Towns, Leaders of Churches and Charitable Organizations Dear Ladies and Gentlemen: In an effort to feed the hungry, we invite you to join the Feed America movement. This is a simple approach: each person fasting two meals the Thursday before Thanksgiving Day, then contributing the generous equivalent in money or food to the church or charitable organization of his or her choice. Those who cannot fast are also invited to contribute. This land of plenty and opportunity is home to millions who are underfed. We who have enough and to spare can enjoy our Thanksgiving Day with more peace of heart if we help those who are lacking. Each of us is a child of the same Creator, who makes His sun to shine on the rich and the poor. He will bless us if we treat His hungry children as He would if they were at His table. • Acting as a committee of one, each of us can reach out to help in this way. United together in this effort on Feed America Thursday we can increase the impact. Showing love to people can be as simple as going without food so others may eat. Fasting is beneficial, as medical experts have testified. Going without two meals of food and drink actually helps the one who fasts. Once a year is not too frequent when we think that many hungry and homeless go without meals nearly every week. Think of it this way: if every person in America who is capable of fasting would go without two meals once a year, it could feed the hungry for more than a month. We call upon you to designate the Thursday before Thanksgiving Day as Feed America Thursday. Please join with us in a great exercise of neighborly outreach. The attached guidelines will give you more information on how to make this successful. Sincerely, David Earl Perry, Ph.D. Committee Chairman • • Feed America Committee Local office: 3907 North Foothill Drive, Provo, Utah 84604 -5376 Telephone (801) 221 -1022 Guidelines for the "Feed America" Campaign What Is the Problem? According to the latest United Nations report, over nine million people died of starvation last year. Six million of them were children under the age of five. Who Are We? We are a small educational organization promoting the Feed America concept. We do not solicit money for ourselves, nor do we administer funds that are gathered. Through Senators Orrin Hatch (R -Utah) and Harry Reid (D- Nevada), we introduced Resolution 341 in the U.S. Senate, which passed with unanimous consent, designating 21 November 2002 as "Feed America Thursday." The State of Utah issued a similar declaration. Provo, Utah, embraced this campaign vigorously as the first city to sponsor it. We are working to take this concept to every state and city in the United States, and then throughout the world. What Is Our Plan? Feed America is based on fasting two meals and giving the equivalent money saved to feed the hungry. This is a proven concept that works, for millions of people use it regularly to contribute to their favorite church or charity. Fasting is going without food for a higher purpose. We are applying it to the Thursday before Thanksgiving Day because we know people are in the attitude of thankfulness for the current harvest. We believe it is appropriate to use fasting a week earlier than our feasting in order to help others. Why Fasting? • Fasting helps us as well as those with whom we share. We become more sensitive to the needs of others as we feel the hunger that they feel regularly. But that is not all, for we can gain more self discipline over our own appetites. Medical experts have long extolled the benefits of fasting periodically. Those in normal health actually feel better. Those with special conditions may not be wise to fast but could also share the equivalent of two meals. Who Are You? You are any city, town, church, or charitable organization interested in feeding the hungry in your community. You already have the organizations and administrative resources necessary to distribute food and other necessities to the hungry. The concept of Feed America is merely intended to help you further your own excellent efforts to care for the hungry among you. What Can You Do To Make This Successful? As a city, town, church, or organization, you can spread the message of Feed America in every media possible. It is up to you and your resources. Great success will only come from great effort. Early announcements, follow -up, and organizational planning will pay off in food for the hungry in your community. We recommend that you announce it as part of your own regular efforts, but tailored to the special circumstances of the Thursday before Thanksgiving. How Can You Gather and Use the Money? You will gather and distribute the donations in your normal way. We hope that 100% of the money will be used to feed the hungry of all classes of people. We encourage you in your noble efforts to help those who lack food. Please ask donors to indicate "Feed America Thursday" on their contributions to help us in later campaign success evaluation. Our Thanks to You In behalf of all those who are hungry, we thank you with deep gratitude for your efforts. May you be happy, blessed, and prospered because of your unselfish efforts. As your friends, we feel kinship with you in this effort. Reaching out to our fellow men is probably the best stretching exercise available. Thanks for being "fast friends." • • City Council Agenda Item No. 7d City Of MEMORANDUM BROOKLYN CENTER DATE: October 7, 2003 TO: Michael McCauley, City Manager FROM: Todd Blomstrom, Director of Public Works SUBJECT: Resolution Approving Final Plat TA AMI 2 pp g N ND ADDITION _.ww.p. ............ ... .. ..... : On August 25, 2003 the City Council approved Planning Commission Application No. 2003- 015, Preliminary Plat for TANAMI 2 ADDITION, subject to the conditions recommended by the Planning Commission. KPM Properties is now seeking final plat approval to divide and combine two parcels of land located on the south side of 69 Avenue North, westerly of Humboldt, to create a newly configured lot for the Earle Brown Farm Apartments and 21 townhome lots and an outlet for a proposed townhome development. A subdivision agreement and utility maintenance agreement for this development have been prepared and reviewed by the City Attorney. These documents will be executed before the final plat is released. • It is recommended that the City ouncil approve the final plat, subject to the conditions as Y PP P � J specified in the attached resolution. • • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING FINAL PLAT, TANAMI 2ND ADDITION WHEREAS, the City Council on August 25, 2003 approved a Preliminary Plat for TANAMI 2ND ADDITION to divide and combine two parcels of land located on the south side of 69 t11 Avenue North, westerly of Humboldt, to create a newly configured lot for the Earle Brown Farm Apartments and 21 townhome lots and an outlet for a proposed townhome development; and WHEREAS, KPM Properties has applied for Final Plat approval as required by City Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the Final Plat for TANAMI 2ND ADDITION is hereby approved, subject to the following conditions: 1. Conditions as previously approved by the City of Brooklyn Center City Council and Planning Commission. 2. Any additional requirements for providing a subdivision agreement, utility • maintenance agreement and evidence of title satisfactory to the City Attorney. 3. Any additional requirements of the City Engineer. 4. Any additional provisions of Chapter 15 of the City Ordinances. 5. Any other conditions of Hennepin County as required. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: • whereupon said resolution was declared duly passed and adopted. R.T. DOC. No. J TANAMI SPIN, 2ND SBV33'29"T 776.56 (081 1" AMPRMB311' JVUBP) _T­AA_ tnAe mmo -- i ADDITION I 2 310 Si T L 0 A c �jk mw Ut It, E_ MIT 2 'Jill 3 '64 ORERTATIDM Of T1r0S BEARNO SYSTEM L 0 T IS BASED ON AN ASSUMED &AS& 1 4 WE 41AO B L 0 C - Q SCALE IN FEET at It N2 4 so 0 Igo p 1071 wo ," I r 367.14 S85 0 DENOTES WOR MONUMENT FOLIND o DENOTES RON MONLUENT SET AND MARKED RS Na 24992 I I� I� d UtIty E.--m Lor sunva m S85 . 05 ,07"Iff 407.09 LAAV anvEyms swu 2 OF 2 SHEETS' TANAMI 2ND ADDITION R.T.DOC.No. IOIOW ALL MEN by THESE PRESENTS: Thd M bows Fern Awt,mm a Nnurela Owrd PvtwaNP, ewrw .f 11r febwinp dmbd - prWatY ;laded h U. Canty of hl—PK Himont, b rlt I hrwb crtliy 1hl 1 hv. ...,e y .a aro polled the land duct; on thM plot n 7ANAM ADDITION zw ADdilpt ih! UM pbt M e --t rpre.Mdien d end —r. 0. 1 d delanen c errully 0— n said plat h, feet and MndredlM o1 a fool; iMk d mcvnanl. bar. b— .arr.e9y PMe.d h the gaud o a— on odd plot, Lot 1. BMrk 1. TANAM ADDITION, H—Pin County, MW—tn end the iM ad.de bardcl.. or. eanntly d.Ap tad n Wd pd: and M tt— are m w;bW u delhd M M 70502. S" t to b. de;pnted Or pbk N9W. b b. d..W..d. and V.*. Patdn ..bye penes, owrwr and propf.lor, d iM febOV d—bd property .BiMM h H.m.ph County. W-1. . Ld R Mk 1. 7enaal Additk , "---Ph Cady, Mrwnta. - 1Mve .--d U. none 1. W e .d aW polled ® TANAM 21D ADOM and d. 1—by dan.le and dedbde t. the WE fc pubk - uu forever th. eana.nt. far droh p end *Vty Papuee m .Mwn an th. Pht QM•rY R. Pra dL Lbeneed LcM S—yar Wre.ala Rpidro0on Na. 24992 h wP — edree/ E.% Brown F— Apabrwnl., h- euud lhru pnM. b W tigwd by it. proper Periner StaN d Irirwtota We _ daY f 2 CanlY of H6rnpk. _ ek, tr�,� TM faryokq —.ye . —Ml to ro nk—".d b.(-. mr W. _ day of 200_. by 0n9cy R. rua Pb, Lk..W Lad Sawyer. E.M Rw Fmm ApP&r P .rb 71rre.. PradV Ib1ar PdEe, CeudY. 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"�'y � R �k ' �?,�';�, '� �`�M +. _ ,�� �.: .d `,:�d��X 1'��s�� �^ � � , �, •;.� p • City Council Agenda Item No. 7e Clty of • MEMORANDUM BROOKLYN CE"" DATE: October 7, 2003 TO: Michael McCauley, City Manager /0 FROM: Todd Blomstrom, Director of Public Works SUBJECT: Resolution Approving Final Plat, 5000 FRANCE AVENUE ADDITION .. _ ....._... .................. ..................................... ..........................._... .. _........_ On October 13, 2003 the City Council approved Planning Commission Application No. 2003- 018, Preliminary Plat for 5000 FRANCE AVENUE ADDITION, subject to the conditions recommended by the Planning Commission. The owners of the property are now seeking final plat approval to divide the townhouse development at the northeast corner of 50 Avenue and France Avenue into four lots and a common area so the units can be individually owned. A title abstract for the property has been submitted to the City and forwarded to the City Attorney for review. The title work must be determined satisfactory by the City Attorney before the final plat is release to the property owners. • It is recommended that the City Council approve the final plat, subject to the conditions as specified in the attached resolution. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING FINAL PLAT, 5000 FRANCE AVENUE ADDITION WHEREAS, the City Council on October 13, 2003 approved a Preliminary Plat for 5000 FRANCE AVENUE ADDITION to divide the townhouse development at the northeast corner of 50` Avenue and France Avenue into four lots and a common area so the units can be individually owned; and WHEREAS, Dean and Jennifer Gamion and Michael and Pain Nightingale, fee owners of the subject property, have applied for Final Plat approval as required by City Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the Final Plat for 5000 FRANCE AVENUE ADDITION is hereby approved, subject to the following conditions: 1. Conditions as previously approved by the City of Brooklyn Center City Council and Planning Commission. 2. Any additional requirements for providing evidence of title satisfactory to the • City Attorney. 3. Any additional requirements of the City Engineer. 4. Any additional provisions of Chapter 15 of the City Ordinances. 5. Any other conditions of Hennepin County as required. 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. 5000 FRANCE A VENUE ADDITION JC.R. DOC. NO I' I l_K f ICQ%H IOF IIG rO i. r14 R. Y1. I I - - -- I KNOWI'1 ALL MEN BY TfIE3E PRESENTS: That Dem M. Gmnon and lemifer G Gmnon, husbmd BROOKLYN CENTER, MINNESOTA �-- — and wifq and Michael B. NighOngal<md Pam S. NighMlgeie, 6uabmd endwi &, rm ewnee ofshe I t Bowing descrihed prol>cIry aituagd in the Ceanry of Hemapiq Stec of Mimemu, m wit: This plat of 5000 FRANCE AVENUE ADDrf1ON was eppoved and w wd by 6rc City Counml of Brooklyn Cmter,Mimem4,atereguhrm Ongdsereo IdOtte day of 1 200_. Ifopplieblq the mitten mmmrne aed recommede0as ofthe Comminims ofTragayovadon TheEam 133.03 feet ofthe West 160.03 feet afthe Nsth 150.00 feet of the South 183.00 mdlbc C— High— YE- gin ccrh— ba.— ivcdbylh .OY.theprucribcd30d,pTidh., 10, Township Minnesota feet,, Me NoMwest Quaver ofthe 5au0rwct Qumsof the Novheem Qumer of Smfion elepaed without receiietofeeb mmmme md recommeMetlm0. u provided by Minnesota Smtatee, 118, Rmge 2I, Hennepin Comry, SeeOm 505.03, SubMvbian 2. I I Have mused the tote m be surveyed end platted a 5000 FRANCE AVENUE ADDfl70N, and da hereby City Comcil, Brooklyn Censer, M.— dorute end dedicate m the public for peblicva f m the Avrnue and oee ded . the eemeMa u ' I shownovMepl. fordminngeandutility purposm I I 8 Y: Mayw By: Menegm I I Np x aT N a xaen is0 kE s x£ s vw sal I I Q U w e u nfimcofa d D m M. Cannon and Irne(e C. Gmnoq have M1e em o th bM1and his I %f¢T a• IlK s/ a Irrt sw r/ rr rxe xe 114 i tY f4 T. n4 4 n I I F -_ dey of 200_. TAXPAYERS SERVICES DEPARTMENT, Hennepin Cmety, Mlnoeeosa xeexe rw _ I e F moYi _, - I — 588 ATiJE PJJ 10 -- - I I '� 7M1areby aeify shat laxeepayvble in 2003 andprivrYeers love hero paid for lend deern .plat 1 1 _ — — Dated We dryof 200_ __- _1________' � — .stoat -__— _ __ _ _ _ • —' — E—M Gmnm Iennif C G.— r T a � _____— _ ______yyap,1_- ' - -k— t Penick H. O'Connor, Hmeepin County Audibr s6B 49 J1 E 6R00 41 j4� E f I el I 1 i N 1 I C� By: .Deputy I CJ STATE OF MINNESOTA COUNTY OF .I I _ D eforeg,ring imhun,mtwee mlmewledgM before me tlds day of 2tq V) Dents Gmnon md/ennifa C,Gmnoq haebaM and wife SURVEY DIVISION, Hevegla Cavety, Mlnvoofa 58849:17 E 1 I LF-.0 m I I i 60.00 ' �a Pumant a Mimme, Seeee Sec6m 183B 565 (1969). He phthee been approved this dry of Nviny Public, C-1y. Meneoe .200_ MyC— eiasim Eaybe ' 1 i Z W;niw P. Brown, Hem,epm County Surveyor ' , L Q B P 0 60.00 � 1 I � In wimea whereof aid Michael B. NiehOnede and Pam 3. Nightngale, have herwnb eN theh horde Mb I I Ld n t G r s tl ' I 4J _day of 200_ �' `� 1 • y� „� 1 w b S 1 5 2 K 3� I �a i I � .�� COUNTY RECORDER. Elevuepla County, Mlvveseh Midmi B. Nightngale Poo S. Nighgngda I lembyccdily Met the rithi,plat of50W FRANCE AVENUE ADDITION wa filed fs=md in thls 60.00 58849'01 E _ � oM."I._day of 200_N_o'elock__.M. 1 I �, I � ( I I I Web.] H. Cumrff, C—y Remrder 1 1- rrss ,t w 4 ^ I � F_ STATE OF MI NESOTA COUNTY OF By: , Deputy 1 heef eingmetmmrnt wa Wiled- get, -b ethis day of 2W by 1 i ' N8849'JI "W 60.00 1 i mi Mrchal B. Nightingale and Pam S. Ngh6ngaiq hatband and mfe. I ' r r sa 1 I Notary Cmmty, Minneeoe My 551m Expires ( - 50TH�AVWM NORM lbereby— edythmlhavesu..yedndplateddic m tyd,— ibedmthis Piet aSWOFRANCE I AVENUE ADDITION; shat We plat is a comet! repree 6- efaaid save, Metal) di—ee = camec —1y Ile— en she PLO m feN and hundredths oft foot, Mat aB mmwnene h.. be. comeo0yploced T ^� a the ground a shown m said plat or will be placed a required by the tarot ii—e ld mit; Met the J V t H i it ovW&bomdmy lines eecorrectly designated an the pieB and dot Merexno wet lmde a defined in - - - -_ ' AVENUE �,-RTr� Mmnemh SeNta 505.02, SabdiAsim i b be deeigwed m Me plm. 20 Q 10 20 80 _ — -- Pemr M. Wegener,G S—e)m '�emUIH tMY sr /hF xw / a IAT sw LP' ny K / pe Y4 14 1 114 "1 W M. aIII —No. 12282 ( SCALE M FEET ) I 1 a a i — — — STATE OF MINNESOTA 8e.Nnga — based an en .seamed datum. COUNTY OF eI Denotes 1/2 inch Mon pipe set with v plvetk I — — Thefatcgaing SsveyoJe Cadfic, was aclmow1edpdb,f meNs_dey,f plug stamped R.L.S. t2282. I i BRvO LYN 'J.A.40R 2W Peer M.Wagesv,Tend Surveys. /2 found. • Denotes 1 "Iron pipe f My Ce Puts . E pi— , Mmnesae My Commiaim Ezpirm JOHN 0MVER & ASSOCIATES, INC. - :., ..,_itt;':::_'•:i ac- 'ecru•;-? . r • ..::�.: �•. .?i'f.��ti_r6 :WT.. �;T." v�s� � - li r City Council Agenda Item No. 7f XBRO�O MEMORANDUM TER DATE: October 7, 2003 TO: Michael McCauley, City Manager FROM: Todd Blomstrom, Director of Public Works SUBJECT: Resolution Recommending Award of Contract for Construction, Mississippi Riverbank Protection Project, Improvement Project No. 1999 -11 The Army Corps of Engineers has concluded negotiations with the proposed contractor for the Mississippi Riverbank Protection Project. Under the terms of the Cooperation Agreement between the Department of the Army and the City of Brooklyn Center, the City has the opportunity to review and comment on the bid prior to award of contract. A bid in the amount of $511,330.75 was provided by Holte Contracting for construction of the project. This base bid includes installation of limestone rip rap and bedding material. The selection of rip rap material has been a central concern with some property owners along the project corridor. In response to these concerns, the Corps of Engineers negotiated with the contractor to provide the following three options: Option 1 — Construct the project using limestone rip rap and bedding material. The use of limestone material would qualify for cost - sharing in accordance with the Cooperation Agreement and will result in the lowest construction cost for the City. Option 2 — Construct the project using granite rip rap material and limestone bedding material. This would add approximately $5,350 to the contract amount. Again, the use of granite is considered a betterment and the additional $5,350 would be the City's financial responsibility. Option 3 — Construct the project using granite rip rap and bedding material. This would add an estimated $16,480.95 to the contract amount. The Corps of Engineers has determined that the use of granite rip rap and bedding materials would be considered a betterment. Therefore, an additional $16,480.95 would be added to the City's financial responsibility of the project. On July 28, 2003, the City Council approved a court stipulation related to the acquisition of temporary and permanent easements necessary for construction of the project. The terms of the stipulation provided that, if the total estimated cost of granite materials is equal to or less than $5,000 greater than the cost of limestone materials, the City would require the use of granite . materials in construction of the project and the City would pay up to $5,000 in additional project costs. . The stipulation also provides that, if the total estimated cost of the granite materials is more than $5,000 greater than that of limestone materials, the property owners of 6654, 6640, and 6632 West River Road would have five business days to notify the City in writing whether they would like to pay the excess cost over $5,000 for the use of granite material. These property owners would then have an additional five business days to pay the estimated additional cost to the City. Project construction includes the placement of bedding material along the riverbank slope and the rip rap material is then placed over the top of the bedding material. The rip rap layer will be in excess of 12 inches thick in most areas. It will likely be difficult to see a substantial amount of the bedding material through the rip rap material after construction and site restoration is complete. Based on this information and the additional construction costs noted above, the Engineering Division recommends the inclusion of granite rip rap placed over limestone bedding for the project. Attached is a City Council resolution that would authorize the Department of the Army to include an additional $5,350 in estimated cost to the construction contract for the use of granite rip rap and limestone bedding. If the above stated property owners deposit an additional $11,478.95 (which is $16,480.95 - $5,000 city contribution) necessary for granite bedding by the established deadline, the Department of the Army would then be authorized to include both granite rip rap and granite bedding material in the construction contract. • • • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION RECOMMENDING AWARD OF CONTRACT FOR CONSTRUCTION, MISSISSIPPI RIVERBANK PROTECTION PROJECT, IMPROVEMENT PROJECT NO. 1999 -11 WHEREAS, the City of Brooklyn Center has entered into a Cooperation Agreement with the Department of the Army for construction of stabilization measures along the Mississippi River; and WHEREAS, the Cooperation Agreement provides an opportunity for the City to review and comment on the contract for the project; and WHEREAS, the City has agreed to make certain considerations as to the use of granite rip rap material for construction of the project; and WHEREAS, the Department of the Army has determined that the substitution of granite material for limestone material would be considered a betterment and the resulting additional project cost would not qualify for cost sharing under the terms of the Cooperation Agreement; and • WHEREAS, the Department of the Army has negotiated with Holte Contracting for construction of the project and provided the following estimated price options; 1. Limestone Rip Rap and Limestone Bedding: $511,330.75 2. Granite Rip Rap and Limestone Bedding: $516,681.50 3. Granite Rip Rap and Granite Bedding: $527,809.70 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The City Manager is hereby authorized and directed to notify the property owners of 6654, 6640, and 6632 West River Road of the 10 -day deadline for payment of $11,478.95 from the property owners to the City for the additional cost to use granite rip rap and granite bedding materials on the project. 2. The City Manager is hereby authorized and directed to notify the Department of the Army to recommended award of the contract and request the use of granite rip rap and limestone bedding if payment in • the amount of $11,478.95 is not provided from the above stated property owners to the City by the established deadline. • RESOLUTION NO. 3. The City Manager is hereby authorized and directed to notify the Department of the Army to recommended award of the contract and request the use of granite rip rap and granite bedding if payment in the amount of $11,478.95 is provided from the above stated property owners to the City by the established deadline. 4. The City's project costs shall be charged to the Infrastructure Construction Fund 40700 - 6530- 199911 for reimbursement by the Sewer Utility. Date Mayor ATTEST: City Clerk • The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 8 i City Council Agenda Item No. 8 Random o Acts of Kindness Presentation of Recognition and Certificate Ceremony 1. City Council read nominations received for Random Acts of Kindness 2. Certificates issued to those nominees present 3. City Council will call RECESS to join the nominees for a photograph to be included in the next City Watch resident newsletter Office of the City Clerk OX City of Brooklyn Center A Millennium Community MEMORANDUM TO: Michael J. McCauley, City M tiger FROM: Sharon Knutson, City Clerk DATE: October 22, 2003 SUBJECT: Random Acts of Kindness Since 1997, the City of Brooklyn Center has conducted the Random Acts of Kindness celebration during Cities Week, Sunday, October 5, through Saturday, October 11, 2003. An article seeking nominations, along with a nomination form, was printed in the September /October 2003 edition of the City resident newsletter, City Watch. Random Acts of Kindness nomination forms were made available at the customer service counters at the Community Center and City Hall. Information about Random Acts of Kindness and a nomination form were available on the City's web site. Brooklyn Peacemaker Center, Inc. included the article in their September publication, Brooklyn Peace Bridae. This year 12 people were nominated to receive recognition for their Random Acts of Kindness, with one person receiving 3 nominations. Attached are copies of the nominations. A letter was sent to the nominees (and carbon • copied to the nominator) inviting them to participate in the Random Acts of Kindness recognition at the City Council meeting to be held October 27th. A copy of the letter sent on behalf of the City Council is attached. Those persons attending the recognition will receive their certificates at the meeting. The certificates will be mailed to those nominees who are unable to attend the meeting. Nominee _ Nominated By Elizabeth Muellner Joyce Gulseth Ginny Steffes Joyce Gulseth Angela Frank (3 nominations) Katrina Thomas Kira Thomas John Napp Gail Graiewski -Moore I Katrina Thomas Troy Thompson I Lorraine Buckho Lynn Sandoval Linda Olson Richard Sandoval l Amanda Dobbs I Linda Hanka Alicia Loos I David and Rita Loos Denny Simpson I Kay and Len Lasman Jean Johnson John and Mary Ann Craig Marvin Johnson l Attachments 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 Random Acts of Kindness Nomination Form Uwe, Joyce Gulseth would like to nominate the following person, persons, group, classroom, business, church, etc. for Random Acts of Kindne= to be celebrated during Cities Week in October, 2003. Name: Elizabeth Muellner Address: 6124 Noble Avenue North, Brooklyn Center, MN 55429 (include Street, City, Zip Code) Brief summary of kind act: Community by its most simple definition is a common place where people reside. Community as many of us remember, is a place where individuals, businesses and organizations work together to make the place where they reside and work a better place to live. The following individual has enhanced the definition of Community with all her effort and is very worthy of being nominated for Random Acts of Kindness. For ten years Elizabeth Muellner of 6124 Noble Avenue has volunteered countless hours of her time and creative efforts in developing gardens in the Eugene H. Hagel Arboretum. Nestled near the western border of Brooklyn Center on 61 and Major Avenues, the serene setting of the Arboretum is a natural • backdrop for the lavish gardens Betty has created and diligently cares for. With her endless enthusiasm for gardening, Betty has also assisted in developing and planting a rose garden in Central Park Plaza. This spring budget constraints threatened the public gardens in Central Park. When Cub Foods and Malmborgs's Garden came to the rescue with plant materials so did Betty who was quick to volunteer in the preparation, planting and weeding of those gardens. Her tireless efforts deserve accolades. Random Acts of Kindness Nomination Form Uwe, Joyce Gulseth would like to nominate the following person, f persons, group, classroom, business, church„ etc. for Random Acts of Kindness to be celebrated during Cities Week in October, 2003. Ay Name: Ginn, 9teffes Address: 7124 Ewinq Avenue North„ Brooklyn Center, MN 55429 (include Street, City, Zip Code) Brief summary of kind act: Community by its most simple definition is a common place where people reside. Community as many of us remember, is a place where individuals, businesses and organizations work together to make the place where they reside and work a better place to live. The following individual has enhanced the definition of Community with all her effort and is very worthy of being nominated for Random Acts of Kindness. Ginny Steffes of 7124 Ewing Avenue North is a passionate gardener and was awarded Best Yard Design in the 2001 Brooklyn Center Landscape and Garden Contest. This spring she brought her passion from her yard to the streets— 69 Avenue to be exact. Ginny observed the overgrown landscaping • surrounding the Water Tower 41 Plaza on 69 and France Avenues and took the initiative to volunteer her services to trim overgrown landscape material, weed beds and plant the garden containers with plant materials she donated. This highly visible area was transformed from blight to beauty and Ginny maintained it that way for the remainder of the growing season. Ginny takes pride in living in this community and hopes her enthusiasm for beautification spreads to other residents. She encourages everyone to "pitch in" and play a part in continuing to make this a great place to live. • • ......................... . . . . - -0-p . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . t�2' (Randa Acts of Kindness Nomination Form D ` V C mcut , would like to nominate the following person, persons, group, classroom, business, hurch, etc. for Random Acts of Kindn ss, to be celebrated during Cities Week in October. Name: Address: (include Stree City, Zip Code) Brief summary of kind act: � v tlQ (L Q.� ajY l � I L I kc)00'5 b -n i a-) Use additional paper if needed. Return Nomination Form by October 1, 2003, to: City of Brooklyn Center, Random Acts of Kindness, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota 55430 ............................................................. ............................... I • ....................................................... ............................... .......... Random Acts of Kindness nomination Form I /we, �) would like to nominate the following person, persons, group, classroom, business, church, etc. for Random Acts of Kindness, to be celebrated during Cities Week in October. Name: 1''C Y� �� i -(n Y� 4 C Address: � ^ Q��ti� �C�1\1�t� Street, ��y (incI d et City, Zip C e) Bri f summary of kind act: � PW\ A �`'�•.� -�„ ' ` �, � �- W Use arlrlitinnal naoer if nee .d '1�0 C) Pat i • l i --� oc v�c� ( CO) i L 5 • ....... ................................................. .............................:i _ Random Acts of Kindness Nomination Fora I /we , � would like to nominate the followin persons, group, classroom, business, church, Kindness, to be celebrated �urch etc. for Random cts of brated during Cities Week in October. Name: Address: J (include Street, City, Zip Code) Brief summary of kind act: 1'� a �� C� A-t-n 4) Q � � 6 1 � t���'�r� t f �Pc9ctoer ,70 ` dit�nal erfp�e d. R urn N in ion _ n Qrnn4hm ('onicr MinnPCnta - 5.5 (� T U � r�w S 7 _ y _ o ®� S�2L,P j�� � e 2 T �e 2 - , 1 `}�..P- � 2�U s � ke-n— kra's h Ile, r s � / 1' 7 /a Q ........................................................................ ............................... ,Random ,Acts of Kindness Nomination Form Ilwe, i�(� lu `V �l Y 1l.lXJ would like to nominate the following person, persons, group, classroom, business, church, etc. for Random cts of Kindness, to celebrated during Cities Week in October. .) o Address: (include Street, City, Zip Code) 1 Brief summary of kind act: aw) Use additional paper if needed. � I Return Nomination Form by October 1, 2003, to: City of Brooklyn Center, Random Acts of Kindness, 6301 Shingle Creek Pa w o innes 4 0 1 ......................................................................... ............................... • • • City of Brooklyn Center • A Millennium Community - Random . m Acts of Kindness • Walk a neighbor's dog Give a compliment • Donate your time to perform lawn services for Tutor a student the elderly or disabled Be a Safety Patrol and help kids get to and from • Collect soda can tabs for recycling o' cyclin and g ive the school safely proceeds to the Ronald McDonald house Pick up litter (Adopt -A- Street or Park) • flake a paper chain with an act of kindness Collect mittens or socks and give to those in written on each link need • Smile at someone who is frowning a Care for the sick • Feed a stranger's expired parking meter a Volunteer in the community (schools, hospitals, • Donate to a food shelf or clothing shelter churches, etc.) • Draw a picture of someone performing a kind act • Be a good neighbor • Photograph someone being kind to another • Plant a tree • Thank your secretary, boss, teacher, or friend for 0 Call a lonely person the little things they do Open a door • Read to a child 0 In the grocery store, let a stranger behind you • Give flowers, just because with only one item go first • Offer a ride • Bake a hot dish for someone who just returned from the hospital • Random Acts of Kindness Nomination Form o we, f' f- a. -r, eA10 , Would like to nominate the following person, persons, group, classroom, business, church, etc, for Random Acts ofKindnesz to be celebrated during Cities Wee in October, 2003. Name: f COL/ O�Y�I s r-7 Address:� (include Street, City, Zip Code) Brief summary of Idnd Use additional paper if needed. Return Nomination Form to: City of Brooklyn Center, Random Acts of Kindness, 6301 Shingle Creek Parkway, Brooklyn Center, MN SS430. • 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 Vie. I 74 61 1'2 �rn I • I • • . . . . . . . • . . . . . . . . . . . . . . . . . . . . • . . . . . . . . • . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . • . . . . . . . . • . . . MI Random Acts of Kindness Nomination Form I /we. Qy\ao, 0)5OV1 would like to nominate the following person, persons, group, classroom, business, church, etc. for Random Acts of Kindness, to be celebrated during Cities Week in October. Name: Address: G- 7 _7n to LXJI% b �A+, AUP . IVO 1_J I (include Street, City, Zip Code) September 2, 2003 I would like to nominate my neighbors, Lynn and Richard (Sandy) Sandavol for their random acts of kindness. I am a single woman trying to take care of my home alone. I have no garage so I don't have many of the things that people keep in their garage, like a snow blower for one. I shovel myself but if we really get dumped on, there will be Lynn 5430 or Sandy blowing out my driveway before I even get home from work. He fertilizes my . ... . . . . ........ . . grass every year when he does his own. When I offer to chip in for the cost he refuses. There are so many, many other little things they do me nearly on a daily bases that I can't go into listing them now. The bottom line is this; I would have never survived home- ownership had it not been for the kindness of my next -door neighbors. I know they will et a ton of credit in heaven for their kindness but it would be nice if they got a little edit here as well. If you have any further questions, please feel free to call me at 763 -560 -9224. Thank you for your time. Linda Olson 6324 Humboldt Avenue North Brooklyn Center, MN 55430 763 -560 -9224 Lolsonl999@aol.com • • j Random Acts of Kindness Nomination Form ,would like to nominate the followin g business, church, etc. for Random Acts of Kindness, to be celebrated during Cities Week in October, son, persons, group, classroom, Name: n� Address: 107 /� v�.01 (in de Street, City, Zip Code ` u "� Brief summary of kind act: UUU �� ` y 9 G� a4A 0p" �� nation Fo ��-�- , to: , Use additio al paper i needed Retu rn Nomination Form by October 1 2003 City of Brooklyn Center, Random Acts of Kindness, 6301 .Shin, glp Creek Brooklyn enter, Minnesota 55430 ; ... ..... �.t'..... C��i?. .. . ............. :.... • • ................. . . . . .. ................................ ............................... Random ,Acts of Kindness Nomination Form I /we. would like to nominate the following person, persons, group, classroom, ; business, church, etc, for Random Acts of Kindness, to be celebrated during Cities Week in October. Name: Address:'? 1v r4e,kI- /v . � `Z u 1 .v�- � R MN �S `�U (include Street, City, Zip Code) Brief summary of kind act: A i Use additional paper if needed. vv a eturn Nomination Form by October 1, 2003, to: \� - r-'T City of Brook] n Center, Random Acts of dnns,6 01 Shingle Creek Parkway, Brooklyn Center, Minnesota 55430 :............ � .��t.. Q. ...... + + ''tom .. ... n ....- 1....................... . p L-4 ,ma • _ T'' ®ZM2q -421 • .............................. ............................... Random Acts of Kindness Nomination Form I /we, 6 J (Gl i would like to nominate the following person, persons, group, classroom, business, r church, etc. for Random Acts of Kindnes be celebrated during Cities Week in October. Name: _ p/ Address: n � (include Stree , City, Zip Code} ! / Brief summary of kind act: AdMkk Use additional paper if needed. Ye • Return Nomination Form by October 1, 2003, to: City of Brooklyn Center, Random Acts of Kindness, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota 55430 ....... ........................................................... ..............................� • City of Brooklyn Center • A Millennium Community Sample Letter to Notify Nominees October 10, 2003 Nominee Dear Nominee: During the celebration of Cities Week held October 5 through 11, 2003, the City Council received nominations to recognize Brooklyn Center residents and groups who have performed random acts of kindness that help make our community a wonderful place to live and work. Congratulations! You have been nominated for Random Acts of Kindness and will be recognized by the Mayor and Council Members during their City Council meeting on • October 27, 2003. The City Council meeting starts at 7 p.m. and is held at Brooklyn Center City Hall in the Council Chambers, 6301 Shingle Creek Parkway, Brooklyn Center. Your presence would be greatly appreciated. Enclosed is a copy of the nomination. If you have any questions, please contact City Clerk Sharon Knutson at 763 -569 -3306. Sincerely, Myrna Kragness, Mayor Kathleen Carmody, Council Member Kay Lasman, Council Member Diane Niesen, Council Member Bob Peppe, Council Member Enclosure cc: Nominator (w /o enclosure) 0 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 an o� c s o K i n n e ss awarded to: SAMPLE — Nominee's Name Here for contributing to the community sp irit �B o Brooklyn Center October 27, 2003 Date Mayor a City of Brooklyn Center A Millennium Community Random Acts of Kindness` R ° • Walk a neighbor's dog • Give a compliment • Donate your time to perform lawn services for 0 Tutor a student the elderly or disabled a Be a Safety Patrol and help kids get to and from • Collect soda can tabs for recycling and give the school safely proceeds to the Ronald McDonald house • Pick up litter (Adopt -A- Street or Park) • Make a paper chain with an act of kindness • Collect mittens or socks and give to those in written on each link need • Smile at someone who is frowning • Care for the sick • Feed a stranger's expired parking meter 0 Volunteer in the community (schools, hospitals, • Donate to a food shelf or clothing shelter churches, etc.) • Draw a picture of someone performing a kind act 0 Be a good neighbor • Photograph someone being kind to another 0 Plant a tree • Thank your secretary, boss, teacher, or friend for • Call a lonely person the little things they do 0 Open a door • Read to a child • In the grocery store, let a stranger behind you • Give flowers, just because with only one item go first • Offer a ride • Bake a hot dish for someone who just returned from the hospital . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Random Acts of Kindness Nomination Form N Uwe, would like to nominate the following person, persons, group, classroom, business, church, etc. for Random Acts ofKindnegs, to be celebrated during Cities Week, in October, 2003. Name: Address: (include Street, City, Zip Code) Brief summary of kind act: Use additional paper if needed. Return Nomination Form to: City of Brooklyn Center, Random Acts of Kindnes-q 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430. — 6301 Shingle Creek Parkway y Recreation and Community Center Phone &TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cityofbrooklyncenter.org AUG -26 -03 06:26 PM Brklvn Peacmkr Ctr 763 566 3231 P.01 Cr-uu -uuATF ACTS Of KINDNESS... ----- —------- w-- • -- - - -- 7 r---------- - - - - -- ---- 1 BC City Council 1 Random Acts of Kindness Nomination Form 1 1 Seeks Your I I /we , would like to nominate the following for 1 Nominations for 1 RandomAct3 of Kindness, to be celebrated during Cities Week in October. Nominee may be "Random Acts of ( a person, persons, group, classroom, business, church, etc. 1 Kindness" ( NAME(S): Join the City of Brooklyn 1 1 Center in celebrating i ADDRESS; kindness in the community 1 Gty Zip Street ! Brooklyn Ccnlvr City Council 1 Briefly summarize Kind Act (use additional paper if needed) 1 will recognize Brooklyn Cenu'rresi- 1 dents and groups for Random Acts ( 1 of Kindness during the celebration ( 1 of Citics Weeks in October. Since 1997, the City of Brookl Center ( Return completed form and other supporting information no later than: Oct. 1, 2003 has honored those individuals and ( Mail to: City of Brooklyn Center, Random Ads of Kindness, 63DI Shingle Creek Pkwy., Brooklyn Center, MN 55430 groups who help Make our commu- L- - - - - -- — — — — — — — — — — — — — — -- -- --- - nity a wonderful place to liee and '- work. Join us in making this cel- ebration, one ofsignificanec by add rn •• �r �` r tbV a4` M:is' S I ing your nominee. ITEN .��. The Cil)' Council asks for nomi- nets to be individuals orgroups who live or work in the Brooklyn Center CHEVROLET community, and who have performed a "random act of kindness" this past r car. To honor our nominee, tom- v.° .•�' plate the nomination fore! and mail it in along with a card, toter, draw-� aE T"C" ' in or hoto ra . ALIBU SE h of the person(s) CAVALIER , , M , , ILVRADO g, p b p p t , IMPALA , , Sedan ILV E Cap performing the "act of kindness," Sad— Coup. Each nomination will be displayed s at the Brooklyn Center City Hal(, so '� _-- make oursubmissions colorful and attractive. Listed bcluw are some ideas for Loaded,TiLCruise, Locks . Windows ._TItGu'se,GD,Spokr3AutoTrare, 6�(Auto,Ax,itelmiterdWges, ax4.AtAo,AUandthe5.3LVA, Random acts o Kindness. Dead &Mulonwre Atlorcny. TMBCruse, Stanxlgat. f , 5 10,499' mme $12,899' $22,599'i line for nominations: Oct. 1, 2003 � $15599' �� All Random acts ojKindnrss will VENTURE be recognized by the City Council t r SILVERADO , , SILVERADO , , TRAILBLAZER , , Ls EKT during ihcOclubomcetingandpre- isoo crew eabls 2600 Eat. Cab LS LS 4X4 senled with an official certificate of f recognition. + Some Random Acts of i Kindness Ideas KNesc Entry Cruse. Lock. Wndcros. 4 Dr. Dower Sliding DoorPOW Loaded. 1500 HD, Rare, 04. In Stock. Ready for Ddrvery, T. Pachwie. Alloy W1eds, and •Read to a child Hard To find Stalrphom. �, Much MOM Seat, Loaded • Cheer up a friend $29,599' 1 5 26 999 i=.I�y� $23,999' $20,999' •Givc blood • Write 10 a service person over- MOpncOSmclvdoa9apphcablerebales- Not aU seas , , T1 I . t , • Clean a classroom for a custodian (students) 2003 CHEV 2002 CHEV 1999 SATURN SLI 2001 CHEV 2000 CHEV S•10 200DGMCSIERRA IMPALA E.lended Cab, 2WO, SLE E4 Cab 4a1 BLAZER LS • Collect items for CEAP —local TRACKER s.dan, JaalTneea, { +{'s, Choice or 7 { Dr, {+4, Kent's • only 26,000 miles? Sedan, BeaullNl Absolutely Ilk. new Arctic While Flawleu Ve Powered M every rmpeet! All OMAN oaiMed Flip food she if Loaded Tr..ka with 20,000 -mae loaded sporty sspd, Ma Im W�1e Vehicle. Evsn.Topper. Top Bed Cover, Chrome • Can for the sick Low Miltape. CO, Suv with Factory stereo and Showroom Alloy Wheel -and Warlanlyl STKel D53 Claan STKaI D{90A S le N al � 5 4P ore! Swel S7K /!5052 • htow /Rake an elderly neighbor's : aclory warranty sale Priced at SAVE. , 6 8,995 1 17,995 yard 6 1(,495 4 12,995 16,995 9,995 • Plant a tree 2000 CHEV 1997 OLDS 2002 CHEV '99 DODGE 2000 CHEV your IL • Give another driver n 2000 PONTIAC BLAZER Y P 90NNEVLE SILVERADO DELTA 98SEDAN SUBURBAN DURANGO Sedan, J.11 1 1 -Ton Crew Cab 4.4 36DO V5 Power, Only LS, 52K, Power Surhen TI e, LAB Wi nd ,Lack., spot miles and all the aSa Its, Every 56.000 M,les! Every Windows, Lolls, CD, C, Windows, Alloy Wheels, • Help a neighbor weeNplanta L...ry Optlons? Option, on. Owner, OptionanOFtawtess! Fear All, LDCks,IOADEDt EXTRA ST Immaculate, Priced drdtn STK61D {5sz STKDU 37 {AA Nle- Ttnek. g' our child's school Sale Pric , 12,995 t 18,995 t 6, ed N to Sell! STN911915A Sale Priced h STKD1 D777P STK911997A STKMt61752 • Volunteer al 'l 995 1 27,995 1 13,995 6 1 },995 Y For more information about 76 -5 601 -9 220 Random Acts of Kindness SERVICE OPEN nominations or other Mon. ridayu tli }1 PM Brooklyn Center City events, r Friday F -694 and Brooklyn Boulevard oro check out the CITY WATCH Service for Brooklyn Center • On the Internet at www.itenchetirx newsletter on their websiteat; RV, Med. Duty www.ci.brooklyn- center.mn.us and More! ®r Go 19DrdM I- W-012V 1 f. , i 9 I City of Brooklyn Center -- Random Acts of Kindness Pagel of 2 ::.V Home Random Acts of Kindness Mayor /Council /Commissions /Charter Since 1997, the City of Brooklyn Center has celebrated Random Acts of Kindness. City Code of Ordinances During the celebration of Cities Week, generally held in October, the Brooklyn Center City Council recognizes all Brooklyn Center residents and groups who have New Residents performed Random Acts of Kindness that help to make our community a wonderful Community /News /Events place to live and work. City Services /Departments Anyone can nominate someone who has performed an act of kindness in the past year. You may send a card or letter, or drawings or photographs of people Parks & Recreation performing kind acts, or look for the City's nomination form in an upcoming City Watch newsletter. Your nomination will be displayed at City Hall, so feel free to Employment make your nomination colorful and attractive. Earle Brown Heritage Center All Random Acts of Kindness nominees are recognized by the City Council during Government Links an October meeting and are presented a certificate. •aimer We look forward to hearing from you. Join us in celebrating kindness in our community! Search GO 6 Full Site Random Acts of Kindness Nomination Form 2003 - Microsoft Word format This Section LIPRandom Acts of Kindness Nomination Form 2003 - Adobe Acrobat format Search Tips City Council Recognizes Random Acts of Kindness - f. y Jy f ul z; x� 2002 Random Acts of Kindness Recipients This is the official site of the City of Brooklyn Center, Minnesota Mavor /Council /Commissions /Charter I City Code of Ordinances I New Residents Community /News /Events City Services /Departments Parks & Recreation I Emplovment I Earle Brown Heritaae Center Government Links ( Disclaimer http: / /www.cityofbrooklyncenter.org/ index. asp? Type =B_ BASIC& SEC= {B5559E13- 4249- 4B81- 8BAB -... 8/26/2003 City of Brooklyn Center -- Random Acts of Kindness Page 1 of 2 Y A9 .. Las A�L ' Home Random Acts of Kindness Mayor /Council /Commissions /Charter City Code of Ordinances Citly Council Seeking Nominations for Random Acts New Residents of Kindness Communi ty g Nominate an individual or gr oup toda ! /News /Events 7' p City Services /Departments Since 1997, the City of Brooklyn Center has celebrated Random Acts of Kindness. During the celebration of Cities Week to be held in October, the Brooklyn Center Parks & Recreation City Council would like to recognize all Brooklyn Center residents and groups who have performed Random Acts of Kindness that help to make our community a Employment wonderful place to live and work. We hope that you will join us in making this a Earle Brown Heritage Center significant celebration for our community. Government Links The City Council is asking that you nominate someone who has performed an act of kindness in the past year. You may send a card or letter, or drawings or •laimer photographs of people performing kind acts, or use the City's nomination form. Your nomination will be displayed at City Hall, so feel free to make your nomination Search colorful and attractive. GO All Random Acts of Kindness nominees will be recognized by the City Council Full Site during an October meeting and be presented a certificate. This Section We look forward to hearing from you. Join us in celebrating kindness in our Search Tigs community! Ideas for Random Acts of Kindness • Give flowers to someone for no reason. • Offer to help your child's school. • Help a neighbor weed or plant a garden. V Adopt a stray animal. V Give another driver your parking spot. V Mow an elderly neighbor's yard. V Plant a tree. V Read to a child. V Care for the sick. • Collect goods for your local food shelf or shelters for the homeless or abused. • Students can clean the classrooms for the janitor. V Give blood. • I : / /www.cityofbrooklyncenter. org /index.asp ?Type =B_EV &SEC= {A 1191 B21- DD97 -44BA- 8962 - l OD... 8/26/2003 City of Brooklyn Center -- Random Acts of Kindness Page 2 of 2 IFRandom Acts of Kindness N_ omination Form - Microsoft Word format t _ • Random Acts of Kindness Nomination Form Adobe Acrobat format This is the official site of the City of Brooklyn Center, Minnesota Home Mavor /Council /Commissions /Charter I City Code of Ordinances I New Residents Community /News /Events I City Services /Departments Parks & Recreation I Emolovment ( Earle Brown Heritaae Center Government Links I Disclaimer You currently have an active admin session: Click to return to Site Administration • • http://www.cityofbrooklyncenter.org/index.asp?Type=B 191 B21- DD97- 44BA -B962- l OD... 8/26/2003 City Council Seeking Nominations for City of Brooklyn Center Random Acts of Kindness 6301 Shingle Creek Parkway Nominate an individual or group today! Brooklyn Center, MN55430 -2199 www. cityojbrooklyncenter. org e -mail the City at: ince 1997, the City of Brooklyn Center has celebrated Random info @ ci.brooklyn- center.mn.us Acts of Kindness. During the celebration of Cities Week to be City Hall (763) 569 -3300 held in October, the Brooklyn Center City Council would like to recognize all Brooklyn Center residents and groups who have Recreation (763) 569 -3400 performed Random Acts of Kindness that help to make our Emergency 911 community a wonderful place to live and work. We hope that you will join us in making this a significant celebration for our Police non- emergency (763) 569 -3333 community. Job Information Line (763) 569 -3307 Persons with hearing or speech impairment are served by the The City Council is asking that you nominate someone who has MN Relay Service 711 (TTYNoice) performed an act of kindness in the past year. You may send a card or letter, or drawings or photographs of people performing Mayor Myrna Kragness kind acts, or use the City's nomination form. Your nomination Voicemail: (763) 569 -3450 will be displayed at City Hall, so feel free to make your mayorkragness @ci.brooklyn- center.mn.us nomination colorful and attractive. Councilmember Kathleen Carmody Voicemail: (763) 569 -3444 All Random Acts of Kindness nominees will be recognized by the councilmembercarmody @ci.brooklyn - center.mn.us City Council during an October meeting and be presented a Councilmember Kay Lasman certificate. Voicemail: (763) 569 -3448 councilmemberlasman@ci.brooklyn-center.mn.us We look forward to hearing from you. Join us in celebrating Councilmember Diane Niesen kindness in our community! Voicemail: (763) 569 -3445 councilmemberniesen @ci.brooklyn - center.mn.us Ideas for Random Acts of 'Kindness" Councilmember Robert Peppe Voicemail: (763) 569 -3446 Pick up litter councilmemberpeppe @ci.brooklyn- center.mn.us • , V ,Offer to "help your child's school.:.. .Help a neighbor'weed or plant a garden.,,' City Manager Michael J. McCauley V Cheer_,up a friend. VI Give'another driver your' "40ang spot , Y Iviaw an slderiy neighbor °s yard City Council meetings are held the 2nd and 4th Monday of the r, " Plant tree, month at 7 PM. Informal Open Forum is held at 6:45 Plot , V Read toachild: - e before Council meetings. Watch City Council meetings live on V► ;%Cat'e far the sick - `> - -.. _" - '` " .' N- & . , . ! ; cable Channel 16. Replays shown Tuesdays at 6:30 PM and V" gocids`foryour local "fond Wednesdays at 2:30 ANt and 10:30 Art. 1R Students can ;cteanhe;classrociiiiSPr►r'the janitor,: yive f.. Call City Hall to verify meeting dates (763) 569 -3300. Random Acts of Kindness Nomination Form I /we, would like to nominate the following person, persons, group, classroom, business, church, etc. for Random Acts of Kindness, to be celebrated during Cities Week in October. Name: Address: (include Street, City, Zip Code) Brief summary of kind act: : Use additional paper if needed. ; Return Nomination Form by October 1, 2003, to: City of Brooklyn Center, Random Acts of Kindness, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota 55430 ............................................................................. ..............................: City Council Agenda Item No. 9a I MEMORANDUM BROO %LYN • CENTER DATE: October 21, 2003 TO: Michael McCauley, City Manager FROM: Todd Blomstrom, Director of Public Worksf SUBJECT: An Ordinance Providing for the Disposition of Land at 69 Avenue and Shingle Creek Parkway On September 22, 2003, the City Council conducted a first reading to establish a date for a second reading and public hearing to consider an ordinance authorizing the sale of property located at 69 Avenue North and Shingle Creek Parkway. The City of Brooklyn Center owns fee simple title to a portion of the land included in the final plat for Wirth Addition (approved on September 22, 2003). This portion of land includes the current alignment of Shingle Creek Parkway. Most of the City -owned land was dedicated to street use in the final plat for Wirth Addition, but a small portion was proposed to be included in Lot 2, Block 1 of the new plat. In order to accomplish this, the fee title to that small piece (roughly 1600 sq. ft) needs to be conveyed to Palmer Lake Plaza, LLC (or other grantee as • designated by Palmer Lake Plaza, LLC). The Engineering Division recommends approval of the attached ordinance. • • CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 27th day of October, 2003, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an ordinance vacating certain public street right of way on Shingle Creek Parkway south of 69 Avenue North. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the Deputy City Clerk at 763 -569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE DISPOSITION OF LAND AT 69 AVENUE AND SHINGLE CREEK PARKWAY THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Real property owned by the City and legally described as follows: That part of Lot 2, Block 1, WIRTH ADDITION, embraced within Lot 29, Block 1 EARLE BROWN FARM TOWNHOMES, Hennepin County, Minnesota shall be conveyed to SPM Construction Company, a Minnesota Corporation (or • other grantee as designated by SPM Construction Company) by quit claim deed, in consideration for $1.00 and other good and valuable consideration. The quit claim deed shall expressly reserve easements of record in favor of the City. This conveyance is not intended to include the City's fee title to that part of Shingle Creek Parkway as dedicated in the plat of WIRTH ADDITION which is embraced within the plat of EARLE BROWN FARM TOWNHOMES. Section 2. This Ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 2003. ATTEST: Mayor City Clerk Date of Publication: Effective Date: (Strikeouts indicate matter to be deleted, underline indicates new matter.) • • ` , � N � - s 9 H WIR 70A,DDI T /ON l R.T. DOC. / a+ttr -.vex Fria w � 7 26� a - f.9J so im 4 4 s 1 M jo %ryol�� � U- aj +(yb.'}Z .K' r\� ry / ' e' ♦ B L Q� C K \ \ e� \ \ ^ C / •� , 8 k 4 n yl jai "y41.�► / 1 41 (7l 5u6�cc -opt I k a+ 7' a li 15 ., o eo IM 1 r 4 \ x,57. s. u4 u. «.1 6„e er Tr d 0. 11 -L3 Mw 1499 N e.w.ey to bw 3101I'J7'E • Tr^d .--t O 1/2 $,d b I{ i+d Iran memimeil eel R �7J• CT GI y. 0 ree,ri6 .fu uc n «eta Ikea. Na Does 'lam RT .K C m il riMNwnbti e�lm1 �1!]i070 n.- (COT) P. C-Ufte1« ✓ Tro. --b— 671024 eM 97102 \ b.en raleled 0006'41' tledeire. �y 0 RLK - Kuuelelo, Ltd. � �— C A SHEET 2 OF 2 SHEETS City Council Agenda Item No. 9b CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 27` day of October, 2003, at 7:00 • p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an Ordinance Amending Chapter 35 of the City Ordinances regarding the zoning classification of certain land. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the Deputy City Clerk at 763 -569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (1501 FREEWAY BOULEVARD) THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 35 -1190. COMMERCE DISTRICT (C2). The following properties are hereby established as being within the (C2) Commerce District zoning classification: Section 35 -1240. PLANNED UNIT DEVELOPMENT DISTRICT (PUD). The following properties are hereby established as being within a (PUD) Planned Unit Development zoning classification: 4. The following properties are designated as PUD /C2 (Planned Unit Development/Commerce): Tract A RTS 1471 Section 2. This ordinance shall become effective after adoption and upon thirty days following its legal publication. Adopted this day of 2003. ATTEST- ayor T City Clerk Date of Publication Effective Date (Strikeouts indicate matter to be deleted, underline indicates new matter.) • • City Council Agenda Item No. 9c r CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 27 day of October 2003at 7:00 P .m. or as soon thereafter as the matter may be heard at the i y City Hall, 6301 Shingle Creek Parkway, to consider an Interim Ordinance for the Purpose of Protecting the Planning Process and Health, Safety and Welfare of the Residents of the City, and Regulating and Restricting Development of religious uses in certain commercial and industrial areas of the City. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Deputy City Clerk at 763 -569 -3300 to make arrangements. ORDINANCE NO. INTERIM ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY AND WELFARE OF THE RESIDENTS OF THE CITY, AND REGULATING AND RESTRICTING DEVELOPMENT OF RELIGIOUS USES IN CERTAIN COMMERCIAL AND INDUSTRIAL AREAS OF THE CITY THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER ORDAINS AS FOLLOWS: Section 1. Backeround. • 1.01. The City Council has determined that current land use controls on religious uses in commercial and industrial zones are not adequate to: a. protect minors from undesirable or dangerous conditions that may exist in commercial or industrial zones including noise, dust, fumes, traffic and inappropriate social influences; b. preserve commercial and industrial land for uses that provide more jobs in the community; C. preserve commercial land for uses that provide convenient services and shopping for residents; d. preserve commercial land for uses that support other nearby commercial activities by drawing shoppers to the area for multiple -stop shopping activities; e. provide for placement of uses involving minors in areas of the city that have adequate arks and recreational opportunities to which the have q P PP y safe and reasonable access; and f. assure that uses in commercial zones are compatible and will not reduce • property values of adjacent or nearby properties; impede orderly development or redevelopment; or cause disinvestment, decline in commercial activity, or urban decay and deterioration. I • ORDINANCE NO. 1.02. The Council has determined that there is a need for further studies to be conducted so that the City may adopt appropriate amendments to its Comprehensive Plan and zoning code so as to ensure protection of the public health, safety and welfare. The Council has directed that such studies be undertaken. 1.03. The Council has therefore determined that there is a need for an interim ordinance to be adopted for the purpose of protecting the planning process and the health, safety and welfare of the citizens of the City and ensuring that the City and its citizens retain the benefits of, and protection sought to be afforded by, the City's Comprehensive Plan and zoning ordinances until such studies are completed, and any modifications to the City's Comprehensive Plan and zoning and land use regulations are effective. Section 2. Determination. 2.01. This interim ordinance shall apply to all properties in the City zoned C -1, PUD C -1, C -lA, PUD C -lA, C -2, PUD C -2, I -1, PUD I -1, I -2, PUD I -2, and PUD Mixed. 2.02. During the period this interim ordinance is in effect, no property within the subject . area may be developed or redeveloped, nor shall any site plan approvals, rezonings, licenses (other than renewals), plattings or replattings, land divisions or consolidations, special use permits or building permits be issued by the City, for any religious uses. 2.03. This ordinance shall remain in effect for six months following its effective date, unless earlier modified, repealed or extended by the City Council. Section 3 Applicability. 3.01. This ordinance applies to any application for site.plan approvals, rezonings, licenses, lattin s or re lattis n land divisions or consolidations special use e P g P g, p permits or building permits that have not received preliminary approval by the City Council before the date of adoption of this ordinance. Section 4. Effect on Pending Applications. 4.01 All applications subject to this moratorium that are pending or that are received during the time this ordinance is in effect shall be deemed to be denied for purposes of Minnesota Statutes, Section 15.99. The City Manager shall cause notification of such denial to be given to all applicants stating the adoption of this ordinance as the reason therefor. Fees paid in connection with such applications shall be returned or is refunded to the applicant. • ORDINANCE NO. Section 5. Effective Date. 5.01. 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: • r • MEMORANDUM TO: Michael McCauley, City Manager FROM: Brad Hoffman, Community Development Director DATE: September 17, 2003 SUBJECT: Moratorium/Emergency Ordinance The Council will have before them a first reading of an emergency ordinance that would create a moratorium on the development or placement of new religious buildings within the City. The moratorium would be for a sixty (60) days. A regular ordinance would follow creating a six (6) month study period. Currently, churches are allowed as a special use in RI, R2, R5 and I1 zones. Churches are a permitted use in C 1 and C2 zones. Of particular concern is the availability of commercial space that can potentially be • converted to churches. Recently, the Salvation Army building was converted to a church. Staff has received inquiries relative to the sale and conversion of the State Farm building to a church as well as another site in the opportunity site. A number of buildings within the opportunity site are or will be available to such conversion. While Brooklyn Center has considered the placement of churches in the past, the potential for such conversions in the opportunity site could have a profound impact upon the City's ability to redevelop that area. A moratorium would permit the City to consider the impact such development will have as well as the appropriateness of different zonings for church development. The City Attorney will have a prepared draft of an ordinance for Council consideration. Assuming the Council adopts the moratorium,' the matter would be referred to the Planning Commission for study and recommendations. I will be available Monday evening to answer questions on this matter. • City Council Agenda Item No. 9d l� Michael McCauley,- Brookly Center Fran chise Fee lette 10- 27- 03.doc CenterPoint_ Energy Minnegasco October 27, 2003 Mr. Michael McCauley City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 -2199 Dear Mr. McCauley, As a provider of essential energy services in Brooklyn Center since 1927, we appreciate the mutually cooperative relationship we've come to enjoy over the years. Now, as the city moves closer to imposing a franchise fee, we appreciate your consideration on four items that we believe will snake the fee more predictable, less burdensome and more equitable. Specifically, we suggest the following: 1) Apply fees equally between all utility providers in the City. 2) Use a "flat meter fee" when calculating fees instead of "gross revenue ". 3) Specify that franchise fees collected by CenterPoint Energy Minnegasco be "in lieu of permit fees that would otherwise be paid. 4) Create a "sunset provision" to allow the fee to be revisited at a future date. The attached document provides a brief overview of the reasoning behind all four of these suggestions. Michael, although we prefer that customers receiving gas service in Brooklyn Center not be subject to additional fees at all, we understand the financial strain the City is under and will work cooperatively with you to collect and pay the franchise fees, should the council choose to impose them. Having said this, we also have an obligation to our customers to provide safe reliable energy services at the lowest possible cost — bottom line. To that end, we are hopeful the City gives serious consideration to these four suggestions and moves to incorporate the same into the ordinance that you are considering at this time. Sincerely, Al Swintek Manager, Local Government Relations 612- 321 -4799 CC Mayor Kragness & members of the city council I r Michael McCauley - Brooklyn Center Franchi Fee letter 10- 27- 03.doc Page 2 Brooklyn Center Franchise Fee Suggested Modifications to Proposed Ordinance As the City considers imposing a franchise fee on gas and electric service in Brooklyn Center, the following suggested modification are respectfully submitted for City Council consideration. 1) Apply fees equally between all utility providers in the City • It is unfair to impose a larger fee on any one utility. In addition, fees should not tilt the competitive playing field and /or make one form of energy seem less affordable than would otherwise be the case if fees weren't imposed. 