HomeMy WebLinkAbout2002 03-25 CCP Regular Session AGENDA
CITY COUNCIL STUDY SESSION
March 25, 2002
6:00 P.M.
West Fire Station Training Room
1. City Council discussion of agenda items and questions
2. Council Member Peppe: Humboldt Square Shopping Center
3. Council Member Nelson: Azelia extension/response to recent requests from Diane
Niesen
4. Review of Social Service funding
5. Miscellaneous
6. Adjourn
City of Brooklyn Center
A Millennium Community
To: Mayor Kragness and Council Members Lasman, Nelson, Peppe, and Ricker
From: Michael J. McCauley \
City Manager
Date: March 21, 2002
Re: Humboldt Square Shopping Center
Council Member Peppe requested that this item be placed on the study session agenda for
a report on complaints that he has received about the center. The inspection division did
look at the center on March 20"' and reported that there are no code issues. There is
debris that is appearing as snow melts that could become the subject of clean -up orders. It
is typical of this time of year that we begin to have debris issues and orders with Spring.
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 J7
Michael McCauley - Humbo Square Shopping Center Page 1
From: Rebecca Crass
To: Michael McCauley
Date: 3/20/02 3:37PM
Subject: Humboldt Square Shopping Center
Larry asked me to pass the following information on to you in writing. City inspectors checked out the
Humboldt Square Shopping Center at 69th and Humboldt today and found no building code issues. There
is, however, scattered debris on the site that is being uncovered as the snow melts, which is typical of
many sites at this time of year.
CC: Larry Martin
City of Brooklyn Center
A Millennium Community
To: Mayor Kragness and Council Members Lasman, Nelson, Peppe, and Ricker
From: Michael J. McCauley
City Manager
Date: March 21, 2002
Re: Azelia Extension: Council Member Nelson
Council Member Nelson requested that an item be included in the Study Session Agenda
as set forth in the attached e -mails from Council Member Nelson.It appears from Council
Member Nelson's e -mails that he is interested in considering a delay in the project and
revisiting the preferred alternative. The Azelia route was selected on November 27, 2000
by the City Council. MnDOT has designed a railroad bridge project consistent with that
alternative. The construction for the railroad bridge has begun.
Regarding the difference in the current cost and the 2000 estimate, it is my understanding
that increased costs of soil corrections on the NSP property and acquisition costs for right
of way from Murphy Warehouse are the major components, along with increased costs of
construction since 2000. Estimates for construction projects are based on an overview.
Final design work refines exactly what the field conditions are and final alignments.
Actual costs can only be determined when the competitive bids are received and the
project finalized. Costs can change during construction due to unforeseen conditions in
the field, in this case the amount of soil correction on the NSP land and actual acquisition
cost of right of way. Cost comparisons must be of equivalent levels of detail. That is, an
estimate of costs based on an overview can be compared to a cost estimate based on
overview. An estimate based on detailed design and field work can be compared to an
overview, but not as validly as against another detailed design and field work plan. If
detailed plans and field work were done on other options, additional costs would most
likely be determined that were unique to the conditions found in the course of such
detailed planning and field work.
It is important to note that these costs are MnDOT costs since the City would undertake
the project on MnDOT's behalf as part of the Highway 100 project. The road would
subsequently be the City's roadway and the City's responsibility.
Item 9.c on the agenda relates to a temporary traffic signal at 50"' & Highway 100. his
signal will provide improved access for the neighborhood during the project. As indicated
in Mr. Howard's memorandum, this will allow construction staging to flow. The resident
requested closure of 50"' on the east side of Highway 100 will occur.
Attached is a copy of the history of this prni ect through 2001.
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
5
TH 100 Segment 4 and France Avenue Relocation Project History
Pre 1990 Periodic review and preliminary design, right of way acquisition, and public
meetings; lack of funding prevented completion.
January 1990 Technical Advisory Committee and Citizens Advisory Committee formed
and begin meeting to prepare and review Scoping Document. J
Summer 1990 Mn/DOT holds first Open House at Robb insdale City Hall to review design
alternatives.
August 1990 BC City Council receives status report, and is dissatisfied with the
alternatives presented for the France Avenue interchange. City hires Glen
Van Wormer from SEH, Inc. to prepare additional alternates.
Fall /Winter 1990 Mn/DOT holds various public meetings.
December 1990 City Council approves France Avenue concept developed jointly by SEH
and Mn/DOT and asks that it be included in the EIS.
1991 Metropolitan Council approves Scoping Document and authorizes work to
begin on the draft Environmental Impact Statement.
1992 Mn/DOT distributes fliers to affected residents in the four cities advising of
the project status, and inviting comments. J
Fall 1992 Third round of public meetings in each of the cities to advise residents of
the design and progress.
1994 Highway 100 Council formed to lobby for project funding.
Fall 1996 Citizens Advisory Committee meetings, additional public meetings, and
staff and agency discussions regarding the draft EIS. J
December 1996 BC City Council approves final EIS.
November 1998 Final Record of Decision issued by the Federal Highway Administration.
February 1999 Mn/DOT Preliminary Design informs engineering staff that the France
Avenue design would have to be changed because of 1) the proximity of the
France /Lakebreeze intersection to the interchange, and 2) the need to raise
the railroad bridge and thus the at grade crossing by 3 -5 feet. Mn/DOT
staff suggests an alternative that would relocate France Avenue to the west
of the NSP substation and provide an intersection with Lakebreeze at about
the racquet club driveway. Engineering staff suggests a more westerly route
that would align with Azelia.
February 8, 1999 Council reviews and approves aesthetic design of bridges, lights, etc for
Segment 4.
April 1999 Mn/DOT agrees that an extension of Azelia and 50' Avenue would be a
better option. l
May 24, 1999 BC City Council approves Real Estate Recycling Planned Unit Development
and Joslyn site plan, showing the Azelia extension across the site.
September 25, 2000 Approval of Phase II of the Joslyn Site.
June 12, 2000 Council reviews draft final design, Segment 4.
July 19, 2000 Special Council meeting at Northport School, France Avenue interchange
design.
July 24, 2000 Council approves segment 4 design but reserves the right to review the
France Avenue interchange.
July 24, 2000 Council hires SEH to facilitate public meetings and review design alternates.
6.
August 29, 2000 First facilitated public meeting to gather public input on potential additional
design options.
October 11, 2000 Second facilitated public meeting to review potential design options and
gather public reaction.
November 13, 2000 Council receives SEH report on 4 design options.
November 27, 2000 Council selects the Azelia/50�' extension design option for France Avenue
Relocation.
December 11, 2000 Council approves Memorandum of Understanding with Mn/DOT regarding
construction of the France Avenue relocation design approved 11/27/00. I
February 26, 2001 Council hires SEH to design France Avenue relocation and Southwest Area
Neighborhood Street and Utility Improvement m rovement Pro'ect and Y p � appropriates
$360,000 for this.
May 29, 2001 Council establishes France Avenue
Relocation and Southwest Area projects. �
May 29, 2001 Council is updated on status of TH 100 Segment 4 and the France Avenue
relocation projects, and directs staff to investigate options for aesthetic
improvements to Azelia /50' such as decorative street lighting, fencing, and
retaining walls.
June 25, 2001 Council approves Phase III of the Joslyn site redevelopment.
Jul 23, 2001 Council approves Y pp es Segment 4 flap amendment that substitutes the Indiana
Avenue frontage road for m ..
g the 46 Avenue bnd„e.
l
August, 2001 City hires Evergreen Land Services to obtain appraisals and acquire real
August, ust, 2001 City hires Ge
g y omatrix to re are the p p Res ponse Action Plan (RAP).
October 8 2001 Council adopts as one of it 2
s 00.. goals the completion of the France
P
g
Avenue rerouting.
g
December 12, 2001 Council adopts Capital Improvement Program and MSA Fund budget for
2002 including rance Avenue relocation.
on.
December 12, 2001 Council approves resolution requesting concurrent detachment and
annexation of Indiana Avenue frontage road property.
December 12, 2001 Council authorizes acquisition of necessary real estate and authorizes
condemnation if necessary.
f Michael McCauley - Potential Support Change Alert Page 1
From: <NELSON554293346 @cs.com>
To: <thomas.okeefe @dot. state. mn.us>
Date: 3/19/02 1:40PM
Subject: Potential Support Change Alert
DATE: March 19, 2002
TO: Tom O'Keefe, MnDot, Metro Division
FROM: Ed Nelson, Councilmember, City of Brooklyn Center
RE: Potential Change in Brooklyn Center's Support for Alternative 2
At our last City Council Open Forum on March 13th, one of our residents,
representing hundreds of others who share many of her concerns, requested
that our Council reconsider the City's support for Alternative 2 (France
Avenue Disconnect / Azelia Avenue By -Pass) as the accepted access for our
residents to MN Highway 100 in the MN Highway 100, Segment 4, Reconstruction
Project. Because of these concerns and a newly revealed potentially
significant cost increase for the City, this request will now be on the
agenda for Council study on March 25th and a resolution could be adopted that
evening, or it could be moved for further study and a resolution on April
8th. Hopefully, you will also be alerted to this potential change by our
Staff.
CC: <mayorkragness @ci.brooklyn- center.mn.us >,
< councilmemberlasman @ci.brooklyn- center.mn.us >, < councilmemberpeppe @ci.brooklyn- center.mn.us >,
< councilmemberricker @ ci.brooklyn- center.mn.us >, <mmccauley @ ci.brooklyn- center.mn.us>
j Michael McCauley - Follow -Up on Op en Foru Request Page 1
From: <NELSON554293346 @cs.com>
To: < mayorkragness @ci.brooklyn- center.mn.us >,
<councilmemberlasman @ci.brooklyn- center.mn.us >, <councilmemberpeppe @ci.brooklyn- center.mn.us >,
< councilmemberricker @ ci.brooklyn- center.mn.us >, <mmccauley @ci.brooklyn - center.mn.us>
Date: 3/19/02 1:43PM
Subject: Follow -Up on Open Forum Request
DATE: March 19, 2002
TO: Mayor Kragness, Councilmembers Lasman, Peppe, and Ricker, and City
Manager McCauley
FROM: Councilmember Nelson
RE: Follow -Up of a Resident's request at Our Last Open Forum
At our last Open Forum on March 13th, a resident, representing hundreds of
others who share many of her concerns, requested that we reconsider the
City's support for Alternative 2 (France Avenue Disconnect / Azelia Avenue
By -Pass) as the accepted access for our residents to MN Highway 100 in the MN
Highway 100, Segment 4, Reconstruction Project. Because of these important
concerns, a newly revealed potential cost increase for the City (up to $1 M
additional), and a discussion with our City Manager, this item will now be
placed on the Study Session agenda for Council study on March 25th. A
resolution could be adopted that evening with a limited council, or it could
be moved for further study and a potential resolution of a full council on
April 8th. MnDOT has been alerted to the potential change in Brooklyn
Center's support for Alternative 2 as the accepted access for our residents.
CC: <diane.niesen @medtronic.com>
City of Brooklyn Center March 5, 2002
Mayor and Councilmembers
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430
RE: France Ave. Relocation — MATERIAL CHANGE to Costs and Options
Dear Mayor and Councilmembers:
Brooklyn Center Engineer Todd Howard has applied to the Shingle Creek Watershed Management
Commission for a Wetland Permit Application, dated December 10, 2001, solely for the purpose of routing
France Ave. through the Joslyn site. The technical aspects of this application were prepared by SEH. The
Brookyn Center Community Association (BCCA) has reviewed this application and takes issue with the
Estimated Project Cost, listed on page 1.
On November 27, 2000, Council voted against residents' preferred alternatives (Options 1, 3, or 4) in
choosing a re- routed France Ave. location. Cost was the deciding factor in the final vote. A majority of
Councilmembers noted for the record that if the costs were similar, or if any were less than the Azelia route
(Option 92), Council would have supported residents' choices.
To recap, the costs presented by SEH to Council on November 27, 2000 were:
• Option 1 = $2,530,000 (wiggles just a bit from the existing roadway)
• Option 2 = 1,055,000 (square route — Joslyn superfund land)
• Option 3 = 3,525,000 (citizens' concept — frontage road parallel to 100 under RR bridge to Drew )
• Option 4 = 3,870,000 (amended citizen concept — Option #3 with modified "S" curve)
The BCCA has repeatedly suggested to Council that the cost for Option 42 was unrealistic as lowest
bid. Council's vote for Option 42 went against every southwest neighborhood citizen who has presented to
Council which included an excess of one hundred residents at the Northport Special Meeting in July 2000,
and supported the sole road design drawn by city staff. We now have evidence that the costs above were
deceptive.
In Howard's application, the estimated cost for the wetland project is listed as: $1,950,000. This
estimate is virtually double what was presented to Council. This $2 million estimate does not include costs
for: well relocation/capping or the associated liability, laying any underground connections such as sewer,
water or electrical, contracts for superfund specific elements, working in contaminated soil, city environ-
mental insurance premiums, nor provision for any unforeseen circumstances that may arise during design or
construction on superfund land. When you consider all non - reimbursed city costs to -date, expensed only due
to the nature and location of routing France through the Joslyn site (Response Action Plan [RAP], Wetland
Application preparation, fees, plus other Joslyn specific elements to come including mitigation of RAP issues
as they arise), it becomes clear and compelling that Option 42 either equals or exceeds Option #1 but carries
the potential to exceed every other option should something go wrong and/or the city be sued by Joslyn
under federal laws. This is avoidable cost and risk.
It is incumbent on Council to take this material information into account without delay and move to
protect the interests of the citizens and taxpayers of Brooklyn Center. The nearly $2,000,000 right -of -way
costs for Options #3 and 94 have always been unclear as to their derivation and were not delineated for
Option 92. Therefore, Options 43 and 44 should not be ruled out until Council hears from SEH as to how
they were calculated and what, exactly, was included in Option 42 for right -of -way. Mr. Glen Van Wormer
informed me that SEH did not prepare the slides they presented to Council November 2000, but only
supplied various figures to our city's engineering department who then, per Mr. Wormer, "took our informa-
tion and did something with it."
