HomeMy WebLinkAbout2001 05-14 CCP Regular Session AGENDA
CITY COUNCIL STUDY SESSION
May 14, 2001
6:00 P.M.
CONFERENCE ROOM B
1. City Council discussion of agenda items and questions
2. Presentation by Marilyn Corcoran, Hennepin Recycling Group, regarding proposed
recycling pick -up and general city one time pick up
3. District 281 grant writing funding request
4. Miscellaneous
5. Adjourn
L
"HRG" RECYCLING /SOLID WASTE REPORT TO COUNCILS
May 2001
The following information is an update on the recycling program pilot project now
in progress in three separate neighborhoods in the cities of New Hope, Crystal
and Brooklyn Center, requesting consideration to negotiate to expand the
program city -wide in 2001, and proposal for consideration of a NEW clean -up
collection program to be negotiated as an addition to the recycling contract.
HISTORY — CURBSIDE RECYCLING
The current 18 gallon bin, weekly collection system has been in place since
spring 1989. The growth of the program took place in the early 1990's and then
leveled out to the annual average participation of 58 %. In 2000 the average
pounds- per - household was reported at 473 #. The contract cost per household
has remained at $2.05 per month for the last four contract years.
HISTORY — PILOT PROGRAM
• May 2000 — Applied for and received grant from Hennepin County for
$34,778 to do a study, working with the contractor Waste Management,
Inc., for a "Simple One -Sort" automated cart, every-other week curbside
system.
• November 2000 — Sent introductory letters to all households in the three
target pilot areas.
• January 2000- Sent letters to all households announcing cart delivery
schedule
• February 2001 — Carts delivered to each pilot area household, including
litter bag with program information and instructions and calendar
refrigerator magnet.
• February 28 /March 1, 2001 — First week pilot project collection
• May 11, 2001 — Program survey mailed to every pilot area household with
self addressed return envelope, asking for completion and return to the
Administration office by May 25, 2001. ►�
Every week of collection there has been a detailed mapping that highlights each
address with cart set -out. Records have also been kept on non - compliance (bin
set out). On the off -week the routes have also been traveled, identifying any set -
outs, cart of bin. Letters have been sent to all non - compliance addresses,
identifying what was done and what should be done to be consistent with the
program. The following report shows the set outs and weight of materials
collection start-up to date.
196 hh 193 hh 226 hh Av. Part. Tons Col.
DATE Nhope Crvstal Bcenter
2 -28 145/74% 152/79% 5.59 ton
3 -1 143/64% 72% 2.29 ton
3 -14 138/70% 142/74% 4.66 ton
3 -15 147/65% 69.6% 2.25 ton
3 -28 152/79% 159/82% 5.36 ton
3 -29 168/74% 78% 2.88 ton
4 -11 153/79% 165/84%
4 -12 158/70% 77.6% 2.33 ton
4 -25 159/82% 174/87% 5.55 ton
4 -26 175/77% 82% 2.87 ton
5 -9 161/84% 176/91% 5.36 ton
5 -10 184/81% 85% 3.18 ton
Note: Pilot Study is scheduled to end June 21, 2001. If the decision is made to expand city -wide,
the current pilot area will continue with the cart program for the balance of 2001 with delivery of
carts to all households in November /December and new collection system implemented at
beginning of 2002 contract term.
Pre -Pilot One -month Comparison — November 2000
Av. Set -out 133/68% 122/63% 131/58% 63%
Attachments
• HRG Board Minutes of May 2, 2001
• Letter November 2000
• Letter January 2001
• Survey May 11, 2001
• Three completed surveys returned 5 -14 -01
• Cost Analysis Report
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� A
MINUTES
HRG.BOARD OF DIRECTORS
May 2, 2001
CRYSTAL CITY OFFICES
4141 DOUGLAS DRIVE
MEETING WAS CALLED TO ORDER AT 1:15 P.M.. BY ANNE NORRIS, BOARD CHAIR
Present: Director - Dan Donahue - New Hope
Director - Jim Glasoe
Chair - Anne Norris
Administrator - Marilynn Corcoran
APPROVAL OF April 11, 2001 MINUTES - Motion by Dan Donahue, Second by Jim Glasoe to Approve minutes as
presented. - 3 ayes - MOTION CARRIED
OLD BUSINESS
NEW BUSINESS
• Curbside Contract — Marilynn reported to the Board that she had received a written proposal in letter form from
Waste Management offering $.20 cost per month per household increase, or from $2.05 to $2.25 per month, if HRG
were to elect to extend the existing contract and expand the cart, single sort pilot program city -wide. Included in this
offer is that Waste Management would agree to provide, deliver and maintain all carts, collect recyclables every- other-
week with the automated system, and process and market all recyclables. Marilynn indicated that Waste Mgt.
suggested they would be interested in a five year contract to amortize their capital investment in carts and new
collection vehicles.
• All Board members were interested in the 5 -year but requested clarification as to whether the $.20 per month would be
good for the entire five year term. Marilynn stated she would verify that information. She would also verify that HRG
would have no purchase of carts. All Board members were in favor of moving ahead with program wide cart recycling
and will schedule meetings with each council to gather their support as well.
Their would be a minimum annual cost savings of $5,.000 that now is being spent on purchase of bins.
• Annual Curbside Proposal - Marilynn reported that Waste Management had presented, in writing, their interest in
expanding the scope of the recycling contract to include a once —per -year, curbside cleanup collection throughout each
HRG city. She presented cost and program information from the Bloomington program and that Waste Management
presented an offer to HRG to match the cost per household that Bloomington is paying BFI for same /similar program.
All Board members were very interested. Brooklyn Center requested that HRG Administrator, Marilynn meet with
their council and manager at a work session to discuss this service level and answer any questions and concerns prior
to developing a new contract. All cities agreed to do the same and will schedule meetings asap.
If this program were added there would be no need for the two "Special Materials" drop -off days which would be a
budget savings to HRG of $13,600 and New Hope would be able to discontinue their spring cleanup which costs their
general fund $20,000.
Note: Cost Analysis — Recycling /Solid Waste
2002 and Beyond
Current RS Charge (21,658 households)
$2.15 per household /month
$2.05 Contract Cost
.05 Administration — yard waste, public education, bins
.05 Retained by each city for billing administration
$2.15 /month = $25.80 /year
continued
Proposed Charge with Cart Program
$2.25 Contract Cost
.05 Administration — yard waste, public education, bins
.05 Retained for each city for billing administration
$2.35 /month = $28.20 /year
Proposed Charge with Existing Bin Program and Cleanup
$2.05 Contract Cost
.05 Administration — yard waste, public education, bins
.05 Retained for each city for billing administration
1.12 Cleanup cost
$3.27 /month = $39.24 /year
Proposed Charge with Cart Program and Cleanup
$2.25 Contract Cost
.05 Administration — yard waste, public education, bins
.05 Retained for each city for billing administration
1.12 Cleanup cost
$3.47 /month (recommend rounding to $3.50) _ $42.00 /year
Board Member Dan Donahue suggested that the Board consider absorbing some of the increase for both the cart and cleanup
program by spending down the HRG reserve fund, at least the first and maybe second year of the program, rather than passing
the entire increase immediately to the resident on their utility bill ($2.15 to $3.50 or increase of $1.35 per month).
The Board recommends that HRG negotiate the city -wide implementation of the cart program and include in the negotiation of
a once - per -year city -wide cleanup collection of selected materials. Meetings will be held with each city council to discuss this
recommendation.
ADJOURNMENT - The meeting was adjourned at 2:00 p.m.
. .
� -- ~Cr-vScu"
lk n�� H -��n�^��~J� [leDDC�, °Brnnkl}n(-�n�mr
52 851kAJeDDC��O[th, Brooklyn p2F' . i1111"'\ 544 4(7 `3 )4��-8
November, 200
Dear Resident,
CONGRATULATKONSU YOUR NEIGHBORHOOD HAS BEEN SELECTED TO PARTICIPATE
IN ANEW ANDUNGVATUVE RECYCLING PROGRAM3
Your City, mom member ofthe ^'HRG" HENydEPUyJ RECYCLING GROUP cities of Crystal, New Hope and
Brooklyn Center, has received a grant from the Hennepin County Board of Commissioners to study a new
recycling collection system in three HR8neighborhoods. There will bmN(3 extra cost to you orto your city
for this study. This system will be the first of its kind in the mid-west, and if proven successful and popular,
may be expanded citywide.
Your Mayor and Council and the "HRG" Board of Directors ask that you cooperate with "HRG"
administration and Waste Management, our program contractor, during this pilot study period in order that
wm have m successful study. Please read and follow all information and instructions carefully. You will bm
sent a calendar magnet that will serve as a convenient reminder of your every-other-week day for recycling,
and it will list the convenient rules for recycling materials. All questions and comments should bedirected
to Marilynn Corcnnsn. HRG program administrator, 763-493-8006.