2) Use a "flat meter fee" when calculating fees instead of "gross revenue" • Since energy rates and consumption vary widely from month to month, a flat meter fee provides a more stable, predictable fee structure than using gross revenues. • Often times customers who are least able to afford additional fees live in homes that are less energy efficient, meaning they use more energy and consequently pay higher fees. • Since there is little correlation between the fees being collected and the services being provided, the flat fee allows like customers to pay the same fee (all houses pay the same). • A flat fee helps minimize the competitive disadvantage that is otherwise placed on Minnegasco with the gross revenue method. This is particularly evident with customers that have the ability to switch to propane or oil, essentially avoiding the franchise fee completely by turning off their gas and switching to their alternate fuel. 3) Incorporate language specifying that franchise fees collected by CenterPoint Energy Minnegasco be in lieu of permit fees that would otherwise be paid • Since natural gas and electricity are necessary, essential services, it seems overly burdensome for franchise fees to be "in addition to" taxes and fees already associated with these utility services. Those fees include: a) sales tax, b) personal property tax, c) franchise fees, and d) permit fees. Given this, Brooklyn Center may feel (as we do) that it is reasonable for franchise fees to replace permit fees. • The administrative cost associated with billing the relatively small number of permits associated with gas distribution system upgrades ($2,517 in 2002) would be offset by the newly imposed franchise fee. 4) Create a "sunset provision" in the ordinance to allow the fee to be revisited at a future date • Although the City may feel imposing a new franchise fee is unavoidable at this time, in the future, the financial situation could change, making the franchise fee an unnecessary form of revenue for the city. • By incorporating language that allows the fee to expire and /or be reviewed at a predetermined future date, this council will have set the groundwork for future councils to revisit the issue and make adjustments as the future circumstances allow. City of Brooklyn Center A Millennium Community • MEMORANDUM TO: Mayor Kragness, Councilmembers C y, Lasman, Niesen, and Peppe FROM: Michael J. McCauley DATE: October 23, 2003 SUBJECT: Franchise Ordinance The franchise ordinance with Xcel Energy provides for a maximum franchise fee of two percent. The ordinance further provides that if two or more cities have franchise fees in excess of two percent, the city may proceed with a higher franchise fee. Xcel Energy then may accept or refuse to accept this change in the franchise ordinance. If Xcel Energy did not accept the franchise fee, the franchise ordinance may be voided and there would be no franchise agreement for Xcel Energy. Attached is a copy of correspondence from the City Attorney to Xcel Energy notifying them of our proposed action and that the cities of Robbinsdale and Little Canada have adopted franchise fees higher than three . percent. While there are a number of cities that have adopted franchise fees greater than two percent, these two cities meet the criteria set forth in our franchise ordinance with Xcel Energy to allow us to proceed. We are hopeful that Xcel Energy will work cooperatively with us since there a number of cities, as indicated, that have adopted franchise fees of three and four percent with Xcel Energy cooperating with those cities in collecting those franchise amounts. 10 01 Shingle Creek Parkway Recreation and Communit y 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 470 Pillsbury Center 200 South Sixth Street k, 14p1 III Minneapolis MN 55402 (612) 337 -9300 telephone (612) 337 -9310 fax c H A R T E R E o http: / /www.kennedy- graven.com CHARLES L. LEFEVERE Attorney at Law Direct Dial (612) 337 -9215 Email: clefevere @kennedy- graven.com October 15, 2003 VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED General Counsel Law Department Xcel Energy 414 Nicollet Mall Minneapolis, MN 55401 Re: City of Brooklyn Center; Franchise Fee • Dear Sir or Madam: I represent the City of Brooklyn Center, Minnesota, as legal counsel. By separate letter, a copy of which is enclosed, the City of Brooklyn Center placed Xcel Energy on notice of its intent to impose a franchise fee. A copy of the proposed ordinance imposing a franchise fee of 3% is attached. The fee currently authorized by the existing franchise ordinance is 2 %. However, Section 10 of the franchise agreement provides for a re- opener on the franchise ordinance to authorize fees substantially identical to franchise fees being collected in two or more cities identified in the notice. This letter will serve as notice under .Subdivision. 10 of Lie franchise of amendment of the franchise in accordance with Section 10. Franchise fee ordinances of three or more percent have been adopted in the cities of Robbinsdale and Little Canada. The specific proposal of the city is to substitute 3% for 2% throughout Subdivisions 1 and 2 of Section 9. Under Section 10 of the franchise, Xcel is given 90 days to refuse to amend the ordinance. The City would be most appreciative if Xcel could promptly approve the proposed amendment to the franchise ordinance so that collection may begin effective in January 2004. • CLL- 238916vl BR291 -161 General Counsel Ltr • October 15, 2003 Page 2 We will be contacting you in the near future to discuss voluntary amendments to the franchise ordinance. Otherwise, please feel free to give me a call at the number listed above. Very truly yours, Charles L. LeFevere CLL:peb Enclosure cc: Pat Cline Mike McCauley • • CLL- 238916v1 BR291 -161 CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 27 day of October 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 . electric franchise fee ordinance. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the Deputy City Clerk at 763 -569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE IMPOSING AN ELECTRIC FRANCHISE FEE ON NORTHERN STATES POWER'S OPERATIONS WITHIN THE CITY OF BROOKLYN CENTER THE CITY COUNCIL OF BROOKLYN CENTER, HENNEPIN COUNTY, MINNESOTA, DOES ORDAIN AS FOLLOWS: SECTION 1. The City Code is hereby amended to include the following Special Ordinance. Subd. 1. Purpose The Brooklyn Center City Council has determined that it is in the best interests of the City to impose a franchise fee or equivalent fee on those public utility companies that provide gas or electric services within the City. Pursuant to City Ordinance No. 97 -09, a Franchise Agreement between the City and Northern States Power, dba Xcel Energy ( "NSP "), the City has the right to impose a franchise fee. Subd. 2. Franchise Fee. A franchise fee ( "Fee ") is hereby imposed on NSP under its electric Franchise in the amount of 3.00% of the gross revenue of NSP operations within the City applied to each customer on an equal percentage basis, commencing with the NSP January, 2004 billing month. Subd. 3. Pavment. The Fee shall be payable to the City in accordance with the terms set forth in • the Franchise. Subd. 4. Surcharee. The City acknowledges that NSP may choose to add the full amount of the Fee as a customer surcharge to reimburse the Company for the Fee. NSP shall provide to the City a copy of the proposed customer bill line item describing the Fee thirty days before the first bill collecting the Fee is sent to customers. Subd. 5. Prdof of Customer Usaae. NSP shall make each payment when due and shall quarterly furnish a complete and correct statement of gross operating revenues for said quarter. NSP shall permit the City and its designated representative reasonable access to the company's records for the purpose of verifying such statements. Subd. 6. Enforcement. Any dispute, including enforcement of a default regarding this ordinance will be resolved in accordance with the Franchise. SECTION 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 2003. ATTEST: Mayor City Clerk • Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted.) CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing at will be held on the 27`'' day of October 2003, at 7:00 p.m. or as soon thereafter as the matter may City Q Y t Hall 6 301 Shingle Creek Parkway, to consider a . natural gas franchise fee ordinance. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the Deputy City Clerk at 763 -569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE IMPOSING A NATURAL GAS FRANCHISE FEE ON CENTERPOINT ENERGY MINNEGASCO'S OPERATIONS WITHIN THE CITY OF BROOKLYN CENTER THE CITY COUNCIL OF BROOKLYN CENTER, HENNEPIN COUNTY, MINNESOTA, DOES ORDAIN AS FOLLOWS: SECTION 1. The City Code is hereby amended to include the following Special Ordinance. Subd. 1. Pumose The Brooklyn Center City Council has determined that it is in the best interests of the City to impose a franchise fee or equivalent fee on those public utility companies that provide gas or electric services within the City. Pursuant to City Ordinance No. 2003 -06, a Franchise Agreement between the City and CenterPoint Energy Minnegasco ( "CENTERPOINT "), the City has the right to impose a franchise fee. Subd. 2. Franchise Fee,. A franchise fee ( "Fee ") is hereby imposed on CENTERPOINT under its natural gas Franchise in the amount of 3.00% of the gross revenue of CENTERPOINT operations within the City applied to each customer on an equal percentage basis, commencing with the CENTERPOINT January 1, 2004 billing month. • Subd. 3. Pavment. The Fee shall be payable to the City in accordance with the terms set forth in the Franchise. Subd. 4. Surcharge. The City acknowledges that CENTERPOINT may choose to add the full amount of the Fee as a customer surcharge to reimburse the Company for the Fee. CENTERPOINT shall provide to the City a copy of the proposed customer bill line item describing the Fee thirty days before the first bill collecting the Fee is sent to customers. Subd. 5. Proof of Customer Usaee. CENTERPOINT shall make each payment when due and shall quarterly furnish a complete and correct statement of gross operating revenues for said quarter. CENTERPOINT shall permit the City and its designated representative reasonable access to the company's records for the purpose of verifying such statements. Subd. 6. Enforcement. Any dispute, including enforcement of a default regarding this ordinance will be resolved in accordance with the Franchise. SECTION 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of .2003. ATTEST: City Clerk Mayor Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted.) City Council Agenda Item No. 9e Office of the City Clerk City of Brooklyn Center A Millennium Community MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk 4W'W��� DATE: October 6, 2003 SUBJECT: Public Hearing: Consideration of Renewal Application for a Currency Exchange License Submitted by Community Money Centers, Inc. dba Money Centers, 6219 Brooklyn Boulevard Resolution Authorizing Issuance of a Currency Exchange License to Community Money Centers, Inc. dba Money Centers, 6219 Brooklyn Boulevard, Brooklyn Center, Minnesota The Minnesota Department of Commerce has received an application from Community Money Centers, Inc. dba Money Centers to renew its currency exchange license to operate at 6219 Brooklyn Boulevard, Brooklyn Center, Minnesota, and has forwarded a copy of the complete application to the City of Brooklyn Center for review. The City Council approved the renewal application last year at its • November 25, 2002, meeting. Initial application was approved on July 26, 1999. Minnesota Statute § 53A.04 requires the Minnesota Department of Commerce to submit any application for licensure as a currency exchange to the governing body of the municipality in which the currency exchange proposed to conduct business. The Statute requires the governing municipality to render a decision regarding issuance or denial of the license within 60 days; it also requires the governing municipality to publish notice of intent to consider the license (published in the Brooklyn Center Sun - Post October 16, 2003). Community Money Centers, Inc. dba Money Centers, has submitted to the Minnesota Department of Commerce a renewal application, along with the appropriate fee, current fee schedule used for cashing checks, surety bond in the amount of $10,000, and background investigation by the Bureau of Criminal Apprehension. Attached is a printout from Police Chief Bechthold regarding police activity at this location since November 1, 2002. Attachments 4 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cityofbrooklyncenter.org Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION AUTHORIZING ISSUANCE OF A CURRENCY EXCHANGE LICENSE TO COMMUNITY MONEY CENTERS, INC. DBA MONEY CENTERS, 6219 BROOKLYN BOULEVARD, BROOKLYN CENTER, MINNESOTA WHEREAS, Minnesota Statute 53A.04 requires the Minnesota Department of Commerce to submit any application for licensure as a currency exchange to the governing body of the municipality in which the currency exchange proposes to conduct business; and WHEREAS, the Minnesota Department of Commerce has received an application from Community Money Centers, Inc dba Money Centers, 6219 Brooklyn Boulevard, Brooklyn Center, Minnesota; and WHEREAS, the City of Brooklyn Center allows for such conduct on premises within the City of Brooklyn Center. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the issuance of a currency exchange license to Community Money Centers, Inc. dba Money Centers to operate at 6219 Brooklyn Boulevard is hereby approved. • Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • pOKLYN CENTF BROOKLYN CENTER POLICE DEPARTMENT POLICE MEMORANDUM TO: Sharon Knutson, City Clerk FROM: Scott Bechthold, Chief of Police DATE: October 6, 2003 SUBJECT: Money Center Calls for Service Below please find the information you recently requested regarding calls for service to Money Centers, located at 6419 Brooklyn Boulevard, as they have applied to the Minnesota Department • of Commerce to renew its currency exchange license. The calls for the period of November 2002 — October 2003 are: Call Tvve Number Alarms 1 Disturbing the Peace 1 Forgery 1 Suspicious Activitv 2 TOTAL 5 Based upon this information, I see no problem with renewing the license application for Money Centers. Please feel free to contact me if you should have any questions. • MINNESOTA • DEPARTMENT OF 85 7th Place East, Suite 500 ® 7A& St. St. Paul, Minnesota 55101 -2198 651.296.4026 FAX 651.297.1959 TTY 651.297.3067 October 1, 2003 Sharon Knutson, City Clerk City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 -2199 CERTIFIED MAIL RE: Community Money Centers Inc. dba Money Centers — License #20202409 Currency Exchange License Renewal for 2004 Dear Ms. Knutson: The above -named currency exchange licensee has made application to renew its currency exchange license to operate at: 6219 Brooklyn Blvd. Brooklyn Center, MN • Pursuant to Minnesota Statutes Chapter 53A.04, we are forwarding a copy of the complete renewal application to the City of Brooklyn Center in care of your office for you to review. Minnesota Statutes Chapter 53A.04 requires the Department of Commerce to submit any application for licensure as a currency exchange to the governing body of the municipality in which the currency exchange conducts business. The law further requires the governing body of the municipality to render a decision regarding the renewal of the license within 60 days. Your cooperation in forwarding this information to the proper unit within your organization is appreciated. Your reply must be received within 60 days of receipt of this letter. If you have any questions, please contact me at the telephone number listed below. Ve H. your R in H. Brown Financial Examinations Division 651- 282 -9855 651- 296- 8591(Fax) • Enclosure Market Assurance: 1.800.657.3602 Licensing: 1.800.657.3978 Energy Information: 1.800.657.3710 Unclaimed Property: 1.800.925.5668 www.commerce.state,mn.us An Equal Opportunity Employer MINNESOTA 2003 LICENSE RENEWAL NOTICE CURRENCY EXCHANGE COMMUNITY MONEY CENTERS INC License Type: CURRENCY EXCHANGE 0 dba: MONEY CENTERS 6219 BROOKLYN BLVD License Number: 202024094 r BROOKLYN CENTER, MN 55429 Company Structure: CORPORATION Renewal Fee: $500 Phone Number: (763) 535 - 6872 [ j Check this box if you will not be renewing the license for the year 2004. AFFIRMATION: Returning the form will serve as a SURRENDER of the license. I hereby certify that the information and responses contained in this renewal application are true and correct to the best of my kn Cary D. Gelb President 0 N Prin Title a ' P � Z / 3 Signat `"'� Date 1 0 NO Y SEA Subscribed and sworn to, before me, a Notary Public, this 2l4 day of iE; 2003. a z rn B o rn M/ in o r ate of C_ o c D St County of 14�c.►��7/`- m a' rn ' Notary Public- -Signe re - o` My commission expires �3� d N) D C �— `) — You must return this entire 2 -page form with attachments, signed, along with your renewal paymen , to`. Minnesota Department of Commerce Financial Examinations Division 85 - 7th Place East, Suite 500 St. Paul, MN 55101 -2198 *ORRECTIONS /AMENDMENTS: Make name, address or telephone number corrections directly on the form above. • For a name change, attach a copy of the amended name filed and stamped by the Minnesota Secretary of State. • If the company uses an assumed name in Minnesota and the name is not included in the above information, attach a copy of the Assumed Name Certificate from the Minnesota Secretary of State. • P.O. Box addresses are not acceptable. Renewals without a street address will be returned. TIMELY RENEWAL: The renewal form must be signed, notarized, and dated and returned with the correct renewal fee by Sept. 2, 2003. • Pursuant to Minnesota Statutes, Chapter 53A.04(a), regarding the licensing of currency exchanges, both state and local approval of the issuance and renewal of a currency exchange license is required. This process may take up to 120 days; therefore, you should return the required forms immediately to ensure a timely renewal. • If all required forms are not fully completed and returned to our office with payment by September 2, 2003, your license will lapse effective December 31, 2003. If yOUr license does lapse, you must reapply for a license using the license application form and paying the new license fees. • A properly renewed license will be valid through December 31, 2004. RENEWAL FEE: • NO CASH ACCEPTED. Please make check or money order payable to MN. DEPT. OF COMMERCE. • NOTICE: Dishonored checks will be assessed a $30 service fee by law and may result in failure to renew license. • Renewal fees are non - refundable except that an overpayment of a fee will be refundable upon proper application. If you have questions, please contact the Financial Examinations Division by e-mail at financial.commerce @state.mn.us or by telephone at (651) 282 -9855. • MONEY CENTERS 6219 BROOKLYN BLVD BROOKLYN CENTER, MN 55429 Page 1 of 2 i MINNESOTA 2003 LICENSE RENEWAL NOTICE CURRENCY EXCHANGE The following information must be completed as part of the renewal application: • Attach to this form a list of the name(s), business and residence address, and official title of each director, officer, limited or general partner, manager, shareholder holding more than ten percent of the outstanding stock of the corporation, and employees with authority to exercise management or policy control over the company or member of the licensee. The list should contain the equity ownership of each person. 2. Each person listed in item 1 must request the Bureau of Criminal Apprehension conduct a background investigation on the form provided. Completed forms must be submitted with your renewal application. 3. Attach a current fee schedule of all fees charged by the currency exchange office for cashing checks, money orders or travelers checks. The list must include the type of checks cashed, the fees charged, and whether or not the fees vary depending on the amount of the check. 4. Attach the $10,000 Surety Bond (on the forms provided) with a power of attorney form. The bond must be effective January 1, 2004, until December 31, 2004. 5. Does the licensee have employees at the currency exchange location? [ X ] Yes [ ] No If yes, you must provide evidence of current workers' compensation insurance. Attach a copy of the certificate of insurance. 6. Does the licensee operate any other currency exchange locations? ( X ] Yes ( ] No If yes, attach to this form the name of the location, the street address, city, state, zip code, and county. 7. Contact person for questions relating to licensing issues: Community Money Name Cary D. Geller President Centers, Inc. . Title Firm Name Street Address 6525 Nicollet Ave City Richfield State /Zip Code MN 55423 Telephone Number 612 866 -5674 carydgeller @msn.com Fax Number 612 866 -4342 E -mail address 8. Contact person for questions relating to consumer complaints: Community Money Centers, Inc. N Cary D. Geller President Name Y T ;iie Firm Name Street Address 6525 Nicollet Ave City Richfield State /Zip Code MN 55423 carydgeller@msn.com Telephone Number 612 866 -5674 Fax Number 612 866 -4342 E -mail address 9. Contact person at the currency exchange location: Name Rosa I. Hargrove Title Coordinator Street Address 6219 Brooklyn Blvd. City Brooklyn Center State /Zip CCde MN 55423 • Telephone Number 763 535 -6872 Fax r 763 533 -6930 I _ address N/A . ax Numbe. F , _ may! a..d...,,s Page 2 of 2 0 "'N O TERS L, fil Lri�Cc • We make it easy. Community Money Centers, Inc. Corporate office August 2e, 2003 6525 Nicollet Avenue P.O. Box 23090 List of Owner & Manager Richfield, MN 55423 Tele: 612 866.5674 Fax: 612 866.4342 Cary D. Geller 100% President Monev Centers - — - - - -- -- -- - - -- 6525 Nicollet Ave. Richfield, MN 55423 = Money Center locations 1532 University, Suite #100 Residence: St. Paul, MN 55104 6145 Arctic Way Tele: 651 645.3965 Edina, MN 55436 Fax: 651 645.8090 6525 Nicollet Avenue Richard P. Krietzman- Blazevic 0% Sec /Treasurer Richfield, MN 55423 Money Centers - - -- - - - - - - - -- - - — - - - - - - Tele: 612 866.6505 6525 Nicollet Ave. Richfield, MN 55423 Fax: 612 866.4342 Residence: 5520 24 Ave. S. 2600 Nicollet Avenue Minneapolis, MN 55417 Minneapolis, MN 55408 Tele: 612 870.2885 Fax: 612 870.2975 6219 Brooklyn Boulevard Brooklyn Center, MN 55429 Tele: 763 535.6872 Fax: 763 533.6930 • 8132 Highway 7 St. Louis Park, MN 55426 Tele: 952 935.7100 Fax: 952 988.0148 Q ,:' f' �'7. °xK`� 1 a' +Y -, . •yr HY." x,1(1 ,N•AS'w - va.' "r � 7.h^ 4.f ,,,. *� i5 *. G. ' e%sx 'z .:t '.aq . �: , g . 5,- Fee Percentage of Total Check c Amount _ The percentage is determined ,rr by the type of check cashed. Type of Check r = "a 4% Government Check on the first visit w ". 2.5% Government Check $500 or less on subsequent visits `x 3% Government Check $500.01 or more on subsequent visits $, . {v_' 4- Computerized Payroll on the first visit W Y 6% Other Payroll on the first visit 3% All Payroll on subsequent visits 6% Insurance Check or Draft 3% Loney Order Issued by Money Centers :x 6`'/Q honey Order Issued by bank 1 0% Money Order Issued by others k.;Jiy.d,3z5.c; r '" Cashier's Check ". 12.5% Personal Check r ALL CHECKS CASHED ARE SUBJECT TO A 750 PER ITEM SURCHARGE. A $30 per item fee will be charge for returned checks. US We make if easy! z BOND NUMBER: 94792 STATE OF MINNESOTA • DEPARTMENT OF COMMERCE CURRENCY EXCHANGE SURETY BOND KNOW ALL PERSONS BY THESE PRESENTS: That Community Money Centers Inc dba Money a Minnesota corporation (Name of Currency Exchange) Centers (Description or form of business organization, including state of incorporation) with business office at 6219 B rooklyn Bcmilp-unrd, Rrnnklvn rpnt MN 55Li2A (Street Address, City, State, Zip) as PRINCIPAL and EMPIRE FIRE & MARINE INSURANCE COMPANY OF OMAHA, NE (Name of Surety) a corporation duly organized under the laws of the State of Nebraska which is authorized to engage in the business of insurance in the State of Minnesota, as SURETY, are hereby held and firmly bound to the Department of Commerce of the State of Miiinesota in the sum of TEN THOUSAND DOLLARS ($10,000). Principal and Surety hereby bind themselves, their representatives, successors and assigns, jointly and severally by these presents. - -The- parties - further- "agree -that: 1. The purpose of this obligation, which is required by Minnesota Statutes, Section 53A.08, is to secure the compliance by Principal with the terms of Minnesota Statutes, Section 53A.02 to 53A.13, and any other legal obligations arising out of the Principal's conduct as a currency exchange. 2. This bond is for the benefit of the State of Minnesota and all persons suffering damages by reason of the Principal's failure to comply with Minnesota Statutes, Section 53A.02 to 53A.08, or other legal obligations arising out of Principal's conduct as a currency exchange. 0 3. If the Principal shall violate Minnesota Statutes Section 53A.02 to 53A.08 r o other legal obligations arising out of its conduct as a currency exchange, the Commissioner of Commerce, as well as any person damaged as a result of such violation shall have, in addition to all other legal remedies, a right of action on this bond in the name of the injured party for loss sustained by the injured party. 4. This bond shall be effective from January 1, 2004 until December 31, 2004 (Year) Signed and Sealed this 18t day of Au —gust 2003 B EMPIRE FIRE & MARINE INSURANCE By:��� (Name of Surety) (Signa e of Attorney in Fa o ety C jany) Community Money Centers Inc Rha H i s By: dba Money Centers By (Name of Curren Exchan e � / �i r Y g) (Signature f Sole Proprietor, Panne., or President) Car D. Geller, President * * * * * * * * * * * * * * * * * * * * * * * * FOR DEPARTMENT USE ONLY Approved as to form and execution by Department of Commerce. • Date 1 MN/DOC CE BOND 7/1999 1. This page is to be completed by a notary public for both the Principal and the Surety. 2. Please attach the Power of Attorney and Certified Copy of the Corporate Resolution for the Surety listed herein. STATE OF MINNESOTA ACKNOWLEDGMENT OF PRINCIPAL ) COUNTY OF ) ss. (SOLE PROPRIETORSHIP) The foregoing instrument was acknowledged before me this xxxx d of xxxxxxxxxxxxxx xxxxxx by xxx xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx (Name of person acknowledged) xxxxxxxxxxxxxxxxxxxxxxx NOTARY SEAL Notary Public (PARTNERSHIP/LIMITED LIABILITY COMPANY) The foregoing instrument was acknowledged before me th is xxxx day oxxxxxx_xxxxxxxxx , xxxxxxx. by xxx xxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxx a partner on behalf of xxxxxxxxxxxx_ (Name of acknowledging partner) xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx ,a partnership. (Name of partnershipflimited liability company) xxxxxxxxxxxxxxxxxxxxxxx NOTARY SEAL Notary Public • (CORPORATION) The foregoing instrument was acknowledged before me this 18th day of August .2003 b Cary D. Geller ,Presidentof Community Money (Name of corporate president) Cent n dba or� ey Centers , a Minnesota corporation, on e oration acknowledging) (state of i corporation) behalf th tWE ELIZABETH PAUL . �A `F Notary Public AMT innesota -� M 5 o §Wales Jan. 31, 2007 Notary Public STATE OF MINNESOTA ACKNOWLEDGMENT OF SURETY � COUNTY OF HENNEPIN ) ss. The foregoing instrument was acknowledged before me this 18th day of August 7 2003 , b Richard H. Davies, Attorney —in —Fact (Name and title of officer or agent) of EMPIRE FIRE & MARINE INSURANCE COMPANY OF OMAHA, NE (N -We of co oration acknowledging) a ebr aWa corporation, on behalf of the corporation. (state of incorporation) /), j .� „1, PATRIC9U ZASKE • NOT Notary Public Notary Public (/ ' °� ttRy 'con+�ton�p;res;ran.3'l.20s7 � / 4 2 MN/DOC CE BOND 7/1999 EMPIRE FIRE AND MARINE INSURANCE COMPANY OMAHA, NEBRASKA POWER OF ATTORNEY � e�ow All Men by These Presents: That this Power of Attomey is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That EMPIRE FIRE AND MARINE INSURANCE COMPANY, a corporation duly organized under the laws of the State of Nebraska and having ts principal g p c pal office in the City of Omaha, County of Douglas, State of Nebraska, does hereby make, constitute and appoint Richard H. Davies, Carolyn L. Davies, Matthew W. Davies and Jonathan S. Davies its true and lawful Attorneys) -in -fact, to make, execute, sign, seal and deliver for and on its behalf as surety and as its act and deed any and all bonds and undertakings of - suretyship. NOT EXCEEDING IN AMOUNT Seven Hundred and Fiftv Thousand and No /100--- - --- -- ------------ _ ------------ _ --- _ ------- - -- Dollars ($ 750.000. ) and to bind EMPIRE FIRE AND MARINE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of EMPIRE FIRE AND MARINE INSURANCE COMPANY and sealed and attested to by one other of such officers, and hereby ratifies and confirms all that its said Attomey(s) -in -fact may do in pursuance hereof. This power of attorney is granted under and by authority of Article III, Section 3.1 of the By -Laws of the EMPIRE FIRE AND MARINE INSURANCE COMPANY and by Resolution of the Board of Directors duly adopted as follows: - _ "All bonds, policies, undertakings or other - obligations of the corporation shall be executed in the corporate name of the Companyby the Chairman of the Board, - President, any Vice - President, Secretary, any Assistant Secretary, or Treasurer, or by such other officers _as,the Board of Directors may authorize._ The__ Chairman_ of the- Board, President,_any_Vice- President, Secretary,-any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings or other obligations of the corporation." It is certified that the above is a true and exact copy. In Witness Whereof, the EMPIRE FIRE AND MARINE INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed, duly attested by its Secretary this 6th day of February , 2003 Attest: EMPIRE FIRE AND MARINE INSURANCE COMPANY • Secreta G� President STATE OF NEBRASKA ) ) ss. COUNTY OF DOUGLAS) On this 6th day of February A.D. 2003 before me personally came John Kinsler tome known, who being by me duly sworn, did depose and say: that he resides in the County of Douglas, State of Nebraska; that he is the Secretary of the EMPIRE FIRE AND MARINE INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. Signed and sealed at the City of Omaha. Dated 6th day of February , 2003 Nota 1 blic CERTIFICATE I, the undersigned, Secretary of the EMPIRE FIRE AND MARINE INSURANCE COMPANY, A Nebraska Corporation DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore, that the Resolutions of the Board of Directors set forth in the Power of Attorney are now in force. Signed and sealed at the City of Omaha. Dated the 18.t h day of __Ais Qil s t- v F� M1ICDli A(? �V_rt�tn i Iv r el. A � nary • �;�� KAYE PAGER p MiN Comm Ei:o- Rent, 9 2" 03 EM 40 10 (01 -03) I Minnesota Workers' Compensation Assigned Risk Plan b Stan dard Workers' Compensation and Employers' Liability Policy Contract Administrator Berkley Risk Adm' t ,,.uc Berkley Risk Administrators Company, LLC P.O. Box 59143 Minneapolis, Minnesota 55459 -0143 • Phone (612) 766 -3000 NCCI Carrier Code 21466 CERTIFICATE OF INSURANCE 1. The Insured: Policy Number: WC- 22 -04- 108600 -02 Community Money Centers Inc Association File Number: 2343436 dba: The Money Centers 6525 Nicollet Tax ID #: F 411724818 UIC #: 1611334 -000 Richfield, MN 55423 Policy Period: From: 12/19/2002 To: 1211912003 Date of Mailing: 12118/2002 The Certificate is issued as a matter of information only and confers no rights upon the Certificate Holder. This Certificate does not amend, extend or alter the coverage afforded by the Policy listed below. This is to certify that the Policy of insurance described herein has been issued to the insured named above for the policy period indicated. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this C ertific ate may be issued or may pertain, the insurance afforded by the Policy described efeln - Is subject to all the terms, exclusions and conditions-of-such Policy. TYPE T PE " "�`' � '.'`I.,IMITS�OF LIABILITY Part One Workers' Compensation Statutory art Two Bodily Injury by Accident $500,000 each accident. mployers' Liability Bodily Injury by Disease $500,000 policy limit. Bodily Injury by Disease $500,000 each employee. Should the above Policy be canceled before the expiration date thereof, the Company will endeavor to mail 30 days written notice to the below named Certificate Holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the Company. All Entities /Insureds: Community Money Centers Inc Money Centers Inc Certificate Holder's Name and Address: Mn Department of Commerce Attention Terry Meyer 85 7th Place East St Paul, MN 55101 Anencv Name and Address Date Issued: 12118/2002 • Rosenbloom & Rosenbloom Inc 5810 W 78th St Suite 200 Bloomington, MN 55439 BA3140 • Community Money Centers, Inc. Locations Money Centers 1532 University Ave., Suite #100 St. Paul, MN 55104 Ramsey County Money Centers 6525 Mcollet Ave. S. Richfield, MN 55423 Hennepin County Money Centers 2600 Nicollet Ave. S. - -- Minneapolis, MN 55408 Hennepin County Money Centers 6219 Brooklyn Blvd. Brooklyn Center, MN 55429 Hennepin County • Money Centers 8132 Highway 7 St. Louis Park, MN 55426 Hennepin County Page 1 of 6 Minnesota Statutes 2002, Chapter 53A. Copyright 2002 by the Office of Revisor of Statutes, State of Minnesota. 