In the face of this gross misrepresentation to Council and citizens, we are asking Council to rescind
support for Option 42 which was premised on misleading data. We believe Council should demand that city
staff and SEH explain these material omissions. We respectfully ask Council to institute any of the other
options that keep Brooklyn Center citizens and other commuters off the Joslyn land and taxpayers
completely free of future potential liabilities associated with the risks of Ownership and Operator status on
superfund land.
For a second legal opinion on the risks involved with taking land for street construction and maintance
(forever the liability of Brooklyn Center's) on superfund land, you may want to contact Alan Williams, an
attorney for MPCA and author of our state's superfund laws at 651/296 -7200. In my conversation with him
on the risks of becoming an Owner subject to the CERCLA provision: Strict Joint and Several (all Owners
equally responsible, parties with ability to pay support contamination clean-up without regard to proportion),
he indicated that federal law is complex and not completely clear regarding condemnation coupled with the
act of ordering work plans to be executed on federal superfund land (no matter who ultimately carries out
those orders). Joslyn will remain superfund land until the groundwater pumpout system no longer discharges
contaminated water which is predicted beyond 25 years and into perpetuity. Please reconsider routing
citizens to Highway 100 via Joslyn superfund land.
Respectfully yours,
Diane Niesen
BCCA
5107 E. Twin Lake Blvd.
Brooklyn Center, NIN 55429
763/536 -9925
Attachments
NA- 02650 -01 2.16.01
Minnesota Local/State/Federal Application Forms for Water/Wetland Projects
PUBLIC TRANSPORTATION AND LINEAR UTILITY PROJECTS
FOR INTERNAL USE ONLY
Application No. Field Office Code Date Initial Application Rec'd Date Initial Application Deemed Complete
"See HELP" directs you to important additional information and assistance in Instructions, page 1.
IS THIS AN ORIGINAL OR AMENDED NOTICE? (check one):
This is an original notice, dated J)ec. /a a00 I ❑ This is an amended notice, dated
1. APPLICANT CONTACT INFORMATION :
Name of applicant: To 4oular� ( t of Ce ,fir.-
Contact person (name and title): I o d lds r d U r
Complete mailing address: 630/ Sh�.t� /e C�ieeF P nrfcw�
CP S "s" Y3 0
Business phone: ( 763 1 6 333a Fax: ( 763 ) 6 3V5 Z email•
i
2. PROJECT IDENTIFICATION (See HELP 2); „ e e 1 44- - e re q /,`„ f,7 7-
Also attach PROJECT LOCATOR MAP.
3. LAND USE: Describe existing land use in project area. See HELP 3. ii ' � cork,W,f ,. / 'In v e., Y(
4. PROJECT CATEGORY (check all that apply):
O Repair, rehabilitation, reconstruction or replacement of existing roads that impact wetlands (including wetland areas
of DNR Public Waters). If so, indicate size of impact (check one):
[ ] Less than 10,000 square feet of wetlands [ ] Greater than 10,000 square feet of wetlands
71 New road or modification of an existing road solely to increase traffic capacity impacting any amount of wetland area
73 River, lake or stream impact (excluding wetland areas of DNR Public Waters)
O Placement, maintenance or repair of linear utility projects
5. PROPOSED TIMELINE: Approximate project start date: Ap 1 / �ooZ Projected end date: J /� ;oo�
6. PROJECT DESCRIPTION: Check all that apply. Also include a detailed overhead view of your plan that clearly depicts
the work to be undertaken. See What To Include on Plans (Instructions, page 2).
❑ Guardrail improvement ❑ Slope flattening
❑ Guardrail improvement with slope flattening ❑ Turn lane: improvement of existing or new construction
❑ Resurfacing ❑ Bridge work: repair
❑ Culvert work: repair, extension or replacement ❑ Bridge work: replacement
❑ Stream diversion ❑ Reconstruction (existing roads)
❑ Shoulder work: widening, shoulder widening ❑ Additional lanes solely for traffic capacity
with ditch grading New road construction
❑ Other: [J Linear utility projects
7. ESTIMATED PROJECT COST: l , 9 s3, O o o FUNDING SOURCES (estimate %): Federal State /Oo Local
8. SEQUENCING CONSIDERATIONS: What alternatives to this proposed project have you considered that could have
avoided or minimized impacts to wetlands or water? List at least two alternatives (one of which may be "no build"
or "do nothing "), and explain why you chose to pursue the option described in this application over these alternatives.
(If space below is not adequate, attach separate sheet labeled SEQUENCING CONSIDERATIONS.)
Pleas Q S Pe G &t ac6 ed ✓ZOort-
1
Table detailing the estimated costs of each of the four options
This table shows the estimated costs, as prepared by SEH, Inc., of the four options. Mn/DOT is required to pursue the lowest cost option,
and thus would fund only the lowest cost option. If the City desires a higher cost option, such as Robbinsdale desiring a higher cost
frontage road option, then the City is responsible for funding the difference. For example, if Brooklyn Center desired to pursue the Drew
Frontage Road concept, then Mn/DOT would contribute an estimated $1,055,000 and Brooklyn Center would contribute an estimated
$2,470,000.
Costs
� ( ( (
France Avenue Azelia Avenue Drew Frontage Road France Frontage Road
RR Bridge Extension $0 $0 $350,000 $350,000
Roadway Construction $305,000 $780,000 $975,000 $1,120,000
Transmission Tower $0 $0 $250,000 $0
Right- (property) $2,025,000 $75,0(':) $1,950,000 $2,400,000
Railroad Crossing $200,000 $200,000 $0 $0
Estimated Total $2,530,000 $1,055,000 $3,525,000 $3,870,000
March 19, 2002
MEMO
TO: ichael J. McCauley, City Manager
FRO Jane A. Chambers, Assistant City Manager
SUBJE Review of Social Services Funding- Even Year
Council policy adopted in November 1999 regarding social services funding requires that
contributions made through a joint powers agreement be reviewed in even years. The policy also
requires that the City Council annually review funding of social services provided by requests.
The purpose of the review is to determine if the delivery mechanism through the joint powers
and budget request process is appropriate and effective.
In accordance with this policy, the City Council will review the following agency funding at its
study session March 25, 2002:
Joint Powers Agreements
Five Cities Senior Transportation
► The governing document is a joint powers agreement with cities of Crystal, Golden
Valley, New Hope, and Robbinsdale.
► Current contract through April 30, 2002. Contribution for 2002 is $13,804. The
contribution is based on equal shares of the budget plus an in -kind contribution by
Robbinsdale.
► Oversight: Executive Committee includes City Managers from each city and meets once
per year in July to approve budget. Alternates meet 3 or 4 times per year as needed, city
is represented by staff member of Community Activities Recreation and Services.
► An extensive transportation study conducted by the CARS Director was presented to the
City Council at its March 16, 1998 work session. The study concluded that Five Cities
Senior Transportation was a cost effective delivery mechanism for the service given the
cost of other transportation alternatives.
i
Northwest Hennepin Human Services Council
► The governing document is a joint powers agreement with cities of Brooklyn Park,
Champlin, Corcoran, Crystal, Dayton, Golden Valley, Hanover, Hassan, Maple Grove,
New Hope, Osseo, Plymouth, Robbinsdale, and Rogers.
► Agreement in effect until party withdraws, which can be at any time. Original contract
1975.
► Oversight: Executive Board of Directors meets on monthly basis, and includes a
representative of each city and alternates. There is also an advisory commission
consisting of two appointed citizens from each city.
► The agency employees a full -time Executive Director hired by the Executive Board.
► The purpose of the agency is to plan and coordinate for a variety of services throughout
the northwest metro area, and to leverage funds for social services available through the
County of Hennepin, Federal, State, and private resources. The agency helps avoid
overlap and duplication of services in the region, and serves as an administrative
coordination mechanism and financial oversight for a wide range of services and grant
funding. Most of the funding that the agency deals with would not be granted from the
original funding source without the presence of an agency like North West Hennepin
Human Services Council.
► The 2002 contribution is $12,252 for the North West Hennepin Human Services Council.
Contributions are based on a share of .42 per capita. The agency's 2002 invoice for
funding increased by $72.00 from its request in June, 2001, because of the new census
count. The total contribution for 2002 is $18,777 and includes a contribution to CO -OP
Northwest as discussed below.
► An additional contribution of $6,525 in 2002 is for CO -OP Northwest. This is a
program that consists of the cities of Brooklyn Park, Brooklyn Center, Crystal, New
Hope, Plymouth and Robbinsdale. Oversight for this program is by the City Managers of
these cities.
► The Executive Director of North West Hennepin Human Services Council serves as the
administrator of CO -OP Northwest. CO -OP Northwest has specific tasks it undertakes,
such as the diversity employment initiative, and coordination of the Regional Human
Rights Coalition in which the city participates. The governing agreement for these
services is by memo of understanding.
Project Peace
► The governing document is a Joint Powers agreement with cities of Maple Grove and
Robbinsdale.
► Agreement is automatically renewed unless notice of withdrawal. Notice must be by
Aug 1 of the year, to be effective at year -end.
► Contribution for 2002 is $49,910. Contribution share is based on usage. Project Peace is
governed by a Board of Directors. Cities appoint a Director to serve on board, or in
absence of that, the Chief of Police for the community serves as the Director.
► An Administrative Coordinator operates the program.
► A review of services feasible through another provider of domestic violence was made in
1997. The other agency available at that time was Home Free. Services provided by
Home Free require that officers refer a victim to a telephone number. Project Peace
workers are available at the scene of domestic violence calls. Police feel this provides a
more realistic chance for a reduction in repeat domestic calls. Home Free services
appeared to have a higher cost for services than that provided by Project Peace at the
time of the study.
Contract Services
BROOKLYNPEACEMAKER CENTER, INC.
► The governing document is a contractual agreement renewed annually.
► The 2002 contribution is $ 7,000.
► Peacemaker Center provides juvenile diversion services, establishes and maintains peer
groups, refers individuals and families to appropriate professional counselors, and
provides such other services of a similar nature as may be necessary.
PRISM
► The governing document is a contractual agreement renewed by payment annually.
► The 2002 contribution is $10,000.
► After receiving the comprehensive transportation review in March 1998, the Council was
asked by PRISM to participate in their service of transportation, including trips for
medical appointments. The City Council approved an initial participation, and PRISM
has since made requests and received funding in the 2001 and 2002 budget cycles.
► PRISM provides curb to curb transportation service, affordable rides at $345 donation,
provides rides to appointments with a 2 day notice or less, schedules medical
appointments as a priority, and provides direct Elder Express phone lines and answering
machines.
NORTH HENNEPIN MEDIATION PROGRAM, INC.
► The governing document is a contract agreement renewed by payment annually.
► The 2002 contribution is $4,000.
► Services provided by North Hennepin Mediation Program include mediation services for
citizens, resolution of non- ordinance - related disputes, resolving non - criminal juvenile
disputes, and mediation of family conflicts and conflicts related to divorce and post -
relationship issues.
Public Copy
CITY COUNCIL MEETING
• City of Brooklyn Center
March 25, 2002 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 Foruin 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
- Council Members not present at meetings will be recorded as abstaining from the
vote on the minutes.
1. March 11, 2002 -Regular Session
2. March 13, 2002 - Study Session
3. March 13, 2002 -Regular Session
4. March 18, 2002 - General Work Session with Commission Chairs
b. Licenses
C. Resolution Approving Issuance of an On -Sale, Class D Intoxicating Liquor License
® to Vallarta's 41, Inc., dba Vallarta's Mexican Restaurant
CITY COUNCIL AGENDA -2- March 25, 2002
•
d. Resolution Approving Plans and Specifications and Authorizing Advertisement for
Bids for Improvement Project Nos. 2002 -01, 02, and 03, Southwest Area Street,
Storm Drainage, and Utility Improvements
8. Public Hearings
a. An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning
Classification of Certain Land (Southwest Corner of 57th and Logan Avenues North)
-This item was first read on February 11, 2002, published in the official newspaper
on February 20, 2002, and was offered for second reading and public hearing at the
March 13, 2002, meeting, at which was tabled.
- Requested Council Action:
- Continue the public hearing.
-Take public input.
-Close the public hearing.
- Motion to adopt ordinance.
b. An Ordinance Amending Sections of Chapter 12 of the Brooklyn Center Code of
Ordinances Relating to the Licensing of Rental Properties
• -This item was first read on January 28, 2002, published in the official newspaper on
February 6, 2002, and was offered for second reading and public hearing February
25, 2002, meeting, at which was tabled.
- Requested Council Action:
- Continue the public hearing.
-Take public input.
-Close the public hearing.
- Motion to adopt ordinance.
9. Council Consideration Items
a. Proclamation Declaring April 2002 Child Abuse Prevention Month
- Requested Council Action:
- Motion to adopt proclamation.
b. Resolution Amending the 2002 Central Garage Budget to Provide for the Purchase of
One 1500 GPM Fire Apparatus and Calling for Bids
- Requested Council Action:
- Motion to adopt resolution.
C. Resolution Approving Plans for Temporary Signal at 50` Avenue and Highway 100
- Requested Council Action:
® - Motion to adopt resolution.
CITY COUNCIL AGENDA -3- March 25, 2002
•
d. Resolution Amending the Schedule for Courtesy Bench License Fees and Setting
Fees for Courtesy Bench Inspection and Permit Fees
*Requested Council Action:
- Motion to adopt resolution.
e. Resolution Designating Depositories of City Funds
• Requested Council Action:
- Motion to adopt resolution.