Beginning the last week in January and first week in February 2001 you will be delivered a mid-size, 64
gallon heavy duty green ^RECYCLEW1OB|LE^cart with o hinged lid and wheels, similar tn the common
seen garbage cart. |t will be labeled with recycling instructions. USE 0[UN PLACE OF YOUR GREEN
RECYCLING BIN. The larger size should allow you to easily contain two weeks recyclables. The footprint
or floor space required to store it should be very little larger than your current green bin.
Collection in the pilot areas in Crystal and New Hope will begin Wednesday, February 28 and in Brooklyn
Center, Thursday March 1. Your recycling will be collected every-other-week on your regular garbage
day the months of March, April, May and June and may be extended, if deemed necessary.
Please place all of your acceptable recyclable containers (clean glass jars, metal cans and narrow neck
plastic bottles), and all acceptable paper fiber (newspaper, junk mail, magazines, paper board), loose,
directly into the cart.
Every-other-week you will then roll your cart to the curb, placing it on the opposite side of driveway from
your garbage container, with front facing street and handle facing your house. Your cart will be
mechanically emptied by a special collection truck equipped with a mechanical lift arm. Ronyn|mb|ea will be
�
taken to a new sorting facility where the material will continue to be sorted, weighed, measured and
prepared for shipment to processing facilities to be re-manufactured into new items.
The objective of this pilot project is to introduce and test a new and innovative collection system to the area
�
that hopefully will prove to be convenient and user friendly, increase waste reduction and participation and
�
reduce truck traffic esvve continue U»...
�
�
� RE@UCE — FKEUSE — pKECYCLE
At the conclusion of the pilot project you will receive a survey. Your response and comments will aide us in
the evaluation of the new co- mingled automated roll cart system and the change from every week service
to every- other -week service. We will carefully evaluate any increase or decrease in participation, increase
or decrease in the amount of material recycled and overall acceptance by you and your neighbors to the
new program.
Operating and collection issues will be carefully evaluated, measuring time to collect, difficulty in sorting the
co- mingled materials, how much contamination or unacceptable materials are collected compared to the
current weekly two -sort bin system.
The Crystal pilot area has 195 households and includes the south 1/2 of 47 Ave. from Nevada to
Hampshire; the east 1/2 of Nevada from 47 to 45 t he north 1/2 of 45 from Nevada to Hampshire; and
the west 1/2 of Hampshire from 47 to 45
The New Hope pilot area has 195 households and includes the south 1/2 of 49 Ave. from Erickson Drive
to Boone; all of Erickson Drive; 47 Avenue from Hwy#169 to Boone; and the west 1/2 of Boone from 49
to 47
The Brooklyn Center area has 226 households and includes the south 1/2 of 63 from the back lot line of
Chowen to the back lot line of Brooklyn Drive; Chowen South to 62nd. 62nd. east to the back lot line of
Beard south to 61 the north 1/2 of 61 from Beard to Xerxes; the west 1/2 of Xerxes from 61' to 62nd ;
62 "d . east to Brooklyn Drive; Brooklyn Drive from 62 "d . to 63`
If you plan to be away from your residence during any part of this pilot project (January through
June), or if you have special needs such as handicap or language barrier, please contact
administration at 763 - 493 -8006, Marilynn and special arrangements will be made.
Thank you for your cooperation. We are enthusiastically looking forward to a successful project!
Sincerely, r�
"HRG" Board of DireJtors & Waste Management
Marilynn Corcoran — Administrator
nv ffixpc
HRG - � 1
`�?00 85th A% Nolah, 11reoklyn M;N' ` 7 63) , 49`-8006
RECYCLE "MO"BILE
IS
COMING SOON TO
YOUR NEIGHBORHOOD
0
Between February I and February 9 0
We will be Delivering to you a
Recycle 11 bile"
Green cart on wheels, just in time
for the kick-off of the "HRG
ONE-SORT, EVERY-OTHER WEEK
pilot recycling collection program.
Collection will begin in the Crystal
and in the New Hope pilot areas on
Wednesday, February 28, and will begin
Thursday March I in the Brooklyn Center area.
Attached to your cart will be a plastic re-useable
litter bag containing a refrigerator magnet that will
have program instructions, a calendar of the dates
for collection and telephone numbers for your questions.
Please review all materials carefully.
Recycle 11 bile" should be set at the curb by 6:30 a.m. on your
collection day with handle facing the house, across the driveway
from the garbage cart.
If you have questions about the program or about customer
service issues, please call 763-493-8006.
Or
NOTE: Your garbage will continue to be collected WEEKLY on your regular
service day. Only your recycling will be EVERY-OTHER WEEK. A-
0
This Is a cooperative pilot program of Hennepin County Board of Commissioners and
Waste Management.
YES RGHennepin Recycling Group NO
• Garbage, food waste, diapers,
• Glass Bottles & Jars Crystal New Hope Brooklyn Center paper plates
• Meat a dairy plastic or paper
• Metal Beverage and food cans .�
• Plastic Bottles with packaging
narrow neck • • wax or Plastic wrap or bags
• Paper from news, magazines, • Freezer food packaging
�.,,,• A ,�
junk mail, Dry non-coated food p • Plastic deli, produce or take -
paper ba dvard, small flat out packaging or utensils
pieces of corrugated I • Plastic bags or wrapping film
cardboard box material. 0 • Formed or pellet styrofoam
packaging
TOGETHER - LOOSE - MIXED WERT IMTH A W=K you reel • Window glass, ceramics or
INSIDE "RECYCLEMOBILE" CART PROGRAM AlDYIMISTAATION Md t � � dishware, mirrors, right bulbs
(763) 493.8007 IN handle the houa&
i3
I wo HRG
%9; .,x .s Gro,
;200 85t-,N Nort! Br, P - � , 44` `
"HRG" RecycleMobile Pilot Program Survey
Please circle one choice only:
How would you rate the: Very
Poor Fair Good Good Excellent NA
1. The "RecycleMobile" Program overall 1 2 3 4 5 6
2. The Cart 1 2 3 4 5 6
Size 1 2 3 4 5 6
Ease in set- out at curb 1 2 3 4 5 6
Appearance 1 2 3 4 5 6
Quality 1 2 3 4 5 6
Storage
3. One-Sort Recycling System 1 2 3 4 5 6
4. Every other week service 1 2 3 4 5 6
5. Education Pieces/Communication with Residents
Refrigerator Magnet 1 2 3 4 5 6
Introductory Letters 1 2 3 4 5 6
Follow-up Letters 1 2 3 4 5 6
Survey 1 2 3 4 5 6
6. Appearance of your Neighborhood
Carts.set at curb recycling week 1 2 3 4 5 6
Off Week storage of carts 1 2 3 4 5 6
Litter 1 2 3 4 5 6
7. Recycling Collection truck 1 2 3 4 5 6
Fewer truck trips (every-other week) 1 2 3 4 5 6
Noise 1 2 3 4 5 6
8. Customer Service
Administration 1 2 3 4 5 6
Driver/Contractor 1 2 3 4 5 6
9. Service Reliability 1 2 3 4 5 6
Over
Less Same More
10. With the "RecycleMobile Cart program I recycle
Frequency Less Same More
Quantity Less Same More
11. I support implementing the "RecycleMobile"
cart program permanently YES NO
12 Even if it meant that my Recycling Service charge would be YES NO
slightly higher
13. I prefer the every -week small bin program YES NO
Comments
OPTIONAL:
Name Address
Telephone Number
PLEASE RETURN SURVEYIN THE ENCLOSED SELFADDRESSED, STAMPED ENVELOPE BY
MAY 25, 2001
Thank you for taking the time to complete this survey and return it to our Administrative Office. Your input is
important to us and will be strongly considered when we make our decisions regarding this new and innovative
program. Careful monitoring of participation and recyclable materials quantities has been recorded throughout
the term of the pilot and that information will also be strongly considered. Sincerely, "HRG" Board of
Directors.
If you have any questions regarding this survey or the "RecycleMobile" program and its future, please contact
Marilynn at 763 - 493 -8007.
f
"HRU" RecycleMobile Pilot Program Survey
Please circle one choice only:
How would you rate the: very
Poor Fair Good Good Excellent NA
1. The "RecycleMobile" Program overall 1 2 3 45 6
2. The Cart 1 2 3 4 (5 6
Size 1 2 3 4 6
Ease in set- out at curb 1 2 3 4 C 5 6
Appearance 1 2 3 4 - 5 6
Quality 1 2 3 4 �5 6
Storage
3. One -Sort Recycling System 1 2 3 45 -` 6
4. Every other week service 1 2 3 4 C J 6
5. Education Pieces/Communication with Residents
Refrigerator Magnet 1 2 3 4 6
Introductory Letters 1 2 3 4 6
Follow -up Letters 1 2 3 4 6
Survey 1 2 3 4 5 6
6. Appearance of your Neighborhood
Carts set at curb recycling week 1 2 3 4 (5. 6
Off Week storage of carts l 2. 3 4 ( ` 6
Litter 1 2 3 4 5 6.