01 53A.01 Definitions. Subdivision 1. Currency exchange. "Currency exchange" means any person, except a bank, trust company, savings bank, savings association, credit union, or industrial loan and thrift company, engaged in the business of cashing checks, drafts, money orders, or travelers' checks for a fee. "Currency exchange" does not include a person who provides these services incidental to the person's primary business if the charge for cashing a check or draft does not exceed $1 or one percent of the value of the check or draft, whichever is greater. Subd. 2. Commissioner. "Commissioner" means the commissioner of commerce. HIST: 1989 c 247 s 1; 1995 c 202 art 1 s 25 == 53A.02 53A.02 License. Subdivision 1. Requirement. A person may not engage in the business of a currency exchange without first obtaining a license from the commissioner. Not more than one place of business may be operated under the same license, but the commissioner may issue more than one license to the same licensee upon compliance by the applicant with all the provisions of this chapter for each new license issued. Subd. 2. Distance limitation. No license may be o ed or renewed under this chapter if the place of business to perated under the license is located or proposed to be located within one -half mile of another licensed currency exchange. The distance limitation imposed by this subdivision is measured by a straight line from the closest points of the closest structures involved. Subd. 3. Prohibition. A licensee may not contract with another person or business entity to manage the currency exchange business. This subdivision does not prohibit the licensee from employing persons to operate a currency exchange facility. HIST: 1989 c 247 s 2; 1992 c 504 s 2 == 53A.03 53A.03 Application for license; fees. (a) An application for a license must be in writing, under oath, and in the form prescribed and furnished by the commissioner and must contain the following: (1) the full name and address (both of residence and place of business) of the applicant, and if the applicant is a partnership or association, of every member, and the name and business address if the applicant is a corporation; (2) the county and municipality, with street and number, if any, of all currency exchange locations operated by the 63) icant; and the applicant's occupation or profession, for the ten years immediately preceding the application; present or previous connection with any other currency exchange in this or any other state; whether the applicant has ever been convicted of any crime; and the nature of the applicant's occupancy of the http://www.revisor.leg.state.mn.us/cgi-bin/getstatchap.pl 10/6/2003 Page 2 of 6 premises to be licensed; and if the applicant is a partnership or a corporation, the information specified in this paragraph must be supplied for each partner and each officer and director of the corporation. If the applicant is a partnership or a nonpublicly held corporation, the information specified in this � agraph must be required of each partner and each officer, ector, and stockholders owning in excess of ten percent of the corporate stock of the corporation. (b) The application shall be accompanied by a nonrefundable fee of $1,000 for the review of the initial application. Upon on P approval by the commissioner, an additional license fee of 500 must be paid by the applicant as an annual license fee for the remainder of the calendar year. An annual license fee of $500 is due for each subsequent calendar year of operation upon submission of a license renewal application on or before September 1. Fees must be deposited in the state treasury and credited to the general fund. Upon payment of the required annual license fee, the commissioner shall issue a license for the year beginning January 1. (c) The commissioner shall require the applicant to submit to a background investigation conducted by the bureau of criminal apprehension as a condition of licensure. As part of the background investigation, the bureau of criminal apprehension shall conduct criminal history checks of Minnesota records and is authorized to exchange fingerprints with the Federal Bureau of Investigation for the purpose of a criminal background check of the national files. The cost of the investigation must be paid by the applicant. (d) For purposes of this section, "applicant" includes an employee who exercises management or policy control over the company, a director, an officer, a limited or general partner, a manager, or a shareholder holding more than ten percent of the &tanding stock of the corporation. HIST: 1989 c 247 s 3; 1992 c 504 s 3; 1993 c 354 s 1; 1999 c 223 art 2 s 2 == 53A.04 53A.04 Approval or denial of an application. (a) Within 30 days after the receipt of a complete application, the commissioner shall deny the application or submit the application to the governing body of the local unit of government in which the applicant is located or is proposing to be located. The commissioner may not approve the application without the concurrence of the governing body. The governing body shall give published notice of its intention to consider the issue and shall solicit testimony from interested persons, including those in the community in which the applicant is located or is proposing to be located. If the governing body has not approved or disapproved the issue within 60 days of receipt of the application, concurrence is presumed. The commissioner must approve or disapprove the application within 30 days from receiving the decision of the governing body. The governing body shall have the sole responsibility for its decision. The state shall have no responsibility for that decision. (b) If the application is denied, the commissioner shall send by mail notice of the denial and the reason for the denial to the applicant at the address contained in the application. If an application is denied, the applicant may, within 30 days is eceiving the notice of a denial, request a contested case ing pursuant to chapter 14; provided that if the denial is based upon the refusal of the governing body to concur the governing body must afford the applicant a hearing. The applicant shall have no right to the hearing provided for in this section if the denial is based upon the governing body's http: / /www.revisor.leg. state .nm.us /cgi- bin/getstatchap.pl 10/6/2003 Page 3 of 6 refusal to concur but shall have a hearing before the governing body. (c) This section applies to initial applications and renewal applications. (d) The state shall have no responsibility for the action the governing body. HIST: 1989 c 247 s 4; 1992 c 504 s 4 == 53A.05 53A.05 Change of name, ownership, or location. Subdivision 1. Name or location. If a licensee proposes to change the name or location of any or all of its currency exchanges, the licensee shall file an application for approval of the change with the commissioner. The commissioner shall not approve a change of location if the requirements of sections 53A.02, subdivision 2, and 53A.04 have not been satisfied. If the change is approved by the commissioner, the commissioner shall issue an amended license in the licensee's new name or location. A $100 fee must be paid for the amended license. Subd. 2. Ownership. The licensee shall notify the commissioner 30 business days in advance of any change in ownership of the currency exchange. The commissioner may revoke the currency exchange license if the new ownership would have resulted in a denial of the initial license under the provisions of chapter 53A. HIST: 1989 c 247 s 5; 1992 c 504 s 5; 1999 c 223 art 2 s 3 == 53A.06 • 53A.06 Fine, suspension, or revocation of license. (a) The commissioner may suspend or revoke any license under section 45.027 if the commissioner finds that: (1) the licensee has failed to pay the annual license fee or to maintain in effect the required bond or to comply with any order, decision, or finding of the commissioner under this chapter; (2) the licensee, or any officer or director of a corporate licensee, has violated any provision of this chapter or any rule or order of the commissioner under this chapter or chapter 45; (3) the licensee, or any officer or director of a corporate licensee, has violated any other law which would indicate that the person is untrustworthy or not qualified to operate a currency exchange; or (4) any fact or condition exists which, if it had existed at the time of the original or renewal application for the license, would have warranted the commissioner refusing the issuance of the license. (b) A license may not be revoked until the licensee has had notice of a hearing pursuant to the provisions of chapter 14. (c) A licensee may surrender any license by delivery to the commissioner. The surrender does not affect the licensee's civil or criminal liability for acts committed before the O ender, or affect the liability on the bond required by ions 53A.01 to 53A.13, or entitle the licensee to a return any part of any license fee. (d) Before suspension or revocation of the license, the commissioner may fine a licensee for violations of this chapter http: / /www.revisor.leg.state.mn.us /c i -bin/ etstatcha . 1 g g p p 10/6/2003 Page 4 of 6 as authorized under chapter 45. HIST: 1989 c 247 s 6 == 53A.07 • 53A.07 Filing of fees; unreasonable fees. Subdivision 1. Approval of fees. Fees charged at each location for check cashing services must be filed with and approved by the commissioner. Subd. 2. Amendment of fees. A licensee may amend its fees at any time by filing the proposed amendments with the commissioner. The application for amendment shall be in writing, under oath, and in the form prescribed by the commissioner. A fee of $50 shall accompany the application. The commissioner shall approve or deny the application 60 days after the filing of a complete application to amend its fees. Subd. 3. Standards; unreasonable fees prohibited. The commissioner may disapprove the fees filed by a currency exchange if they are not fair and reasonable. In determining whether a fee is fair and reasonable, the commissioner shall take into consideration: (1) rates charged in the past for cashing of checks by those persons and organizations providing check cashing services in the state of Minnesota; (2) the income, cost, and experience of the operations of currency exchanges existing prior to this enactment or in other states under similar conditions or regulations; (3) the amount of risk involved in the type of check to be cashed and the location where the currency exchange operates; • (4) the general cost of doing business, insurance costs, security costs, banking fees, and other costs associated with the operations of the particular currency exchange; (5) a reasonable profit for a currency exchange operation; and (6) any other matter the commissioner deems appropriate. The commissioner shall set a separate rate, consistent with the above standards, for checks issued by a government entity in an amount up to $500 to be cashed by a currency exchange. HIST: 1989 c 247 s 7 == 53A.08 53A.08 Bond. Before a license may be issued to a currency exchange, the applicant shall file annually with and have approved by the commissioner a surety bond, issued by a bonding company authorized to do business in this state in the principal amount of $10,000. The bond must run to the commissioner and is for the benefit of creditors of the currency exchange for liability incurred by the currency exchange on money orders issued or sold by the currency exchange, for liability incurred by the currency exchange for sums due to a payee or endorsee of a check, draft, or money order left with the currency exchange for collection, and for liability incurred by the currency exchange in * ection with providing currency exchange services. The issioner may require a licensee to file a bond in an dit ional amount if the commissioner considers it necessary to meet the requirements of this section. In determining the additional amount of the bond which may be required, the commissioner may require the licensee to file its financial http: / /www.revisor.leg. state .mn.us /cgi- bin/getstatchap.pl 10/6/2003 Page 5 of 6 records, including all bank statements, pertaining to the sale of money orders for the preceding 12 -month period. In no case may the bond be less than the initial $10,000 or more than the outstanding liabilities. 9 HIST: 1989 c 247 s 8; 1992 c 504 s 6 3A.081 53A.081 Annual report and investigations. Subdivision 1. Annual report. On or before April 30, a licensee shall file an annual report with the commissioner for the previous calendar year. The report must contain information that the commissioner may reasonably require concerning, and for the purpose of examining, the business and operations of each licensed currency exchange. Subd. 2. Investigation. The commissioner may at any time investigate the currency exchange business of any licensee and of every person, partnership, association, and corporation engaged in the business of operating a currency exchange in the manner provided under section 45.027. Subd. 3. Fees and expenses. The licensee shall pay the costs of an examination or investigation in the manner provided under section 60A.03, subdivision 5. Subd. 4. Classification of data. Financial information on individuals and businesses that is submitted to the commissioner in the annual report under subdivision 1 are private data on individuals or nonpublic data. HIST: 1992 c 504 s 7; 1996 c 439 art 1 s 6; 1Sp1997 c 3 s 19; 2001 c 208 s 2 IV 09 53A.09 Powers; limitations; prohibitions. Subdivision 1. Deposits; escrow accounts. A currency exchange may not accept money or currency for deposit, or act as bailee or agent for persons, firms, partnerships, associations, or corporations to hold money or currency in escrow for others for any purpose. However, a currency exchange may act as agent for the issuer of money orders or travelers' checks. Subd. 2. Gambling establishments. A currency exchange located on the premises of a gambling establishment as defined in section 256.9831, subdivision 1, may not cash a warrant that bears a restrictive endorsement under section 256.9831, subdivision 3. HIST: 1989 c 247 s 9; 1996 c 465 art 3 s 1 == 53A.10 53A.10 Violations. Any person, firm, association, partnership, or corporation that violates this chapter shall be guilty of a misdemeanor. HIST: 1989 c 247 s 10 == 53A.11 53A.11 Books of account; annual report. The licensee shall keep and use in the licensee's business Wchapter ooks, accounts, and records that will enable the ssioner to determine whether the licensee is complying with and with the rules adopted by the commissioner. A licensee shall preserve the books, accounts, and records for at least two years after making the final entry. http://www.revisor.leg.state.mn.us/cgi-bin/getstatchap.pl 10/6/2003 Page 6 of 6 HIST: 1989 c 247 s 11 == 53A.12 53A.12 Rules. The commissioner may adopt rules under chapter 14 as may be essary to administer and enforce this chapter. HIST: 1989 c 247 s 12 53A.13 53A.13 Fee notice; false advertising; penalty. Subdivision 1. Fee notice. The fees charged by currency exchanges for rendering any service authorized by sections 53A.01 to 53A.13 must be prominently displayed on the premises of the currency exchange in the fashion required by the commissioner. Subd. 2. False advertising. A licensee may not advertise, print, display, publish, distribute, or broadcast any statement or representation that is false, misleading, or deceptive, or that omits material information. Subd. 3. Civil liability; penalty. A person who violates any subdivision of this chapter is liable to the person damaged by the violation for actual damages. The court may award reasonable attorney fees and costs. HIST: 1989 c 247 s 13 == 53A.14 53A.14 Repealed, 1992 c 504 s 8 == 53A.misc2002 Minn. Stats. repealed, etc. secs in chap 53A �3A.14 Repealed, 1992 c 504 s 8 • http: / /www.revisor.leg. state .mn.us /cgi- bin/getstatchap.pl 10/6/2003 Office of the City Clerk City of Brooklyn Center A Millennium Community • Sharon Knutson City Clerk October 6, 2003 Mr. Cary Geller Money Centers 6525 Nicollet Avenue Richfield, MN 55423 RE: Community Money Centers Inc. dba Money Centers — 6219 Brooklyn Boulevard, Brooklyn Center Currency Exchange License Renewal for 2004 Dear Mr. Geller: The Minnesota Department of Commerce has forwarded to the City your renewal application to operate • a currency exchange business at 6219 Brooklyn Boulevard, Brooklyn Center, Minnesota. Minnesota Statute 53A.04(a) requires the commissioner to submit the application to the governing body of the local unit of government in which the applicant is located or is proposing to be located. The governing body shall give published notice of its intention to consider the issue and shall solicit testimony from interested persons, including those in the community in which the applicant is located or is proposing to be located. A notice of public hearing will be published in the City's official newspaper, Brooklyn Center Sun -Post, on Thursday, October 16, 2003. The Public Hearing is scheduled for Monday, October 27, 2003, at 7 p.m. or as soon thereafter as the matter may be heard in the City Hall Council Chambers, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota. You are not required to attend the ublic hearing, g, however, you may wish to do so to answer any questions that may arise from citizens or Council Members. Should you have any questions regarding the public hearing process, please call me at (763) 569 -3306. Sincerely, Sharon Knutson, CMC City Clerk • 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cityofbrooklyncenter.org • City of Brooklyn Center (Official Publication) NOTICE OF INTENT TO CONSIDER A CURRENCY EXCHANGE LICENSE Notice is hereby given that the City Council of the City of Brooklyn Center will consider the renewal application for a currency exchange license from Community Money Centers, Inc. dba Money Centers, to operate at 6219 Brooklyn Boulevard, Brooklyn Center, Minnesota. This consideration will be given at the October 27, 2003, City Council meeting at 7 p.m. or as soon thereafter as the matter may be heard. The meeting will be held in the Council Chambers of the Brooklyn Center City Hall, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota. Sharon Knutson City Clerk • • • I E City Council Agenda Item No. 10a I�I its adoption: Member introduced the following resolution and moved • RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF DON PETERSON FOR HIS DEDICATED PUBLIC SERVICE ON THE PARK AND RECREATION COMMISSION WHEREAS, Don Peterson has voluntarily served on the Park and Recreation Commission since November 7, 1983; and 1992; and WHEREAS, he has served as Vice Chair of the commission since February 18, WHEREAS, his public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, his leadership and expertise has been greatly appreciated by the Park and Recreation Commission; and WHEREAS, it is highly appropriate that his service to the community should be • recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the dedicated public service of Don Peterson is hereby recognized and appreciated by the City of Brooklyn Center. 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. lOb 61 City of Brooklyn Center A Millennium Community MEMORANDUM DATE: 10/20/2003 TO: Michael J. McCauley, City Manager FROM: Jim Glasoe, Director of Community Activities, Recreation and Services SUBJECT: Resolution Expressing Appreciation For The Gift Of Brooklyn Center rime Prevention In Support Of Summer Fun -Squad Programs Brooklyn Center Crime Prevention has presented to the City a donation of seven hundred, five dollars and twenty -three cents. ($705.23) They have designated that it be used to support the 2003 Summer Fun Squad Programs. • Staff recommends acceptance of this 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 • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT OF BROOKLYN CENTER CRIME PREVENTION IN SUPPORT OF SUMMER FUN -SQUAD PROGRAMS WHEREAS, Brooklyn Center Crime Prevention has presented to the City a donation of seven hundred, five dollars and twenty -three cents ($705.23) and has designated it be used to support the 2003 Summer Fun -Squad Programs; and WHEREAS, the City Council is appreciative of the donation and commends Brooklyn Center Crime Prevention for its civic efforts. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota: 1. Acknowledges the donation with gratitude. 2. Appropriates the donation 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 Council Agenda Item No. lOc OX City of Brooklyn Center A Millennium Community MEMORANDUM DATE: 10/20/2003 TO: Michael J. McCauley, City Manager FROM: Jim Glasoe, Director of Community Activities, Recreation and Services j SUBJECT: Resolution Expressing Appreciation For The Gift Of The Brooklyn Center ions Club In Support Of The 2003 Halloween Party The Brooklyn Center Lions Club has presented to the City a donation of five hundred dollars. ($500) They have designated that it be used to support the 2003 Halloween Party. Staff recommends acceptance of this donation and asks that it be coded to the corresponding • activity budget. * 6301 Shingle Creek Parkway y Recreation and Community Center Phone &TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cityolbrooklyncenter.org Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT OF THE BROOKLYN CENTER LIONS CLUB IN SUPPORT OF THE 2003 HALLOWEEN PARTY WHEREAS, the Brooklyn Center Lions Club has presented to the City a donation of five hundred dollars ($500) and has designated it be used to support the 2003 Halloween Party; and WHEREAS, the City Council is appreciative of the donation and commends the Brooklyn Center Lions Club for its civic efforts. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota: 1. Acknowledges the donation with gratitude. 2. Appropriates the donation to the corresponding activity budgets. • 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. lOd October 7, 2003 • TO: Michael McCauley, City Manager From: Code Enforcement Team Subject: Code enforcement activities Current Status of Sweep: As of this report, we have 68 open files remaining, mainly due to the schedules of contractors. Every property has been inspected at least twice if not three times. Throughout the winter months we will continue to monitor properties for illegal parking and garbage issues as well as respond to any complaints. Code Complaints/Rmeat Offenders: Every complaint that we receive is responded to with an inspection or a knock and talk depending on the nature of the complaint. Our most difficult venture is the anonymous caller with a backyard complaint on a neighbor. What is visible from the street does not necessarily represent what the properties back yard looks like. While inspecting, we try • various methods to see the backyard, such as viewing from an adjacent street. Typically if the back yard is a mess, we send a letter generic enough that it request that any and all debris be removed from the property. Most of the time this method works. Repeat offenders are few. This year we handled our repeat offenders by a one, two, three strikes method. Homeowners were given two letters and then were either issued a citation or referred directly to court. The properties that had violations last year and again had violations these are as follows: (All properties have been referred to court.) The NLO division is working closely with the City Prosecuting Attorneys Office to ensure the defendants adhere to the conditions of the court's findings. This monitoring process is continued throughout the year and a referral back to court will be made for any breach of the court's findings. All new violations, not related to previously noted violations will be addressed on a case by case basis for prosecution. 5600 Irving Ave 2406 Ericon Dr 6712 Colfax 7243 Morgan 6900 Morgan 5345 James 6031 Halifax 5655 Brooklyn Blvd • 4100 Lakeside 3613 47" • 5025 Ewing Number of Violation(s) by Tvne: Garbage Storage /Removal 101 Screening of Dumpsters 2 Parts/Engines & Related Items 12 Accum/ of Rubbish/Brush/Debris 211 Accum. Of Junk/Furniture /Appli. 97 Storage of Commercial Vehicles 3 Illegal parking /Storage of Vehicles 123 Unlicensed/Inoperable Vehicles 129 Yard Maintenance (Seed & sod) 3 Proper Addressing 27 Miscellaneous (14 Days) 6 Public Nuisance 10 Limitations on Animals 1 Fences 42 Accessory Buildings 135 Windows/Doors /Screens 21 • Stairs/Porches /Decks 18 Driving /Parking Area Repairs 30 Foundations /Ext Walls /Roofs 139 Miscellaneous (30 Days) 2 Total Number of Violations: 1,112 Breakdown of letters sent: First Letters: 878 Second Letters 255 Compliance /Thanks You 950 (some left over from 2002) Citation/Formal Complaints 19 Staffing: The code enforcement team has spent approximately 1400 hours working the sweep. The "split" of the city has made it easier to spend more time with certain properties to obtain compliance. Concerns/Issues /Changes of 2003 Sweew Parking: Illegal parking has been an ongoing problem. Towards the end of the sweep • (September), we decided that we no longer wanted to give homeowners 14 days to move • an illegally parked vehicle. We decided to attempt one knock and talk requesting that illegally parked vehicles be moved. If the homeowner was uncooperative or unavailable, a parking citation was issued on the spot. To date nine parking citations have been issued. Most homeowners have been cooperative with this method of resolution to the parking problem. Si Signs without permits have been another problem. After issuing warnings to certain businesses, we opted to issue citations. Problems businesses are as follows: Auto Dealerships -1 citation issued to Brookdale Dodge BC Tobacco (by Target)- cited New Horizon Child Care Center —cited B AdorableHair salon —cited Sassy Tan- cited Exterior Paintinelhouse & zarakes: Last year we sent a total of 55 letters for accessory building and 52 letters for foundation/exterior walls. The sweep of 2003 produced 135 letters for accessory building and 139 letters for foundation/exterior walls. Many homeowners have opted to re -side verse painting. We have permitted many extensions for this process because of the backlog with contractors. This year has been successful with homeowners maintaining the exterior of their properties. Properties still waiting for contract work to be completed are as follows: • 7224 Newton Ave (November) for roof and soffits /fascias 5840 Dupont (October) re -side 5712 Emerson – (October) new garage door 2101 71 (October) re- siding shed 7019 Fremont (October) new garage door 5300 Russell (in probate, should be resolved by end of October) painting /re- siding 3401 47th Ave N- Apartment management is obtaining estimates 4500 58th Ave N -- Scraping and painting ongoing 5719 June Ave N- -Owner regrading and sodding yard 6710 Orchard La-- Marvin Gardens is scraping and repainting numerous buildings 5810 Xerxes Ave N-- Ceramic Arts store is obtaining bids for ripped awning sign 4921 Zenith Ave N-- Homeowner is almost finished re- siding house Sing_ le- family homes as rentals: We have been seeing more of these properties showing up. Overall these generate a majority of the three violations or more letters. These types of property are more time consuming because we do not necessarily know that they are rentals at the time of the first letter. We have been working closely with Community Development to ensure that these properties have obtained the proper license and inspection. We have cited/sent letter the following homeowners for their tenant's messes: 7211 Camden (no rental license) at time of letters (no compliance) Citation issued • 5712 Logan (no rental license) at time of letters (have complied) Citation issued 5505 Lyndale (no compliance) citation to be issued 2006 71 st (have complied) • 5740 Dupont (have complied) Properties currently hosted Unfit for Human Habitation: 6006 Camden Ave —Ed Lovelace and NLO Boie continue to work with the Homeowners of this property. This property had large quantities of garbage scattered throughout the inside and outside of this property. They have been given until October 30 to comply. 5527 Dupont -is cleaning up (POD on site) — complied with painting garage. Extensions: 3818 61st Ave N -- Extension to Late October due to misdirected mail. 6121 France Ave N- -Still trying to contact homeowner after he left message asking for time to obtain financing. 6113 Kyle Ave N-- Homeowner planning to paint garage door soon after replacing all windows in the house. 3300 Quarles R-- Homeowner having car removed from property by the end of October. Maior Successes for 2003 Code Enforcement Sweep • 7243 Morgan—after years of non - compliance and two trips to court— siding has finally been completed. 1706 Amy Lane —after numerous letters/knock and talks —for (two years) —house has been painted and soffits /fascia repaired. 5422 Humboldt—has been taking off the "most wanted list" 100 %compliance. 6318 Unity -taken off "most wanted list" 100% compliance. 2101 71 repairs /paint to soffits /fascia, work being completed on shed. 7224 Newton Ave —after more than one year the homeowner is replacing roof /soffits /fascias. TENATIVE CRIME PREVENTION /CODE ENFORCEMENT SCHEDULE 2003/2004 (this does not include call in reauests) October —Crime Tickets /complaints November-- - prevention Monitor Extension Recognition Ceremony Conference—St. Cloud and repeat offenders for Watch Captains NW Newsletter Senior /Adult Safety • Crime Free Housing Seminar • CFMH International Crime Free Respond to Complaints Multi Housing Monitor Extensions Conference December —Toys for August - NNO— Tots Business/begin citations CFMH residential Monitor City (junk cars, illegal parking, garbage) January 2004 —Begin prep Monitor City (junk cars, illegal parking, garbage) February NW Watch Community Meeting CFMH Monitor City (junk cars, illegal parking, garbage) March- NW Newsletter • Senior /Adult Safety Seminar CFMH Monitor City (junk cars, illegal parking, garbage) April —Prep for Code Sweep CFMH Monitor City (junk cars, illegal parking, garbage) May- Begin Sweep — residential June- residential seconds inspections, begin apartments July — Apartments /first/seconds • — businesses NW Newsletter City Council Agenda Item No. 10e MEMORANDUM TO: Michael McCauley, City Manager FROM: Brad Hoffinan, Community Development Director DATE: October 20, 2003 SUBJECT: Little Asia Update In May of 2002, the City authorized staff to apply for an "Opportunity Grant" through the Livable Communities Demonstration Program. The City received a grant from the Met Council in October, 2002 to do initial feasibility planning for the potential redevelopment of the old Northbrook Shopping Center into the Little Asia mixed development project. Our initial request was for a $60,000 grant (1/2 from the Met Council and 1/2 from the City). The City received a $48,000 grant. The grant is for an initial market analysis to determine the economic feasibility of the development project. It was also intended to provide conceptual design and site planning as well as neighborhood review. • The first Phase of a two (2) Phase market study has been completed. The market study gauged public acceptance of the concept of an upscale Asian market /retail area. The study concluded that the concept could be successful. The draw back is the current location under study. The old Northbrook Shopping Center is too small to accommodate the original concept as proposed by Mr. Lee and Dan Vang. The Northbrook Shopping Center is approximately six (6) acres. The project would have to be downsized to accommodate the development. Even with the acquisition of the residential properties on the east side of Logan Avenue the area would not be sufficient to fully implement the project as initially conceived. Having received the initial market report and after reviewing with the Council, staff considered alternative sites within the "Opportunity Site ". An amendment to the Phase 1 market study was undertaken to consider the potential of a larger development. The intent was to consider an upscale Asian Mall with metropolitan significance and appeal. In essence, we are seeking a development that would be unique within the metro area and would attract people to this area. The Little Asia redevelopment, if continued in its current location, will be restricted to a limited neighborhood/community impact. The supplemental study suggests that a large upscale Asian Mall has the potential to be a draw throughout the metro area. The development represents an opportunity for Brooklyn Center to consider an initial redevelopment project in the "Opportunity Site" that could strengthen our retail area. The initial study was to consider a single site and was budgeted as such. We are currently considering two (2) sites. The scope of the project has grown from a 50,000 square foot project • to one in excess of 240,000 square feet. As a result of the expansion in the size of the redevelopment as well as the number of sites under consideration, the project is under funded • and cannot be completed. Barbour /LaDouceur Architects have been retained for this project. WCL Architects did some of the initial site planning for this project. The original budget for conceptual design and site planning was $25,000. With billings received to date, there remains only $1,017.67. The original budget for the market study was $20,000. Phase 1 of the impact study was amended to consider an alternative site at a cost of $10,525, or $2,825 over the initial contract amount. The Phase 2 market study will commence upon completion of the site planning work. We currently have a quote of $5,500 for the Phase 2 market study that leaves a balance of $3,975 upon completion of the second phase. The Barbour /LaDouceur proposal totals $44,496. Their proposal includes site design for two (2) sites, public hearings and initial site planning for linking future development in the "Opportunity Site to the Little Asia project. A table showing the budget and current expenditures for the planning phase of the project is attached. Development of either location will require some level of EDA participation. It is necessary to finish the work we have started to determine; first, if the development is economically viable and; second, what level of EDA participation would be required to make the development a reality. As noted, the original request was for a $60,000 grant. We received a $48,000 grant for a single site. Currently we have a short fall of $28,225 that is necessary to conclude this work. I believe that we can substitute some of the public hearings in the Architects proposal for those budgeted for in the grant. An EDA allocation of $27,000 will be sufficient to complete this study. This is a TIF eligible project and most of the site is located within TIF District 3. TIF District 3 has a project fund balance in excess of $6,000,000 at the end of 2003. I would propose that the EDA approve the proposal of Barbour /LaDouceur and allocate $27,000 from TIF • District 3 to complete this study. I will be available Monday evening to discuss the project in greater detail. • • Little Asia Budget Budget Item Total Budizet Amount Contract Amount, YTD Expenditures Market Study and $20,000 Phase I —Base Demand Phase I - $7,750 Financial Feasibility Assessment $7,700 Phase H — Concept Additional Research Refinement $5,500 and Editing $2,775 Total $13,200 Total $10,525 I Site Plan $25,000 WCL Associates $18,900 $12,703.33 Barbour/LeDouceur $44,496 • Architects (Proposal) Neighborhood Review $3,000 N/A $0.00 • Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION ALLOCATING ADDITIONAL LOCAL FUNDING FOR LIVABLE COMMUNITIES DEMONSTRATION GRANT WHEREAS, the City has identified a proposed redevelopment project within the City that meets the Demonstration Account's purpose /s and criteria; and WHEREAS, on May 13, 2002, the City Council authorized the application for a Livable Communities Demonstration Grant in the amount of $60,000; and WHEREAS, the parameters of the project referred to as "Little Asia" has grown to contemplate the redevelopment of two (2) sites instead of just the original site; and WHEREAS, it is in the interest of the City of Brooklyn Center to complete review and study of both potential redevelopment sites in a manner consistent with the Opportunity Grant funded by the Metropolitan Council; and WHEREAS, planning and preliminary site design are eligible Tax Increment Financing (TIF) activities in a redevelopment district; and WHEREAS, the expanded scope of study requires an additional allocation of • funds to complete. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the City of Brooklyn Center allocates additional funds in the amount of $27,000 to complete the preliminary studies of the Little Asia Project. BE IT FURTHER RESOLVED that the source of funding comes from TIF District 3. 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. 10f I� • TO: Mike McCauley, City Manager FROM: Curt Boganey, Assistant City Manawj�% DATE: October 23,2003 SUBJECT: Deer Population Management Report RECOMMENDED ACTION: It is recommended that the City Council receive the report from the Deer Population Management Task Force and consider adoption of the recommendations therein. The recommendations include the adoption of a long -term deer management plan and an implementation strategy for 2003 -2004. BACKGROUND: After having hosted a meeting of more than one hundred citizens that expressed concerns about the current deer population, on August 11,2003 the City Council directed staff to • develop a draft deer management plan for Council consideration A task force often (10) citizens was established to examine this issue and provide input and recommendations as the proposed deer management plan was developed. In addition to local citizens the task force was informed by, representatives of the MNDNR, Brooklyn Center and Brooklyn Park Police personnel and public works staff. The task force received input from wildlife professionals and bow hunting experts. In addition the taskforce reviewed written materials from a variety of sources to inform their judgment regarding this issue. The task force held a total of seven meetings and debated these issues at considerable length. The result of these deliberations was a unanimous vote to submit these recommendations to the City Council for its consideration. THE REPORT: The central elements of the report are as follows ♦ Public education should be provided to citizens about why deer harvesting is important and how to co -exist with deer. ♦ Currently the deer population in Brooklyn Center greatly exceeds the MNDNR recommended standard of 20 deer per square mile of deer habitat. • ♦ Bow hunting should be used to reduce the deer population to the recommended standard over the next three to five years. ♦ Surrounding communities should be encouraged to coordinate deer control efforts ♦ Deer harvesting efforts should begin this winter. • ♦ Non - profit deer hunting organizations should manage and organize the hunts under the supervision of the City Police department. ♦ Organizations and individual hunters shall strictly adhere to standards established by the City in its plan. ♦ Each year the City Manager should evaluate the program effectiveness and make recommendations for the following year. FUNDING: While it is very clear that bow hunting if successful is the most cost effective method of reducing the deer population, there are costs associated with this endeavor. The task force has recommended a budget of $5000 in each of the first two years. The primary cost is expected to be the cost of overtime for police that would engage in public safety activities during the times of the hunt. It is anticipated that volunteers will be used to supplement any paid officers that will be required. It is recommended that the funding for this years cost be paid from uncommitted funds with the budget/budgets of the Police Department or unallocated (contingency). For next year's costs, it is recommended that funds be allocated for this purpose within the general fund budget under consideration by the City Council. • • adoption: • Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION APPROVING RECOMMENDATIONS OF THE DEER MANAGEMENT TASK FORCE WHEREAS, the City f Brooklyn Center is an urban community with very ty yn ty tittle appropriate habitat for deer; and WHEREAS, high deer populations continue to pose a risk to human safety due to auto -deer accidents, cause destruction of landscaping and yard plantings, and further disrupt the already altered ecosystem of the City; and WHEREAS, the density of deer in Brooklyn Center far exceeds the recommended norm of twenty deer per square mile of habitat area; and WHEREAS, natural habitat for deer in Brooklyn Center and in surrounding areas is being continuously reduced; and WHEREAS, the City Council's goal is to create an acceptable environmental balance that will facilitate the peaceful co- existence of citizens and wildlife; and • WHEREAS, the City Council has solicited and received recommendations from a citizens task force established to assess current conditions and provided recommendations to the City regarding a Long -Term Deer Management Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center does accept the report and approve the recommendations contained within the Report of the 2003 Deer Population Management Task Force. 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. REPORT OF THE 2003 DEER POPULATION MANAGEMENT TASK FORCE City of Brooklyn Center October 2003 o� �J TABLE OF CONTENTS • DeerTask Force Members and Responsibilities ................................ ............................... Page 3 Introduction........................................................................................... ............................... Page 4 History and Conclusions of Deer Management Task Force in Brooklyn Center ....... Page 4 -5 Long - Term Deer Population Management Plan ................................ ............................... Page 5 2003 -2004 Deer Management Implementation Plan ......................... ............................... Page 6 • Education and Other Non - lethal Initiatives for Improved Human -Deer Coexistence............................................................................................ ............................... Page 7 Requirements for Organizations Wishing to Implement Public Archery Hunts................................................................................................... ............................... Page 7 -8 ArcheryHunt Guidelines for Public Property ... ............................... ...........................Page 8 -10 Data Collected to Determine If and Where Deer Should be Harvested in2003-2004 ..... .................................................... ............................... ........................... Page 10-11 Acknowledgementsand Appendix .................................................... ............................... Page 12 • 2 DEER TASK FORCE MEMBERS • Janice Baertchy Jeff Gelhar Bob Gross Todd Hanson Vic Henry Art Lenius George Olzenak Tim Peterson Tom Quist Russ Terwey RESPONSIBILITIES To advise City staff and provide citizen input as it prepares a Long -Term Deer Management Plan for consideration by the City Council. To that end, members have reviewed data (population count, deer - vehicle accidents, population control programs of other communities), current and recommended educational tools, reviewed and considered all non - lethal and lethal management methods, to provide meaningful input and recommended actions. The members of the 2003 Brooklyn Center Deer Task Force acknowledge that we are not • wildlife specialists, traffic engineers, mathematicians, or politicians, but rather citizens who have come together to address an important matter facing our community. We recommend this plan after researching options for deer management, considering documented evidence, gathering information about other communities in comparable situations, receiving advice from the Minnesota Department of Natural Resources (DNR) and other wildlife professionals, listening to the opinions and experience of fellow citizens, and exploring our perceptions of the kind of plan likely to be both accepted by and effective for the community. We believe it is unlikely that every component of any deer management plan would be accepted by every member of the Task Force or every resident of Brooklyn Center. This plan is a compromise, the product of our attempt to understand, and respects many different voices. City of Brooklyn Center Advisors Dave Peterson Curt Lund Kevin Benner Curt Boganey Department of Natural Resource Advisors Bryan Lueth City of Brooklyn Park Representative • Lee Folstad 3 INTRODUCTION • The members of the 2003 Brooklyn Center Deer Task Force agree that deer management within the city imits is a necessary du th Y y y of e City to maintain the health of the herd, to prevent irreparable damage to plant and animal life in the ecosystems of the natural areas in the City, to protect citizen safety and welfare, and to prevent major deer damage to public and private property. Because managing deer -human- ecosystem interaction is an ongoing process, each year the City must gather information and evaluate the outcomes of the implementation of the long- term plan. We value the presence of deer in the city limits and are recommending a number of ways to encourage citizens to become better educated about ways to coexist with deer. We do not recommend total elimination of deer in the city limits, but it is clear that the presence of high numbers of deer in areas in the city limits may endanger human lives because of deer - vehicle accidents, cause destruction of landscaping and yard plantings, and further disrupt already altered ecosystems. Natural habitat for many types of wildlife in Brooklyn Center and in surrounding areas is being continuously reduced as previously rural land is developed for housing and commercial purposes. In a natural setting, the size of a deer population depends on food sources, predators, hunting, and wildlife management practices. Inside the city limits, deer have an abundant supply of food and no natural predators. Starvation and disease as yet has had little effect on the deer population. • After reviewing he results of the most recent deer population survey, found man g p p Y� g Y complaints of deer damage in zones under City jurisdiction throughout the last year, and reviewing data, we concluded that harvesting of deer is necessary within the Brooklyn Center corporate limits for the winter of 2003 -2004. We also agree the City should pursue a number of other non - lethal methods discussed in subsequent sections of this report. HISTORY AND CONCLUSIONS OF DEER MANAGEMENT TASK FORCE IN BROOKLYN CENTER In response to citizen complaints in 2003, the City Council authorized the establishment of a Deer Management Task Force to recommend a management plan. This Task Force includes volunteers with varying interests including, hunters, residents of areas heavily populated with deer, residents of areas not heavily populated with deer, Brooklyn Center Administrative staff, Brooklyn Park and Brooklyn Center Police Department staff, and Minnesota DNR staff. After reviewing the size of the deer population, numbers of deer - vehicle accidents, the deer management plans of other communities, comments from citizens, and advice from the DNR, the Task Force is recommending a multi- component management plan. • The plan consists of an education program and the harvesting of deer by bow hunting during regular season and if necessary over -bait with DNR special permits. 4 iL To arrive at consensus about harvesting methods, the Task Force considered the costs, legality, risks to humans, and humaneness of each method of harvesting. • For deer management purposes, the most commonly accepted density of deer in an urban setting can sustain is 20 to 25 per square mile of habitat area. Based on recommendations from the DNR and review of management plans from other communities, we recommend a maximum target of 20 deer per square mile of habitat area in each of the three deer management areas established by the Task Force. LONG -TERM DEER POPULATION MANAGEMENT PLAN 1. The City of Brooklyn Center will develop an educational program that will provide residents with information on deer habits and guidelines for limiting localized deer damage through the use of screening, alternative plantings, and other techniques. Educational materials will be distributed through a variety of methods including public informational meetings, pamphlets, City Web Site, newspaper articles, and City Newsletter. 2. In order to prevent irreparable damage to the ecosystems in Brooklyn Center and to prevent significant injury or damage to persons or property, the City Council hereby sets the maximum deer population density to twenty (20) per square mile per City- designated management district. Actual numbers are to be collected via aerial count. • 3. It is understood the adoption of this plan is consistent with the Minnesota DNR URBAN DEER POPULATION CONTROL POLICIES AND PROCEDURES dated April 10,2002, (exhibit attached) governing the conduct of deer population removal outside the normal hunting season. 4. The City will utilize bow hunters to reduce the number of deer in each management district to the goal of 15 -20 deer per square mile. By the end of five years, the initial reduction period, it is projected that the deer population will be to a level that requires maintenance rather than aggressive reduction. The City will strongly encourage use of non - lethal methods to address deer damage but recognizes that harvesting of deer will be necessary to maintain the population goal. 5. Each Spring the City Manager or City Manager's designee will review educational material, deer population numbers (current and projected) per an annual aerial survey, browse survey if appropriate, deer population management options, and recommend methods and deer harvest targets for the upcoming season. 6. The City Manager's recommendations must be approved by the City Council following public hearing prior to initiation of City management plans. Annual plans approved by the Council will be forwarded to the Department of Natural Resources. • I 5 2003 -2004 DEER MANAGEMENT IMPLEMENTATION PLAN • It is the recommendation of the 2003 Brooklyn Center Deer Task Force that the City Council o Y y f Brooklyn Center resolve that the City Manager is authorized and directed to implement the Long -Term Deer Population Management Plan including the following elements in 2003 -2004: 1. The City will continue to assemble resources that provide residents with information on deer and offer guidelines for limiting localized deer damage through the use of repellents, screening, alternative plantings, and other techniques. Educational materials will be available at City Hall, the Public Library, on Channel 12, on the City Web Site (www.cityofbrooklyncenter.org), and City Newsletter. 2. The City will actively work with the DNR to fully understand and support their efforts to control the deer population for which the DNR is responsible and which affects the health, safety, and welfare of Brooklyn Center residents. 3. In accordance with the guidelines of this report, the City Manager will organize and implement a deer population reduction program in the Palmer Lake Park using bow hunters during the winter of 2003 -2004. The Task Force concludes that both Urban Deer Management and Metro Bowhunter Resource Base are voluntary bow hunters, and represent the type of quality bow hunting organizations available for use by the City in this endeavor. Each of these organizations should be given consideration by the City for this purpose. • 4. The City will make a concerted effort to encourage our neighboring municipalities of Brooklyn Park, Crystal, and Fridley to support the Brooklyn Center efforts to control the deer population. The Task Force recognizes the Brooklyn Center deer herd migrates through out the region and population control success will be limited without support from surrounding jurisdictions. 5. The City will continue to compile data for deer management, including but not limited to information about vehicle -deer accidents, citizen comments, browse surveys, and an aerial deer count. 6. The City Manager will evaluate the effectiveness of this Deer Management Plan during the summer of 2004. A report with the findings of this evaluation will be filed with the City Council following this review. Approved by the Deer Task Force on October 16, 2003. Approved by the Brooklyn Center City Council on • 6 EDUCATION AND OTHER NON - LETHAL INITIATIVES FOR IMPROVED HUMAN- DEER COEXISTENCE The City should undertake a number of steps toward non - lethal management: • Develop a brochure explaining Brooklyn Center's approach to deer management and emphasizing methods to help residents devise strategies for living with deer. • Publish the Deer Management Plan for public dissemination. • Utilize the City's Web Site, City Newsletter, and the Sun Post for disseminating information regarding timely deer - related issues (traffic, plantings, etc.). • Publicize the City's no deer feeding ordinance (Chapter 1, Section 200). • Share information with neighboring communities. REQUIREMENTS FOR ORGANIZATIONS WISHING TO IMPLEMENT PUBLIC ARCHERY HUNTS A group or organization that is interested in managing the implementation of an archery hunt on public property as part of the Brooklyn Center Deer Management Program must demonstrate to • the City that it meets the following criteria: 1. Must be registered as non - profit organization. 2. May not discriminate on the basis of race, color, national origin, sex, religion, age, or disability in the admission or access to membership and the related activities. 3. Have access to or arrangements with archery range(s) for the purpose of providing proficiency testing to interested group participants. 4. Provide shooting proficiency certificates or other tracking mechanism to those who successfully complete the proficiency test. 5. Require proof from hunter applicants of completion of a bow hunter education course. The course must be recognized by the International Bowhunter Education Association. 6. Provide orientation meeting for each hunt location in coordination with City staff to review special hunt provisions and site information. 7. Provide an application form for potential hunters that includes name, address, phone number, bow hunter education certification, years of bow hunting experience, g p , an • ethics pledge, and an agreement statement to comply with all special provisions of the hunt. i 8. Provide a hunt coordinator for each hunt to check hunters or alternates and to ensure • compliance with hunt provisions. May also collect hunter surveys and/or issue City permits, if provided by the City. 9. Provide City with summary of hunt results within 60 days of hunt completion. Results will include the number of deer removed by participants by date, number of shots taken, number of deer wounded and not retrieved, documentation of any incidents with non - hunters or landowners, gender and age of deer, and any other information requested by the City. 10. The management group would be responsible for ensuring that all hunt participants meet the minimum requirements outlined by the City Public Hunt Guidelines. 11. Starting in 2004, bow hunter groups must notify the City by June 1 of interest to implement a deer management hunt on public land and provide verification that they can and will meet all of the above requirements. ARCHERY HUNT GUIDELINES FOR PUBLIC PROPERTY 1. Retrieval of deer that cross onto property other than which permission was granted, must be completed in conjunction with a Police Officer, State Conservation Officer, or other official designated by the City of Brooklyn Center; • 2. All hunt participants must successfully complete an approved Bowhunter Education Class; 3. All hunt participants must attend a hunter orientation class provided by the City or the approved hunting organization(s) identified by the City; 4. All hunters must review and sign a liability release for any risk or injury they incur as a result of hunting in a City park; 5. Hunters will be provided parking permits which must be visible from the outside of their vehicles at all times while hunting; 6. All hunters will be assigned a permit in order to participate in the hunt; 7. Police personnel will be utilized as needed to insure a safe hunt and assist with any law enforcement issues. A briefing will be scheduled with the Police Department to facilitate their role in the hunt activities; 8. All participants must attend proficiency training and pass the proficiency test provided by the MBRB, Urban Management, or other approved organization; 9. Participants will be selected through the approved hunting organization's application and • selection process for metro hunts; 8 10. The City will post the huntable areas of the parks with signs and/or flagging so that • hunters can easily identify hunt boundaries; 11. The City will notify park users via signs at all designated entry points into the park the times for which the park will be closed for these hunts; 12. The City will notify City landowners with one - quarter mile of the park or public land via a letter and general news release regarding the times for which the park will be closed and the details of the hunts that are planned in that park; 13. In public parks with wide spread recreational use (Palmer Lake Park), the hunt guidelines will be as follows: • Both weekends and weekdays may be utilized. The park will be closed to the public between the hours of 5:30 a.m. and 12:00 p.m. on days of the hunt. • Any deer that need to be removed will be removed between 10:00 a.m. and 11:00 a.m. so that the park can be reopened to the public by Noon. • The number of hunts will be determined by the number of deer targeted for removal during the season. 14. No screw in tree steps or permanent stands will be allowed; 15. No open fires or alcoholic beverages will be allowed within the park boundaries during • the hunt hours; 16. No animals, other than deer, may be hunted or shot; 17. No unauthorized vehicles shall be used to transport tagged deer from hunt sites to the parking area; 18. All shots must be taken within 25 yards of the hunter; 19. There will be no entrails left on walking trails. Entrails must be properly disposed of, 20. All hunters must follow any directions issued by City staff found to be necessary to implement a safe and effective hunt; 21. The City will designate a hunter check - in/check -out station/location/ rocess and a g p coordinator for each special hunt on public land. Hunters must physically present their harvested deer at this location to allow for the collection of biological data; 22. Hunters will not be allowed in any park between the hours of 10:00 p.m. and 5:00 a.m. on any day; 23. Hunting stands must be put up and removed the same day during the hunting periods. A • hunter may leave no stands, equipment, or other items on park property between hunting periods; 9 24. Harvested deer must be concealed in vehicle /trailer during transportation from the hunt • location; 25. The number of hunters per site for parks that may be included in future special hunts would be determined by the Police Department and the bowhunting organization; 26. In addition to the above requirements, all participants must comply with all laws and regulations of the State of Minnesota governing hunting in general; 27. Any violation of hunt guidelines will result in the immediate revocation of a hunter's permit; 28. These provisions and the hunt locations will be reviewed annually and modified as needed to improve the effectiveness, safety, and efficiency of the program. DATA COLLECTED TO DETERMINE IF AND WHERE DEER SHOULD BE HARVESTED IN 2003 -2004 ♦ Deer Habitat Based on aerial surveys and observation, City staff produced a map illustrating the deer habitat areas (exhibit attached) of the City. The total land area within these habitat areas is approximately 751 acres or 1.17 square miles. Using the standard of 20 deer per square • mile of deer habitat area, it is assumed that Brooklyn Center can support a deer population of approximately 20 -22 deer. ♦ Population Survey Results To estimate as accurately as possible the number of deer in the city limits, the City has conducted several counts via helicopter. ♦ 1995, 1998, 2002, Deer Counts (exhibit attached) The most recent and complete aerial survey conducted of Brooklyn Center was done in March of 2003. This survey identified sixty -five (65) deer in Brooklyn Center. Given the fact that herds have been known to increase as much as 25% per year, the actual number of deer in Brooklyn Center could easily exceed eighty (80) today. Based on the standard above the current number of deer in Brooklyn Center it may exceed the recommended maximum by sixty of more deer. Task Force members considered several factors as they determined whether deer should be harvested during winter 2003 -2004, including deer population, data on deer - vehicle accidents, citizen complaints, and the prospect of limits on City funding. According to the aerial survey conducted in March of 2002, no area within Brooklyn • Center's sole jurisdiction met the guideline of 20 deer per square mile of habitat area. 10 Task Force members discussed the concern that their birth season had occurred since the • count was conducted and, more than likely, more than 50 deer per square mile could inhabit some districts, but even with aerial counts, no one can determine exactly how many deer are inside the City limits or how many will survive and reproduce after each year's count. Survival variables include weather, traffic speed and volume, available forage, disease, reproductive rates, the success of harvesting activity by area, development of land, deer movement, and willingness of residents to allow deer to be harvested on their property. ♦ Traffic Safety Issues The City has a deer - vehicle accident data recording system. The Police Department now records every incident of dead deer found along the roadway and all accidents reported by drivers. Using this system, three accidents were recorded for 2002, even though all deer car collisions are not reported. Report from 1998 is attached. ♦ Budget A budget of $5,000 is recommended for a Deer Management Program for the winter of • 2003 -2004. The budget will be used to cover the following costs: Signs and Material $ 250 Mailing and Postage $ 250 Aerial Survey $ 500 Bait $1,000 Salaries and Wages $3,000 A budget of $5,000 is recommended for a Deer Management Program for the winter of 2004 -2005. • • ACKNOWLEDGMENTS Kurt Lund Jenny Whiting Denise Hanson Larry Gillette - Three Rivers Park District John Moriarity - Ramsey County Natural Resources Urban Deer Management, Inc. Metro Bowhunters Resource Base EXHIBITS Minnesota Department of Natural Resources Urban Deer Population Control Policies and Procedures Sample of Deer Control Program in the Twin Cities Ariel Survey Results —1995, 1998, and 2002 Deer Traffic Counts • Deer Management District Map Deer Habitat Map 2003 Deer Task Force Meeting Minutes • 12 • MNDNR DEER MANAGEMENT POLICY i URBAN DEER POPULATION CONTROL • POLICIES AND PROCEDURES Minnesota Department of Natural Resources April 10, 2002 POLICY 1. Wildlife is owned by the State, however the State is not liable for damages caused by wildlife. 2. The Minnesota Department of Natural Resources (DNR) manages deer populations primarily through regulated hunting seasons. When a local governmental unit (LGU) precludes hunting through weapons discharge or other ordinances, responsibility for deer population management reverts substantially to the LGU. 3. DNTR provides technical assistance and coordination to LGU =s for controlling deer populations. PROCEDURES 1. DNTR Area Wildlife Managers maintain a Wildlife Complaint Inquiry Log, detailing locations • and nature of deer damage, which is provided to local governments on' request. 2. When citizens request deer population control, they are referred to the LGU. 3. When the LGU decides to address deer population control the Area Wildlife Manager provides the following assistance: A. Conduct aerial surveys to estimate the deer population (at the expense of the LGU). B. Provide estimates of probable population growth and deer removal needs to meet desired population density goals. C. Meet with the LGU, citizens and committees /task forces to discuss possible control options and make recommendations. 4. If the LGU decides to pursue deer population control, DNR requires the following: A. Deer population estimate. B. Deer population goal. C. Public involvement: an open process to allow citizen discussion/input, such as public • meetings, hearings or committees. MN URBAN DEER CONTROL • Page 2 D. A written plan to achieve and maintain the population goal, including information on non - lethal damage abatement techniques. E. Keep and maintain accurate records of deer - vehicle collisions. F. Institute and maintain a standardized system to record citizen complaints. 5. DNR strongly recommends that the LGU also do the following, so that results of deer control can be measured. A. Survey public opinion and experiences in the area/community, preferably with a statistically valid mail and/or interview instrument. B. Survey deer damage to vegetation in natural areas. 6. Upon completion of a deer management plan, if deer removal outside of normal hunting is proposed, the LGU must apply in writing for a DNR deer removal permit annually to remove a specific number of deer. Population control methods which may be approved are shooting with fireanms or archery equipment, including trapping deer and dispatching them in the • trap; and experimental immunocontraception (no permits to date). Trap and transfer of deer will not be allowed. 7. The LGU must provide DNR with data on sex, age and location of deer taken, as well as number and sex of fetus= present in females. 8. All deer taken must be field dressed and surrendered to the local DNR Conservation Officer within 24 hours. Deer are distributed to the needy, groups or individuals at the discretion of the Conservation Officer. • • • DEER CONTROL PROGRAMS • A quick review of Twin Cities area municipalities with deer control programs: Apple Valley: periodically funds aerial surveys, benefits from hunts managed by Dakota County, e.g. Lebanon Hill Regional Park, and Minnesota Zoo. Blaine: Capable Partners hunts at Blaine Airport since 1997 - Bloomington: part of 1988 Minnesota River Valley Deer Management Task Force (MRVDMTF). Started deer reduction program (trap and shoot) in 1991, evaluated 1994 (additional sharp - shooting to supplement), authorized a 5 year extension, deemed effective and voted to continue on a permanent basis in 1999 Brooklyn Park: aerial surveys Burnsville: Deer Management Program approved September 2001. Trap and shoot by contract for initial reduction, then archery hunting to maintain thereafter. Feeding ban. Chaska: participated in aerial surveys in past Cottage Grove: have used normal hunting seasons at Bailey's Nursery, and can establish • "special hunting area" when there is "an excess population of wild game or when herd control is needed" Deephaven: trap and shoot permit in 2000 Eagan: MVDMTF, alternative deer control program in 1991, participated in early aerial surveys, benefits from hunts at Lebanon Hills and Ft. Snelling State Park, aerial deer survey requested 2003. Eden Prairie: Deer Management Program authorized in 1993. Sharp - shooting over bait, recently by contract Edina: MVDMTF, Deer Population Management Plan 1993, trap and shoot and sharpshooting since 1994 Fridley: White- tailed Deer Management Plan at Springbrook Nature Center 1995, sharpshooting by police Gem Lake: use regular hunting seasons Golden Valley: participate in aerial surveys, currently looking at options • Dakota County: use special hunts during regular hunting seasons (Lebanon Hills, Spring Lake Park, Miesville Ravine), DNR aerial surveys • Little Canada: used special permits for archery removal on 2 private parcels 1994 Maple Grove: use regular hunting seasons 'Maplewood: cooperatively manage Pigs Eye Island with St. Paul and Ramsey County using special hunt (MBRB) followed by sharpshooting; trap and shoot on private property; archery hunts at Priory Open Space 206.1 Mendota Heights: MRVDMTF, MBRB hunts began in 1995 Minnetonka: Deer Control Program 1994, trap and shoot and sharp - shooting ever slice North Oaks: program since 1984 -trap and shoot (some sharp - shooting in past) II Plymouth: archery hunts coordinated with Hennepin Parks since 1992 Ramsey County: cooperatively manage Pigs Eye Island with Maplewood and St. Paul using special hunt (MBRB) followed by sharpshooting; archery hunts at Tamarack Nature Center, Otter Lake, Poplar Lake, and Pig's Eye Richfield: Wood Lake Nature Center trap and shoot periodically since 1994 • St. Louis Park: Deer Management Program 1994, trap and shoot at Westwood Nature Center; current Deer Management Task Force for private property concerns `St;.Paul: removal programs (trap and shoot) since 1995 (Hyland Bluffs), cooperatively manage Pigs Eye Island with Maplewood and Ramsey County using special hunt (MBRB) followed by sharpshooting Shoreview: currently in development Sunfish Lake: participates in aerial surveys, archery hunts in 1995 Vadnais Heights: archery hunts Willow Lake Nature Preserve (H.B. Fuller Co.) Since 1984 (employee and immediate family) Wayzata: aerial surveys 1992, Deer Management Policy 1995, sharpshooting and trap and shoot since Woodland: management plan 2000, sharp - shooting 2000, 2001, 2002 • • ARIEL SURVEY RESULTS .5 J a'; q A AXt _f k' f Ali A 1. A Al( YEN, ow A M_� DMI AO A VI I, ACAUZAVt IDIE a "UT - - - _ - i- - - O _ _ �'�, �� EhJ .vf x C'fI l^ nU t'NGa N. AVIL-11 CD Tom) I A.. " '. M VIA. -vt 1"All =11� (j,/���- E.