10. Adjournment
•
•
City Council Agenda Item No. 7a
® MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
REGULAR SESSION
MARCH 11, 2002
WEST FIRE STATION — TRAINING ROOM
CALL TO ORDER REGULAR BUSINESS MEETING
Mayor Kragness opened the meeting at 7 p.m. and announced that due to lack of a quorum the City
Council was unable to transact business.
ROLL CALL
Mayor Myrna Kragness and Councilmember Bob Peppe. Councilmembers Kay Lasman, Ed Nelson,
and Tim Ricker were absent and excused. Also present were City Manager Michael J. McCauley
and City Clerk Sharon Knutson.
FIX THE TIME TO WHICH TO ADJOURN
There was a motion by Councilmember Peppe, seconded by Mayor Kragness to adjourn the meeting
S to March 13, 2002, at 7 p.m., West Fire Station Training Room, at which time the meeting will be
convened and all public hearings scheduled for the March 11, 2002, meeting are continued to the
meeting of March 13, 2002. Motion passed unanimously. Meeting adjourned at 7:01 p.m.
City lerk
Y Mayor
03/11/02 -1- DRAFT
• MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
STUDY SESSION
MARCH 13, 2002
WEST FIRE STATION — TRAINING ROOM
CALL TO ORDER STUDY SESSION
The Brooklyn Center City Council met in study session and was called to order by Mayor Myrna
Kragness at 6:07 p.m.
ROLL CALL
Mayor Myrna Kragness, Councilmembers Kay Lasman, Ed Nelson, and Bob Peppe. Councilmember
Tim Ricker was absent and excused. Also present were City Manager Michael J. McCauley,
Assistant City Manager Jane Chambers, Community Development Director Brad Hoffman, and City
Clerk Sharon Knutson.
CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS
® Mayor Kragness noted an addition to the City Council agenda, Item No. 9f, Resolution Requesting a
Variance From Standards for State Aid Operations, 53 Avenue North/Old Osseo Road
Improvements, State Aid Project No. 109 - 114 -01. City Manager Michael McCauley explained this
variance relates to the neighborhood street improvement project and City Engineer Todd Howard
would offer a report at the Regular Session meeting.
Councilmember Nelson discussed Item No. 11 d of the February 25, 2002, City Council minutes. He
wanted to clarify that the resolution simply authorizes advertisement of the project.
Councilmember Peppe discussed Item No. 8b, Proposed Use of 2002 Urban Hennepin County
Community Development Block Grant Funds. He explained he is not comfortable approving the
development agreement for the Shingle Creek Tower Project until all the funding sources are in
place. There was further discussion regarding the project and funding. Mr. McCauley suggested
amending the language in the resolution to approve the budget, but not to execute the agreement with
Boca Limited Partnership without a subsequent resolution by the City Council.
Councilmember Nelson discussed Item No. 7d, Resolution Authorizing Addendum to Employment
Contract With City Manager, as it relates to the percentage increase. Mr. McCauley said the
percentage noted in the resolution was the same as what the City Council previously authorized for
all non -union employees and Local 49.
Councilmember Lasman requested an amendment to the February 25, 2002, City Council Regular
Session minutes. The change is the last paragraph on the bottom of page 7 which she would like to
s
03/13/02 -1- DRAFT
read, "Councilmember Lasman indicated that the Council feels citizen input is valuable. She said •
Staff had indicated that a delay of 30 days is not a significant problem and could, in fact, be positive
by allowing citizen input; therefore, she supports further work on the ordinance." It was also noted
to change the name of the church for the Invocation to Moving On Up Church.
RECESS
There was a motion by Councilmember Lasman, seconded by Councilmember Nelson to recess to
the Informal Open Forum at 6:45 p.m.
RECONVENE
The City Council Study Session reconvened at 7:59 p.m.
OPEN HOUSE FOR COMMUNITY CENTER IN CONNECTION
WITH EARLE BROWN DAYS
The Council discussed a suggestion that an Open House be held on the last Sunday of June for the
reopening of the Community Center as part of the Earle Brown Days celebration. It was the
consensus of the council that having the grand reopening of the Community Center occur in
connection with Earle Brown Days on the last Sunday of June would be appropriate.
LETTER TO ANOKA- HENNEPIN SCHOOL DISTRICT RE:
BUS TRANSPORTATION EAST OF HIGHWAY 252
The Council discussed the proposed letter to the Anoka - Hennepin School District regarding bus
transportation east of Highway 252 and was in agreement that the letter was appropriate and wanted
to have the letter revised to clearly indicate that this request for reconsideration was coming from the
entire City Council.
INVITATION TO OSSEO SCHOOLS SUPERINTENDENT
The City Council then discussed inviting the Osseo School District Superintendent to an upcoming
regular City Council meeting, whenever it would work out in his schedule.
ADJOURNMENT
There was a motion by Councilmember Lasman, seconded by Councilmember Nelson to adjourn the
study session at 8:06 p.m. Motion passed unanimously.
City Clerk Mayor •
03/13/02 -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
MARCH 13, 2002
WEST FIRE STATION — TRAINING ROOM
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 Kay Lasman, Ed Nelson, and Bob Peppe.
Councilmember Tim Ricker was absent and excused. Also present were City Manager Michael
McCauley, Assistant City Manager Jane Chambers, City Attorney Bob Vose, and City Clerk Sharon
Knutson.
Diane Niesen, 5107 East Twin Lake Boulevard, addressed the Council regarding a letter she
• submitted to the Council dated March 5, 2002. She expressed concern regarding the estimated total
cost of $2 million listed on the wetland permit application submitted to the Shingle Creek Watershed
Management Commission to route the roadway over the Joslyn site. She said at the November 27,
2000, meeting the Council chose Option 2 based on cost, and now that cost has almost doubled from
the original estimate of $1,055,000. She said she now has information that the estimates to re -route
around the Joslyn site would cost substantially less. She spoke with a representative from Mn/DOT
about delaying the project. She requested the Council reconsider its options for the France Avenue
relocation.
Paul Oman, 5239 East Twin Lake Boulevard, addressed the Council regarding a letter he submitted
to the Council on March 7, 2002. He urged the Council to reconsider the France Avenue
realignment. He expressed concern that serious safety issues need to be considered and costs for all
options need to be reviewed again.
ADJOURN INFORMAL OPEN FORUM
There was a motion by Councilmember Lasman, seconded by Councilmember Peppe to adjourn
Informal Open Forum at 6:55 p.m. Motion passed unanimously.
• 03/13/02 -1- DRAFT
2. INVOCATION •
Deacon Bob May, St. Alphonsus Church, offered the invocation.
FLAG CEREMONY
Boy Scout Troop 403 conducted a flag ceremony.
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 Kay Lasman, Ed Nelson, and Bob Peppe.
Councilmember Tim Ricker was absent and excused. Also present were City Manager Michael
McCauley, Assistant City Manager Jane Chambers, Community Development Director Brad
Hoffman, City Engineer Todd Howard, City Attorney Bob Vose, and City Clerk Sharon Knutson.
5. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited at the flag ceremony.
6. COUNCIL REPORT
Councilmember Lasman reported that she attended the Brooklyn Center Special Events Committee
meeting on February 28, 2002, to wrap up the events following the City's birthday celebration. She
also attended the National League of Cities Conference in Washington, DC, from March 7 through
11. She will provide a full report at the next City Council meeting.
Councilmember Nelson reported he attended the National League of Cities Conference in
Washington DC, from March 7 through 11. He reviewed some of the sessions he attended and was
pleased to have had the opportunity to represent Brooklyn Center at the conference.
Mayor Kragness reported that on March 12, 2002, she attended a Hennepin County Welfare to Work
Committee meeting and reviewed the program. She also attended a Minneapolis North Metro
Convention and Tourism Bureau meeting on March 13, 2002. She said the Convention and Tourism
Bureau started the Metro North Shuttle, a shuttle service from lodging establishments to the
Minneapolis /St. Paul International Airport. She noted that a new Mexican restaurant, Vallarta's, is
open for business.
03/13/02 -2- DRAFT •
• 7. APPROVAL OF AGENDA AND CONSENT AGENDA
It was noted that Item No. 9f, Resolution Requesting a Variance From Standards for State Aid
Operations, 53rd Avenue North/Old Osseo Road Improvements, State Aid Project No. 109 - 114 -01,
was added to the agenda. Councilmember Lasman requested an amendment to the February 25,
2002, Regular Session meeting minutes.
There was a motion by Councilmember Lasman, seconded by Councilmember Peppe to approve the
agenda and consent agenda as amended. Motion passed unanimously.
7a. APPROVAL OF MINUTES
There was a motion by Councilmember Lasman, seconded by Councilmember Peppe to approve the
minutes of the February 25, 2002, Study Session and Regular Session, noting an amendment to the
last paragraph on page 7 to read as follows, "Councilmember Lasman indicated that the Council
feels citizen input is valuable. She said Staff had indicated that a delay of 30 days is not a significant
problem and could, in fact, be positive by allowing citizen input; therefore, she supports further work
on the ordinance." Motion passed unanimously.
7b. LICENSES
A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve the following
. list of licenses. Motion passed unanimously.
MECHANICAL
Owens Companies, Inc. 930 E 80th St, Bloomington
Pete's Repair, Inc 8835 Xylon Ave N, Brooklyn Park
Superior Contractors, Inc. 6121 42nd Ave N, Crystal
RENTAL
Renewal:
2913 64th Ave N Patricia Simmon
4703 68th Ave N Bernard McDonough
4408 69th Ave N Eugene & Diane Wright
4100 Lakebreeze Ave N Bruce Waage
5400 -02 Russell Ave N Bruce & Karen Vanderschaaf
Earle Brown Farm Apartments Earle Brown Farm Apartments
Garden City Court Apartments Vizma Podnieks
Initial:
4207 Lakeside Ave N #226 Charles Krumrie
TAXICAB
® Nelson Ndege 8100 81 Avenue North, Brooklyn Park
03/13/02 -3- DRAFT
7c. APPROVAL OF APPLICATION FOR EXEMPTION FROM LAWFUL •
GAMBLING LICENSE (BINGOIRAFFLE APPLICATION) FROM EARLE
BROWN ELEMENTARY PTA FOR AN EVENT TO BE HELD AT THE
EARLE BROWN ELEMENTARY SCHOOL ON APRIL 5, 2002
There was a motion by Councilmember Lasman, seconded by Councilmember Peppe to approve an
application for exemption from lawful gambling license (bingo /raffle application) from Earle Brown
Elementary PTA for an event to be held at the Earle Brown Elementary School on April 5, 2002.
Motion passed unanimously.
7d. RESOLUTION AUTHORIZING ADDENDUM TO EMPLOYMENT
CONTRACT WITH CITY MANAGER
RESOLUTION NO. 2002 -31
Councilmember Lasman introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING ADDENDUM TO EMPLOYMENT CONTRACT WITH CITY
MANAGER
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Peppe. Motion passed unanimously.
8. PUBLIC HEARINGS
8a. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES
REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND
(SOUTHWEST CORNER OF 57 AND LOGAN AVENUES NORTH)
City Manager Michael McCauley said the plat had not been filed and requested Council to open the
Public Hearing and take public input and then table this item to the March 25, 2002, meeting.
There was a motion by Councilmember Lasman, seconded by Councilmember Peppe to open the
Public Hearing on An Ordinance Amending Chapter 35 of the City Ordinances Regarding the
Zoning Classification of Certain Land (Southwest Corner of 57" and Logan Avenues North. Motion
passed unanimously.
No one appeared to speak.
There was a motion by Councilmember Lasman, seconded by Councilmember Peppe to continue the
Public Hearing to the March 25, 2002, City Council meeting. Motion passed unanimously.
03/13/02 -4- DRAFT
i
• 8b. PROPOSED USE OF 2002 URBAN HENNEPIN COUNTY COMMUNTIY
DEVELOPMENT BLOCK GRANT FUNDS
- RESOLUTION APPROVING PROJECTED USE OF FUNDS FOR 2002
URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM AND AUTHORIZING SIGNATURE OF
SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY AND ANY
THIRD PARTY AGREEMENTS
Mr. McCauley explained this is the Public Hearing for the proposed use of 2002 Urban Hennepin
County Community Development Block Grant funds given to Brooklyn Center from Hennepin
County from the federal government. He said that Brooklyn Center's share for 2002 is $234,516 and
explained the proposed allocation as follows: $175,000 to Shingle Creek Tower Project; $22,000, to
Household Outside Maintenance for the Elderly (H.O.M.E.); $13,00 to Community Emergency
Assistance Program, Inc. (LEAP) for its HandyWorks chore services program; and $24,516 for
rehabilitation of private property. He said one request was received from Home Line that was not
included in the proposed allocation budget. Mr. McCauley explained that Home Line is geared
toward assisting renters, and Council policy has been to approve funding for capital purposes to
improve or maintain housing stock. Mayor Kragness inquired if Home Line had been included in
the past; Mr. McCauley responded that it had not.
There was a motion by Councilmember Lasman, seconded by Councilmember Peppe to open the
• Public Hearing. Motion passed unanimously.
No one appeared to speak.
There was a motion by Councilmember Lasman, seconded by Councilmember Peppe to close the
Public Hearing. Motion passed unanimously.
Councilmember Lasman inquired how residents find out about the availability of these funds. Mr.
McCauley responded that residents seeking information about the rehabilitation loans can call City
Hall and will be directed to a Hennepin County representative; he noted there is a waiting list.
Mr. McCauley discussed the resolution before the Council to approve the use of the CDBG funds.
He explained the resolution would be amended to approve funding for H.O.M.E., CEAP, and the
rehabilitation program, would make monies available for the Shingle Creek Tower Project, but
would not execute the agreement with Boca Limited Partnership without a subsequent resolution by
the City Council.