7. Recycling Collection truck 1 2 3 4 5 6
Fewer truck trips (every -other week) 1 2 3 4 �=` 6
Noise 1 2 3 4 5 6
8. Customer Service
Administration 1 2 3 4 5, 6
Driver /Contractor 1 2 3 4 ( 6
9. Service Reliability 1 2 3 4 5� 6
Over
Less Same More
10. With the "RecycleMobile Cart program I recycle
Frequency Less Same More
Quantity Less Same CM
11. 1 support implementing the "RecycleMobile"
cart program permanently YES,. NO
12 Even if it meant that my Recycling Service charge would be (YES" NO
slightly higher
13. 1 prefer the every-week small bin program NO
Comments C7 L-if./ 4
OPTIONAL:
Name V! 'V) i e"4 Address J 4:
Telephone Number C
PLEASE RETURNSURVEYIN THE ENCLOSED SELFADDRESSED, STAMPED ENVELOPE BY
MAY 25,2001
'1 1- hank you for taking the time to complete this survey and return it to our Administrative Office. Your input is
important to us and will be strongly considered when we make our decisions regarding this new and innovative
program. Careful monitoring of participation and recyclable materials quantities has been recorded throughout
tPhe term of the pilot and that information will also be strongly considered. Sincerely, "HRG " Board of
Directors.
you have any questions regarding this survey or the "RecycleMobile" program and its future, please contact
Manflynn at 763 - 493 -8007.
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"RG" RecycleMobile Pilot Program Survey
Please circle one choice only:
How would you rate the: very
Poor Fair Good Good Excellent NA
1. The "RecycleMobile" Program overall 1 2 3 4 5. -/ 6
2. The Cart 1 2 34.: 5- 6
Size 1 2 3 4 5! 6
Ease in set- out at curb 1 2 3 4 z�5 6
Appearance 1 2 3 4 6
Quality 1 2 3 4 (5 6
Storage
3. One -Sort Recycling System 1 2 3 4 r'S 6
4. Every other week service 1 2 3 4 X65 ,' 6
5. Education Pieces/Communication with Residents
Refrigerator Magnet 1 2 3 4 ;45 6
Introductory Letters 1 2 3 4 6
Follow -up Letters 1 2 3 4 5 6
Survey 1 2 3 4 6
6. Appearance of your Neighborhood
Carts set at curb recycling week 1 2 3 4 t 5 ,x 6
Off Week storage of carts l 2 3 4 6
Litter (>,., rj1.<.s r:l' F. ° -_ 1 2 3 4 t�5 6
7. Recycling Collection truck 1 2 3 4 5 6
Fewer truck trips (every -other week) 1 2 3 4 L5-- 6
Noise 1 2 3 4 5 6
8. Customer Service
Administration 1 2 3 4 5
Driver/Contractor 1 2 3 4 5
9. Service Reliability 1 2 3 4 5? 6
I .4
Over
Less Same More
10. With the "RecycleMobile Cart program I recycle
Frequency Less I s More
Quantity Less ��S More
11. 1 support implementing the "RecycleMobile"
cart program permanently YES/ NO
12 Even if it meant that my Recycling Service charge would be YES NO
slightly higher
13. 1 prefer the every-week small bin program YES NO
Comments
-7� 1 z f= OPTIONAL. t''
Name Address
Telephone Number
PLEASE RETURNSURVEYIN THE ENCLOSED SELFADDRESSED, STAMPED ENVELOPE BY
MAY 25, 2001
Thank you for taking the time to complete this survey and return it to our Administrative Office. Your input is
important to us and will be strongly considered when we make our decisions regarding this new and innovative
program. Careful monitoring of participation and recyclable materials quantities has been recorded throughout
the term of the pilot and that information will also be strongly considered, Sincerely, "HRG " Board of
Directors.
If you have any questions regarding this survey or the "RecycleMobile" program and its future, please contact
Marilynn at 763-493-8007.
x
"HRG" RecycleMobile Pilot Program Survey
Please circle one choice only:
How would you rate the Very
Poor Fair Good Good Excellent NA
1. The "RecycleMobile" Program overall 1 2 (3 s 4 5 6
2. The Cart 3 4 5 6
Size I 3 4 5 6
Ease in set- out at curb 1 2 1 3 4 5 6
Appearance 1 2 { 3 4 5 6
Quality 1 23 4 5 6
Storage
3. One -Sort Recycling System 1 2 3 i4,: 5 6
4. Every other week service 1 2 3 4,: 5 6
5. Education Pieces/Communication with Residents
Refrigerator Magnet 1 2 4 5 6
Introductory Letters 1 2 �3_ - 4 5 6
Follow -up Letters 1 2 3' 4 5 6
Survey 1 2 '3: 4 5 6
6. Appearance of your Neighborhood
Carts set at curb recycling week 1 2 3 �4 5 6
Off Week storage of carts l 2 3 4 5 6
Litter 1 2 3 4 5 6
7. Recycling Collection truck 1 2 3 ;�4 5 6
Fewer truck trips (every -other week) 1 2 3 4 5 6
Noise 1 2 3 i 4 5 6
8. Customer Service
Administration 1 2 3 4 5 6
Driver /Contractor 1 2 3 :4 ' 5 6
9. Service Reliability 1 2 3 4 5 6
Over
Less Same More
10. with the "RecycleMobile Cart program I recycle
Frequency Less Same,. More
Quantity Less - game, More
11. I support implementing the "RecycleMobile"
cart program permanently YES' NO
12 Even if it meant that my Recycling Service charge would be YES NO
slightly higher
13. 1 prefer the every -week small bin program YES NO
Comments
OPTIONAL:
Name Address
Telephone Number
PLEASE RETURN SURVEY IN THE ENCLOSED SELFADDRESSED, STAMPED ENVELOPE BY
MA Y 25, 2001
Thank you for taking the time to complete this survey and return it to our Administrative Office. Your input is
important to us and will be strongly considered when we make our decisions regarding this new and innovative
program. Careful monitoring of participation and recyclable materials quantities has been recorded throughout
the term of the pilot and that information will also be strongly considered. Sincerely, "HRG" Board of
Directors.
If you have any questions regarding this survey or the "RecycleMobile" program and its future, please contact
Marilynn at 763- 493 -8007.
i
" HRG "
Household Count (21,658) Crystal (7,694), New Hope (5,136),
Brooklyn Center (8,228)
Cost Analysis — Recycling /Solid Waste Proposed Program
2002 and Beyond
Current 18 gallon bin collected weekly — two sort
$2.15 per household /month
$2.05 Contract Cost
.05 Administration — yard waste, public education, bins
.05 Retained by each city for billing administration
$2.15 /month = $25.80 /year
Proposed Cart Program 60 gallon cart collected bi- weekly -one sort
$2.25 Contract Cost
.05 Administration - yard waste, public education, bins
.05 Retained for each city for billing administration
$2.35 /month = $28.20 /year
Proposed current 18 gallon bin collected weekly but adding annual curbside community
cleanup
$2.05 Contract Cost
.05 Administration — yard waste, public education, bins
.05 Retained for each city for billing administration
1.12 Cleanup cost
$3.27 /month = $39.24 /year
Proposed 60 gallon bi- weekly 60 gallon cart program and added annual curbside community
cleanup
$2.25 Contract Cost
.05 Administration — yard waste, public education, bins
.05 Retained for each city for billing administration
1.12 Cleanup cost
$3.47 /month (recommend rounding to $3.50) = $42.00 /year
I: \RECYCLE \WPFILES \HRG\2001 contract Cost Analysis.doc
5 -14 -01
PROPOSAL to Add
"HRG" ANNUAL CITY WIDE CLEAN -UP COLLECTION
Background: Code enforcement issues and residents general desire to clean-
up their lots and households have brought forward many inquiries about how we
could make it easier and more convenient for people to get rid of stuff, especially
those residents who may not have equipment or vehicles, or be physically able to
haul to a special drop -off site.
The "HRG" cities have provided their residents a drop -off for certain materials
since the program began in 1989 and have participated for the last six years in a
four -city "Special Materials" drop -off day which has been very successful, taking
many materials in for recycling and re- processing. In addition to the "Special
Materials" event, New Hope has also had a drop -off at their Public Works facility
for certain debris type materials. The cost to "HRG" for the special materials
events is $14.000 and the cost to New Hope for their drop -off day is
approximately $20,000 annually.
This proposed curbside program would collect items that are not now accepted at
"Special Materials" and would divert some of the "Special Materials" items to the
Hennepin Transfer Station in Brooklyn Park and other sites in NW Hennepin
County.
Waste Management, the contractor providing the curbside collection for
recyclables, has offered to add, for a fee of approximately $13.00 per year (still to
be negotiated) a new component to the contract that would expand the current
service level to include a once -a -year curbside, by zone, of items such as
• General junk
• Carpet and pad
• Lumber
• Mattress /box spring
• Scrap metal
• Appliances (Limit 2)
• Unusable furniture
• Construction materials
• Brush
All acceptable items would have detailed weight limit instructions, size
limitations, preparation rules etc.