�� •, , T N f � �JViN., .. _ I��� ' nt: R� - jL Q A - L 11 - IYAI�: _a —all I Z' A—e Ra"e. E AVE (ad RAW Aft '7 1� '�' � T E - q — , "I - -.-' .111 1.1 4. V. D. —VIN r r; R 6 GO1.11 4,' DAN SAY _ HAII 11,. 0 Im -! nAICE —Al AVE CIO _+A ' EF A P! A- rvf � L x _ i a q�;. :+iN. *4 o'.y� �e 9 ' :_. ,1 V P11 ♦ i0 4YEY .' .. a 9 i� �A�NA Y 'I a AIYD bi � 2' �''l -- voA, 1Y A M .' 4 ' ] A _•�a I �� ��a4R LfO• ! ' 1 1 TL 7 4 !1 pen 2-- - �__ -__C'O 'PN 1 I�A'YE.�„ iOQ 1' N - C� is m 5. I AVE clo z z3n J�j fly �jt: Ta" i jf 2 AV AGA, Emu. IV OGAm 0.15 AVE N JA U.g AV itt M -5 q :1: A IRV., 4 All - 1 A!z C �� Y1 _ Ic A . -ORE.a. W upoe IN Isroam au'a", - hpo'c" AVE 4 /A EL zQ* � A - A : l rn Al D 1 J �C� `•, F� __ E q d V 1 I .' _ 1!'f1U' yCn 'I ING 44 R a 400 2 01 pi Li � � lii.Yii I', � „�� �1,��r�t �r� �..� SUBURBAN HENNEPIN REGIONAL PARK DISTRICT W. _ 12615 County Road 9 Plymouth., Minnesota 55441 -1248 • Telephone (612)559 -9000 T-DD (612) 559 -6719 FAX 559 -3287 An Equal Opportunity Employer February 19, 1998 Dave e Peterson � (g Superintendent of Public Works 6301 Shingle Creek Pkwy _ Brooklyn Center, Ml I 55430 Dear Dave, As you requested, Hennepin Parks conducted a winter, aerial deer survey for Brooklyn Center on 20 January 1998. The survey included Twin Lake, .Palmer Lake, and Dunham Island. The attached map shows the boundaries of the survey. The survey was flown with a helicopter at low altitudes. The snow, conditions, were good with • a 6 to 10 inch base. The survey numbers should be looked, at as a minimum population.. The number of deer found in, your survey area was 39. This was up slightly from your .1995 survey of 31. The deer were in Palmer Lake and on Durham, Island. The enclosed map . shows the locations and distribution of deer within the city. The survey took 0.5 hours at $158.00 per hour. This will be billed directly from Helicopter Flight Inc. of Crystal. If you have any questions about the survey or would like additional information regarding our impressions of the survey feel ,free to contact me at 476 -4663. Sinc ely, ohn J. Moriarty - Wildlife Specialist Enclosure RECYCLED PAPER - Conserving our Resources Contains 50% total recycled fiber, 10% Post- consumer fiber - — — f�lR�11 • Mkt � m.1u °m �•axp µop. `'fig\ {♦ .. //t R1t n• ■ . S 11IIU MH ono• 6 r� WI {IIn1 WII nuunnu C, �Cq� '�'�"r�gnl� - « � , / � l tnnnn HIIIIIIt1■ .•�Inn11.1+ � V'>� I Q �E�It t III�H :IIn1IIIlIIII: � 0111 /O n � '�,� i • • t �lnut p' noun u1�,1I1 = i•G�� - _, _, w■leauet ' � ■ � �, 1111111111111 1 ' auvn 14!MI! 1lYII um - - nnl: E: II 1111- unum.e+l/nI :■:.. giant...: u� �� � CIS•• e . yl �IIIIII111111 � t . t all>+rlrrr+ { { { { { { {: {u { { { { �� ■ �a•?'' .�i IIGl1 I!lIII •unm :nnw L•■!1e1 :II.y nm • n ■ 1 � m. �1 .�• � 11R`° !^'r' -'++a nnunn W/rrrrnnn Iuau1 u1nW �` �� � � - unl aI 'ka�C n GIL� - — , +m.u'-'! " "•J�IIB'�1° a 'nntlP•/ CC -• -: 1101114 a1uun QC CC aHIRfI y�aq•1. .n � +:.. � C. •l�cwslulln C .I,..,II _ r►aR� , •un 'DII/J� h +� :� lln" 1 Gno► q /U. • 114 ;. •. . I'mmp W . ■ neue• Ib1UU . l nun +. u!a!rnct/ A xnuln nuu 1 n :u■r • 1 �i �: �C 1M h11gi�: �: .+ �C � i�r► 1. �:.Ipllllle: Y � . : �..0 �• mll 111111111111111 �' on / nom � m -- C n''i 3 ���� IIIIErI■y11 noun =uun mu . 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C: , is,. `♦♦♦�,. .• � .....° , ► E� an / ii p {{ O1 ' O1 a�•G • F II 4, • 4 �., � ' � n 1 , u/ r, 1 un i "� 1111111 �I III 1 1 1 111111111111111 111 pat ■ 1 1 1 11 1 IIIIIIIIIIIIIII rl ■/ \OI01 n 1 I III Ili 11 ' ` II IIIIIIIf 111 �I�' I I ■ 1 (IIII (IIII •I W 1'I � { {I III 1f7 . • • � .•A ' LL'll flll IIIII 111 / •� 7 • �l I { { ■ { � { i E �1r '- � S II •aff�.:.r0. ■III i ■ ■■' 1 ° :: IY'1 I 11= 1 1 11 - llle_' 1■III/A n 111_....,,, -- � . - - �ppn � � "" 1 ■ f � / . 1' n X {C : 1� ■•■ / � � / @� HENNEPIN SUBURBAN HENNEPIN REGIONAL PARK DISTR,�CT 12615 County Road 9 Plymouth, Minnesota 554 41 -1 248 PARRECAS Telephone (612)559 -9000 TDD (612) 559 -6719 FAX 559 - 3287 ( _ Gds -- • I�1 !!2J- r(���f�f 7�`; �il ftirJ�C[�' , March 17, 1995 Dave Peterson Superintendent of Public Works 6301 Shingle Creek Pkwy Brooklyn Center, MN 55430 Dear Dave, As you requested, Hennepin Parks conducted a winter aerial deer survey 'for Brooklyn Center on 9 March 1995. The survey included Twin Lake, Palmer Lake, Shingle Creek corridor and along the Mississippi. The attached map shows the boundaries of the survey. The survey was flown with a helicopter at low altitudes. The snow conditions were good with a 6 to 10 inch base. I feel that we had a less accurate count than previous years because of the late date of the survey. The survey numbers should be looked at as a minimum population. The number of deer found in your survey area was 31. The deer were in Palmer .Lake and on Durham Island., The enclosed map shows the locations and distribution • of deer within the city. The survey took 0.7 hours at $156.32 per hour. This will be billed directly from Helicopter Flight Inc. of,Crystal. If you have any questions about the survey or would like additional information regarding our impressions f the survey feel free to contact me at 476 -4663. Sinc rel , ohn oriarty Wild ' e Specialist Enclosure cc: L. Gillette, J. Parker 95drsrv4 ,Lj�� • BOARD OF COMMISSIONERS David J. Dombrowski, Linda Marquardt, Jim Carey Marilynn Corcoran Rosemary Franzese Brigitte Kay Reuther Paul Taubr Chou Vme -Chao Eden Pram. Dayton St Anthony Plymoulh Hnpktns SI Louu Park P Ma to Grove Douglas F. Bryant, Superintendent and Secretary to the Board RECYCLED PAPER - Conserving our Resources An Equal Opportunity Employer Contains 50% total recycled hher, 10% Post - consumer ltoer L rc 1! ti' L �( iuL�I E - - . fill i =1j ([IIf !� •1 t li[iiTl ; �'.•_ i rn[ [Il[lll[iriiL[!L.III((I (I IEir u L' "iiiil iaf I -. fi'r'ri1, ,Illllfl lliiiiilQillllll[IIIII[:_ flliiiPl�.- . l�tt7uci' � 8 w ((iutilt�tuur[cu'�� -;— {1 �I ( 111[1911111Ul"ali11[1I1111111r4I"J i-ill._-f _I I'll li'I11,1_1Tid I [ I_l r... 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YrmTf;l - •L•,'.�.1 Lll 1�1j1�, .� + {��" "- '_"`r�r}}.�M�{�(}r17� 1 _ __ �_� ... _ - '',� 1�:1: , ��_. �- _ Y �fi17ilVr' . fir-_ [IIIIlll� :I� , y �U� I rr1l mr• - = 7tlrry ( W ........................... .••_•...•...•._._.......... tl S-• A a� ... �Z :PIS :; :�s:� ;t:;..": :: y, LO S- C a) -0 clJ a) O O 4- •N U O U -1= g r U cc 4--3 O eo O O Q CS i • • DEER TRAFFIC ACCIDENT COUNTS M �gOOWN CEN BROOKLYN CENTER POLICE DEPARTMENT POLICE MEMORANDUM TO: Diane Spector, Director of Public Works FROM: Joel Downer, Chief of PoliceoZ� DATE: October 15, 1998 SUBJECT: Deer The Brooklyn Center Police Department has responded to nine calls involving deer from January 1, 1998 through October 6, 1998. Case #98 -322, January 8, 1998 at 5:55 am. A deer was struck by a motor vehicle on County • Road 10 near Shores Drive. Case 998 - 1650, February 3, 1998 at 6:52 pm. A deer was struck by a motor vehicle on County Road 10 near Major Avenue. Case #98 -3009, March 2, 1998 at 7:17 pm. Report of a deer struck by a vehicle on County Road 10 near Major Avenue. The vehicle and deer were gone upon officers arrival. Case #98 -7163, May 16, 1998 at 1:13 am. A resident reported a deer on Brooklyn Boulevard near 65th Avenue. There was no accident reported and the deer was gone upon officers arrival. Case #98 -9110, June 16, 1998 at 5:56 am. Officers responded to a personal injury accident on southbound Highway 100 near 50th Avenue. The accident was the result of a deer being struck by a car. Case #98- 11189, July 20, 1998 at 2:30 pm. Officers responded to a call of a suspicious vehicle in Grand View Park. Further investigation determined that the vehicle had struck a deer at an unknown time and location. Case #98- 12756, August 16, 1998 at 2:08 pm. A citizen reported that his daughter was driving her car along 69th Avenue and struck a deer the previous evening. The citizen pointed out a • house that has a salt block which attracts deer from the Palmer Lake area. Case 498- 14242, September 10, 1998 at 12:50 am, 6857 Dallas Road, a resident reported a prowler in her backyard. Further investigation determined that it was probably a deer. • DEER MANAGEMENT DISTRICT MAP Deer Management Districts P O Z 73RD AVE N 0 73RD AYE N z \ ' Q Da\EV � � z > / < H M ( D X� /E N z Z 69 A N I V9TH AVE N 68TH A 6 H A N 4 InITE HAV z ry — P?011dE u r - > -I C Z Z < > -I 0 �, m bbl H V= r rn w w z7om ? < 0 0 ( /� D ( Z 0 I N Z < L �CiVR Y � 5 R � 4 1ST E D S M 6 N) mVE� 3 - 6 T V O F E N < • w 9 H EN 59 H4 EN o z w A E RC 58 fF AJ✓ 1`4 z Z z Q 7 _ z >5 _ - 7. z N N �¢ia> < .� N Q Q J W E z Q ! - ,Q O j Y Yom - U J S m VE E ¢ i3 2E AVE 0 S m o m z > 9T A E Z 751 Acres LA RE E AVE H AVE • C/ty Of BROOKLYN CENTER • • DEER HABITAT MAP • Deer Habitat P p Z 73RD AVE N 0 73RD AVE N Z DW D > j — WE f \ < _ � z U -2 F _, C EFA << ✓E N z 69TH � .9TH AVE N 68TH 6 HA N� W 1= INTE AV Z p nVVVL LIV -" D m I �- bSIHAV= w z7 z < p K=R D S 6 N , NE\ M O T 1ST E RN l <I • 6T V pF E N w 9 H EN J� 594H WE N O' z ry ui A E RL) ,� 58 rF A ✓ -� z 7 ' CO CO z 'j z>Z z N „ < jjQ < N z W E z .�� p � w J 7 S m VE E 53 2C A S m a < f L o m Co z D 9T A E z 751 Acres LA RE E AVE H AVE • ty Of I .B78RO KLYN TER • • DEER TASK FORCE MEETING MINUTES • CITY OF BROOKLYN CENTER DEER MANAGEMENT TASK FORCE MEETING MINUTES AUGUST 28, 2003 6:30 P.M. CALL TO ORDER: Curt Boganey, Ass't City Manager The first Deer Management Task Force meeting was held at City Hall with 15 people in attendance, sign up sheet attached. All persons present introduced themselves and stated their reasons for being at the meeting. Many residents attended because of their concern and interest on what's going to happen with the deer population in the City. Along with residents in attendance were Dave Peterson from the Public Works Department, Curt Lund from the Brooklyn nter Police Department, Councilmember Carmody, Officer from the City of 3'n p Y, ty Brooklyn Park, Brian Luth a representative from the DNR, and a couple representatives from MBRS (Metro Bowhunters Resource Base) also Task Force Members. Curt Boganey addressed the group with a welcome and explained that we need to • prepare a Long -Term Deer Management Plan for consideration by the City Council. This needs to-be accomplished by the end of October. We need feedback and input on this subject and to come up with our outline mission and tasks. The City Council met in August and gave direction for staff to proceed with developing an effective and cost efficient plan. There is no money in the `2002 budget at this time but we still need a plan with costs as reasonable as possible. In order to do this we need to educate ourselves and others on this issue. Mr. Boganey provided a packet with information he collected. The first page in this packet is `Responsibilities', which is looking at data collected, reviewing options, available methods, then need to produce a long -term plan for consideration by the City Council. The next information collected was from the Urban Deer Population Control Policies and Procedures developed by the Minnesota Department of Natural Resources on April 10, 2002. The policy says that wildlife is owned by the State, however the State is not liable for damages caused by wildlife. The Minnesota Department of Natural Resources (DNR) manages deer populations primarily through regulated hunting seasons. When a local governmental unit (LGU) precludes hunting through weapons discharge or other ordinances, responsibility for deer population management reverts substantially to the LGU. When the LGU decides to address deer population control the Area Wildlife Manager provides the 1 • following assistance: a) Conduct aerial surveys to estimate the deer population (at the expense of the LGU); b) Provide estimates of probable population growth and deer removal needs to meet desired population density goals; and c) Meet with the LGU, citizens and committees /task forces to discuss possible control options and make recommendations. Another document included in the packet is prepared by the DNR which gives a good background about deer, the history of deer biology and behavior especially in urban situations. Their population analysis, along with a written report of the long -range plan for the management of white - tailed deer in the metro region, is also included. Next is a report from the Iowa City Deer Task Force. When you read this report it says they will meet each spring to review educational material, deer population numbers and management options. The Iowa City deer report is very well laid out and easy to follow. This report hits on primary issues, but it's for Iowa City. It serves as a good way to understand and accomplish our plan. We could do a draft similar. The next piece of information from Wildlife Management Agencies talks about deer management options, regulate hunting, do nothing and allow nature to take its course, trap and take to other locations, use fencing and repellents to manage conflicts with deer • populations, use fertility control agents to regulate deer populations, and other options they have used. It also explains why they choose one thing and not the other, with the options given. In reading this information we should compile our questions while we work through a plan. As a task force you want to be informed and educated so you can give good responses to questions that arise. The Urban Deer Management in Woodbury is a nonprofit corporation organized by a group of experienced bowhunters to help control the growing deer population in urban areas. We may want to hear more about this group and check with other organizations on what methods they use. The Brooklyn Center Deer Management Task Force needs to gather as much information as possible to recommend vendors available to the City Council. Strengths and weaknesses need to be presented on bowhunting, trapping, and sharpshooting so the City Council can vote on the best possible option. Curt Boganey will produce this report to be signed. Again, October 31 st is the deadline for this. Also in the packet are previous aerial deer surveys from The Suburban Hennepin • Regional Park District dated March 1995, 1998, and 2002 saying an aerial deer survey for Brooklyn Center has been conducted, along with attachments of maps and deer counts in the 2 • different areas. An attached map showed the boundaries of the survey. The number of deer found was 39. The last two pages in the packet are maps of Brooklyn Center and Brooklyn Park showing where deer were spotted in March 2002. Brooklyn Park had 38 deer, and Brooklyn Center had 65, which is a total of 103. This is the most recent survey for this area. One map shows where the deer habitats are in Brooklyn Center. The shaded area is the primary; the brown is the secondary. There are 950 total deer habitat acres in Brooklyn Center; of 727 ar e ry yn , primary acres, and 223 secondary acres. The desired limits are no more than 20 deer per square mile of available habitat, per DNR standards. Our report indicates 65 deer in `2002. This is an over desired number. We need to decide, looking at the Brooklyn Center map, use 1.84 sq. miles or divide the city in sections or grids. We are looking at having 3 areas, based on the number determined objectively. It needs to be decided also if we should just focus on the more effective area where the problem is and that could help get our numbers down. The Task Force Members state we actually have 500 acre's that the deer prefer to live on. The proper way to define habitat is to eliminate the park, lakes, and cemetery areas. In the City of Iowa plan they established 3 guidelines for their City's long -range management plan: 1) is 0- • 24 deer /sq. mile: educate residents about living with deer; 2) 25 -34 deer /sq. mile: review on an area -by area basis; and 3) 35+ deer /sq. mile: reduction must be implemented. At this level, deer pose threat to the ecosystem. Several other City's remove deer by utilizing sharpshooters, or bowhunters which is a group from the MBRB. The representatives from MBRB passed out information about themselves for us to read. It was asked at the meeting if we could work with Brooklyn Park on this. Clearly, our recommendation is to the City of Brooklyn Center Council. We want Brooklyn Park involved with us as a partnership since they are our boundary line. To get started on this project, an outline was passed out of what needs to be done at this point. Six meetings have been set up to act on the following: • Establish Goals for Deer - Review Other Community Plans • Identify Herd reduction Strategy - Philosophy, Cost, Effectiveness, Risks, and Interview some Experts • Finalize Recommended Reduction Strategy - Invite Brooklyn Park • Identify Educational Component 3 • • Identify Monitoring and Follow Up Methods • Review /Approve Draft Plan It was asked how accurate our deer numbers are from the aerial survey. The DNR stated it's within 75% accuracy. It takes about 4 hours to complete an aerial survey. The survey took place in the winter. For now we will go with the number from the 2002 Hennepin Parks Survey provided from last year. We will want another survey done this coming winter. Our next meeting will be more talking from everyone and gathering input. We will look at our options of the hunter's approaches and what we need to do at the city level for public safety. It was decided that at 6:30 on Thursday's are the best times for meetings. They will be held at City Hall. What about the Press Releases? Our goal is not to get in the Sun Newspaper. The DNR suggests that the Task Force group not communicate to others. It was unanimously decided that Curt Boganey, Brooklyn Center Assistant City Manager would speak for the • group. Meeting was adjourned. Respectfully submitted, Jenny Whiting City of Brooklyn Center Public Works Department • 4 CITY OF BROOKLYN CENTER DEER MANAGEMENT TASK FORCE • MEETING MINUTES SEPTEMBER 4, 2003 6:30 P.M. CITY HALL CALL TO ORDER: Curt Boganey, Ass't. City Manager The second Deer Management Task Force meeting was held at City Hall with 12 people in attendance. Mr. Boganey asked group if they had any questions or comments on material given to review from last meeting. One comment was that some of the information was 10 -13 years old. A couple charts need to be updated by the DNR and its on their agenda to get done. The material we have are just examples for us to get started, and just an easy template for to follow. The first item on the agenda tonight is to establish deer population goals. Need to look at modifying our maps for deer habitat, not including cemetery and park. This gives us about 751 acres of deer habitat. With that in mind we need to set our goal with a number of deer per sq. mile. We originally said 1.1 sq mi. of deer habitat land. Between • Brooklyn Center and Brooklyn Park we have approx. 150 deer. We will set our goal for the Brooklyn Center aerial statistics given us. DNR recommends a deer population density goal of not more than 20 per sq. mile. In our case it's 20 to 22. Discussed deer population growth where a mature doe typically produces twins annually and may produce triplets. An area's deer population can increase rapidly. Reviewed deer accidents reported to Police. Keep in mind some people prefer not to report their accident to police, many are hit and run accidents. Basically, our studies show a 20% increase each year in deer auto accidents. Discussed Palmer Lake area where there seems-to be lots of deer by the trails. Some deer are getting people oriented. The deer go back and forth between cities. The prime habitat is at west Palmer Lake at the northern edge. Every year there are more. The Task Force Committee would like to get more information about bow hunting. A guess speaker will attend the next meeting to give us details. In fact, we will line up a few speakers for the next meeting. Need to also keep in mind the cost of our decision. We have no money. The cost • should not be the decision factor though, that would be up to the Council. If there is cost involved we will budget for it. Our Police Department will do whatever they can to help whatever group we chose to get rid of the deer. The Police will have Explorers to help with the public safety during that time. The area will be closed to public, signs posted, notices sent to residents and whatever else is decided to do. It's up to the City to decide when to get rid of deer. Bow hunting is in season through December, so the hunt can be done yet this year. Also, there are special permits we can apply for to bring in hunters. We have time to do something this year. Brooklyn Center's strategy will focus on Brooklyn Center deer with coordination . of Brooklyn Park. Our goal is to take out 20 deer per sq. mile. The timeframe to achieve the goal is a minimum of 3 years, maximum 5 years. The consensus was to start this year, if City Council approves. The preferred method is bow hunting. Attached to the meeting agenda the DNR has a list of area municipalities with their deer control programs. Minnetonka's deer control program has been at it awhile, they trap and shoot and sharp - shooting. St. Paul has their own animal control staff. Maple Grove uses regular hunting seasons. Andover has similar problems, but with geese and they take steps to reduce them. Each City has their way. In this metro area there are 600 -800 deer removed. Edina and Eden Prairie use sharp- shooting over bait, by • contract. This is an expensive route but gets the job done quickly. Burnsville traps and shoots by contract for initial reduction, then use archery hunting. At looking at the many options used, it looked like Burnsville would be similar to us because we have no funds available at this time. Using the bow hunters would be the best option. The consensus of the group was `no sharp shooting'. The first option is `bow hunting'; and second is trap and kill if first option does not work. Next meeting we will learn more about the bow hunting strategy. Guest speakers will be invited to our meeting. It would be nice to have a speaker from one of the cities that used archery and get their perspective. The police will not be available at our next meeting because of September 11 events taking place in the evening. Next meeting is scheduled September 11, 2003 at 6:30. Meeting adjourned. Respectfully submitted, Jenny Whiting • City of Brooklyn Center Public Works Department • CITY OF BROOKLYN CENTER DEER MANAGEMENT TASK FORCE MEETING MINUTES SEPTEMBER 11, 2003 6:30 P.M. CITY HALL CALL TO ORDER: Curt Boganey, Ass't. City Manager COMMITTEE PRESENT: Curt Boganey, Jeff Gelhar, Russ Terwey, Vic Henry, Bryan Lueth, Janice Baertschy, Tim Peterson, George Olzenak, Art Lenius, Tom Quist, Todd Hanson, Lee Folstad, and Dave Peterson. GUEST SPEAKERS: Steve Silk, Urban Deer Management, and Dan Williams, MBRB The third Deer Management Task Force meeting was held at City Hall with 17 people in attendance. Minutes should be reviewed from past meetings. At our next meeting we will ask if there are any corrections needed. So far what we have established as a group is the consensus that we have a goal of 20 deer per square mile, and the preferred method is bow hunting. Two guest speakers were asked to join us to give some background on their organization and how their program could reduce the 103 plus deer down. URBAN DEER MANAGEMENT - Steve Silk. Urban Deer Management is a nonprofit corporation organized by a group of experienced bow hunters. Their objective is to help control the growing deer population in urban areas. Here are some of the following notes taken: • `2001 - `2002 statistics show their success. A chart was given out telling how many hunters, bucks, does, buck fawn, and doe fawn were taken. In `2001, 65 deer total actual harvest, and in `2002, 81 deer total actual • harvest. • Organization is Insured and Bonded. • Members pay membership dues, and must take a proficiency test. The test will also consist of five shots from an elevated stand with broad heads and all five shots must be in the vitals. • Meetings are set up with members to spend time with them to go over the philosophy of why they do this. Members are educated on what needs to get done at the hunt. • Team Concept. Members must be willing to hunt as a group. All members are required to have a management license and an intensive harvest license to hunt. Members must be willing to have their tag used by others participating in the hunt. Selective hunting will not be allowed. Tags are monitored. • Clearly, we limit who gets to hunt. The number of hunters depends on area. I • Question asked, "From the city perspective, does the hunter watch for deer of his choosing? For example if there were deer coming down the path and the 5th one had antlers would the hunter wait for that one? " Answer: The hunt is not out to shoot big buck. The City can set the rule to keep the antlers if they want. The goal is to hunt as many deer as we can. Sometimes the hunter is rewarded for a job well done and then we will allow the hunter to harvest antler deer. • Question: "If you were us (the city) looking to use your organization is there a time of season for some reason that would work better ?" Answer: When the swamp is frozen is the best chance. The first 2 days of the hunt are the best before the deer take off elsewhere. Our contribution to the City is a volume effort. Want to get the • job done. 1 • It costs a bow hunter about $300 out of his own pocket, which includes cost of license, equipment, and vehicle • use. It's a contribution from each individual, to give back to the community to help out. • City sets precedence. Can hunt all -day or just mornings. Start hunt in one area then show success and go on to next plan. • Will need a multiple year plan in order to work. A 5 -year plan is the best. • Data is important. All data is recorded and given to the DNR and City Coordinator. The organization received letters from other companies commending them on a job well done. • Hunters will not answer questions if approached by others. They will let the person know whom to contact with their questions. There is always a spokesperson available at the site. • Very important to get information out to citizens about the hunt to take place. Need to get the message to them by sending out literature, post area saying there is a controlled hunt going on, put info in newspaper, whatever it takes. There is an average balance for citizens to accept/or not to accept the hunt. You need to educate the people as much as possible. The more they're informed the better the hunt is. • Disposal of deer after the hunt is taken care of. Butchers use to donate to charities in the past, but there are concerns due to Chronic Wasting Disease. The DNR used to reimburse butchers to donate the deer, but the State does not do this anymore. We now have partnered with the Hmong community who come and get the deer that day of the hunt. This is managed internally and all will be accounted for. We have received good feedback from citizens when they learn deer are disposed in some productive manner. If the hunt is held during • the hunting season the hunter takes care of his deer. • Bow hunters need as much time as possible for the hunt. • City will review staffing needed. Look at police involvement, use volunteers and/or residents to help with the safety control around area. Need to close area off to people's activity on the trails. • Urban Management was asked to review The City of Burnsville Deer Plan. The taskforce would be interested in your feedback regarding the rules and guidelines they used, and will it work with your group. Steve Silk will call Curt Boganey after his review. Steve mentioned the Burnsville guidelines are close to what UDM have. METRO BOW HUNTER RESOURCE BASE: Dan Williams. The primary purpose of MBRB is to provide a service to local municipalities in a way that demonstrates bow hunting's effectiveness and a positive image of bow hunters. The MBRB provides bow hunters for programs ranging from strictly recreational hunts to highly controlled and restrictive archery sharp shooting projects. Here are some notes taken from the speaker: • The MBRB is a cooperative effort between the MN DNR and the state archery organizations, including Minnesota Bow hunters, Inc., Minnesota Deer Hunters Association, Minnesota State Archery Association, Minnesota Bow hunters Chapter of Safari Club Int'1, and Capable Partners, Inc. • The organization started when the Federal Government asked bow hunters to help them out at Fort Snelling with the deer population. Out of a goal of 100 deer the bow hunters took 70. That's how the hunters got to meet other hunters to form their organization. • Anyone interested in joining MBRB must pass an accredited bow hunters education class, proficiency test, and 2 sign an ethics pledge to follow rules. After you've met these guidelines you simply list your hunt preference • and pay a small annual fee, then you are put in the database. Some hunts require that participants pass a stricter shooting proficiency test. Others may be limited to antlerless deer only or further restrict hunting times or methods (tree stand only and shots within 18 yards, for example). • Bow hunters may be chosen from the database on their availability (weekdays, weekends, evenings, or mornings). May choose hunters by a lottery system. If the hunt is on a timeframe, specific hunters will be chosen that are more qualified. • Bow hunters must come to the orientation for the hunt and are given a map of the area. • If the hunt is held during hunting season, the hunter is responsible for his deer. • MBRB helped private programs: To mention one, Lebanon Hills area by the new zoo wanted 100 deer gone in three years. The MBRB took 111. They had the park shut down Monday, Tuesday and Wednesday till noon. • They have hunted in Ramsey County the last five years. They have also, hunted in Burnsville, and in Maple Grove. • Hunters are generally to take a doe before a buck. If they take a doe first then they can go for the buck. • All deer are reported. • Have dealt with protestors. If there are protestors, we would like the protestors to stay within their perimeters if they're given a permit. They have their right to protest. • Don't expect protestors this year, but not to be dismissed. Citizens should understand we are here to help the • City out. • All eligible hunters are in the MBRB database. Anyone can sign up. • This is not a quick fix it takes planning. There is no cost to the City, no loud rifle noise, just quiet bow hunters that are all managed by a coordinator. • Received thank you letters from residents. • It's hard to say how many wounded animals get away. Some deer survive arrow wounds. 