RESOLUTION NO. 2002 -32
Councilmember Peppe introduced the following resolution and moved its adoption with an
amendment to the last paragraph to read as follows:
® 03/13/02 -5- DRAFT
`BE IT FURTHER RESOLVED that the City Council hereby authorizes and directs the •
Mayor and its City Manager to execute the Subrecipient Agreement and any required Third
Party Agreement on behalf of the City to implement the 2002 CDBG Program, except that a
Block Grant Assistance Agreement with Boca Limited Partnership shall not be executed until
authorized b the City Council through subsequent authorizing execution an subs t aut o on of agreement
Y Y g q g g
with Boca Limited Partnership.
RESOLUTION APPROVING PROJECTED USE OF FUNDS FOR 2002 URBAN HENNEPIN
COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND AUTHORIZING
SIGNATURE OF SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY AND ANY
THIRD PARTY AGREEMENTS
The motion for the adoption of the foregoing resolution as amended was duly seconded by
Councilmember Lasman. Motion passed unanimously.
Mr. Jim Winkels of AMCON, the private developer proposing to purchase and renovate Shingle
Creek Tower, addressed the Council regarding the Shingle Creek Tower project. He said there are a
number of concerned residents from Shingle Creek Tower in the audience this evening and asked if
Mr. McCauley could explain the process necessary for Council approval of the funding for the
Shingle Creek Tower renovation.
Mr. McCauley explained that this is a continuation of a process to participate in the Shingle Creek
Tower rehabilitation. He said there are a number of funding sources involved, including both the
City and Hennepin County. The resolution the Council adopted earmarks $175,000 for the project,
and the development agreement will come before the City Council for approval when all funding
sources are in place and the bonding agreement is ready for approval.
Mr. Winkels addressed the Council and stated that both AMCON's attorney and the City Attorney
have reviewed and agreed upon all issues relating to the Shingle Creek Tower Project and agreement.
Mayor Kragness commented that the Council supports the Shingle Creek Tower renovation.
I
8c. PROPOSED SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL
COSTS, DELINQUENT WEED REMOVAL COSTS, AND DELINQUENT
PUBLIC UTILITY SERVICE ACCOUNTS
- RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DISEASED
TREE REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS
- RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR
DELINQUENT WEED REMOVAL COSTS TO THE HENNEPIN COUNTY
TAX ROLLS
- RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR
DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS TO THE
HENNEPIN COUNTY TAX ROLLS
03/13/02 -6- DRAFT
•
• Mr. McCauley explained that on a semi - annual basis the Council specially assesses those properties
whose accounts have delinquent tree removal costs, weed removal costs, and public utility service
accounts. He said there is an increase this year in the number of delinquent public utility service
accounts. He added it is a better process to assess the property than to shut water off, as it is less
intrusive to customers and safer for Public Works employees.
There was a motion by Councilmember Lasman, seconded by Councilmember Nelson to open the
Public Hearing. Motion passed unanimously.
No one appeared to speak.
There was a motion by Councilmember Lasman, seconded by Councilmember Peppe to close the
Public Hearing. Motion passed unanimously.
RESOLUTION NO. 2002 -33
Councilmember Nelson introduced the following resolution and moved its adoption:
RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL
COSTS TO THE HENNEPIN COUNTY TAX ROLLS
• The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Lasman. Motion passed unanimously.
RESOLUTION NO. 2002 -34
Councilmember Nelson introduced the following resolution and moved its adoption:
RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT WEED
REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Lasman. Motion passed unanimously.
RESOLUTION NO. 2002 -35
Councilmember Nelson introduced the following resolution and moved its adoption:
RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC
UTILITY SERVICE ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Lasman. Motion passed unanimously.
• 03/13/02 -7- DRAFT
9. COUNCIL CONSIDERATION ITEMS •
9a. RESOLUTION OF THE CITY OF BROOKLYN CENTER APPROVING
HENNEPIN COUNTY HOUSING AND REDEVELOPMENT AUTHORITY'S
PARTICIPATION IN THE SHINGLE CREEK TOWER PROJECT
Mr. McCauley explained that Hennepin County Housing and Redevelopment Authority has
proposed a $400,000 loan to AMCON for the Shingle Creek Tower renovation project. The County
cannot move forward without City Council approval of the funding allocation to the project.
RESOLUTION NO. 2002-36
Councilmember Nelson introduced the following resolution and moved its adoption:
RESOLUTION OF THE CITY OF BROOKLYN CENTER APPROVING HENNEPIN COUNTY
HOUSING AND REDEVELOPMENT AUTHORITY'S PARTICIPATION IN THE SHINGLE
CREEK TOWER PROJECT
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Peppe. Motion passed unanimously.
9b. RESOLUTION RECOGNIZING DIANE SPECOR IN RECOGNITION AND
APPRECIATION FOR HER SERVICE TO THE CTIY OF BROOKLYN
CENTER
Mayor Kragness read the resolution.
RESOLUTION NO. 2002 -37
Councilmember Lasman introduced the following resolution and moved its adoption:
RESOLUTION RECOGNIZING DIANE SPECOTR IN RECOGNITION AND APPRECIATION
FOR HER SERVICE TO THE CITY OF BROOKLYN CENTER
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Nelson. Motion passed unanimously.
9c. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF
MEMBERS WHO HAVE SERVED ON CITY ADVISORY COMMISSIONS
Mayor Kragness read the resolution.
RESOLUTION NO. 2002-38
03/13/02 -8- DRAFT •
• Councilmember Lasman introduced the following resolution and moved its adoption:
RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF MEMBERS WHO
HAVE SERVED ON CITY ADVISORY COMMISSIONS
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Peppe. Motion passed unanimously.
9d. PROCLAMATION DECLARING MARCH 2002 AS MINNESOTA
FOODSHARE MONTH IN BROOKLYN CENTER
Mayor Kragness read the proclamation.
There was a motion by Councilmember Peppe, seconded by Councilmember Lasman to proclaim
March 2002 as Minnesota FoodShare Month in Brooklyn Center. Motion passed unanimously.
Mr. McCauley asked that the agenda order be amended, and Item No. 9f was discussed before Item
No. 9e.
9e. DEMONSTRATION OF THE CITY WEB SITE
• Mr. McCauley demonstrated the City's web site, which is located at www.cityofbrooklyncenter.org.
He explained the City had waited for the web site development tool offered through the League of
Minnesota Cities. The League's product was less expensive and the chances of becoming orphaned
in the future are substantially reduced.
9f. RESOLUTION REQUESTING A VARIANCE FROM STANDARDS FOR
STATE AID OPERATIONS, 53 AVENUE NORTH /OLD OSSEO ROAD
IMPROVEMENTS, STATE AID PROJECT NO. 109 - 114 -01
Mr. McCauley introduced City Engineer Todd Howard. Mr. Howard said the City Council held a
Public Hearing at its February 25, 2002, meeting regarding the Southwest Area Neighborhood
Improvement Project. The intersection of Old Osseo Road and 53" Avenue North was discussed at
the Public Hearing, and Staff met with the owner of the affected property and discussed concerns
related to its safety. He said it is recommended to pursue a design exception to avoid impacting the
property at 5301 Brooklyn Boulevard and also for safety and traffic flow. Mr. Howard explained
that STOP signs were discussed, but it was determined STOP signs would not be okay since there is
a misconception that putting in STOP signs makes the intersection safe. The design variance request
must be made to Mn/DOT, and the State Aid Variance Committee meets quarterly to review
variances, with the next scheduled meeting set for March 21, 2002. Adoption of this resolution
would enable the design variance request to be submitted at the next meeting.
RESOLUTION NO. 2002 -39
® 03/13/02 -9- DRAFT
Councilmember Nelson introduced the following resolution and moved its adoption: •
RESOLUTION REQUESTING A VARIANCE FROM STANDARDS FOR STATE AID
OPERATIONS, 53' AVENUE NORTH/OLD OSSEO ROAD IMPROVEMENTS, STATE AID
PROEXT NO. 109 - 114 -01
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Peppe. Motion passed unanimously.
10. ADJOURNMENT
There was a motion by Councilmember Lasman, seconded by Councilmember Peppe to adjourn the
City Council meeting at 7:51 p.m. Motion passed unanimously.
City Clerk Mayor
03/13/02 -10- 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
GENERAL WORK SESSION
MEETING WITH COMMISSION CHAIRS
MARCH 18, 2002
CALL TO ORDER
The Brooklyn Center City Council met for a general work session with the Commission Chairs at the
West Fire Station Training Room and was called to order by Mayor Myrna Kragness at 6:30 p.m.
ROLL CALL
Mayor Myrna Kragness, Councilmembers Kay Lasman, Ed Nelson, Bob Peppe, and Tim Ricker.
Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, and
Deputy City Clerk Maria Rosenbaum.
Others present were Financial Commission Vice -Chair Jay Hruska, Park and Recreation
Commission Chair Bud Sorenson, Housing Commission Chair Mark Yelich, Planning Commission
Chair Tim Willson, and Charter Commission Chair Sylvester Knapp. Charter and Park and
• Recreation Commission Member Rich Theis arrived at 6:35 p.m.
GENERAL DISCUSSION
Mayor Kragness requested that each Commission Member and Council Member introduce himself
or herself before starting the annual meeting to update the City Council on issues that each
Commission is working on along with any upcoming issues that may need direction from the City
Council.
After introductions, Charter Commission Chair Sylvester Knapp discussed that the Charter
Commission consists of 14 members and a Chairperson and that at the current time there are three
vacancies. He discussed that the Charter Commission reviews the existing charter, considers
proposed changes and makes recommendations to the City Council, and safeguards the concept of
Home -Rule under the existing charter and Home -Rule provisions in the State Statues.
Mr. Knapp discussed that the Charter Commission voted unanimously to recommend the Charter to
be amended to rename the "Board of Review" to the "Board of Appeal and Equalization ". This is
simply a housekeeping amendment to comply with a revision of the State Statues.
03/18/02 -1- DRAFT
•
The Charter Commission continues discussion of a possible amendment to the Charter that would
establish a ward system for election of some or all City Council Members. This matter was referred
to a subcommittee for review and discussion, and a recommendation will be presented at the next
Charter Commission meeting.
The Charter Commission voted to consider the issue of Campaign Finance as it may relate to City
elections.
Mayor Kragness informed Mr. Knapp that the ward system is something that had been considered in
the past and was not favorable. Each Council Member expressed their opinion on the issue and it
was the consensus of the City Council that the system in place is favorable. It was noted unity in the
City is important with having at large representation.
Councilmember Lasman discussed that she believes it is important to get more representation and
diversity. She suggested personnel phone calls from the Commission Members to help promote the
vacancies.
Planning Commission Chair Tim Willson discussed that the Planning Commission continues to
work on planning, zoning, sign, and subdivision matters. He informed the City Council that the
Planning Commission welcomes any new issues that the City Council may want the Planning
Commission to review.
Mayor Kragness discussed the City Council appreciates the research that takes place on the matters •
to be considered by the City Council. The City Council believes that the Planning Commission has
researched each aspect of the matter and does not have to question much before making a decision.
Mr. Willson noted that the Planning Commission appreciates the help from the City's Liaison
Planning and Zoning Specialist Ron Warren.
Mayor Kragness questioned if the Planning Commission would find it beneficial to have a City
Council Liaison. After discussion it was noted that a City Council Liaison would not be needed at
this time.
Housing Commission Chair Mark Yelich discussed that the Housing Commission consists of eight
members and a Chairperson. At the current time there is one vacancy. The Planning Commission
continues to work on the request regarding recreational vehicle parking and will start a vision for
senior housing. He informed the City Council that the Housing Commission welcomes guidance for
any other topics that the City Council may have in the future.
Mayor Kragness discussed that the Smart Growth issue will be upcoming and that all Commissions
should be involved. She questioned when this issue would be before the City Council and
Commissions.
03/18/02 -2- DRAFT
•
• City Manager Michael McCauley informed the City Council and the Commission Members that the
target date is currently sometime in May 2002.
Financial Commission Vice -Chair Jay Hruska discussed that the purpose of the Financial
Commission is to advise the City Council on financial matters and evaluate services in Brooklyn
Center. The Financial Commission consists of six members and a Chairperson. The Chair calls
meetings to order when needed. Last year the Financial Commission met seven times and had been
involved in the Requests for Proposals for audit services and formed subcommittees to discuss the
investment policy. He discussed that this year will be a challenging year for the Financial
Commission with all the cutbacks proposed by the Legislature and that the 2003 budget will be their
main focus along with banking services.
Park and Recreation Commission Chair Bud Sorenson discussed that the Park and Recreation
Commission consists of six members and a Chairperson and that the Capital Improvements Program
continues to be an issue reviewed by the Park and Recreation Commission. He informed the City
Council that this past year the Park and Recreation Commission was involved with the new building
at Centerbrook Golf Course and that Grandview Park will be an issue that the Park and Recreation
Commission will be involved with this year. He also discussed that the Park and Recreation
Commission has been involved with the Community Center renovations and that the Park and
Recreation Commission will be reviewing the programs offered once the project is complete. Any
suggestions that the City Council would have regarding programs at the Community Center would
be greatly appreciated.
•
Mayor Kragness suggested that the Park and Recreation Commission consider reviewing a
Skateboard Park for the City of Brooklyn Center. She has received several requests for a Skateboard
Park in the City. She mentioned that the City of Brooklyn Park's has been successful and that the
Park and Recreation Commission might want to consider reviewing the City of Brooklyn Park's
Skateboard Park.
Councilmember Lasman discussed she believes the study of a Skateboard Park would be a great idea
since there are kids skateboarding in unsafe places. Mr. Sorenson stated that he would be sure to
have the Park and Recreation Commission consider this issue and take a look at the City of Brooklyn
Park's Skateboard Park.
MISCELLANEOUS
Mr. McCauley informed the Commission Members and City Council that the reopening of the
Community Center will be June 30, 2002, and that a new community room upstairs will be named
after Phil Cohen.
03/18/02 -3- DRAFT
Mr. McCauley discussed the Smart Growth issues that will be incurred this year, the budget concerns •
with the House and Senate Bill, the two phases of rental housing issues, the Tax Increment Financing
for District No. 3, and the upcoming Commission Recognition Event to be held on April 15, 2002.