This is not a new idea but modeled after a program that has been ongoing in the
City of Bloomington since 1998 (4 years), with great acceptance and success.
(see attached Bloomington information. The dynamics, demographics, housin
g ) Y 9
stock etc. are enough similar to make fair comparisons.
I�
Possible
Outcomes:
• The challenge now heard from residents when asked to clean -up would be
neutralized because the service would be available every year.
• Residents would plan for clean -up collection and city staff could use this
opportunity to positively encourage all residents to participate through the
use of newsletters, cable TV, special information flyers, local newspapers.
• Neighbors would help each other in getting materials to the curb for
collection
• The benefit would for all — a cleaner neighborhood, and the cost would be
shared equitably.
• All residents of all abilities would be able to access this service.
Possible Negatives:
• Junk left at the curb for longer than the designated week of collection.
(Bloomington has a mechanism for ticketing non - compliance)
• Junk from other cities being brought in. (With many cities now providing
this service, particularly neighboring cities, this issues should be
minimized)
• Residents angry about having to pay for a service they claim they will not
need. (Bloomington has found that, after the first year, those claims
disappear because everyone has something to get rid of sometime. This
year participation has shown to be 82% of households setting items out for
collection).
The City of Bloomington went out for bid and awarded the curbside cleanup to
their hauler of choice because they do not have a contract with a contract hauler
for curbside recycling collection. Bloomington's 27,418 single - family homes and
town homes all receive this service and all homes are charged as a utility a fee
of $9.00 per year, with additional subsidy from the City.
Funding: (See attached "Cost Analysis ")
It is suggested that this program be considered to be added to the contract to be
negotiated for years 2002 -2006, and that it be funded by an increase of
approximately $1.12 in the monthly "RS" charge, either for the entire amount of
the contract cost, and /or use some of the "RS" reserve funds to pay a portion of
the annual cost, reducing the increase added to all residential utility bills.
Attachments: Copy of Bloomington Program Brochure
Cost Analysis Work Sheet
o I - C ect i
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27TH AVE NI ED LK RD
Crystal/New Hope
Monday: West of Brooklyn Center/Robbinsdale Boundary, North of Medicine Lake Road, East of
Douglas Drive County Road 81, South of 62nd Avenue.
Tuesday: West of Douglas Drive, North of Medicine Lake Road, East of Highway 169, South of 42nd
Avenue.
Wednesday: West of Douglas Drive/county Road 81, North of 42nd Avenue, East of Highway 169, South
of 62nd Avenue North.
Brooklyn Center
Thursday: West of Brooklyn Boulevard/1-94/Hwy 100, North of Robbinsdale Boundary, East of
Noble/Brooklyn Park Boundary, South of 73rd.
Friday: West of Mississippi, North of 53rd, East of Hwy 100/1-94/Brooklyn Boulevard, South of 73rd.
bsid
1, sponsors Cur e Clean r
Ps
he Bloomington City
Council has approved a - u s �_ Schedule
c - wide' curbside clean
_tY' _
up Any, resident who Ives, in a 1998 1999
single family` home, duplex or- Regular - Curbside Curbside
four Alex `and currently pays a Location trash pick -up is pick -up is
fee =ma antic cycling) utility day:is: Saturday: Saturday:
sold was
y p ipate . (hook' =on
East of Portland '.Monday August 8 June 19
Y
our Water Utility bill for a
"ItE" charge :There :will, be no~ Portland to Penn Tuesdays August 15 June 12
.�
direct char g a or this curb-
Penn t rance Wednesday August 22 May 22
side service The program wi11 France to 1V
4 a Au ust 29 Ma 1
be paid using past and current Y g Y 5
ormandale Thursd
revenues;colleehr ough
t t the == West of Normandale Friday September 19 May 8
I'd waste utility fee,
'Townhouse /Cbndotnuuuu�
Residents. If,you set a trash Do not put materials out more than two clays before your
can out each -week ,you may be scheduled pick -up:
eligible to participate
Check':-- ♦ ,Set materials at the curb. before 7 a.m. on your curbside
w�tli your association or prof pick -up days.
city management company to
see if you, pay the:Cty for., Trucks will go through only once on your scheduled
re ` clm services day. If you miss your curbside pick -up; please call your
CY g
Senior or residents who _are regular trash hauler vvho will pick up your refuse _for a fee.
disabled Unable to the _ If you have questions, please call the City of
materials? : Contact your Crime - Bloomington's Recycling Division at
Watch block captains they
are coordinating help or :call
the Human Services. E elpline
'- at = (612948 3957 =
v/rr�D Curbside pick -UP 'r its
easy
lilt ; inelfPensiv .
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4
! General junk: No household trash, such as food. Boxed or
bundled — under 100 pounds per item.
! Hazardous waste: Motor
! Carpets /carpet pads:
oil, paints, solvents and
Rolled and securely tied. other household chemicals.
¢.�
No longer than five feet 1 - !Fires and batteries.
and no cider than one ! Electronic goods: Ti's,
foot in diameter - larger computers, stereos.
rolls cause handling problems. ._ ! Recyclable materials:
f., Bottles, cans, paper.
♦ Lumber: Stack and bend nails. ♦ Gas appliances: Camper.
No longer than five feet — and other refrigerators, air
NO railroad ties. conditioners - Call ahead
( 6 1 1 2))45 -7485.
♦ Mattresses/box springs.
Hennepin County Problem
! Scrap metal, such as chain link fences and bicycles: 141aterials Center
Preferred option — recycle scrap metal and take it to the 1400 West 96th Street,
Hennepin County Problem :Materials Center. (612)_348 -898
Houts: Tuesday -Friday,
! Appliances: Refrigerators, washers, dryers, stoves, 10 L"' - 7 6p.m.; Saturday,
microwaves, air conditioners, dehumidifiers. Limited to two 8 a. m. - 4 p. m.
appliances per house. For pick -tap or tnore information, tl fee is chczraed for some
call (610930 -1828 by 4: 30 p. m., the Friday before your items. such as tires, appli-
pick -up date. Lances and brush.
♦ Unusable furni- �-- $'—► 4 � ±► shingles /siding
ture: Disassemble 2v 4 147 Pine Bend Landfill,
hide - a - way beds so they Inver Grove Heights
cannot open during han (612)457 - 2778
dling.
! Construction ! Concrete/bricks
materials: Pile lim- ! Porcelain (Tubs, sinks)
ited to what can fit = ! Shingles (No asbestos)
in a level standard ; ; Kraemers Landfill,
size pickup truck. Y Btat (612)890 -3248
No contractor materials.
! Propane tanks
! Brush: Smaller than four inches in diameter; bundled in ivntrogras, (612)529 -9276
five foot lengths. i
All fluids must be drained from items to be collected. ", Stumps
SIiB. S17�r1 opec�,
161 24 f" 2 17
® aye g rass cli
j
-
Kra a =air s �traicstitag,
B:r, ,1.s: 1"1 , 1612)890 -3611
" HRG "
Household Count (21,658) Crystal (7,694), New Hope (5,136),
Brooklyn Center (8,228)
Cost Analysis — Recycling /Solid Waste Proposed Program
2002 and Beyond
Current 18 gallon bin collected weekly — two sort
$2.15 per household /month
$2.05 Contract Cost
.05 Administration — yard waste, public education, bins
.05 Retained by each city for billing administration
$2.15 /month = $25.80 /year
Proposed Cart Program 60 gallon cart collected bi- weekly -one sort
$2.25 Contract Cost
.05 Administration — yard waste, public education, bins
.05 Retained for each city for billing administration
$2.35 /month = $28.20 /year
Proposed current 18 gallon bin collected weekly but adding annual curbside community
cleanup
$2.05 Contract Cost
.05 Administration — yard waste, public education, bins
.05 Retained for each city for billing administration
1.12 Cleanup cost
$3.27 /month = $39.24 /year
Proposed 60 gallon bi- weekly 60 gallon cart program and added annual curbside community
cleanup
$2.25 Contract Cost
.05 Administration — yard waste, public education, bins
.05 Retained for each city for billing administration
1.12 Cleanup cost
$3.47 /month (recommend rounding to $3.50) = $42.00 /year
I: \RECYCLE \WPFILES \HRG\2001 contract Cost Analysis.doc
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: May 9, 2001
Re: Hennepin Recycling Group
Marilyn Corcoran will be making a presentation to the City Council regarding a method
of recycling using roll -out carts citywide and a proposal to have a city clean-up pick up
once a year. The increased costs are relatively minor per residence for these proposals.
The experimental use of roll -out carts for recycling has been well received. Roll -out
carts should eliminate many of the problems with recyclables blowing around. The ability
to have residents place a wide variety of materials at the curb for a general pick -up could
also compliment our code enforcement and general clean-up efforts.