97% of the deer are found. Every effort is made to find the wounded deer. • The City will decide the date of the hunt and announce to public. Letters to residents is a good idea, about 3 weeks ahead of rime, and may also send a reminder note. • No problems with The City of Burnsville Deer Program Guidelines. They want the deer removed from the area and then gutted. Killed animals must be covered up when taken off the premises. • Question: Most effective time? Answer: Its best frozen over. Deer will run to swamp area. If in residents yards they aren't hunted. Deer have their route to go hide. And when deer are moving accidents can happen when they run out on the highway. • Question: Do you have any additional comments, ideas, or suggestions to the City on making recommendation on what we need to do to make this a success? Answer: Doing what you're doing by having a task force committee. Talk to residents as much as possible to educate them. Post signs 3 weeks ahead of time. Send out letters and reminders. Bow hunters can do their part by doing their best to remove deer quickly as possible. • Most important is to communicate to the public and help them understand. The average citizen is much happier 3 with deer not over - populated. Its best to close the park area for a day and not for a long period of time. • Common question asked by residence is `Why can't I bow hunt the deer, I live hereT The answer is bow hunting is open to everyone, you need to apply at the MBRB, but bow hunting is not for everyone. If interested they can apply, be interviewed, and pay the $12 to get their name in the database, and pass the test. Everyone in the database have the opportunity. The hunt needs to be controlled and only members of the organization can get picked. Other questions asked to both groups: Let's say The City of Brooklyn Center adopt some guidelines like all shots must be 25 yards of the hunter, will your group still be interested? URBAN MANAGEMENT says they will do the best job they can, not a deal breaker. MBRB says the hunters have no problem, they have held hunts with shots limited to 20 yards or less. It was asked to the City when we would make the decision. Our answer is to give our recommendation to the City Council before October 31st. But we hope to be done the middle of October, and will send to the Council then. The Council expressed a sense of urgency of getting this done; they are ready to do something. Both groups were thanked for coming in and educating us on their organization. Another speaker, Larry Gillette is invited to come talk to us on Wednesday, September 24th. He is a person detached from hunting but can give us his perspective on hunt. He has provided oversight at the Three Rivers Park System for deer hunts for many years. It would be worthwhile to hear what he has to say from his past experience. He can give us insight from talking to bow hunters on their standpoint. He has hired and used bow • hunters. We can listen to his guideline and criteria on how to have a well - managed bow hunt. NEXT WEEK AGENDA: Identify Educational Component. Start finalizing our strategy from input here tonight. Look at Burnsville information. MEETING ADJOURNED Respectfully submitted, Jenny Whiting City of Brooklyn Center Public Works Department G:\Depts\Public Works \Central Garage\Deer Mgmt\Deer Management 9 -11 -03 • 4 CITY OF BROOKLYN CENTER • DEER MANAGEMENT TASK FORCE MEETING MINUTES SEPTEMBER 18, 2003 6:30 P.M. CITY HALL CALL TO ORDER: Curt Boganey, Ass't. City Manager COMMITTEE PRESENT: Curt Boganey, Kevin Benner, Jeff Gelhar, Russ Terwey, Vic Henry, Bryan Lueth, Janice Baertschy, Tim Peterson, George Olzenak, Art Lenius, Tom Quist, Bob Gross and Lee Folstad. Also present was Kay Lasman, City Counsel Member. The fourth Deer Management Task Force meeting was held at City Hall with 14 people in attendance. Minutes were reviewed and corrected from past meetings. Correction made on page 2 of the 9/11/03 meeting minutes. Will review minutes again at the next meeting. Comments were welcome from presentations made from Urban Deer Management and the Metro Bow Hunters Resource Base (MBRB) at the 9/11/03 meeting. It has been recommended that the Brooklyn Center Task Force not recommend either group to the Council, however the Task Force should compile a list of criteria required for the Council to follow in making their decision. The decision should be left to the Council through Administration, which should be able to present a more thorough investigation for the Council. The Task Force collaborated on what their job should be. They will do the legwork, present a plan, and provide vendors (along with credentials) for the Council to pick from. Criteria for a group is most important. Whoever is chosen should be able to fill the Task Force's requirements. Majority ruled that both Urban Deer • Management and MBRB are considered capable. A full report will be presented to the Council before October 31, 2003. The following has been agreed upon by the Brooklyn Center Task Force in order to come up with their list of criteria: • Bow hunting is the number one choice for deer elimination. • Future task forces should review other groups besides the two presented in the 2003 hunt. • Communication to the public is strongly recommended. Announcements must be made well in advance — 3- week minimum. • The group chosen for the hunt should determine how many hunters they will need. • The city will be divided up into three districts or zones, and the deer reduction would depend on the number of deer in each zone. It was decided that the Palmer Lake area would be the area of concentration for the first year for statistical purposes, and it has the largest deer population in Brooklyn Center as well. The data collected will either support or oppose the deer management program. After reviewing and comparing different sources of information, the City of Brooklyn Center Deer Management Task Force has come up with the following recommended guidelines to present to the City Council to use when making their selection: • 1. Retrieval of deer that cross onto property other than that which permission was granted, must be completed in conjunction with a police officer, state conservation officer, or other official designated by the City of 1 • Brooklyn Center; 2. All hunt participants must successfully complete an approved Bow hunter Education Class; 3. All hunt participants must attend a hunter orientation class provided by the City or the approved hunting organization(s) identified by the City; 4. All hunters must review and sign a liability release for any risk or injury they incur as a result of hunting in a city park; 5. Hunters will be provided parking permits which must be visible from the outside of their vehicles at all times while hunting; 6. All hunters will be assigned a permit in order to participate in the hunt; 7. Police personnel will be utilized as needed to insure a safe hunt and assist with any law enforcement issues. A briefing will be scheduled with the police department to facilitate their role in the hunt activities; 8. All participants must attend proficiency training and pass the proficiency test provided by the MBRB, Urban Management, or other approved organization; 9. Participants will be selected through the approved hunting organization's application and selection process for metro hunts; 10. The City will post the huntable areas of the parks with signs and/or flagging so that hunters can easily identify hunt boundaries; 11. The City will notify park users via signs at all designated entry points into the park the times for which the • park will be closed for these hunts; 12. The City will also notify adjacent landowners via a letter and general news release regarding the times for which the park will be closed and the details of the hunts that are planned in that park; 13. In public parks with wide spread recreational use (Palmer Lake Park), the hunt guidelines will be as follows: • Both weekends and weekdays will be utilized. The park will be closed to the public between the hours of 5:30 am and 12:00 pm. • Deer removal will be between 10:00 and 11:00 am • The number of hunts will be determined by the number of deer targeted for removal during the season 14. No screw in tree steps or permanent stands will be allowed; 15. No open fires or alcoholic beverages will be allowed within the park boundaries during the hunt hours; 16. No animals, other than deer, may be hunted or shot; 17. No unauthorized vehicles shall be used to transport tagged deer from hunt sites to the parking area; 18. All shots must be taken within 25 yards of the hunter; 19. All entrails must be removed from the trail and properly disposed of, 20. All hunters must follow any directions issued by City Staff found to be necessary to implement a safe and effective hunt; 21. The City will designate a hunter check- in/check -out station/location /process and a coordinator for each • special hunt on public land. Hunters must physically present their harvested deer at this location to allow 2 • for the collection of biological data; 22. First deer taken must be antlerless ( antlerless is defined by the state as those deer without an antler greater than three inches long for hunts conducted on public land, except for those participants who are certified to be disabled by the approved hunting organization; 23. Hunters will not be allowed in any park between the hours of 10:00 pm and 5:00 am on any day; 24. Hunting stands must be put up and removed the same day during the hunting periods. A hunter may leave no stands, equipment, or other items on park property between hunting periods; 25. Harvested deer must be concealed in vehicle /trailer during transportation from the hunt location; 26. The number of hunters per site for parks that may be included in future special hunts would be determined by the police department and the organization; 27. In addition to the above requirements, all participants must comply with all laws and regulation of the State of Minnesota governing hunting in general; 28. Any violation of hunt guidelines will result in the immediate revocation of a hunter's permit. • These provisions and the hunt locations will be reviewed annually and modified as needed to improve the effectiveness, safety and efficiency of the program. It was noted that during the hunting season, the deer belongs to the hunter, and any time a deer is taken down after the hunting season, it belongs to the State of Minnesota. • John Moriarity from the Ramsey County Parks has been recommended to speak at a future meeting. NEXT WEEK AGENDA: Larry Gillette from the Three Rivers Park District has been invited to speak. MEETING ADJOURNED Respectfully submitted, Denise Hanson City of Brooklyn Center Public Works Department G:\Depts\Public Works \Central Garage\Deer Mgmt\Deer Management 9 -18 -03 • 3 . City of Brooklyn Center Deer Management Task Force Recommended Archery Hunt Guidelines for Public Property (Adopted 9/24/03 by Brooklyn Center Task Force) 1. Retrieval of deer that cross onto property other than that which permission was granted, must be completed in conjunction with a police officer, state conservation officer, or other official designated by the City of Brooklyn Center; 2. All hunt participants must successfully complete an approved Bow hunter Education Class; 3. All hunt participants must attend a hunter orientation class provided by the City or the approved hunting organization(s) identified by the City; 4. All hunters must review and sign a liability release for any risk or injury they incur as a result of hunting in a city park; 5. Hunters will be provided parking permits which must be visible from the outside of their vehicles at all times while hunting; 6. All hunters will be assigned a permit in order to participate in the hunt; 7. Police personnel will be utilized as needed to insure a safe hunt and assist with any law enforcement issues. A briefing will be scheduled with the police department to facilitate their role in the hunt activities; 8. All participants must attend proficiency training and pass the proficiency test provided by the MBRB, • Urban Management, or other approved organization; 9. Participants will be selected through the approved hunting organization's application and selection process for metro hunts; 10. The City will post the huntable areas of the parks with signs and/or flagging so that hunters can easily identify hunt boundaries; 11. The City will notify park users via signs at all designated entry points into the park the times for which the park will be closed for these hunts; 12. The City will also notify adjacent landowners via a letter and general news release regarding the times for which the park will be closed and the details of the hunts that are planned in that park; 13. In public parks with wide spread recreational use (Palmer Lake Park), the hunt guidelines will be as follows: • Both weekends and weekdays will be utilized. The park will be closed to the public between the hours of 5:30 am and 12:00 pm. • Deer removal will be between 10:00 and 11:00 am • The number of hunts will be determined by the number of deer targeted for removal during the season 14. No screw in tree steps or permanent stands will be allowed; 15. No open fires or alcoholic beverages will be allowed within the park boundaries during the hunt hours; 16. No animals, other than deer, may be hunted or shot; • 17. No unauthorized vehicles shall be used to transport tagged deer from hunt sites to the parking area; 4 • 18. All shots must be taken within 25 yards of the hunter; 19. All entrails must be removed from the trail and properly disposed of, 20. All hunters must follow any directions issued by City Staff found to be necessary to implement a safe and effective hunt; 21. The City will designate a hunter check - in/check -out station/location /process and a coordinator for each special hunt on public land. Hunters must physically present their harvested deer at this location to allow for the collection of biological data; 22. Hunters will not be allowed in any park between the hours of 10:00 pm and 5:00 am on any day; 23. Hunting stands must be put up and removed the same day during the hunting periods. A hunter may leave no stands, equipment, or other items on park property between hunting periods; 24. Harvested deer must be concealed in vehicle /trailer during transportation from the hunt location; 25. The number of hunters per site for parks that may be included in future special hunts would be determined by the police department and the organization; 26. In addition to the above requirements, all participants must comply with all laws and regulation of the State of Minnesota governing hunting in general; 27. Any violation of hunt guidelines will result in the immediate revocation of a hunter's permit. These provisions and the hunt locations will be reviewed annually and modified as needed to improve the • effectiveness, safety and efficiency of the program. • 5 • CITY OF BROOKLYN CENTER DEER MANAGEMENT TASK FORCE MEETING MINUTES SEPTEMBER 24, 2003 6:30 P.M. CITY HALL CALL TO ORDER: Curt Boganey, Ass't. City Manager COMMITTEE PRESENT: Curt Boganey, Dave Peterson, Kevin Benner, Bryan Lueth DNR, Jeff Gelhar, Russ Terwey, Vic Henry, Janice Baertschy, George Olzenak, Art Lenius, Tom Quist, and Lee Folstad. Also present was Kay Lasman, B.C. City Council Member. GUEST SPEAKER: Larry Gillette, Three Rivers Park District ADVISEMENT GUEST: Todd Kanieski, Conservation Officer, Minnesota Department of Natural Resources The fifth Deer Management Task Force meeting was held at City Hall with 15 people in attendance. Minutes were reviewed and corrected from past meetings. Will review minutes again at the next meeting. Larry Gillette presented his comments after inspecting the Palmer Lake area Friday, Sept. 19 with Curt Boganey and Dave Peterson. He noted the following: • He has helped conduct hunts since 1978 using shotguns, bows, and rifles with the DNR and Hennepin County. He has not worked with Brooklyn Center or Brooklyn Park as of yet; • The Palmer Lake area looks like a hard area to hunt; • Fall and winter counts will vary greatly in the Palmer Lake Basin. The deer count during the winter season • of 2002 was reported at approximately 80 deer, while there are probably less than 25 -30 in there at present; • It is an over - browsed area, can't support many deer year round; • In a typical average winter two years ago, the deer count was 39. The more severe a winter the more the deer will concentrate in a cattail swamp from other areas. Palmer Basin appears to be a safe haven for the winter months. • For a successful hunt, Brooklyn Park needs to participate as well. • City agencies have to support the hunters and not over -react to a very few citizen's unfounded fears (i.e., children getting hit); • Best hunting is during the first 2 -3 days. After 3 -6 days, the deer know they are being hunted. A break in the season is needed. During some past hunts, all the deer left after 3 days; • Ground blind shooting was discussed. Larry felt there's no danger in doing this with experienced hunters. Other parks in the metro area are doing this now without problems; • Protesters in the past were discussed. There have been so significant problems in recent years, and metro area hunts are not seeing it as a problem lately; • Palmer Lake Basin is a congregating area for winter months. Brooklyn Park should participate for this reason; • Shooting over bait will not be allowed during regular hunting season, September through December 31 • per DNR; • More rules were discussed: comments made on 25 yard shots, feeding after January 1 using Bloomington 1 feeding corn as example; • • More examples of bow hunts in similar terrain. • 2" d and 3` year hunts by same hunters will be more productive than 1' year; • Hennepin County only joins cities in the parks if the city is interested. The County does no hunting on their own, otherwise deer move out of the area and back in when the hunt is over. This is true in big parks for example, Medina, Carver County, Minnestrista; • Surrounding landowners can support the hunt by allowing to shoot near property line or yard; • Sgt. Benner B.C. Police Dept. asked about safety and notices: • Pre - published letters do not sway the few "animal lovers" that will cause 90% of the trouble. They can even be non - residents. • There have been no instances of hunters hurt during hunts yet. • Seriously wounded deer seek heavy cover = not in people's yards. This concluded Larry Gillette's presentation. The Task Force then reviewed the 28 recommended guidelines discussed at the 9118 meeting. Minor changes were made, and #22 was removed. Hunt start times and deer retrieval were discussed again. No Changes. The updated list is attached. • The Brooklyn Center Task Force then reviewed the Requirements for Organizations Wishing to Y q g g Implement Public Archery Hunts, and the following was agreed upon: • A group or organization that is interested in managing the implementation of an archery hunt on public property as part of the Brooklyn Center Deer Management Program must demonstrate to the City that it meets the following criteria: 1. Must be registered as non - profit organization. 2. May not discriminate on the basis of race, color, national origin, sex, religion, age or disability in the admission or access to membership and the related activities. 3. Have access to or arrangements with archery range(s) for the purpose of providing proficiency testing to interested group participants. 4. Provide shooting proficiency certificates or other tracking mechanism to those who successfully complete the proficiency test. 5. Require proof from hunter applicants of completion of a bowhunter education course. The course must be recognized by the International Hunter Education Association. 6. Provide orientation meeting for each hunt location in coordination with City staff to review special hunt provisions and site information. 7. Provide an application form for potential hunters that includes name, address, phone number, • bowhunter education certification, years of bowhunting experience, an ethics pledge and agreement 2 statement to comply with all special provisions of the hunt. • 8. Provide a hunt coordinator for each hunt to check hunters or alternates and to ensure compliance with hunt provisions. May also collect hunter surveys and/or issue city permits, if provided by the City. 9. Provide City with summary of hunt results within 60 days of hunt completion. Results will include the number of deer removed by participants by date, number of shots taken, number of deer wounded and not retrieved, documentation of any incidents with non - hunters or landowners, gender and age of deer, if intensive harvest permits were used and any other information requested by the City. 10. The management group would be responsible for ensuring that all hunt participants meet the minimum requirements outlined by the City Public Hunt Guidelines. 11. Starting in 2004, groups must notify the City by June 1 of interest to implement a management hunt on public land and provide verification that they can and will meet all of the above requirements. It was noted that City Council ordinances take 60 days to go into effect, so the hunt could possibly take place in January of 2004. Ordinance rules were discussed. NEXT MEETING AGENDA: OCTOBER 2nd 2003 6:30P.M. #1. Read education document for the next meeting and come prepared to wrap the education component up. #2. A plan to monitor progress and a follow up plan for the next Four Years will be reviewed. Rules, Dates of • Hunts, Task Force Members, etc. #3. John Moriarity from the Ramsey County Parks has been invited to speak. MEETING ADJOURNED 8:10 P.M. Respectfully submitted, Dave Peterson, Deputy Director of Public Works City of Brooklyn Center Public Works Department G:\Depts\Public Works \Central Garage\Deer Mgmt\Deer Management 9 -24 -03 • 3 • CITY OF BROOKLYN CENTER DEER MANAGEMENT TASK FORCE MEETING MINUTES OCTOBER 2, 2003 6:30 P.M. CITY HALL CALL TO ORDER: Curt Boganey, Ass't. City Manager COMMITTEE PRESENT: Curt Boganey, Dave Peterson, Kevin Benner, Bryan Lueth DNR, Jeff Gelhar, Russ Terwey, Vic Henry, Janice Baertschy, George Olzenak, Art Lenius, Tom Quist, Tim Peterson, and Lee Folstad from Brooklyn Park Police. GUEST SPEAKER: John Moriarty, Ramsey County, Natural Resources Manager The sixth Deer Management Task Force meeting was held at City Hall with 13 people in attendance, along with one guest speaker. John Moriarty gave us his perspective on bow hunting. John said the Brooklyn Center Recommended Guidelines looked good and that we were on the right track. Each city looks at options and chooses what would work best for them. Below is a review of what John Moriarty talked about. ❖ Ramsey County only approaches with archery, no shotguns. The areas hunted are usually not that big. ❖ Let archers get in trees. The park is not closed but a notice is posted that a hunt is taking place. • There are some people that still walk the trails during the hunt. ❖ Used Metro Bow Hunters Resource Base (MBRB), Urban Pine Tree Archers in NE Ramsey and Washington County. ❖ MBRB selects archers, set up orientation, and dates of hunt. ❖ Past hunts, archers have lost some deer. Have to submit report from the hunt on what you get and what you lose, and if doe or buck. ❖ On recent hunts each hunter is schedule w t a d 2 weekends. Firs 2 days are for anterless. The last week is either or. Last year got 70 deer, and less than 15 bucks were taken. ❖ The MBRB have about 500 applications for bow hunting. Many cities use these people. ❖ Car/Deer accidents took over 500 deer in Ramsey County. ❖ The more cities hunters can get into around Brooklyn Center and Brooklyn Park, the better chances at the deer. It doesn't take the deer very long to figure the hunting out. They run elsewhere. The more cities involved and your community work together the better your program is. ❖ Use Public Safety to manage your park safety. • i ❖ Hunters hunt all day, % hour before sun up to % hour before sun down. Best time to hunt is • during the week. Like to schedule the hunt for Monday, Tuesday, and Wednesday when the park is not as busy. ❖ Questions: Should Brooklyn Park be involved before we start? Yes, Brooklyn Park should participate for a successful hunt. The deer will shift once the hunt starts. ❖ Brooklyn Center and Brooklyn Park have an ordinance on feeding the deer. You can see people illegally who are feeding the deer in the winter from the air. The corn sits on top of the snow. Thanked Mr. Moriarty for coming to our meeting. Back to the agenda — Discussion of Educational Component. In February 2003 Hennepin Park and Brooklyn Park conducted info on number of deer from an aerial survey. Brooklyn Center did not participate. Hennepin Parks did a Palmer Lake flyover and it was noted that 39 deer were counted in the area. Our next step as a committee is to form a proposal for the Council. There will be no meeting next Thursday. Curt Boganey will draw up a draft proposal and mail out to committee members to review. Talked to City Attorney on preparing an ordinance on feeding the deer to present to the Council. • Compile educational information used by different cities on deer management. Go through the list and prioritize a plan on what the city should do to educate the public on the deer management process. Want to educate the public on what they can do to help control deer population. Brooklyn Park made a brochure on Deer Management which you can view on their website or call for a copy. Some suggestions that we need to include: • Write up an article in the Sun Post. • Publish FINAL Report. Put on the web and as a handout. (Need to be upfront with the public on all issues.) • Maybe have a local resident tell about the deer problem they are having in their area. The more stories from residents the better its perceived. • Tell the public Brooklyn Center has a deer problem and that a task force was formed to come up with options. • Collision reports that are reported. Keep in mind some are not reported. • No feeding deer ordinance. Review Brooklyn Center Ordinance. • Non - lethal method was questioned as to whether we should mention to the public. You will • get one or two people who will bring it up to the Council on fertility control, or trap and relocate (no place to take the deer really). We need to present all techniques looked at to the 2 • public so that they know you looked at all methods. Example: A resident reads an article in the paper that says `Do Not Feed the Deer in Brooklyn Center'. That resident will call the City and say its not fair, they like the deer. Our proposal to the Council needs to represent all the citizens of Brooklyn Center not just the citizens where there is a deer problem. The City Council needs a sense of what the community feels. Citizens need to look at the whole issue then look at the recommendation to feel comfortable. INCLUDE IN REPORT: Mention deer move from area to area; Deer travel across the city; Need to monitor yearly to keep the program going; Is bow hunting the most effective way. 1) Annual aerial count of deer. 2) Annual budget to be established. 3) Record car accidents annually. 4) Record citizens calls and complaints. 5) Get other communities to coordinate with us. 6) Review program effectiveness, meaning are we using the right approach to get rid of the deer. 7) Browse survey in future. Administer a report to the City Council on an annual basis. 8) Staff should be responsible to monitor. • First draft of Brooklyn Center's proposal will be sent out shortly. NEXT MEETING: Thursday, October 16, 2003 Respectfully submitted, Jenny Whiting City of Brooklyn Center Public Works Department G:\Depts\Public Works \Central Garage\Deer Mgmt\Meeting Minutes 10 -02 -03 • 3 • CITY OF BROOKLYN CENTER DEER MANAGEMENT TASK FORCE MEETING MINUTES OCTOBER 16, 2003, 6:30 P.M. CITY HALL CALL TO ORDER: Curt Boganey, Ass'st City Mgr/Dir. Of Operations COMMITTEE PRESENT: Curt Boganey, Kevin Benner, Bryan Lueth DNR, Jeff Gelhar, Vic Henry, George Olzenak, Tom Quist, Tim Peterson, Bob Gross, and Lee Folstad from Brooklyn park Police. The seventh Deer Management Task Force meeting was held at City Hall with 10 people in attendance. Tonight the main objective is to review the `Report of the 2003 Deer Population Management Task Force' draft proposal sent out earlier to committee members and some citizens who have an interest in this for review. After everyone's input and agreement on changes, a final report and recommendations will be made and given to the City Council. Listed below are changes to be made on the draft proposal agreed upon from the task force committee. • Page 3 — okay. • Page 4 — Third paragraph, last sentence should read: Starvation and disease have yet had little effect on the deer population. • Do not use the word `kill', use the word `harvesting' throughout the report. • Page 5 — Third paragraph should read: The plan consists of an education program, and the harvesting of deer by bow hunting during regular season and, if necessary, over -bait under special DNR Permit. • Page 5 — Fifth paragraph, first sentence should read: For deer management purposes, the most commonly accepted density number of deer an urban setting can sustain is 20 to 25 per square mile of habitat. Based on recommendations from the DNR and review of management plans from other communities we recommend a maximum target of 20 deer in each of the three Deer Management • Areas, established by the task force. • • Page 6 — Fourth paragraph, third sentence should read: The City will strongly encourage use of non - lethal methods to address deer damage numbers but recognize that harvesting deer will be necessary to maintain the population goal. o Committee recommends an annual aerial survey. There are cheaper methods out there such as the spotlight, however the committee would like to stay consistent and budget the money for the aerial. • Page 7 — The first paragraph use the years 2003 -2004. Number 3, second sentence should read: The Task Force concludes that both Urban Deer Management and Metro Bow Hunter Resource Base, our voluntary bow hunters, represent the type of quality bow hunting organizations available for use by the City in this endeavor. • Page 9 — Number 9, should read: Provide City with summary of hunt results within 60 days of hunt completion. Results will include the number of deer removed by participants by date, number of shots taken, number of deer wounded and not retrieved, gender and age of deer, documentation of any incidents with • non - hunters or landowners, and any other information requested by the City. • Page 9 — Number 11, should read: Starting in 2004, bow hunter groups must notify the City........ . • Page 10 — Number 1, capitalize titles: Police Officer, State Conservation Officer. • Page 10, — Number 12, add in first sentence: within 1 /4 mile radius, take out the word adjacent. • Page 10 — Number 13, second paragraph should read: Both weekends and weekdays may be utilized. The park will be closed to the public between the hours of 5:30 a.m. and 12:00 p.m. on days of the hunt. • Page 11 — Number 19, should read: There will be no entrails left on walking trails. Entrails must be properly disposed of. o More specifically we want bow hunters to get their deer cleared out between 10:00 and 11:00 so the trail can be opened at noon. If the bow hunter's deer is still in the park, the coordinator and city person will make a judgment at that time. • • • Page 12 — last paragraph on the page take out the wording: the degree of harassment by activists and others during shoots. • Page 13 — add in data. • Page 14 — No change. The committee discussed the budget. A line item may be added in the future if decide to use bait. Then we would need the cost of that. • Attach a map to this report. Check with organization on what kind of map they would like to have. A unanimous agreement from the task force approved the report with the above changes. A corrected copy will be sent out. If Curt Boganey does not hear from anyone on any more corrections in the report, the report will be submitted to the Council. Curt will let us know the date the report will be presented to the Council. At that Council meeting all task force members should be there, if they can, to help answer any questions. Meeting adjourned. • No other meeting scheduled at this time. Respectfully submitted, Jenny Whiting City of Brooklyn Center Public Works Department i i G:\Depts\Public Works \Central Garage\Deer Mgmt\Meeting Minutes 10- 16- 03.doc • Member introduced the following resolution and moved its adoption: RESOLUTION NO RESOLUTION ADOPTING LONG -TERM DEER POPULATION MANAGEMENT PLAN WHEREAS, the City of Brooklyn Center is an urban community with very little appropriate habitat for deer; and WHEREAS, high deer populations continue to pose a risk to human safety due to auto -deer accidents, cause destruction of landscaping and yard plantings, and further disrupt the already altered ecosystem of the City; and WHEREAS, the density of deer in Brooklyn Center far exceeds the recommended norm of twenty deer per square mile of habitat area; and WHEREAS, natural habitat for deer in Brooklyn Center and in surrounding areas is being continuously reduced; and WHEREAS, the City Council's goal is to create an acceptable environmental balance that will facilitate the peaceful co- existence of citizens and wildlife; and • WHEREAS, the City Council has solicited and received recommendations from a citizens task force established to assess current conditions and provided recommendations to the City regarding a Long -Term Deer Management Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that it does hereby adopt the proposed Long -Term Deer Population Management Plan. 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. LONG -TERM DEER POPULATION MANAGEMENT PLAN • 1. The City f Brooklyn y o yn Center will develop an educational program that will provide residents with information on deer habits and guidelines for limiting localized deer damage through the use of screening, alternative plantings, and other techniques. Educational materials will be distributed through a variety of methods including public informational meetings, pamphlets, City Web Site, newspaper articles, and City Newsletter. 