Mayor Kragness suggested that the Commission Chairs encourage all Commission Members to
attend the Commission Recognition Event. This is a time for all the Commission Members to meet
other Commissioners and to be recognized for all they do for the City of Brooklyn Center. It has
been disappointing in the past to have such a low turnout at the event.
Mr. McCauley gave a brief overview of the City's Website.
ADJOURNMENT
A motion by Councilmember Lasman, seconded by Councilmember Peppe to adjourn the meeting at
7:45 p.m. Motion passed unanimously.
City Clerk Mayor
•
03/18/02 -4- DRAFT
•
•
City Council Agenda Item No. 7b
City of Brooklyn Center
A Millennium Community
•
TO: Michael J. McCauley, City Manager
FROM: Maria Rosenbaum, Deputy CitClerk
DATE: March 20, 2002 � - o
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 March 25, 2002.
MECHANICAL
Albers Mechanical Service Inc. 200 West Plato Boulevard, St. Paul
Allied Fireside 2700 Fairview Avenue North, Roseville
Assured Heating A/C 514 Jefferson Highway, Champlin
Auto Garage Door & Fireplace 9210 Wyoming Avenue North, Brooklyn Park
Blaine Heating & A/C, Elec. Inc. 13562 Central Avenue NE, Ham Lake
Centraire Heating & A/C 7402 Washington Avenue South, Eden Prairie
• Condor Fireplace & Stone 8282 Arthur Street NE, Spring Lake Park
Cronstrom's Heating & A/C 6437 Goodrich Avenue, St. Louis Park
Countryside Heating & Cooling 6511 Highway 12, Maple Plain
Dependable Indoor Air 2619 Coon Rapids Boulevard NW, Coon Rapids
Ditter, Inc. 820 Tower Drive, Medina
Fore Mechanical 3520 88th Avenue NE, Blaine
Golden Vallley Heating 5182 West Broadway, Crystal
Guyer's Builder's Express 13405 15 "' Avenue North, Plymouth
Hansen Heating, Inc. 16218 Eveleth Street, Ham Lake
Home Energy System 15200 25th Avenue South, Plymouth
McDowall Company P O Box 1244, St. Cloud
M & D Plumbing & Heating Inc. 11050 26th Street NE, St. Michael
The Maintenance Team Inc. 5599 West 78th Street, Edina
Maple Grove Htg & A/C 401 County Road 81, Osseo
Metropolitan Mech Contractors 7340 Washington Avenue South, Eden Prairie
Modern Heating & A/C 2318 First Street NE, Minneapolis
P & H Services Co 1601 67th Avenue North, Brooklyn Center
Quality Refrigeration 6237 Penn Avenue South, Richfield
Residential Heating & A/C 1815 East 41 st Street, Minneapolis
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
Page 2
• March 25, 2002
Council Approved Licenses
MECHANICAL — CONTINUED:
Riccar Heating & A/C 2387 Commercial Boulevard NW, Andover
River City Sheet Metal Inc. 9928 Bluebird Street NW, Coon Rapids
Ron's Mechanical 12010 Old Brick Yard Road, Shakopee
Rouse Mechanical 7320 Oxford Street, St. Louis Park
Sedgwick Heating & A/C 8910 Wentworth Avenue South, Minneapolis
Sharp Heating & A/C 4854 Central Avenue NE, Columbia Heights
Standard Heating & A/C 410 West Lake Street, Minneapolis
Suburban Air Conditioning 1290 B Osborne Road NE, Fridley
Superior Heating, A/C & Elec. 2132 2nd Avenue North, Anoka
Total Comfort 12800 Hwy 55, Plymouth
Vogel Sheetmetal Inc. 10684 Lansing Avenue North, Stillwater
Wenzel Heating & A/C 4131 Old Sibley Memorial Hwy, Eagan
Yale Inc. 9649 Girard Avenue South, Minneapolis
RENTAL
Renewal:
Ryan Terrace Apts (3601 47th Ave N) Robert Carpentier
3715 69th Avenue North Gary Olson
• 5401 Brooklyn Boulevard Northport Properties
5407 Brooklyn Boulevard Duane Orn
4902 France Avenue North William Dudley
5200 France Avenue North Christian Knutson
3819 France Place Robert Lindahl
1513 Humboldt Place North Daystar Investments, Inc
1549 Humboldt Place North Daystar Investments Inc
4204 Lakebreeze Avenue North Kathy Nguyen
Initial:
3807 61st Avenue North Toshie Metzger
•
City Council Agenda Item No. 7c
BROOKLYN CENTER � CEk
POLICE DEPARTMENT
• POLICE
MEMORANDUM
TO: City Manager Michael McCauley
FROM: Chief Scott Bechthold '95
DATE: March 20, 2002
SUBJECT: New Liquor License / On -Sale Intoxicating Class D
Vallarta's #1, Inc. dba/Vallarta's Mexican Restaurant
Vallarta's 41, Inc. dba/Vallarta's Mexican Restaurant has applied for an On -sale Class D
Intoxicating Liquor License. Class D is a probationary license for establishments who have not
been in business long enough to have an established food /liquor split ratio.
• A thorough background investigation was completed on Vallarta's #1, Inc., which is the license
holder, and the corporate officers. Nothing was found in the background investigation that
would preclude Vallarta's #1 from being issued a liquor license. All appropriate fees have been
submitted along with all required documentation.
It is requested that the Brooklyn Center City Council approve an On -sale Class D Intoxicating
Liquor License.
SB:kh
•
• Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION APPROVING ISSUANCE OF AN ON -SALE, CLASS D
INTOXICATING LIQUOR LICENSE TO VALLARTA'S #l, INC.,
DBA/VALLARTA'S MEXICAN RESTAURANT
WHEREAS, Vallarta's # 1, Inc. dba/Vallarta's Mexican Restaurant has applied for an
On -Sale, Class D Intoxicating Liquor License for its establishment located at 6000 Shingle Creek
Parkway within the city of Brooklyn Center; and
WHEREAS, Vallarta's #1, Inc. is a corporation in good business standing; and
WHEREAS, Vallarta's 41, Inc. has submitted all appropriate fees and necessary
documentation for their liquor license and a thorough background investigation has been conducted
by the Brooklyn Center Police Department regarding the company officers and the company itself
and nothing was found in that investigation that would preclude the issuance of a liquor license to
Vallarta's #l, Inc.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
® Brooklyn Center that the issuance of an On -Sale, Class D Intoxicating Liquor License to Vallarta's
#l, Inc. dba/Vallarta's Mexican Restaurant 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.
is
City Council Agenda Item No. 7d
• MEMORANDUM
DATE: March 20, 2002
TO: Michael J. McCauley, City Manager
FROM: Todd Howard, City Engineer -
SUBJECT: Resolution Approving Plans and Specifications and Authorizing Advertisement for
Bids, Improvement Project Nos. 2002 -01, 02, and 03, Southwest Area Street, Storm
Drainage, and Utility Improvements
On February 25, the City Council held a public hearing on the proposed Southwest Area
Improvements. Following the hearing the City Council ordered the improvements and directed
the preparation of final plans. Plans now have been completed for the Southwest Area project.
It is recommended that the City Council approve the attached resolution approving the plans and
specifications and authorizing advertisement for bids. Detailed plan sheets will be available for
Council review Monday evening, or prior to then at any Council Member's request.
s
• Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING
ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NOS. 2002 -01, 02, AND 03,
SOUTHWEST AREA STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS
WHEREAS, the City Council on February 25, 2002 by Resolution ordered Improvement
Project Nos. 2002 -01, 02, and 03, Southwest Area Street, Storm Drainage, and Utility Improvements, and
authorized the preparation of plans and specifications; and
WHEREAS, SEH, Inc. under the direction of the City Engineer have prepared said plans and
specifications.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn
Center, Minnesota that:
1. The plans and specifications for said improvement project are hereby approved and
ordered filed with the City Clerk.
2. The City Clerk shall prepare and cause to be inserted in the official newspaper and in
• the Construction Bulletin an advertisement for bids for the making of such
improvement in accordance with the approved plans and specifications. The
advertisement shall be published in accordance with Minnesota Statutes, shall specify
the work to be done and shall state the time and location at which bids will be opened
by the City Clerk and the City Manager or their designees. Any bidder whose
responsibility is questioned during consideration of the bid will be given an
opportunity to address the Council on the issue of responsibility. No bids will be
considered unless sealed and filed with the City Clerk and accompanied by a cash
deposit, cashier's check, bid bond, or certified check payable to the City of Brooklyn
Center for 5 percent of the amount of such bid.
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
• and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
City Council Agenda Item No. 8a
Office of the City Clerk
City of Brooklyn Center
A Millennium Community
MEMORANDUM
TO: Michael I McCauley, City Manager
FROM: Sharon Knutson, City Clerk JUIIK *Wu)L'
DATE: March 6, 2002
SUBJECT: An Ordinance Amending Chapter 35 of the City Ordinances Regarding the
Zoning Classification of Certain Land (SW Corner of 57th and Logan
Avenues North)
At its February 11, 2002, meeting, the City Council approved for first reading An Ordinance
Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain
Land (SW Corner of 57th and Logan Avenues North). The ordinance amendment relates to the
SuperAmerica site and the property to be rezoned within the Planned Unit Development. The
ordinance is offered for second reading and public hearing March 11, 2002.
•
6301 Shingle Creek Parkway Recreation. and Community Center Phone & TDD Number
Brooklyn Center, MN 55430 -2199 (763) 569 -3400
City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434
FAX (763) 569 -3494
CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the 11th day of March, 2002, at 7:00 p.m. or as
• soon thereafter as the matter may be heard at the West Fire Station, 6250 Brooklyn Boulevard, to consider
an Ordinance Amending Chapter 35 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 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 (SW CORNER
OF 57TH AND LOGAN AVENUES NORTH)
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:
Tracts B and C, anD Registered Land Survey No. 1 l 14.
That part Auditer-'s Ne. 219 lying east ef the
• Lot 1, Block 1, SuperAmerica 5th Addition.
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 (Plamled Unit
Development/Commerce):
Lot 2, Block 1, SuperAmerica 5th Addition
Section 2. This ordinance shall be effective after adoption and thirty days following its
legal publication.
Adopted this day of 2002.
Mayor
ATTEST:
City Clerk
Date of Publication
• Effective Date
(Strikeout indicates matter to be deleted, underline indicates new matter.)
•
City Council Agenda Item No. 8b
•
•
MEMORANDUM
TO: Michael McCauley, City Manager
FROM: Brad Hoffman, Community Development Director
DATE: March 19, 2002
SUBJECT; Chapter 12 Ordinance Amendment
The Council will have before them proposed amendment to Chapter 12 of the City's
ordinances. This will be the second reading for the amendment, which can best be described as a
• technical change. It is a change to Section 12 -901, which provides for the revocation a rental
license.
While the current ordinance provides for revocation of a rental license, it does not clearly
define the procedure and limits the Council's authority to the entire complex as opposed to a
single unit or a single building should the Council deem that coarse more appropriate. Currently,
a rental license can be suspended or revoked for any failure to comply with state or local laws.
The penalty is that the rental property cannot rent any current of future vacancy until the Council
has restored the license.
The proposed amendment more clearly defines the grounds for revocation of a rental
license. It also provides for written notice to the license holder of the grounds for which
revocation is being considered. The amendment also sets out context in which violations are to
be considered when a revocation is being perused. The Council must consider the frequency and
seriousness of the violation(s), the ability to cure and the level of cooperation or good faith of the
license holder before revoking a rental license.
At the direction of the Council, I met with a group of apartment owners, the ARM group
and the Housing Commission for their perspective of the changes. The ARM group did not
comment either for or against the proposed change. The Housing Commission voted to endorse
the change. The owners group had reservations in three (3) areas. First, in Section 12- 910.1d,
they expressed concern that a violation of any part of Chapter 12 is potentially grounds for
• revocation. They felt that such language was too vague and requested a modification such as " a
O substantial violation or a material violation" be added to preclude the loss of a license for a
broken window. Second, they questioned the 90 -day limitation inl2- 910.5. They were not sure
why we would want to limit ourselves to 90 days. Third, the last sentence in 12 -1201 was
disconcerting to them. The language provides that a license could be revoked whether or not a
compliance order has been issued. Obviously they are concerned that they would find themselves
before the Council for a minor issue and would never been given the opportunity to resolve the
matter first. Attached is a letter for Charles LeFevere addressing the first and third issues raised
by the owners. Words such as substantial or material would only create a discussion/debate
whether or not a violation is in fact substantial. The focus would not be on rectifying the
problem. The third issue is written for the frequent violator that does nothing to maintain their
property until the City issues compliance orders. In essence, the City would become a default
manager of the property because maintenance and repairs would not occur until they were
directed to do so by the City. The 90 -day issue was a misinterpretation of the proposed change.
It applies to suspensions not revocations. If a suspended license is not in compliance after90 days
the Council would most likely consider the revocation of the license.
I would recommend that the ordinance be adopted as drafted. This is the first of several
changes staff would like to have considered by the Council. The Housing Commission will be
looking at other proposed changes as well as the ARM group.