6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number
IN
Brooklyn Center, MN 55430 -2199 (763) 569 -3400
City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434
FAX (763) 569 -3494
City of Brooklyn Center
A Millennium Community
MEMORANDUM
DATE: May 9, 2001
TO: Michael McCauley, City Manager
J
FROM: Jim Glasoe, Director of Community Activities Recreation and Services
SUBJECT: HRG Recycling /Solid Waste Contract
In late February of this year, the HRG cities (Brooklyn Center, Crystal and New Hope) began a
"pilot' recycling program in a small section of each HRG community. In the pilot areas, all
households were provided a larger recycling container with wheels and a lid. Recycled items are
placed in the bin and do not have to be separated. The bins are collected on an every -other week
basis, instead of the normal once a week pick up.
Response to the program has been excellent. Average participation in the cities has been almost
80 %, with little or no complaints. Both the residents and the vendor see tremendous potential for
this new collection system.
At the end of this year, the HRG contract for curbside recycling services expires. In discussing
the options for contract renewal, the HRG Board is considering extending the current contract
and carrying out the new program in all of the HRG Cities.
Waste Management has offered to extend the program to all residents at a cost of $2.25 per
household, per month. This is a 20 cents per month increase over the current contract rates.
In addition to the revised recycling program, Waste Management has offered to provide each
HRG community a citywide cleanup day once each year for a cost of $1.12 per household. On
this date, residents can dispose of unlimitied refuse, appliances, brush and other miscellaneous
items at curbside. A cost analysis of the above items is attached.
HRG Administrator Marilynn Corcoran will be at the City Council meeting on May 14 to
provide further details on the success of the pilot program, explain the proposed citywide clean
up program and answer questions.
attach (1)
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
Cost Analysis -- Recycling /Solid Waste
2002 and Beyond
Current RS Charge
$2.15 per household /month
$2.05 Contract Cost
.05 Administration — yard waste, public education, bins
.05 Retained by each city for billing administration
$2.15 /month = $25.80 /year
Proposed Charge with Cart Program
$2.25 Contract Cost
.05 Administration — yard waste, public education, bins
.05 Retained for each city for billing administration
$2.35 /month = $28.20 /year
r
Proposed Charge with Existing Bin Program and Cleanup
$2.05 Contract Cost
.05 Administration — yard waste, public education, bins
.05 Retained for each city for billing administration
1.12 Cleanup cost
$3.27 /morith = $39.24 /year
Proposed Charge with Cart Program and Cleanup
$2.25 Contract Cost
.05 Administration — yard waste, public education, bins
.05 Retained for each city for billing administration
1.12 Cleanup cost
$3.47 /month (recommend rounding to $3.50) _ $42.00 /year
MADMIMWPHLEM MARILYWCOST ANALYSIS.DOC
City of Brooklyn Center
A Millennium Community
To: Mayor Kragness and Council Members Lasman, Nelson, Peppe, and Ricker
From: Michael J. McCaule! 4.,�
City Manager
Date: May 9, 2001
Re: District 281 Grant Writing Funding Request
Attached is correspondence from Mayor Anderson of Golden Valley soliciting funding
for a District 281 grant writing proposal. I have reviewed this request with Kathleen
Roach of Northwest Hennepin Human Services Council. Her initial review indicated
concerns that this proposal duplicates efforts undertaken by Northwest Hennepin Human
Services Council. We participate in the Northwest Hennepin Human Services Council for
these very purposes of coordinating social service issues and grant applications on a
cooperative basis with our neighboring cities.
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
''Robb�daleAreaSd�oo�''•.
Robbinsdale Area Schools
r
4148 Winnetka Ave. N. " ".
New Hope, MN 55427 -1288 ,
(763) 504 -8025
MEMORANDUM
DATE: May 1, 2001
TO: City Managers of cities in Robbinsdale School District 281
FROM: Mary Anderson, Mayor City of Golden Valley
RE: Information enclosed related to Cooperative Effort to Access Grant Funds
Please distribute as you feel appropriate. I will contact you in the next several
weeks to further discuss this request.
The Reach Out and Read partnership is a collaboration of schools, community members and businesses within the Robbinsdale
Area Schools community. The goals of Reach Out and Read are to improve student achievement, to increase the frequency of reading
and to build literancy and reading skills for people of all ages.
''RMIS&kAceaSdao�'
Canme�y P
Robbinsdale Area Schools
4148 Winnetka Ave. N. " "'
New Hope, MN 55427 -1288
(763) 504 -8025 MEMORANDUM 1
Date: May 1, 2001
To: City Councils and Managers of Cities in Robbinsdale School District 281
From: Melodie Hanson, Robbinsdale Dist. 281 Redesign and Mary Anderson, Mayor Golden
Valley.
Re: School District/City Cooperative Effort To Access Grant Funds
At the March 6, 2001 meeting of the Robbinsdale District 281 Superintendent's Government
Advisory Council, we described a proposal for a school district and city cooperative effort to
access grant funds for programs and initiatives that benefit the children and families in our area.
We suggested the school district and cities contribute an initial amount to fund a grant writer to
begin the project. The Robbinsdale District 281 Redesign is committed to matching all
contributions. Robbinsdale District 281 Community Education has committed $3000. We are
asking each city to consider contributing $3000 for this "start up" effort. The Robbinsdale 281
Redesign would be the fiscal agent.
This initial funding would be used to hire a grant writer whose first task would to interview
representatives of each of the participating groups. This interview would identify and document
all the possible opportunities for collaborative and individual programs to be considered for grant
application.
When the potential opportunities have been identified they would be categorized as either
collaborative or individual. The grant writer would help us prioritize and the priority listing
would be reviewed and hopefully agreed to by the Superindendent's Government Advisory
Council. The grant writer would then proceed to implement the project.
At the point where the initial funding is depleted the costs would be shared by the participants in
each grant.
We are enclosing the information presented at the March 6, 2001 meeting. This describes some
current and potential programs that could benefit from such an effort. This letter is being
distributed at the May 1, 2001 meeting of the Government Advisory Council. We will call within
the next two weeks to further discuss this request. The Golden Valley City Council is considering
this request at its May 1, 2001 meeting. We do hope you will consider the request positively.
The Reach Out and Read partnership is a collaboration of schools, community members and businesses within the Robbinsdale
Area Schools community. The goals of Reach Out and Read are to improve student achievement, to increase the frequency of reading
and to build literancy and reading skills for people of all ages.
L
529
Concept Proposal to Superintendent's Government Advisory Council
March 6, 2001
Concept: A multi jurisdictional fundraising approach between ISD #28 and the seven
municipalities within the geographic boundaries of ISD #281.
Purpose: To create synergy, momentum and support for programming and initiatives
that have shared outcomes and impact across ISD #281 schools and geographic municipal
boundaries.
rrrrrrrrrrrrrrrrrrrrrrrrrrtrrrrrrrrr ■
Existing Examples of Shared Projects/Initiatives/Outcomes that cross school and
municipal boundaries:
• Suspended Off the Streets (SOS)
• Reach Out and Read
• North Suburban Tobacco Diversion, Education and Cessation Project
• North Suburban Violence Coalition
• Crystal Youth Athletic Program
• YMCA Middle School Programming
• Point Northwest
• Emergency Child Care Assistance
• Community Ahead
Possible Additional Examples of Shared Prgierts/Init Ives /Outcomes:.
• Housing Support
• After-school programming
• Enterprise Development
• Transportation Collaborations
• Employment Assistance
• New Immigrant/Refugee support/assistance/education
• Child Care Assistance
• Diversion Programs - youth/adult
• Mental Health Support and Education
• Neighborhood Programs
• Others - Emerging issues/ideas
Proposal: $3,000 from each municipality out of the city's general fund and $3,000
from ISD #281 a Redesign will match each dollar contributed. If all seven cities and
school district participated, Redesign would match $24,000, for a total combined
fundraising fund of $48,000. These funds would be used to contract with a professional
fundraising team to maximize additional funds in areas identified by an oversight team.
Oversi ht/Management Team could be:
• Existing Superintendent's Government Advisory Team
• Self - selected team of volunteers
• Pre - existing group
• Appointed team from all partners
• Other
C of Brooklyn Center
2001 Assessed Values and Acreage
, $64,400
Ecempl ^
$6,100,000 0.Y4
5.581 $1,100,000 $506,800
City Owned Exempt M
6.142 3.686
$395,000
6.616
$5,930,000
5.057 --
56,394,400 $4,000,000
5.664 _ 6.344
Summit Drive
$7,985,100
$6,500,000 3.168
9.054
$1,610,000 _
4.262
$2,790,000
6.391
$2,005,000 $4,570,000
$705,000
3.001 3.946 5629,20 —
✓ .Set .876
oh A- $2 —
5805 700 �� 5.243 O�`ye $1,507,500
Q 7 0.867 3.089
2� $760,000 OIL $468,000
G �2 a a� a $2,300,000
1.605
$650,000
3.677
1.351
$2,520,000
$722,000
7.973 1.135 1.173
$475,0
$2,990,000
11.689
$4,700,000
23.097
$3,684,000
8.608
I
This map was created on May 14, 2001 for illustrative purpose only.