2. In order to prevent irreparable damage to the ecosystems in Brooklyn Center and to prevent significant injury or damage to persons or property, the City Council hereby sets the maximum deer population density to twenty (20) per square mile per City - designated management district. Actual numbers are to be collected via aerial count. 3. It is understood the adoption of this plan is consistent with the Minnesota DNR URBAN DEER POPULATION CONTROL POLICIES AND PROCEDURES dated April 10,2002, (exhibit attached) governing the conduct of deer population removal outside the normal hunting season. 4. The City will utilize bow hunters to reduce the number of deer in each management district to the goal of 15 -20 deer per square mile. By the end of five years, the initial reduction period, it is projected that the deer population will be to • a level that requires maintenance rather than aggressive reduction. The City will strongly encourage use of non - lethal methods to address deer damage but recognizes that harvesting of deer will be necessary to maintain the population goal. 5. Each Spring the City Manager or City Manager's designee will review educational material, deer population numbers (current and projected) per an annual aerial survey, browse survey if appropriate, deer population management options, and recommend methods and deer harvest targets for the upcoming season. 6. The City Manager's recommendations must be approved by the City Council following public hearing prior to initiation of City management plans. Annual plans approved by the Council will be forwarded to the Department of Natural Resources. • • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING 2003 -2004 DEER MANAGEMENT IMPLEMENTATION PLAN WHEREAS, the City of Brooklyn Center is an urban community with very little appropriate habitat for deer; and WHEREAS, high deer populations continue to pose a risk to human safety due to auto -deer accidents, cause destruction of landscaping and yard plantings, and further disrupt the already altered ecosystem of the City; and WHEREAS, the density of deer in Brooklyn Center far exceeds the recommended norm of twenty deer per square mile of habitat area; and WHEREAS, natural habitat for deer in Brooklyn Center and in surrounding areas is being continuously reduced; and WHEREAS, the City Councils goal is to create an acceptable environmental balance that will facilitate the peaceful co- existence of citizens and wildlife; and • WHEREAS, the City Council has solicited and received recommendations from a citizens task force established to assess current conditions and provided recommendations to the City regarding a Long -Term Deer Management Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center does hereby adopt the proposed 2003 -2004 Deer Management Implementation Plan. 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. • 2003 -2004 DEER MANAGEMENT IMPLEMENTATION PLAN It is the recommendation of the 2003 Brooklyn Center Deer Task Force that the City Council of Brooklyn Center resolve that the City Manager is authorized and directed to implement the Long -Term Deer Population Management Plan including the following elements in 2003 -2004: 1. The City will continue to assemble resources that provide residents with information on deer and offer guidelines for limiting localized deer damage through the use of repellents, screening, alternative plantings, and other techniques. Educational materials will be available at City Hall, the Public Library, on Channel 12, on the City Web Site (www.cityofbrooklyncenter.org), and City Newsletter. 2. The City will actively work with the DNR to fully understand and support their efforts to control the deer population for which the DNR is responsible and which affects the health, safety, and welfare of Brooklyn Center residents. 3. In accordance with the guidelines of this report, the City Manager will organize and implement a deer population reduction program in the Palmer Lake Park using bow hunters during the winter of 2003 -2004. The Task Force concludes that both Urban Deer Management and Metro Bowhunter Resource Base are voluntary bow hunters, and represent the type of quality bow hunting • organizations available for use by the City in this endeavor. Each of these organizations should be given consideration by the City for this purpose. 4. The City will make a concerted effort to encourage our neighboring municipalities of Brooklyn Park, Crystal, and Fridley to support the Brooklyn Center efforts to control the deer population. The Task Force recognizes the Brooklyn Center deer herd migrates through out the region and population control success will be limited without support from surrounding jurisdictions. 5. The City will continue to compile data for deer management, including but not limited to information about vehicle -deer accidents, citizen comments, browse surveys, and an aerial deer count. 6. The City Manager will evaluate the effectiveness of this Deer Management Plan during the summer of 2004. A report with the findings of this evaluation will be filed with the City Council following this review. Approved by the Deer Task Force on October 16, 2003. Approved by the Brooklyn Center City Council on • I � City Council Agenda Item No. lOg Member introduced the following resolution and moved its adoption: RESOLUTION NO. • RESOLUTION ADOPTING CITY COUNCIL GOALS FOR 2004 WHEREAS, the City Council met in a facilitated workshop to discuss goals and objectives for ' 2004; and WHEREAS, the goals set forth in this resolution are the results of the discussions amongst the Council in the course of the facilitated workshop. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the following goals be and hereby are adopted as the official goals of the City Council directing the leadership priorities for City government. Goals are not in any order of priority. Goal 1: Promote the Inclusion of All Residents in Brooklyn Center's Community Life By: ➢ emphasizing opportunities to include all residents in the community's activities and plans ➢ initiating additional opportunities for the public to provide input to Council Members through the Website and City Watch ➢ scheduling four remote Council meetings annually at different locations throughout the City. • Goal 2: Continue and Improve Code Enforcement and Compliance Activities By: ➢ increased effort and focus on high - density areas, while continuing neighborhood enforcement ➢ developing a profile of code violations as a means to increasing code compliance. Goal 3: Enhance Crime Prevention Efforts By: ➢ continuing high visibility of police in neighborhoods and apartment complexes Neighborhood Watch Programs ➢ including public safety information in all City Newsletters ➢ developing a compilation of, and trend information on, crime incidents experienced throughout the City ➢ increase number of Neighborhood Watch Programs throughout the City ➢ enforcement of noise ordinances; barking dogs, and other noise generating nuisances. Goal 4: Continue and Implement Long -Term Financial Planning Within the Constraints Imposed by State Legislature By: ➢ continued five-year planning for utilities and capital improvements Y p g p p ➢ reviewing and developing contingency planning ➢ continuing to evaluate the City's financial priorities. • RESOLUTION NO. Goal 5: Sustain the Street Improvements Projects Plans By: ➢ advocating for Hennepin County's completion of Brooklyn Boulevard South of 65th ➢ advocating for Brooklyn Park's completion of 73 Avenue in the Year 2004 ➢ designing and building an annual neighborhood street project ➢ developing sustainable funding for yearly street projects ➢ developing a new Five Year Street Replacement Plan. Goal 6: Continuing Traffic Enforcement Efforts and Expand Information Available to the Public By: ➢ continuing enforcement efforts through multiple resources ➢ continuing and expanding information to the public on traffic safety and calming efforts ➢ enforcement of noise ordinances as they relate to noise originating from vehicles and vehicular use. Goal 7: Utilize Recommendations Developed in the Opportunity Site Process to Adopt a Vision and Plan for Brooklyn Center's Central Business District By: ➢ additional public input on directions and priorities for development and redevelopment of the Central Business District ➢ establishing specific development priorities for the next five -ten years ➢ create a framework for modifying and updating the Comprehensive Plan consistent with the results of public input and planning processes ➢ developing a plan for closing out T1F District No. 3. 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. N 1 1 A 211 0 COMPANY CITY OF BROOKLYN CENTER, MINNESOTA CITY COUNCIL LEADERSHIP WORKSHOP Conducted on August 23, 2003 SUMMARY OF KEY OBSERVATIONS AND CONCLUSIONS MADE BY THE PARTICIPANTS Submitted by Carl H. Neu, Jr. August 26, 2003 • ©Neu and Company and the Center for the Future of Local Governance', 2003 • CITY OF BROOKLYN CENTER, MINNESOTA CITY COUNCIL LEADERSHIP WORKSHOP Conducted on August 23, 2003 SUMMARY OF KEY OBSERVATIONS AND CONCLUSIONS MADE BY THE PARTICIPANTS Submitted by Carl H. Neu, Jr. August 26, 2003 I. INTRODUCTION • On August 23, 2003, the Mayor, City Council members, City Manager, and Assistant City Manager of Brooklyn Center conducted a City Council Leadership Workshop. A copy of the objectives and agenda for this workshop is included in this report as Appendix A. II. KEY OBSERVATIONS AND CONCLUSIONS MADE BY THE PARTICIPANTS. A. Discussion of Issues Identified by Members of Council in the Pre- Workshop Questionnaire. In preparation for the workshop, the five council members were asked to complete a Pre - Workshop Questionnaire. A summary of the information obtained from the five respondents was presented to each of the participants for review and discussion. 1. Key issues /themes identified by the participants from the survey feedback information. The following items were identified by the participants as key issues or themes that seemed to run through the comments made by the respondents to the Pre - Workshop Survey: • 2 • • Budget considerations • Working well together and cooperatively as a council • Productive use of time • Necessity for a strong vision for the future of Brooklyn Center • Purpose of council • Effective use of council meetings. 2. Council meetings. Items frustrating council members about council meetings. Listed below are several items identified by the council members as points of frustration experienced with the various types of meeting council uses to conduct its business: • Apparent redundancy • Purpose of the meetings unclear • Keeping the meetings and topics under discussion on track • Trying to identify where it is appropriate to bring up new ideas • and miscellaneous items • Keeping meetings on focus. 3. Purpose of meetings. a. Regular council sessions. The purpose of the regular council sessions was three -fold: • To conduct official business of the council • To take public input as appropriate and required • Vote on ordinances and resolutions. b. Work sessions. Work sessions, typically conducted on the first or third Monday of the month, are designed to do the following: • Provide an opportunity for council and staff to sort out options, identify the consequences associated with each 3 option, and to be fully informed about matters pertinent to each option • Prepare positions to be taken forward for further discussion and official action at regularly scheduled public meetings • Provide an opportunity for council members to be better prepared and informed about items coming before the council at its regularly- scheduled public hearings • Provide an opportunity for council to give direction to staff • Ensure clarification of issues and information presented to council • Provide an opportunity for staff to bring information and possible approaches to council for consideration. C. Study Sessions Study sessions usually are short meetings conducted on the second and fourth Mondays of each month just prior to open public forums and regularly- scheduled public hearing meetings. The purpose of study sessions is: • Sharing of information before regular council meetings, pertaining to issues on the agenda for the meeting • Eliminate redundancy during the public meeting debate and keep the issue on focus because information is provided to council members about agenda items • Provide an opportunity for: • Council members to bring new information or obtain on minor items of interest to council • Ensuring that information provided to council members has been shared amongst all council members, especially if the information pertains to an item on the agenda. • • Provide an opportunity for staff to seek "minor direction" from council on other items of importance to the council. 4 • 4. Recommendations pertaining to future scheduling of meetings. The participants recommended the following: a. Continue with the practice of having a study session prior to each regular council meeting. b. Schedule a short work session to be conducted after each regular council meeting to: • Provide an opportunity for council members to bring up new ideas and issues for future consideration by council • To provide a work session consistent with the purpose for these sessions as identified above. In the event that a more extensive work session is required, it will be scheduled on an as- needed basis. 5. Establishing meeting schedules for 2004. • The city manager recommended, and council members concurred, that as he frames the council's calendar for 2004, it will be decided how work sessions will be scheduled in the future. C. Goals for Calendar Year 2004. 1. Critical factors to be taken into consideration when establishing goals for Calendar Year 2004. Council members identified the following critical factors that need to be considered when establishing goals for calendar year 2004: • Uncertainty of revenue availability • Wage issues • The squeezing of the city's capacity to do all that it and the council desire • Resetting or refraining both the city staff s and the citizens' expectations about what the city can do realistically given its revenue and human resource constraints. • 5 • Preserving a commitment by the city and its staff to do what they are able to do WELL. 2. Proposed goals for Calendar Year 2004. 2004 City Council Goals The City Council has identified the following proposed goals for calendar year 2004. Goals are not in any order of priority. Goal 1: Promote the Inclusion of all Residents in Brooklyn Center's Community Life By: ➢ emphasizing opportunities to include all residents in the community's activities and plans ➢ initiating additional. opportunities for the public to provide input to council members through the website and City Watts ➢ scheduling four remote council meetings annually at different locations throughout the City. Goal 2: Continue and Improve Code Enforcement and Compliance Activities By: ➢ increased effort and focus on high - density areas, while continuing neighborhood enforcement • ➢ developing a profile of code violations as a means to increasing code compliance. Goal 3: Enhance Crime Prevention Efforts By: ➢ continuing high visibility of police in neighborhoods and apartment complexes Neighborhood Watch Programs ➢ including public safety information in all City newsletters ➢ developing a compilation of, and trend information on, crime incidents experienced throughout the City ➢ increase number of Neighborhood Watch Programs throughout the City. Goal 4: Continue and Implement Long -Term Financial Planning Within the Constraints Imposed by State Legislature By: ➢ continued five -year planning for utilities and capital improvements ➢ reviewing and developing contingency planning ➢ continuing to evaluate the City's financial priorities. Goal 5: Sustain the Street Improvements Projects Plans By: ➢ advocating for Hennepin County's completion of Brooklyn Boulevard South of 65 ➢ advocating for Brooklyn Park's completion of 73 Avenue in the year 2004 • ➢ designing and building an annual neighborhood street project 6 • ➢ developing sustainable funding for yearly street projects ➢ developing a new Five Year Street Replacement Plan. Goal 6: Support Phase III of Joslyn Site Development By: ➢ working with the developer to complete Phase III. Goal 7: Continuing Traffic Enforcement Efforts and Expand Information Available to the Public By: ➢ continuing enforcement efforts through multiple resources ➢ continuing and expanding information to the public on traffic safety and calming efforts ➢ enforcement of noise ordinances as they relate to noise originating from vehicles and vehicular use. Goal 8: Utilize Recommendations Developed in the Opportunity Site Process to Adopt a Vision and Plan for Brooklyn Center's Central Business District By: ➢ additional public input on directions and priorities for development and redevelopment of the Central Business District ➢ establishing specific development priorities for the next five -ten years • ➢ create a framework for modifying and updating the Comprehensive Plan consistent with the results of public input and planning processes ➢ developing a plan for closing out TIF District No. 3. III. RECOMMENDED FOLLOW -UP ACTIVITIES A. Reconsideration of use and scheduling of work sessions and study Sessions. The attendees decided to include a brief work session on the second and fourth Mondays after each regularly- scheduled council meeting. The council will continue to use study sessions as scheduled currently before each regularly- scheduled council meeting. More extensive work sessions will be scheduled as required. As indicated above, the city manager will propose to council a meeting schedule for the year 2004 which will identify the scheduling of regular council meetings, work sessions, and study sessions. The key recommendation is to ensure that the meeting schedule for 2004 provides appropriate opportunities for council to do its work and that meetings are conducted in a manner consistent with their intended purpose. i 7 • B. Adoption of City Council Goals for the Year 2004. As in the past, the council should review and revise, as necessary, the wording of the proposed goals for 2004. Once council agrees upon the wording for the goals, they should be adopted by Resolution as an official council policy statement. • • 8 APPENDIX A 9 CITY COUNCIL LEADERSHIP WORKSHOP August 23, 2003 8:30 a.m. - 5:00 p.m. 1. Objectives. Upon completion of this workshop, the participants will have: a. discussed, and resolved, issues identified by the members of council in the pre- workshop questionnaire. b. evaluated action steps taken and progress made relative to the observations and recommendations made by members of council at the March 3, 2003, • City Council Leadership and Team- Building Workshop. C. identified the most significant challenges and issues council must address when setting City Council Goals for 2004. d. established Council's Goals for 2004 and made any necessary course corrections to the Council's Goals for 2003. e. identified, and established specific approaches for achieving, desired improvements in procedures, practices, and relationships designed to enhance both council's performance as a deliberativelgoveming body and the quality of the council - manager partnership. f. addressed, time permitting, other items the participants wish to discuss. 2. Agenda a. Pre - Workshop Questionnaire to be completed and sent to Carl Neu by August 8, 2003. b. August 23 8:30 a.m. Welcome and review of workshop objectives. • 10 • 8:45 a.m. Discussion of issues identified by members of council in the pre- workshop questionnaire. 10:30 a.m. Break 10:45 a.m. Review of actions taken and progress made relative to observations and recommendations from March 3, 2003, workshop. 11:30 a.m. Critical issues and challenges council must take into consideration while establishing goals for 2004. 12:00 Noon Lunch 12:45 p.m. Establishing: • Council's Goals for 2004 • Course corrections, if needed, to Council's Goals for 2003. 2:45 p.m. Break • 3:00 p.m. Summarizing specific actions council wishes to institute to improve its performance as a governing body, enhance its ability to give "one voice" direction to the city manager, increase the effectiveness of its meetings, ensure compliance with open meeting and other statutes, and maintain its focus upon council's goals and priorities. 4:30 p.m. Other topics raised by members of council. 5:00 p.m. Conclusion • 11 City Council Agenda Item No. lOh City of Brooklyn Center A Millennium Community MEMORANDUM TO: Mayor Kragness, Co , , Lasman, Niesen, and Peppe FROM: Michael J. McCaule DATE: October 23, 2003 SUBJECT: November 17, 2003, Consistent wi th the discussions between the City Council and the Financial Commission, I would request that the November 17, 2003, Work Session be scheduled for 6:30 p.m. I would also request that the Special Session set for November 17, 2003, be canceled. The situation with respect to the potential refinancing of bond issues is such that the November 17 2003 Special P P g � P Session would be unnecessary. Springsted continues to work on this issue and I will have a separate memorandum from Bob Thistle of Springsted explaining the current status and the efforts that they are taking to work on a mechanism to reduce the costs of debt service through • refinancing consistent with criteria established by the Federal and State Governments. 1 3 1 01 Shingle r 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 85 E. SEVENTH PLACE, SUITE 100 SAINT PAUL, MN 55101 -2887 / 651- 223 -3000 FAX: 651-223-3002 SPRINGSTED► Advisors to the Public Sector Z9 INTERNAL MEMORANDUM TO: Myrna Kragness Mayor Members of City Council Michael McCauley, City Manager FROM: Robert Thistle Executive Vice President DATE: 10/20/2003 SUBJECT: Refunding (refinancing) opportunities on the City's General Obligation Police and Fire Bonds, Series 1997A and Taxable General Obligation Tax Increment Bonds Series 1995A • BACKGROUND I am writing to review refunding opportunities of the above mentioned bonds. Currently in this low interest rate environment, we expect the City can achieve interest cost savings on the two above mentioned bond issues by refunding these issues in advance of their first call date, which is February 1, 2005. (A call date is the first time the bonds are allowed to be refinanced according to the bond documents.) The type of advance refunding we are recommending is called a crossover refunding. This type of refunding takes advantage of current low interest rates and borrows money in advance of the call date. The proceeds of the refunding bonds will be placed in escrow accounts with a major bank and invested in U.S. government securities. These securities and their earnings are structured to pay interest on the new bonds until the optional prepayment date (February 1, 2005) of the old issues, at which time the escrow account will crossover and prepay all the remaining principal of the old issues. The City will continue to pay the originally scheduled debt service on the two old issues until their call date of February 1, 2005. After the call date, the City will cross over and begin making debt service payments on the new bonds, taking advantage of the lower interest rates starting with the August 1, 2005 payments. This process is very similar to refinancing a home mortgage. REFINANCING TESTS OF THE TWO ISSUES UNDER REVIEW There are two tests that need to be made in order to undertake a crossover refunding. The first is the saving level. This is somewhat arbitrary but I use the rule of thumb that the savings • should be double the cost of issuance of the new bonds. In these cases both issues past this test. CORPORATE OFFICE: SAINT PAUL, MN • Visit our website at www.springsted.Com IOWA KANSAS MINNESOTA • VIRGINIA WASHINGTON, DC WISCONSIN City of Brooklyn Center, Minnesota October 20, 2003 Page 2 • The second test is the 3% test imposed by the State on Minnesota. This test requires that a crossover refunding must save at lease 3% of the refunded debt service. Both of the issues pass this test at this time. REFINANCING TESTS OF THE TWO BONDS UNDER REVIEW The 1995A GO taxable TIF Bonds ,have a remaining principal of $2,490,000 after refunding. This refinancing passes both tests. The refunding would save approximately $106,000 on a future value basis and its cost of issuance is approximately $35,000. The refunded debt service savings is 3.7% versus the required 3% The 1997B GO Police and Fire bonds have a remaining principal of $5,080,000 after refunding and would save approximately $217,000 on a future value basis. This refinancing passes both tests. The saving is five times greater that the cost of issuing the new bond, $40,000 versus $217,000 in savings. The refunded debt service savings is at 3.6% verses the required 3 %. RECOMMENDATION All bond sale analyses that are done in advance of the sale have a measure of uncertainty to them as they are prepared based upon the current market rates and sold a month later at the current market rates that prevail at that time. Markets change every day - some times up and some times down; they can change based upon events, volume of sales and sometimes for no • apparent reason. We have been in a very low interest rate environment for over a year and there is general agreement that the market on the short term will stay in the same range. Having said that, I want to point out that we do not speculate on the status of future market trends, we base our recommendations on the actual data we currently have available. We would recommend that you proceed to set a competitive sale on both issues with a set sale of November 10 and selling of December 8 Should the markets move higher by the December 8 th sale date we would recommend at that time that the Council pass what is called a parameters resolution. This resolution will allow The City Manager, mayor and Springsted to negotiate a sale with a bank or underwriter using the two tests mention above as the perimeters in determining a minimum transaction savings level. Should a sale not take place due to future market conditions, the City exposure will be limited to a Moody's rating analysis which would be approximately $5,000 as a preferred issuer. Often they will give a credit to a future bond issue if it is in the same year. I understand that the City will have a GO improvement issue in 2004. The perimeters approach provides the City maximum flexibility in getting these transactions completed to the benefit of the citizens of Brooklyn Center. • • City Council Agenda Item No. 10i �,I City of Brooklyn Center • A Millennium Community To: Mayor Kragness and cil Members Carmody, Lasman, Niesen, and Peppe From: Michael J. McCauley City Manager Date: October 23, 2003 Re: Council Retreat Mr. Neu would be available for an evening City Council retreat on the following dates: Thursday, November 6th Friday, November 7 th Or Monday, December 15 — Friday December 19 th . I would suggest a starting time of 5:30 p.m with a light meal and an estimated ending at • 10:00 P.M. Upon determination of an satisfactory date, the Council could amend the meeting schedule to provide for a City Council facilitated retreat on: Date: Time: 5:45 p.m. Location: Earle Brown Heritage Center Loft • 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 • AGENDA CITY COUNCIL WORK SESSION October 27, 2003 Immediately Following Regular City Council Meeting CITY COUNCIL CHAMBERS 1. City Council Protocols (Potential City Council Handbook amendments) a. E -mail protocol b. Agenda Item protocol 2. Miscellaneous 3. Adjourn • • City of Brooklyn Center A Millennium Community • To: Mayor Kragness and Council Members C , asman, Niesen, and Peppe From: Michael J. McCauley City Manager Date: October 24, 2003 Re: Council Protocols: Possible Additions to City Council Handbook There are two proposals for City Council discussion that may be helpful in formalizing procedures and expectations in two areas: a) City Council e -mail b) Standardization of procedure on agenda items. The e -mail proposal would provide a clear policy on the use of e -mail that would avoid any gray areas regarding whether a Council Member should e -mail another Council Member. The protocol would also provide the expectation that if the City Manager did not place an agenda request on a work session agenda or regular agenda, the Council Member would use the miscellaneous portion of a study or work session agenda to raise • the issue for City Council direction on placing the matter on the appropriate future agenda. The City Council Handbook currently specifies a format for handling public hearings that outlines when questions can be asked following staff presentation. Robert's Rules of Order has rather formal and limiting procedures that may not be appropriate for a small legislative body (which is acknowledged in Robert's Rules itself). I have placed on the Work Session Agenda a proposed protocol for your consideration and discussion that might serve a useful purpose in developing a standard format for all agenda items. This format is a modification of the format currently set forth in the City Council Handbook for public hearings. This format has an opportunity for questions before a motion is made and then an opportunity for discussion after a motion is made. The protocol would limit City Council discussion to the time after a motion is made and limit that discussion to matters germane to the actual motion. Questions, not statements of position or debate, would be in order prior to a motion. Questions could also be made during the discussion/debate period. The protocol acknowledges current City Council handbook policy and Robert's Rules of Order provisions for motions to terminate or limit debate, but expands on those provisions to indicate that such a motion is not in order until all City Council members who wish to speak on a motion have had the opportunity. 6301 Shingle Creek eek 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.cityofbrooklyizcenter.org 5 • City Council E -mail protocol In addition to the general policies regarding the use of City e -mail, the following protocol shall be observed by the City Council Members with respect to the use of e -mail and avoidance of possible open meeting law issues: 1. City Council members will not e -mail between or among themselves except for the limited purpose of: a. Notifying council members that they will not be able to attend a meeting of the City Council, a City Commission, or other meeting to which they have been invited as a City Council Member 2. City Council members may direct e -mail to the City Manager, without copy to the City Council, any requests that items be placed on an agenda or informational items that they would like to have the City Council receive. a. The City Manager will place agenda request items on the appropriate agenda upon the Council Member's request or place an item on a work session agenda to discuss with the City Council whether the Council wishes to have the item placed on an agenda. b. The City Manager will distribute general informational items received from City Council members through the weekly update or city mail. c. If the City Manager fails to place an item on either a regular or work session agenda, a Council Member may raise the issue under the miscellaneous portion of • a Study Session or Work Session. City Council members may raise requests to place an item on a future agenda during the miscellaneous portion of the study or work session agendas without having first requested their placement through the City Manager. • e Protocol for all action items on the agenda (those following the consent agenda): • 1. Mayor states y subject matter of the agenda item. 2. Mayor calls upon the City Manager to provide a staff report a. City Manager i. Reports on the agenda item 3. Mayor asks if there are any questions from the City Council a. Council asks questions i. Discussion is not in order at this p oint ii. Statements of opinion or position are not in order at this point 4. Mayor asks if there is a motion after the opportunity for City Council questions 5. Council makes and seconds motion (for purposes of discussion) 6. Mayor asks if there is any discussion on the motion: a. In order at this time are: i. Comments ii. Statements support/opposition iii. Additional questions iv. Germane motions 1. table 2. amend b. Mayor recognizes Council Members wishing to discuss i. All council members shall have an opportunity to discuss before a member shall be recognized to speak more than once • ii. Council Members shall directly address the specific motion and keep their remarks germane to that motion iii. Council may make motion to limit or terminate discussion 1. This motion shall not be in order until each Council Member shall have had an opportunity to speak on the motion. c. Mayor asks if there is further discussion ,i. If there is none 7. Mayor calls for a vote on the motion a. Mayor restates motion if requested by a Council Member 8. City Council votes on the motion Other considerations /thoughts: The Handbook does not provide for a parliamentarian. The Council may wish to consider designating the City Attorney as the parliamentarian and having the parliamentarian directed to raise a point of order in the event there is a departure from the protocols to assist the presiding officer and council in staying on track with adopted protocols or with questions related to motions and amendments. •