•
•
am, I 470 Pillsbury Center
- 200 South Sixth Street
Minneapolis MN 55402
(612) 337 -9300 telephone
- (612) 337 -9310 fax
C H A R T E R E D http: / /wwvr.kennedv-- raven.com
CHARLES L. LEFEVERE
Attorney at Law
Direct Dial (612) 337 -9215
Email: ciefevere @kennedy- graven.com
March 13, 2001
Mr. Bill Clelland
Carson and Clelland
6300 Shingle Creek Parkway
Brooklyn Center, MINT 55430
Re: Rental Housing Ordinance
Dear Bill:
This letter is in response to your e -mail of March 8, 2002 relating to the proposed rental housing
ordinance. You note that the property owners are worried about the language of paragraph 1(d)
providing that violation of Chapter 12 is grounds for a license revocation, suspension, or
nonrenewal. I think it is important for the property owners to understand that under the current
ordinance, in 12 -910, paragraph 1, the city can revoke or suspend the license for failure to comply
with the provisions of the ordinance of the city of Brooklyn Center and the laws of the State of
Minnesota. Therefore, stating as a permissible grounds for revocation the violation of the chapter
on housing, is, if anything, a restriction on the authority of the city to take action on the license. In
addition, as you note in your e -mail, paragraph 3 of the same section sets forth criteria for the
council to consider that are not included in the current ordinance. Other protections that are not in
the current ordinance have been added including: 1) the requirement of written notice of grounds for
a proposed license action, 2) an opportunity for a hearing, and 3' the ability of the City to suspend or
revoke a license for only a part of the facility (as opposed to the entire facility, which the City must
do under the current ordinance).
The ro osal that the ordinance add words like "material" or "substantial" muddies the waters if the
p p
City wishes to take action to revoke or suspend a license. It seems to me that it is nearly certain that
any ground for a suspension cited by the City will be considered by the licensee to be not material
and not substantial. Therefore, I would not recommend the addition of such modifiers.
You also note that the owners do not like the reference to administrative action where we have not
given compliance notices. I would agree with your position that it is the owner's duty to prevent
violations without notice from the City. It should also be noted that most of the grounds stated in
• Section 12 -910, paragraph 1 for revocation, suspension or nonrenewal are grounds that do not
CLL 211516v1
BP.291 -16
Mr. Bill Clelland
March 13, 2002
Page 2
involve compliance orders. For example, false statements on an application or report, failure to pay
fees, rental of units after suspension, and action under Section 12 -911, would not involve
compliance orders.
Finally, you raise the idea of amending the ordinance to give the City the authority to close down an
apartment complex completely and make all tenants leave. This seems to me to be a very drastic
solution. If a unit is unfit for human habitation I believe there are ways of removing tenants. If the
building is fit for human habitation, but the licensee has failed to comply with the ordinances,
removing tenants would punish tenants for the shortcomings of the licensee.
At the hearing on the ordinance amendment, one landowner suggested such a change, but I would
not think it would be favored by landlords as a group. If the landlords are concerned that the
ordinance gives the City too much power or authority, that concern is hardly reduced by adding the
power to clear out the building of all tenants. However, if the council wishes to pursue preparation
of an ordinance amendment giving the City the authority to clear out all tenants, I would
recommend that this be a part of the next phase of amendments to this ordinance. I would be
reluctant to make such a significant change without careful study and review of the codes and
experiences of any other cities that have such provisions. There is no reason why fiirther
consideration of this issue should delay implementation of the other changes proposed. A change in
the authority of the City that is this significant should probably be the subject of a new published
• notice so that affected landowners will have an opportunity to colnrnent on the ordinance, after
being given notice of the proposal, at a public hearing. Starting the process over with a new first
reading, publication and public hearing would delay the implementation of the other changes to the
ordinance proposed.
Very truly yours,
Charles L. LeFevere
CLL: cm
cc: Mr. Brad Hoffman
CLL- 211516v1
BR291 -16
CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the 25 day of February 2002, at 7:00
• p.m. at the West Fire Station, 6250 Brooklyn Boulevard, to consider an amendment to city code
provisions relating to licensing of rental properties.
Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance.
Please notify the Deputy City Clerk at 763 -569 -3308 to make arrangements.
ORDINANCE NO.
AN ORDINANCE AMENDING SECTIONS OF CHAPTER 12
OF THE BROOKLYN CENTER CODE OF ORDINANCES
RELATING TO THE LICENSING OF RENTAL PROPERTIES
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Section 1. Section 12 -910 is amended as follows:
Section 12 -910. LICENSE SUSPENSION, [OR] REVOCATION AND NON -
RENEWAL.
1. Every operating license issued under the provisions of this [ordinance] Chapter is
subject to suspension or revocation by the City Council [should the licensed owner or his duly
• authorized agent fail to operate or maintain licensed rental dwellings and units therein consistent
with the provisions of the ordinance of the City of Brooklyn Center and the laws of the State of
Minnesota]. In the event that an operating license is suspended or revoked by the City Council
[for just cause], it shall be unlawful for the owner or [his] the owner's duly authorized agent to
thereafter permit any new occupancies of vacant or thereafter vacated rental units until such time
as a valid operating license may be restored by the City Council. Any person violating this
[provision] section shall be guilty of a misdemeanor, and upon conviction thereof shall be
punished by a fine of not more than One Thousand Dollars ($1,000) or by imprisonment not to
exceed ninety (90) days or both, together with the costs of prosecution. Each day of each
violation shall constitute a separate punishable offense. The Council may revoke, suspend or
decline to renew any license issued under this Chapter upon any of the following grounds:
a. false statements on any application or other information or report required
by this Chapter to be given by the applicant or licensee.
b. failure to pay any application, penalty, reinspection or reinstatement fee
required by this Chapter and City Council resolution.
C. failure to correct deficiencies noted in notices of violation in the time
specified in the notice.
d. any other violation of this Chapter.
• e. failure to operate or maintain the licensed premises in conformity with all
applicable state laws and codes and this Code of Ordinances.
ORDINANCE NO.
2. Revocation, suspension and non - renewal may be brought under either this
Section or Section 12 -911, or both.
3. A decision to revoke, suspend, deny or not renew a license shall be preceded by
written notice to the applicant or licensee of the alleged grounds therefor and the applicant or
licensee will be given an opportunity for a hearing before the City Council before final action to
revoke, suspend, deny or not renew a license. The Council shall give due regard to the frequency
and seriousness of violations, the ease with which such violations could have been cured or
avoided and good faith efforts to comply and shall issue a decision to deny, not renew, suspend
or revoke a license only upon written findings.
4. The Council may suspend or revoke a license or not renew a license for part or all
of a facility.
5. Licenses may be suspended for up to ninety (90) days and may, after the period of
suspension, be reinstated subiect to compliance with this Chapter any conditions imposed by the
City Council at the time of suspension. Licenses that are revoked will not be reinstated until the
owner has applied for and secured a new license and complied with all conditions imposed at the
time of revocation. Upon a decision to revoke a license, no new application for the same facility
will be accepted for the period of time specified in the Council's written decision, which shall
• not exceed one year. A decision not to renew a license may take the form of a suspension or
revocation. A decision to deny an initial application for a new facility will not take the form of a
suspension or revocation unless false statements have been made by the applicant in connection
with the application. A decision to deny an initial application shall state conditions of
reapplication. All new applications must be accompanied by a reinstatement fee, as specified by
Council resolution, in addition to all other fees required by this Chapter.
6. A written decision to revoke, suspend, deny or not renew a license or application
shall specify the part or parts of the facility to which it applies. Thereafter, and until a license is
reissued or reinstated, no rental units becoming vacant in such part or parts of the facility may be
relet or occupied. Revocation, suspension or non - renewal of a license shall not excuse the
o from compliance with all terms of state laws and codes and this Code of Ordinances for as
long as any units in the facility are occupied. Failure to comply with all terms of this Chapter
during the term of revocation, suspension or non - renewal is a misdemeanor and grounds for
extension of the term of such revocation or suspension or continuation of non - renewal, or for a
decision not to reinstate the license, notwithstanding any limitations on the period of suspension,
revocation or non - renewal specified in the City Council's written decision or in paragraph 5. of
this Section.
Section 2. Section 12 -201 paragraph 18 is amended as follows:
18. Owner - a person, agent, firm or corporation having a legal or equitable interest in
the property. In any corporation or partnership, the term owner includes general partners and
• corporate officers.
i
ORDINANCE NO.
•
Section
on 3. Section 12 1201 is amended as follows:
Section 12 -1201. COMPLIANCE ORDER. Whenever the compliance official
determines that any building or portion thereof, or the premises surrounding any of these, fails to
meet the provisions of this Chapter, a compliance order setting forth the violations of the
ordinance and ordering the owner, occupant, operator, or agent to correct such violations shall be
issued. This compliance order shall:
1. Be in writing.
2. Describe the location and nature of the violations of this ordinance.
3. Establish a reasonable time for the correction of such violation and notify of
appeal recourse.
4. Be served upon the owner or agent or occupant, as the case may require. Such
notice shall be deemed to be properly served upon such owner or agent, or upon
any such occupant, if a copy thereof is:
a. Served upon owner, agent or occupant personally; or
• b. Sent by 1 St class mail to his /her last known address; or
C. Upon failure to effect notice through (a) and (b) as set out in this section,
posted at a conspicuous place in or about the building, or portion thereof,
which is affected by the notice.
Violations may be cited by the City and prosecuted, and license suspension, revocation or non -
renewal may be undertaken by the City whether or not a compliance order has been issued.
Section 4. This ordinance shall become effective after adoption and upon thirty (30) days
following its legal publication.
Adopted this day of March 2002.
Mayor
ATTEST:
City Clerk
Date of Publication:
• Effective Date:
(Underline indicates new matter; brackets indicate matter to be deleted.)
City Council Agenda Item No. 9a
PROCLAMATION
DECLARING APRIL 2002 CHILD ABUSE PREVENTION MONTH
WHEREAS, child abuse prevention is a community problem and finding solutions depends on
involvement among people throughout the community; and
WHEREAS, the effects of child abuse are felt by whole communities and need to be addressed b
the entire community; and
WHEREAS, effective child abuse prevention succeeds because of partnerships created between
parents, practitioners, schools, faith communities, health care organizations, law
enforcement agencies, and the business community; and
WHEREAS, family - serving, youth- focused prevention programs offer positive alternatives for young
people and encourage parents and youth to develop strong ties to their communities;
and
WHEREAS, all citizens need to be more aware of child abuse and neglect and its prevention within
the community, and be involved in supporting parents to raise their children in a safe,
• nurturing 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 proclaim
April 2002 as Child Abuse Prevention Month in Brooklyn Center and call upon all citizens,
community agencies, religious organizations, medical facilities, and businesses to increase their
participation in efforts to prevent child abuse and neglect, thereby strengthening the communities in
which we live.
Date Mayor
ATTEST:
City Clerk
•
Initiative
for
Violence -Free
Families
February 11, 2002
City Manager Michael McCauley
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430
Dear City Manager:
As the officially recognized Child Abuse Prevention Council for Hennepin County, we, the representatives of
C.H.A.S.E. (Creating Healthy and Safe Environments) for Families, are writing again this year to enlist your city's
help in making this year's Child Abuse and Neglect Prevention Month a nationwide campaign. In April, communities
across the United States will designate April as Child Abuse and Neglect Prevention month. As you may recall, we
wrote to all forty -six cities in Hennepin County to request such designations last year; we are pleased to report that
ten cities in our county participated in this national campaign for the first time. Many of them used this month to raise
awareness about child abuse and to provide practical suggestions to help parents and other adults examine how
they can protect and nurture every child.
This ear, it is our goal to encourage at least ten more municipalities to mark the importance y g g c palities in Hennepin County p e of
preventing child abuse and neglect sometime during the month of April. Specifically, we are asking:
1. Your City Council or Mayor to proclaim April as child abuse and prevention month in Brooklyn Center: and
• 2. Your city building to display one blue ribbon for each abused or neglected child from your city who was
served by Hennepin County child protection workers in 2001. For Brooklyn Center, that number was 88.
The total number of children on child protection caseloads in Hennepin County was 1,883.
It is our hope that as each year passes, and as everyday citizens take action to prevent child abuse, the number of
blue ribbons we see throughout Hennepin County will decrease. These first steps we are asking you to take may
seem small, but we believe that raising awareness precedes change, especially when a powerful message comes
from city leaders.
The Child Abuse Prevention Month Community Resource Packet contains several items we thought you might find
useful, including a draft proclamation. We have also included a fact sheet, tips for parents, and a sample of the blue
ribbons available from the Family Support Network.
Our commitment to renew and invest in partnerships between your city and our Child Abuse Prevention Council,
CHASE for Families, includes the offer of assistance from our staff person, Lois Gunderson. Please contact her if
we can assist your efforts in any way.
Sincerely,
Cleora Brown VZ y Merrs,
• Co- chair, CHASE for Families Co- chair, CHASE for Families
4123 Lake Street, Minneapolis, MM 55406 • Ph: 612128 -2093 • www.ivff.org
Lois Gunderson and Jeannette Raymond, Coordinators, Karen Girardeau, Communications
at Family a Children's Service
PUBLICITY: Child Abuse -
Prevention Month
Blue Ribbon Campaign April 2002
The Blue Ribbon Story
In the spring of 1989, a Virginia grandmother began the blue
ribbon campaign as a tribute to her grandson. The three - year -old
died at the hands of his mother's abusive boyfriend. Since that
time, concerned citizens all over the country have worn the blue
ribbon as a symbol of the need to prevent child abuse and neglect.
Now, thirteen years later, the blue ribbon has become a symbol of
the need for eveyone to be the best when it comes to the future
of children.
Award yourelf this blue ribbon for all you do to support
children and families.
Blue Ribbon Campaign
® to Prevent Child Abuse and Neglect
Be a Blue Ribbon Parent. Be a Blue Ribbon Kid. Make Yours a
Show your children that Be kind. Blue Ribbon Community.
you love them. Solve problems with Help parents you know.
Really listen ... with all brainpower ... not fists Learn how to prevent
your attention. or weapons. child abuse and neglect.
Spend time with your Help others ... be a Volunteer ... to help a
children ... talk to them, friend to someone child or family.
play with them, create a in need.
family spirit.
1= 800 -CH 1 LDREN
www.famil su ort.or Prevent Child Abuse
Support Network Y PP 9 Minnesota
PUBLICITY Child Abuse
Prevention Month
Media Tips April 2002
•
The more effort you put into publicizing your April events and activities, the more successful they
will be.