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000`009`9$
OOL`998$
$855,700 1.805 $6,500,000 9.054
$760,000 1.605 $2,790,000 6.391
$650,000 1.351 $468,000 0.867
$727,000 1.173 $2,990,000 11.689
$475,000 1.135 $2,200,000 5.243
$2,520,000 7.973 $2,005,000 3.011
$4,700,000 23.097 $705,000 1.581
$3,684,000 8.0608 $17,658,000 37.836 acres
$14,371,700 46.1998 acres
Total of both $32,029,700
Public Copy
CITY COUNCIL MEETING
City of Brooklyn Center
May 14, 2001 AGENDA
1. Informal Open Forum With City Council - 6:45 p.m.
- provides an opportunity for the public to address the Council on items which are not on the
agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be
used to make personal attacks, to air personality grievances, to make political endorsements,
or for political campaign purposes. Council Members will not enter into a dialogue with
citizens. Questions from the Council will be for clarification only. Open Forum will not be
used as a time for problem solving or reacting to the comments made but, rather, for hearing
the citizen for informational purposes only.
2. Opening Ceremonies
a. Invocation - 7 p.m.
b. Administer Ceremonial Oath of Office
3. Call to Order Regular Business Meeting
4. Roll Call
5. Council Report
6. 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 ofthese items unless a Councilmember
so requests, in which event the item will be removed from the consent agenda and
considered at the end of Council Consideration Items.
a. Approval of Minutes
- Councilmembers not present at meetings will be recorded as abstaining from the vote
on the minutes.
1. April 18, 2001 - Special Session
2. April 23, 2001 - Study Session
3. April 23, 2001 - Regular Session
4. May 2, 2001 — Special Session
5. May 7, 2001 — Board of Equalization
b. Licenses
I
CITY COUNCIL AGENDA -2- May 14, 2001
C. Approval on New On -Sale Intoxicating Class B Liquor License for Brooklyn
Property LLC dba Holiday Inn North
7. Appearances
-Trung Nguyen, DARE Graduate and DARE Officers Messenbrink and
Coleman
8. Recognition of Brooklyn Center Police Explorer Post 888
- Resolution Congratulating Brooklyn Center Police Explorer Post 888
9. Public Hearings
a. Animal Regulations
1. An Ordinance Amending Chapter 1 of the City Ordinances Eliminating Dog
Licenses
2. An Ordinance Amending Chapter 19 of the City Ordinances Regarding
Limitations on Keeping of Animals
• Requested Council Action:
. -Open the public hearing.
-Take public input.
-Close the public hearing.
- Motion to adopt ordinances.
b. An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning
Classification of Certain Land (Riverwood Estates)
• Requested Council Action:
-Open the public hearing.
-Take public input.
- Motion to table the ordinance until such time as the final plat is filed with
Hennepin County and the legal descriptions established.
10. Council Consideration Items
a. Proclamation Declaring May 20 -26, 2001, Public Works Week in Brooklyn Center
*Requested Council Action:
- Motion to adopt proclamation.
b. Proclamation Declaring May 13 Through 19, 2001, As Police Week
• Requested Council Action:
- Motion to adopt proclamation.
CITY COUNCIL AGENDA -3- May 14, 2001
C. Proclamation Declaring August 5, 2001, As National KidsDay
• Requested Council Action:
- Motion to adopt proclamation.
d. Resolution Accepting Engineer's Feasibility Report for Improvements to Willow
Lane
*Requested Council Action:
- Motion to adopt resolution.
e. Resolution Declaring Earle Brown Days as a Civic Event From June 21 Through
June 23, 2001
• Requested Council Action:
- Motion to adopt resolution.
f. Resolution of the City of Brooklyn Center, Minnesota Authorizing the Issuance of its
Variable Rate Demand Revenue Refunding Bonds (Brookdale Corporate Center II
Project), Series 2001 in the Aggregate Principal Amount of $8,100,000; Prescribing
the Form of and Authorizing the Execution of an Indenture of Trust, a Loan
Agreement and Certain Related Documents; Authorizing the Execution and Sale of
the Bonds and Directing Delivery Thereof; Consenting to the Distribution of the
Official Statement; and Providing for the Security, Rights, and Remedies of the
Owners of Said Revenue Bonds
• Requested Council Action:
- Motion to adopt resolution.
g. Resolution of the City of Brooklyn Center, Minnesota Authorizing the Issuance of its
Variable Rate Demand Revenue Refunding Bonds (Brookdale Corporate Center III
Project), Series 2001 in the Aggregate Principal Amount of $5,100,000; Prescribing
the Form of and Authorizing the Execution of an Indenture of Trust, a Loan
Agreement and Certain Related Documents; Authorizing the Execution and Sale of
the Bonds and Directing Delivery Thereof; Consenting to the Distribution of the
Official Statement; and Providing for the Security, Rights, and Remedies of the
Owners of Said Revenue Bonds
• Requested Council Action:
- Motion to adopt resolution.
h. Discussion of Rental License Fees
*Requested Council Action:
- Discussion and direction.
I
CITY COUNCIL AGENDA 4- May 14, 2001
i. Discussion of Massage Ordinance
• Requested Council Action:
- Discussion and direction.
j. Resolution Amending Certain Special Revenue Fund 2000 Budgets
• Requested Council Action:
- Motion to adopt resolution.
k. Status Report Re: New Centerbrook Storage Building
*Requested Council Action:
-None, report only.
1. Resolution in Support of After School Enrichment Grant Funding
-Requested Council Action:
- Motion to adopt resolution.
11. Adjournment
•
City Council Agenda Item No. 6a
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
SPECIAL SESSION
APRIL 18, 2001
CITY HALL
CALL TO ORDER
The Brooklyn Center City Council met in special session as an election canvass board and was called
to order by Mayor Myrna Kragness at 5 p.m.
ROLL CALL
Mayor Myrna Kragness, Councilmembers Kay Lasman, Ed Nelson, and Bob Peppe. Also present
were City Manager Michael McCauley, Assistant City Manager Jane Chambers, and City Clerk
Sharon Knutson.
CANVASS OF APRIL 17, 2001, SPECIAL PRIMARY ELECTION RETURNS
The Brooklyn Center City Council proceeded to canvass the City election returns from the various
• City precincts, reporting ballots cast in the City of Brooklyn Center contest as follows:
Office of City Council Member Ballot Count
Tim Ricker 363
Tim Willson 340
David Montray 5
Will Rogers 56
RESOLUTION NO. 2001-56
Upon completing the election canvass, member Kay Lasman introduced the following resolution and
moved its adoption:
RESOLUTION REGARDING CANVASS OF APRIL 17,200 1, SPECIAL PRIMARY ELECTION
The motion for the adoption of the foregoing resolution was duly seconded by member Bob Peppe,
and the motion passed unanimously.
04/18/01 -1- DRAFT
ADJOURNMENT
There was a motion by Councilmember Ed Nelson and seconded by Councilmember Kay Lasman to
adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council meeting
adjourned at 5:02 p.m.
City Clerk Mayor
•
04/18/01 -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
STUDY SESSION
APRIL 23, 2001
CONFERENCE ROOM B
CALL TO ORDER STUDY SESSION
The Brooklyn Center City Council met in study session and was called to order by Mayor Pro Tem
Kay Lasman at 6:00 p.m.
ROLL CALL
Mayor Pro Tem Kay Lasman and Councilmembers Ed Nelson and Bob Peppe. Mayor Myrna
Kragness was absent and excused. Also Present: City Manager Michael J. McCauley, Assistant
City Manager Jane Chambers, Public Works Director Diane Spector, and Deputy City Clerk Maria
Rosenbaum.
CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS
Council discussed agenda items 7a, 9b, 9c, 9e, 9f, 9g, and the additional agenda item 9h,
Resolution Amending Resolution No. 2000 -227 Setting Salaries and Benefits for the Calendar
Year 2001. At the time the agenda was prepared this item was not available and the non - police
members of Teamster Local 320 were de- certified on April 20, 2001, which means that a number
of positions are no longer covered by a collective bargaining agreement and have not had their
wages adjusted for 2001. This resolution would amend the 2001 pay plan to reflect the 3 percent
general 2001 wage increase.
NEW COUNCIL MEMBER ORIENTATION
Mayor Pro Tem Lasman asked if the new Council Member orientation could be rescheduled
since she will not be available on May 7, 2001.
Council discussed other possible dates and it was the consensus of the Council to cancel the May
7, 2001, 6:00 p.m. new Council Member orientation and reschedule for Monday, May 21, 2001,
at 6:00 p.m. This action will be added to the regular agenda as item 9i.
MISCELLANEOUS
Mayor Pro Tem Lasman reported that she participated in cleaning up for Earth Day and questioned
what could be done about the brush along the fencing at Marlin Park. Public Works Director Diane
. Spector discussed that letters could be sent regarding the issue.
04/23/01 -1- DRAFT
ADJOURNMENT
A motion by Councilmember Nelson, seconded by Councilmember Peppe to adjourn the study
session at 6:42 p.m.