Provide Information — Create a "press kit" which includes a news release, a fact -sheet about your
event, and a fact -sheet about your organization. Be sure to include statistics regarding child abuse and
neglect in your community. The media are very busy. They should have enough information to
produce a story without making a phone call or sending a reporter. This way, your coverage is not
contingent upon their attendance.
Community Calendar Listings — Most television, radio stations and newspapers provide free
community calendar listings. The media require that listings be short — 2 to 3 lines only — and
submitted in writing at least two weeks prior to printing or airtime.
Ask for Public Service Announcements — Contact your local radio stations and ask them to air a
public service announcement on child abuse prevention prior to your event. Sample radio PSAs are
provided in the Child Abuse Prevention Resource Packet. You may want to consult a local marketing,
public relations or advertising company and ask them to donate their talents to your cause.
Submit an Editorial or a Letter to the Editor to your Local Paper — Write an editorial for your local
newspaper on some aspect of child abuse and its prevention. Be sure to put a name and a face on the
• statistics with stories (protect people's privacy) or reference a recent, publicized case of child abuse in
your community and add a one or two line closing about your upcoming event. Use the sample Letter
to the Editor that is included in the Child Abuse Prevention Month Resource Packet or write your own
letter. Be sure to include your name, address and phone number on your letter.
Public Affairs Shows — Local radio and television stations are always looking for good issue -
orientated topics and spokespersons to appear on their public affairs shows. (These are the shows you
see and hear late at night or early Sunday morning, and catch on PBS and NPR.) Contact the producers
of local shows to let them know that your spokesperson — community leader, parent, volunteer — or
communications person is willing to appear and discuss family support and child abuse prevention.
Send a follow -up letter, press kit, and suggest related speakers.
Invite Local Celebrities — Invite local politicians, sports figures, community leaders or other notable
locals to your event. Once one or two have agreed to attend, you may put a call into "friendly" media
to advise them of a potential photo opportunity. This little push can sometimes get the media to attend.
Take Photographs — If the newspaper reporters and photographers can't attend, they may be willing
to run a photo caption. Be sure to follow -up by sending in photos with a suggested two -line caption.
Resend your event fact sheet or press release along with it. For best results, use black and white film
and a 35mm camera, affix a label to the back of your photo that contains your organizational
information and caption. Take close -up shots with not more than four people in them. (Do not wait
more than three days to submit photos, or it will be "old" news.)
F= 1 800 CH DR N n
Sup po rt www .familysupport .org Prevent Child Abuse
p� Minnesota
Child Abuse
PUBLICITY
Prevention Month
*Child Maltreatment Statistics April 2002
NATIONAL
• In 1999, an estimated 3,224,000 alleged cases of child abuse and neglect were
reported to Child Protection agencies nationwide.
• Of those cases confirmed, 46 percent were neglect, 18 percent were physical
abuse, 9 percent were sexual abuse, 4 percent were emotional maltreatment, and
23 percent were due to other forms of abuse.
(Source: Prevent Child Abuse America. For a complete report call 1- 800 - CHILDREN
or visit www.preventchildabuse.org)
MINNESOTA
• In 1999, Minnesota counties received 16,466 reports of child maltreatment, and
determined maltreatment in 7,229, or 44 percent of these reports.
• The number of children alleged to be victims of child maltreatment in 1999 was
24,855. The U.S. Census estimated that Minnesota had an under -age population
of 1,271,850 in 1999. The incidence rate in 1999 for child maltreatment was 8.7
per 1,000.
• Overall, the frequency of types of maltreatment for children determined to be
victims were as follows:
- 72.2 percent were from neglect;
- 24.5 percent were from physical abuse;
- 7.2 percent were from sexual abuse; and
- 1.0 percent were from emotional abuse.
(note: percentages sum to more than 100% because some children suffered
from several types of maltreatment.)
(Source: Minnesota Department of Human Services. For a complete report
call 1- 800 - CHILDREN or visit www.dhs.state.mn.us)
1- 800 - CHILDREN '
Fam _
� Y �� Prevent Child Abuse
Support Network www.familysupport.org Minnesota
Child Abuse
Family Support & Child Abuse Prevention Month
April 2002
*Prevention Resource List
CHILD ABUSE PREVENTION & FAMILY SUPPORT
FAMILY SUPPORT NETWORK ....................... ..........................(651) 523 -0099
www.familysupport.org 1- 800 - CHILDREN
PREVENT CHILD ABUSE AMERICA .................. ..........................(312) 663 -3520
www.preventchildabuse.org
ST. DAVID'S CHILD DEVELOPMENT & FAMILY SERVICES ........................(952) 939 -0396
www.stdavids.net
PACER CENTER (support for families w /children w /disabilities) ....................(952) 838 -9000
www.pacer.org 1- 800 - 537 -2237
MELD (culturally diverse family support groups) ........ ..........................(612) 332 -7563
www.meld.org
FAMILY AND CHILDREN'S SERVICE ................. ..........................(612) 339 -9101
www.famchildserv.org
MIDWEST CHILDREN'S RESOURCE CENTER .......... ..........................(651) 220 -6750
1- 800 - 422 -0879
CHRYSALIS (support for women) ..................... ..........................(612) 871 -0118
MN INDIAN WOMEN'S RESOURCE CENTER .......... ..........................(612) 728 -2000
RAINBOW FAMILIES (support for GLBT families) ....... ..........................(612) 827 -3118
SURVIVAL SKILLS INSTITUTE (support for African American families) ...............(612) 522 -6525
TURNING POINT (support for African American families) ..........................(612) 520 -4004
FATHER'S RESOURCE CENTER ...................... ..........................(763) 783 -4938
EARLY CHILDHOOD FAMILY EDUCATION .. ........................Contact your school district
PROGRAMS FOR SPANISH - SPEAKING FAMILIES
CHICANOS LATINOS UNIDOS EN SERVICIOS — CLUES ..........................(651) 292 -0117
CASA DE ESPERANZA (Domestic Violence) ............ ..........................(651) 772 -1611
CENTRO LEGAL, INC. (Legal services) ................ ..........................(651) 642 -1890
DISCAPACITADOS ABRIENDOSE CAMINOS (support for families w /children w /disabilities) (651) 293 -1748
LA OPORTUNIDAD .......................................................... (651)646 -6115
LA FAMILIA GUIDANCE CENTER (mental health and social services) ................(651) 221 -0913
CRISIS LINES/WARM LINES
THE MEN'S LINE ............................................................. (612)379 -6367
CRISIS CONNECTION (phone counseling/ referral statewide) ........................(612) 379 -6363
www.crisis.org
PARENT WARMLINE (MPLS CHILDREN'S HOSPITAL) .. ..........................(612) 813 -6336
(continued on other side)
•
•� _- 1- 800 - CHILDREN • •
F am R ,7 �� Prevent Child Abuse
Support Network www .familysupport.org Minnesota
Child Abuse
Family Support & Child Abuse Prevention Month
revention Resource List (coast.) April 2002
TO REPORT SUSPECTED CHILD ABUSE
CHILD PROTECTION/ COUNTY SOCIAL SERVICE AGENCIES
Anoka ............... ............................... ..................(763)422 -7125
Carver.................... ........................................... (952)361 -1600
Ramsey ............................................................... (651)266 -4500
Scott ........... ............................... .......................(952)445 -7751
Washington ........................................................... (651)430 -6457
Dakota............................................................... (952)891 -7459
Hennepin............................................................. (612)348 -3552
(or call your county social service agency)
MISSING /RUNAWAY CHILDREN
CHILD FIND ................................ ..............................1 -800 -I AM LOST
NATIONAL RUNAWAY SWITCHBOARD (message relay, some counseling) ...........1 -800- 621 -4000
www.nrscrisisline.org
MINNESOTA RESOURCES FOR CHILDREN IN TROUBLE
• BRIDGE FOR RUNAWAY YOUTH ..................... ..........................(612) 377 -8800
ST. JOSEPH'S HOME FOR CHILDREN (through Child Protection) ....................(612) 348 -3552
PROJECT PRIDE (for teen prostitutes) .................. ..........................(612) 728 -2078
STOREFRONT /YOUTH ACTION, INC ................. ..........................(612) 861 -1675
DOMESTIC VIOLENCE
MN COALITION FOR BATTERED WOMEN ............ ..........................(651) 646 -6177
BATTERED WOMEN'S CRISIS LINE ................... ..........................(651) 646 -0994
CRISIS NURSERIES
GREATER MINNEAPOLIS CRISIS NURSERY (serves Hennepin Co.) ..................(763) - 591 -0100
CHILDREN'S HOME SOCIETY - CRISIS NURSERY PROGRAMS .....................(651) 646 -7771
(serves Ramsey, Anoka, Dakota, Washington, Chisago, Isanti counties)
For other crisis and support service numbers, call First Call for Help at (651) 291 -0211.
• Family Support Network,
1821 University Ave., Suite 202 South, St. Paul, MN 55104.
1- 800 - CHILDREN
www.fan-Lilysupport.org
Child Abuse
RESOURCES. Prevention Month
April 2002
•
Communities
Suggested Community Activities together. Visit children at school, attend their
During April, as well as throughout the year, sporting events, and talk to them about their
you can encourage groups of concerned citizens interests.
to participate in child abuse prevention • Watch television with your children. Discuss
activities. Below are a few of the groups and issues such as violence, and fantasy versus
suggested calls to action. reality.
• Create "safe houses" in your neighborhood
For Everyone where children can go in case of an emergency.
• Many communities have child abuse preven- • Attend a parenting class. Learn positive
tion councils or programs such as Crisis discipline techniques such as time out or
Nurseries or Home Visiting. Find out what is refocusing a child's attention.
available in your community and how you can • Know where your children are and who they
volunteer to support their efforts. are with. Know their friends and friends'
• Wear a blue ribbon every day in April and parents and don't hesitate to tell other parents
encourage your community to do so. what your family rules are.
Government Officials Faith -based and Religious Community
•• Encourage fire and police departments to • Organize volunteers to visit with or provide
sound sirens and churches to ring bells at noon transportation for pregnant women, parents,
on April 1. This can be followed by a moment and children attending health clinics for
of silence and Y
P ra ers for children and families prenatal and pediatric care.
and a proclamation signing ceremony naming • Arrange for parenting classes or support
April as Child Abuse Prevention Month. groups. Call 1- 800 - CHILDREN to learn how to
• Encourage government workers to get organize a support group in your congregation.
involved in child abuse prevention activities. Donate space for classes or support groups.
In those areas with city or county -run utilities, Enlist specialized trainers such as pediatricians,
research possibility of adding positive teachers, and those experienced in child
parenting messages to monthly statements. development and adult education to help.
• Create a pool of volunteers from your congre-
Parents and Families gation to provide respite care to parents.
• Start a playgroup in your neighborhood. • Hold a community baby shower for your local
Schedule a meeting with other parents and Crisis Nursery. Enlist local groups to help.
organize the group to do a project that benefits • Form or participate in partnerships with child
the community. advocates, schools, child care facilities, and
• Do something every week that tells your others. Address issues such as teen pregnancy
children the are special — even b putting a prevention.
Y P YP g
note in their lunchbox or scheduling activities
i
1
Y Prevent Child Abuse
Support Network www•familysupport.org Minnesota
Education Child Care and Early Childhood
�• Hold essay or poster contests during April • Encourage employers to support families.
with a child abuse prevention or family- Studies show that new mothers tend to use
orientated theme. Involve writing and journal- less sick leave and are more productive when
ism classes to promote child abuse prevention employers are supportive and flexible.
in school newspapers and newsletters. Suggest . Encourage parents to spend quality time with
children participate in sidewalk art with chalk children at home. Children in quality child care
depicting positive family experiences. can learn to think and talk, but nothing can
• Hold special trainings for parents and teachers substitute for the positive impact of home life.
sponsored by the school district or parent *Coordinate activities in conjunction with the
association. Ask school service organizations Week of the Young Child, April 1 -7, 2001,
to plan and participate in child abuse which is sponsored by the National Associa-
prevention activities. lion for the Education of Young Children.
• Start an after - school program that supports . Have questions about child care? You can
working parents by providing children with a contact your local Child Care Resource and
safe place for activities. Referral. They are listed in the county section
• Invite speakers from Child Protective Services, of the phone book.
Child Abuse Prevention Councils, Battered
Women's Shelters, and other community Local Businesses
organizations to speak to high school students . Make a list of community resources available
and teen pregnancy classes about positive to employees that includes after - school
parenting and abuse free relationships. programs and parent support ' groups and
• Take advantage of fact that National Library classes.
Week is in the month of April by displaying . Coordinate or participate in fundraising
child abuse prevention materials in school events for local service organizations that
halls that give the most exposure. support children and families.
Health Care Professionals • Promote child abuse prevention awareness by
printing an ad on your shopping bags or
•Counsel new parents on brain development including a message on your customer receipts.
including the importance of providing
nurturing care, talking, singing, and reading to • Print bookmarks and use as bag or paycheck
their babies. stuffers.
• Display child abuse prevention posters in • Post child abuse prevention materials on
waiting rooms, clinics, and emergency rooms. employee bulletin boards.
• Help develop information kits with positive • Support employees with family issues.
parenting information for new parents, Encourage employees to display pictures of
especially teen parents. children. Periodically, schedule speaker to
• Organize and participate in health fairs, discuss balancing work and family.
parenting classes, and other community • Allow employees time to volunteer in child
outreach programs. abuse prevention efforts. Distribute blue
• Let parents know that they can call you ribbons to employees and customers.
regarding parental problems with newborns. • Promote quality childcare among employees.
• • Counsel parents on positive child discipline Start or support a day -care center for
techniques. employees.
• Provide training to the community on how to
recognize child abuse and neglect.