City Clerk Mayor
i
04/23/01 -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
APRIL 23, 2001
CITY HALL
1. INFORMAL OPEN FORUM WITH CITY COUNCIL
CALL TO ORDER INFORMAL OPEN FORUM
The Council continued from its study session into informal .m. open forum at 6:45
p p
ROLL CALL
Mayor Pro Tern Kay Lasman and Councilmembers Ed Nelson and Bob Peppe. Mayor Myrna
Kragness was absent and excused. Also present: City Manager Michael J. McCauley, Assistant City
Manager Jane Chambers, Public Works Director Diane Spector, City Attorney Charlie LeFevere, and
Deputy City Clerk Maria Rosenbaum.
Lynn Amacher -Maim, 5420 Fremont Avenue North, addressed the Council to inquire about refunds
for dog licenses issued since the dog licenses will no longer be needed in the City.
City Manager Michael McCauley responded that no refunds would be issued for persons who
currently have dog licenses.
ADJOURN INFORMAL OPEN FORUM
A motion by Councilmember Nelson, seconded by Councilmember Peppe to adj ourn informal open
forum at 6:51 p.m. Motion passed unanimously.
2. INVOCATION
Tom Schintz, Chaplin at Marantha Care Center, offered the invocation.
FLAG CEREMONY
-TROOP 403
Cross of Glory Troop 403 performed a flag ceremony.
0 04/23/01 -1- DRAFT
3. CALL TO ORDER REGULAR U I
B S NESS MEETING
The Brooklyn Center City Council met in regular session and was called to order by Mayor Pro Tern
Lasman at 7:04 p.m.
4. ROLL CALL
Mayor Pro Tem. Kay Lasman and Councilmembers Ed Nelson and Bob Peppe. Mayor Myrna
Kragness absent and excused. Also present: City Manager Michael J. McCauley, Assistant City
Manager Jane Chambers, Planning and Zoning Specialist Ron Warren, Public Works Director Diane
Spector, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum.
5. COUNCIL REPORT
Councilmember Peppe reported that he attended the Annual Police Awards Ceremony on April 18,
2001, and that the event was very well attended.
Councilmember Nelson reported that he attended the Annual Police Awards Ceremony on April 18,
2001, and the Fire Appreciation Awards Ceremony on April 20, 2001.
Mayor Pro Tern Lasman reported that the Council attended the Commission Recognition event held
on April 16, 2001, and that it was a nice time for the Council and the Commission Members to
interact. She also reported that she attended the Fire Appreciation Awards Ceremony on April 20,
2001, participated in an Earth Day clean up on April 21, 2001, and attended the Annual Fireman's
Breakfast on April 22, 2001.
6. APPROVAL OF AGENDA AND CONSENT AGENDA
Councilmember Peppe requested that the addition of agenda item 9i, Rescheduling of New Council
Member Orientation from May 7, 2001, to May 21, 2001, be added to the agenda.
A motion by Councilmember Nelson, seconded by Councilmember Peppe to approve the agenda and
consent agenda as amended. Motion passed unanimously.
6a. APPROVAL OF MINUTES
A motion by Councilmember Nelson, seconded by Councilmember Peppe to approve the minutes
from the April 9, 2001, study and regular sessions. Motion passed unanimously.
04/23/01 -2- DRAFT 0
6b. LICENSES
A motion by Councilmember Nelson, seconded by Councilmember Peppe to approve the following
list of licenses. Motion passed unanimously.
MECHANICAL
Air Corporation 13821 Industrial Park Boulevard, Plymouth
Brooklyn Air Heating and A/C 8862 Zealand Avenue North, Brooklyn Park
Commercial Plumbing and Heating 24428 Greenway Avenue, Forest Lake
Facilitech 7206 Washington Avenue S., Eden Prairie
LBP Mechanical Inc. 315 Royalston Avenue North, Minneapolis
Total Heating and A/C 6960 Madison Avenue West, Golden Valley
MOTOR VEHICLE DEALERSHIP
Brookdale Metro Mitsubishi 7235 Brooklyn Boulevard
Brookdale Motors, Inc. 6121 Brooklyn Boulevard
R.L. Brookdale Motors 6801 Brooklyn Boulevard
RENTAL
Renewal:
1807 70`' Avenue North Marya Hage
5300 70"' Circle North Myrna Hubert
4200 Lakebreeze Avenue North Mark Anderson
4714 Lakeview Avenue North Gary Scherber
7230 West River Road Michael Cederberg
Initial:
4213 62" Avenue North Xeng Yang
5500 Bryant Avenue North Nedzad Ceric
6719 Quail Avenue North Estate of Stephen Sandberg
5209 Xerxes Avenue North Hongru Shen
5211 Xerxes Avenue North Hongru Shen
SIGN HANGER
Advanced Awning Design 1600 29' Street, Cloquet
Express Sign 13321 Killdeer Street Northwest, Andover
Install This Awning and Sign 5345 4` Street
TOBACCO RELATED PRODUCT
Tobacco Deals, Inc. 6300 Brooklyn Boulevard
• 04/23/01 -3- DRAFT
7. PUBLIC HEARINGS
7a. AN ORDINANCE AMENDING CHAPTER 23 OF THE BROOKLYN
CENTER ORDINANCES RELATING TO COURTESY BENCHES IN THE
RIGHT OF WAY
Mr. McCauley discussed that this ordinance amendment would update and refine the current
ordinance and that the proposed amendments would assure that the courtesy benches do not become
a maintenance problem, that these profit- making courtesy benches located in the public right of way
are located where they are actually providing a service to the public, and that the location,
advertising matter, maintenance, etc., do not become an undue burden on the adjacent property
owners. This ordinance amendment also provides that the Council may by resolution establish
districts, zones, or locations where private courtesy benches would not be allowed.
A motion by Councilmember Peppe, seconded by Councilmember Nelson to open the Public
Hearing. Motion passed unanimously.
Roland Danielson, U.S. Courtesy Bench Corporation, addressed the Council in support of the
proposed ordinance amendments and to discuss sidewalks and bond provisions. Mr. Roland
indicated that he would like to discuss with the Council the resolution that would be addressed as
part of the ordinance amendment at another time.
A motion by Councilmember Nelson, seconded by Councilmember Peppe to close the Public
Hearing. Motion passed unanimously.
ORDINANCE NO. 2001-06
Councilmember Peppe introduced the following ordinance and moved its adoption:
AN ORDINANCE AMENDING CHAPTER 23 OF THE BROOKLYN CENTER ORDINANCES
RELATING TO COURTESY BENCHES IN THE RIGHT OF WAY
The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember
Nelson. Motion passed unanimously.
7b. AN ORDINANCE VACATING JUNE AVENUE FROM 69 TO 70
AVENUES FOR STREET PURPOSES
Mr. McCauley discussed this ordinance amendment would vacate June Avenue from 69`' to 70"'
Avenues for the redevelopment project in the northeast quadrant of 69`' Avenue and Brooklyn
Boulevard.
04/23/01 4- DRAFT •
A motion by Councilmember Nelson, seconded by Councilmember Peppe to open the Public
Hearing. Motion passed unanimously.
No one wished to address the Council.
A motion by Councilmember Peppe, seconded by Councilmember Nelson to close the Public
Hearing. Motion passed unanimously.
ORDINANCE NO. 2001-07
Councilmember Peppe introduced the following ordinance and moved its adoption:
AN ORDINANCE VACATING JUNE AVENUE FROM 69'' TO 70 AVENUES FOR STREET
PURPOSES
The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember
Nelson. Motion passed unanimously.
8. PLANNING COMMISION ITEMS
8a. PLANNING COMMISSION APPLICATION NO. 2001-007 SUBMITTED
BY ANOKA - HENNEPIN ISD #11. REQUEST FOR SITE AND BUILDING
PLAN AND SPECIAL USE PERMIT APPROVAL FOR A MEDIA
CENTER ADDITION TO EVERGREEN PARK ELEMENTARY
SCHOOL, 7020 DUPONT AVENUE NORTH. THE PLANNING
COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION
AT ITS APRIL 12, 2001, MEETING.
Planning and Zoning Specialist Ron Warren outlined Planning Commission Application No.
2001 -007 submitted by Anoka- Hennepin ISD #11 requesting site and building plan and special
use permit approval for an approximately 5,600 square foot media center addition to Evergreen
Park Elementary School. The Planning Commission recommended approval of this application
at its April 12, 2001, meeting subject to the following conditions:
1. The building plans are subject to review and approval by the Building Official
with respect to applicable codes prior to the issuance of permits.
2. Grading, drainage, and utility plans are subject to review and approval by the City
Engineer prior to the issuance of permits.
04/23/01 -5- DRAFT
I�
3. Any outside trash disposal facilities and rooftop or on ground mechanical
equipment shall be appropriately screened from view.
4. The building addition is to be equipped with an automatic fire extinguishing
system to meet NFPA standards and shall be connected to a central monitoring
device in accordance with Chapter 5 of the City Ordinance.