R Child Abuse
RESOURCES:
Prevention Month
q Tips for Parents April 2002
! T .7ip f6
S mart TV Viewin
• Limit viewing for all family
members. Children should
watch no more than two Z �'
hours per day. On school
days, eliminate TV or limit it
to a shorter time.
• Carefully select what to
watch. Help your children make their
selection. With younger children, consider having them choose
programs for the week and review those choices with them.
• Watch some of your children's favorite shows with them.
• Use TV as a chance to talk to your children about values, fantasy
versus real life, conflict, and violence.
• Discuss TV violence. Talk about better ways to solve problems and
how to respect the rights, property, and feeling of others.
• Encourage your children to watch educational programs.
• Restrict programs that you feel are not right for your children to
watch. Explain why. Be a good role model.
• Find other things to do with your children besides watching TV.
Encourage outdoor activities, reading, art projects, hobbies, and
play time.
Fam�l
y
Support Network
i -800- CHILDREN
www.familysupport.org
4� : 1- 800 - CHILDREN • •
F �mAy www.famil su ort.or Prevent Child Abuse
Support Network y N� Minnesota
RESOURCES Child Abuse
•
Prevention Month
April 2002
Tips for Parents & Families
m "lies-
Tips for Parents & Fa Tips for. Parents & Families.
-'
Promoting Positive Values Promoting Positive Values Promoting Positive Values
Iff
Teach �4
,? Motivate
Healthy Choices `
to Your Children
Your Child
• Teach your child to share • Use words that encourage
• Teach your child to tell your child
the truth • Show
• Be clear in your beliefs your
Teach Your Child
• Teach your child love ever
cooperation � Kindness day y
• Involve your child in
family decisions �-��� & Respect 'Offer
your child
• Allow for , • Set firm, loving limits choices
mistakes • Treat your child with
•Enjoy
respect and dignity
19*1 v _ - family time
t — __ • Gently nurture your child
with lots of hugs and kisses • Encourage and
• Let your child know praise effort
he or she matters • Set realistic expectations
I\ • Be clear about how you want for home, school, and
_- your child to treat others community
Family / Family Family
Support Network Support Network Support Network
i -800-CHILDREN 1-800-CHILDREN 1-800-CHILDREN
www.familysupport.org www.familysupport.org www.familysupport.org
•
�� = 1- 800 - CHILDREN
Faiu� �� N
www.familysupport.org Prevent Child Abuse
Support Network Minnesota
Child Abuse
RESOURCES
Prevention Month
April 2002
T
ips for Parents & Families
0
,Tips for, •
/ rents - &Familie s.,
Health
Promoting
M Iff in dS :-t 13
P � r C
• Read and sing to babies before WA /J q \ll
they are born. Brain cells begin P
developing months before the actual , =" f4` • Q
birth of the baby.
• People who care for children are the
brain's first and most important teachers
and can do many things toward developing
brain cells.
• • A newborn child's brain has enough cells to last a lifetime. When the
brain is stimulated, tiny bursts of electricity travel through the brain. At
eight months, an infant's learning process could form 1,000 trillion
connections in its brain cells.
• The outside world shapes how the brain works. More connections are
formed when the child has many sight and sound experiences.
• Our brains develop through repeated experiences.
• The brain will lose connections that aren't used. It is important to
speak often to the child to reinforce learning.
• Language is learned in the first months. Talking and singing to infants
and toddlers can help them learn hundreds of words by age 2.
• Music helps develop the brain's connections. It helps children learn
mathematics. It is easier to remember words when they are set to music.
• Warm, loving, responsive care i
can develop a child's ability to �_ �G1.ttt4"V�z
control emotions. The ability to
feel joy, grief, anger, and love Support Network
doesn't appear by magic. It is
learned by association with others. 1 -800- CHILDREN
www.familysupport.org
.� i r`§ ) , 1 -800- CHILDREN • •
mn �� Prevent Child Abuse
Support Network www.familysupport.org Minnesota
City Council Agenda Item No. 9b
• City of Brooklyn Center
A Millennium Community
• TO: Michael McCauley Y Cit Manager
FROM: Ron Boman Fire Chief
SUBJECT: Possible Replacement of Engine 2
DATE: March 11, 2002
In 2004 our 1982 American LaFance Pumper Engine 2 at the West Station is scheduled
for replacement, During the past week I checked with a couple of manufactures of fire
apparatus to find out the replacement cost of our fire pumper, it appears that the
replacement cost will be approximately $340,000.
Because the condition of engine 2 is rapidly deteriorating due to rust and corrosion and
the body compartments are twisting I feel it should be considered for early replacement,
t
as it is the 1 st out engine at the West Station, which is where the duty crew responds from
the most used piece of equipment the fire department has. During making it the p g the past
g
week as the unit was responding to an emergency one of the compartment doors came
en
open and we almost lost our new thermal imaging camera, this has happen a couple le of
times before due to the age and condition of the apparatus.
• In talking with a fire apparatus manufacture I was informed that they have a couple of
new units coming off the line that are demonstrator units and can be purchased for
approximately $280,000 which would be a saving of $40, to $60,000 from the cost of
replacement in 2004
I am aware that because of the cost, it will still have to out for bid, which will allow
other manufactures to bid also.
I currently have $239,120 in the central garage fund for replacement, the balance of
$40,744, I would recommend that we borrow from the fire department central garage
replacement fund to cover the deficit needed for replacement of engine 2.
I feel this is a good investment for the City of Brooklyn Center and would replace a
engine that is over 20 years old. Delivery of the new apparatus will be around October
2002.
Thanks for
our consideration of this request and if you have an questions Y q Y Y lease call q p
me extension 3360.
0
6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number
Brooklyn Center, MN 55430 -2199 I (763) 569-3400
City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434
FAX (763) 569 -3494
Member introduced the following resolution and moved its
adoption:
• RESOLUTION NO.
RESOLUTION AMENDING THE 2002 CENTRAL GARAGE BUDGET TO
PROVIDE FOR THE PURCHASE OF ONE 1500 GPM FIRE APPARATUS
AND CALLING FOR BIDS
WHEREAS, one 1500 GPM diesel pumper fire apparatus was scheduled for
replacement in 2004, but due to the deteriorating and unsafe condition of the present 1982 fire
apparatus the Fire Chief is requesting to replace it in 2002; and
WHEREAS, there is $239,120 in accumulated depreciation available in the 2002
Central Garage Capital Outlay Fund and the balance needed would be transferred from the Fire
Department Central Garage Fire Apparatus Depreciation Schedule; and
WHEREAS, it is possible for the City of Brooklyn Center to purchase a fire apparatus
manufactured in 2002 and delivered in late 2002 for approximately $280,000 that will be a savings
of approximately $40,000 to $50,000 over purchasing in 2004.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Brooklyn Center authorize amending the 2002 Central Garage Budget to provide for the purchase of
• one 1500 GPM Fire Apparatus and authorize calling for sealed bids to be received until 11:00 a.m.
local time, on the 19 day of April, 2002, at the Brooklyn Center City Offices, at which time and
place the City Clerk and Fire Chief, or their designated representative, shall publicly open and read
aloud the bids.
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
•
City Council Agenda Item No. 9c
s
0
• MEMORANDUM
DATE: March 20, 2002
TO: Michael J. McCauley, City Manager
1
FROM: Todd Howard, City Engineer
SUBJECT: Resolution Approving Plans for Temporary Traffic Signal at 50"' Avenue and
Highway 100
On July 24, 2000, the City Council approved the Highway 100 Segment 4 Preliminary Plan that
included a temporary signal system. This temporary signal system has been separated from the
Highway 100 Segment 4 plans to accommodate construction staging. Council action is needed at
this time to approve the plans for the temporary signal.
The Mn/DOT plans for a temporary signal at the intersection of 50' Avenue and Highway 100
includes constructing a left turn lane on northbound Highway 100 and closing off 50" Avenue
east of Highway 100.
The temporary 50` Avenue signal will provide better access to the Southwest Neighborhood
• during this summers neighborhood reconstruction project and allow for alternate access to
Highway 100 until the France Avenue Connection is constructed. The signal system will be
operational by June 17, 2002, turned off over the winter, and turned on again in the spring of
2003. The temporary signal will be removed in October 2004.
It is recommended that the City Council approve the attached resolution approving the Mn/DOT
temporary signal plan. Detailed plan sheets will be available for Council review Monday
evening, or prior to then at any Council Member's request.
:} AVE. TWIN Dv,
Q z <m
D W w m -�
i a m cn
WIN r -LAK�� ASE• X � x � . .,.. ..
a
< < n -+
r `' `•'' Ln QD LAKE VIEW AVE. V 'i ci Z
+ Ln -,
+ m � AZELIA m AVE. '.� ►-' °
T
CID
w TWIN
�N. INDI AS m N ��
ALIFAX AVE
ftb.Q AVE. m �// �< -� NGRE ATVIEW
I�
FRANC • IN AVE.
RANCE
cn ;:
o EWING AVE. I a N. w t
� c c n d
EW (m AVE. J
—�
– O m < B ® m
z PZ
�1F}ti �• . ;, 7 -�
O �
\ _ ? V
,,'i , �,;`:t;� ����`�'' "`Cn',• Z7 LlS Nq R I� Z+ NOR • '
pFt ��
A VF. qc
a ABBOTT
.
!� ZENITH I AVE AVE-
� z N BRO OKLYN � _
XERXE. A XER XE�\AVE. N.\ ,--�
� \ \\ \ \ \ w r ..
WASHBURN / � I WASH BURN AVE. N. a
VINCENT T �'� (VINCENT o I AVE. N N.
Ln
UPTON �, UPTON AVE. N. �
.p I I lu, ,.
D D
AV .
TH MA
EN
M
A <
0 S
S
S
THO
I
D
n rn
AVE. H R V
E A N. -
ID AN
E.
I -
m I • c� ( RUSSELL I AVE. I N. RUSSELL A
I N if7r nv�
N. I< OUEEN I K
T
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION APPROVING PLANS FOR TEMPORARY TRAFFIC SIGNAL
AT 50" AVENUE AND HIGHWAY 100
WHEREAS, on July 24 the City Council approved the Highway 100 segment for
preliminary plans; and
WHEREAS, a temporary signal is beneficial for construction staging.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that the temporary signal plans are hereby adopted and approved.
• Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded b y member
P g
g Y )
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
I
•
•
City Council Agenda Item No. 9d
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION AMENDING THE SCHEDULE FOR COURTESY BENCH
LICENSE FEES AND SETTING FEES FOR COURTESY BENCH INSPECTION
AND PERMIT FEES
WHEREAS, the City Council of the City of Brooklyn Center adopted Resolution No.
87 -31 on February 9, 1987, which established fees to be charged for various City licenses; and
WHEREAS, the City Council adopted Ordinance 2001 -06 on April 23, 2001,
regarding courtesy benches to be effective April 1, 2002; and
WHEREAS, the City Council has determined that it wishes to set the inspection fee
for courtesy benches at $50.00 and the permit fee if the application is approved at $30.00.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center to amend the City's fee schedule to remove the license fee established for courtesy
benches and adopt the courtesy bench inspection and permit fees for such benches in the City of
Brooklyn Center.
BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center
that this resolution shall be effective April 1, 2002.
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
I
March 21 2002
MEMO
TO: Michael J. McCauley, City Manager
FROM: Jane A. Chambers, Assistant City Manager
SUBJECT: Resolution Amending the Schedule for Courtesy Bench License Fees
And Setting Fees For Courtesy Bench Inspection and Permit Fees
In April of 2001, the City Council adopted Ordinance 2001 -06 regarding courtesy
benches to be effective April 1, 2002. The ordinance required the City Council to set an
inspection fee and a permit fee. Accordingly, a resolution amending the current fee
schedule and adopting the permit and inspection fees has been drafted for Council
consideration and adoption at the March 25, 2002 Council meeting.
Operationally, the responsibility for inspection and issuing permits for courtesy benches
will be that of Public Works. Previously, the licensing of the courtesy benches was the
responsibility of the Deputy City Clerk. City Engineer Todd Howard has requested the
fees reflected in the resolution. He is prepared to initiate inspection and permit duties as
of the effective date established by Ordinance 2001 -06, which is April 1, 2002. It will be
necessary for the Council to have adopted the new fees so that the proper charges for
• inspections and permits can be made.
•
•
City Council Agenda Item No. 9e
• Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION DESIGNATING DEPOSITORIES OF CITY FUNDS
WHEREAS, Section 7.01 of the City Charter provides the City Council with
authority over City funds that includes the safekeeping and disbursement of public monies.
NOW THEREFOR BE IT RESOLVED by the City Council of the City of Brooklyn
Center, Minnesota as follows:
1. That the following named bank is hereby designated as an additional depository to
be used for investment purposes:
Bremer Banks, N.A.
The City Treasurer is hereby authorized to deposit funds in accounts guaranteed by the
Federal Deposit Insurance Corporation (FDIC), the Federal Savings and Loan Insurance
Corporation (FSLIC) or the Securities Insurance Protection Corporation (SIPC). Funds
deposited with designated depositories in excess of the insured amounts provided by the
• insurance of individual institutions or companies shall not exceed the ninety percent (90 %) of
the collateral pledged by the depository to the City or other such insurance provided by the
depository and approved by the City.
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
•
• Memorandum
Date: March 20, 2002
To: Michael J McCauley
City Manager
From: Douglas Sell
Director of Fiscal and Support Services
RE: Designated Depositories
Each year, we are required to designate the official depositories for City funds. We have
prepared a resolution for City Council consideration identifying an additional depository
for 2002, Bremer Banks, N.A..
With the sell -off of Firstar Bank assets, the Bremer Banks added a presence in the
community with the purchase of several assets including the branch bank in Brooklyn
Center. They have requested status as a designated depository. It seems appropriate that
they be added to the list.
• It is our recommendation that the resolution identifying Bremer Bank as a designated
depository for 2002 by approved by the City Council.
memMeCaul ey032002. doc
•