5. The plan shall be modified, prior to the issuance of building permits, to provide
appropriate opaque screening of the trash container area including opaque
screening on a lockable gate servicing this area. The use of plastic slates woven
between chain link is not acceptable as a means of meeting this opaque screening
requirement.
6. The applicant shall provide appropriate erosion and sediment control devices on
the site during construction as approved by the City Engineering Department.
7. All work performed and materials used for construction of the street utilities and
the repairing of the deteriorating parking lot shall conform to the City of Brooklyn
Center's current standard specifications and details.
A motion by Councilmember Nelson, seconded by Councilmember Peppe to approve Planning
Commission Application No. 2001 -007 subject to the above listed conditions. Motion passed
unanimously.
8b. PLANNING COMMISSION APPLICATION NO. 2001-008 SUBMITTED BY
ERIN T. CUNNINGHAM AND JEFFREY SACKMASTER. REQUEST FOR
SPECIAL USE PERMIT APPROVAL TO CONDUCT A HOME
OCCUPATION AT 2406 ERICON DRIVE. THE PLANNING COMMISSION
RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS APRIL 12,
2001, MEETING
Mr. Warren outlined Planning Commission Application No. 2001 -008 submitted by Erin T.
Cunningham and Jeffrey Sackmaster requesting a special use permit approval to conduct a home
occupation operating a machine lathe in the garage at 2406 Ericon Drive.
Erin Cunningham addressed the Council after a videotape was shown to the Council demonstrating
the operation of the machine lathe and reviewed the operation. Mr. Cunningham discussed the
disposal of materials would be done after each job and that the only other operation at this location
would be a small buffing wheel which would not make much noise.
04/23/01 -6- DRAFT i
Mayor Pro Tern Lasman raised a question regarding the hours of operation. Mr. McCauley
responded that the hours of operation would be between 7:00 a.m. and 8:00 p.m. Monday through
Friday and 10:00 a.m. and 2:00 p.m. on Saturday.
Mr. Warren stated that the Planning Commission recommended approval of this application at its
April 12, 2001, subject to the following conditions:
1. The special use permit is granted for a home occupation involving the operation of a
machine lathe in the garage of the home at 2406 Ericon Drive with the possible
employment of no more than one non - resident employee. This home occupation may
not be altered or expanded in any way not comprehended by this application without
first securing an amendment to the special use permit.
2. The special use permit is subject to all applicable codes, ordinances, and regulations.
Any violation thereof may be grounds for revocation.
3. All vehicle parking associated with the home occupation shall be off street on
improved space. Vehicle parking on the property shall be in compliance with Section
19 -103, Subdivision 12 of the City Ordinances regarding the size of vehicles allowed.
4. The hours of operation shall be between the hours of 7:00 a.m. and 8:00 p.m.
Monday through Friday and 10:00 a.m. and 2:00 p.m. on Saturday. The home
occupation shall not be operated on Sunday.
5. The applicants shall comply with recommendations of the Building Official with
respect to safety related matters regarding the location and operation of the machine
lathe in the accessory structure.
6. The applicants shall provide an appropriate fire extinguisher in the area of the home
occupation per the recommendation of the Building Official.
A motion by Councilmember Nelson, seconded by Councilmember Peppe to approve Planning
Commission Application No. 2001 -008 subject to the above listed conditions. Motion passed
unanimously.
9. COUNCIL CONSIDERATION ITEMS
9a. PROCLAMATION DECLARING MAY 20 THROUGH 26, 2001, AS SAVE A
LIFE WEEK
Councilmember Peppe read the proclamation declaring May 20 through 26, 2001, as Save A Life
Week.
04/23/01 -7- DRAFT
A motion by Councilmember Peppe, seconded by Councilmember Nelson to adopt proclamation
declaring May 20 through 26, 2001, as Save A Life Week. Motion passed unanimously.
9b. RESOLUTION DECLARING SURPLUS PROPERTY FOR PUBLIC SALE
AT CITY AUCTION
Mr. McCauley discussed this resolution would declare the surplus property on file for the public sale
at a City auction to be held on May 5, 2001, at Anoka -Big Lake Auction House.
RESOLUTION NO. 2001-57
Councilmember Peppe introduced the following resolution and moved its adoption:
RESOLUTION DECLARING SURPLUS PROPERTY FOR PUBLIC SALE AT CITY AUCTION
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Nelson. Motion passed unanimously.
9c. RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING
PREPARATION OF REPORT FOR IMPROVEMENTS TO WILLOW LANE
Mr. McCauley discussed that at the last City Council meeting the City Council received a petition
from property owners along Willow Lane between I -694 and the dead end north of 66' Avenue. In
accordance with Minnesota Statutes, Chapter 429, the Council must make a declaration of the
adequacy of the petition. A feasibility report will be prepared for the Council's consideration on
May 14, 2001. This resolution would declare the petition adequate and order preparation of a report
as required by Minnesota Statutes, Chapter 429.
RESOLUTION NO. 2001-58
Councilmember Peppe introduced the following resolution and moved its adoption:
RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION
OF REPORT FOR IMPROVEMENTS TO WILLOW LANE
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Nelson. Motion passed unanimously.
04/23/01 -8- DRAFT
9d. HENNEPIN COUNTY MUTUAL AID PACT
- RESOLUTION ADOPTING THE JOINT AND COOPERATIVE
AGREEMENT FOR USE OF LAW ENFORCEMENT PERSONNEL AND
EQUIPMENT OF JULY 1, 2001
Mr. McCauley discussed that this resolution would approve the joint and cooperative agreement
for use of law enforcement personnel and equipment dated July 1, 2001, and is needed in order to
share resources to respond to public safety concerns in the communities.
RESOLUTION NO. 2001-59
Councilmember Nelson introduced the following resolution and moved its adoption:
RESOLUTION ADOPTING THE JOINT AND COOPERATIVE AGREEMENT FOR USE OF
LAW ENFORCEMENT PERSONNEL AND EQUIPMENT OF JULY 1, 2001
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Peppe. Motion passed unanimously.
9e. REVISIONS TO ANIMAL ORDINANCES
-AN ORDINANCE AMENDING CHAPTER 1 OF THE CITY ORDINANCES
RELATING TO PRIVATE KENNEL LICENSES AND LIMITATION ON
ANIMALS
-AN ORDINANCE AMENDING CHAPTER 19 OF THE CITY ORDINANCES
RELATING TO LIMITATIONS ON KEEPING OF ANIMALS
Mr. McCauley discussed these ordinance amendments to Chapter 1 and Chapter 19 are for approval
of first readings and to set second readings and public hearings for May 29, 2001. The amendment
to Chapter 1 would propose the following:
1. Limit the number of dogs to be kept on a residential property to two (2).
2. Keep the limit on the number of cats at three (3).
3. Provide for a combination of animals not to exceed four (4) with no more than two
(2) dogs in the four (4) animal combination.
4. Add a provision for those persons who currently have private kennel licenses that
they may seek renewal of their private kennel license annually with proof of
rabies vaccination and payment of $30 license fee until the excess animals that are
currently listed on the private kennel license application are either removed from
the premises or expire.
is 04/23/01 -9- DRAFT
Since Chapter 19 also addresses limitations on keeping of animals, an ordinance amendment had
been prepared to be consistent with the draft amendment to Chapter 1.
Councilmember Peppe commented that the Council had received comments regarding the animal
ordinance changes and that it should be clear to the citizens that the City Council is tightening up
the animal ordinances.
A motion by Councilmember Peppe, seconded by Councilmember Nelson to approve first
readings and set second readings and public hearings for May 29, 2001, of An Ordinance
Amending Chapter 1 of the City Ordinances Relating to Private Kennel Licenses and Limitation
on Animals and An Ordinance Amending Chapter 19 of the City Ordinances Relating to
Limitations on Keeping of Animals. Motion passed unanimously.
9f. STAFF REPORT RE: TWIN LAKE PARK IMPROVEMENTS
Public Works Director Diane Spector reported there are a number of issues that have been discussed
with the Park and Recreation Commission regarding the Twin Lake Park improvements proposed for
2002 and that in the next several months specific improvements, impact on Highway 100 project,
park classification, and public input will be the next steps in this planning process. Ms. Spector
discussed that more information needs to be gathered and explored and once this has been done the
Park and Recreation Commission will have a public meeting to present proposals and obtain
neighborhood feedback.
Councilmember Lasman asked if the Council would be made aware of the public meeting. Ms.
Spector responded yes the Council would be made aware of the public meeting and that the Council
will also receive results of the neighborhood survey that will be done once the necessary information
is available to prepare the survey.
A motion by Councilmember Nelson, seconded by Councilmember Peppe to accept the report.
Motion passed unanimously.
9g. REPORT ON CITY COUNCIL 2001 GOALS
Mr. McCauley reported that the City Council had requested a review of 2001 goals set by the City
Council. Mr. McCauley reviewed the goals set for 2001 and the status of each goal.
04/23/01 -10- DRAFT
i
9h. RESOLUTION AMENDING RESOLUTION NO. 2000 -227 SETTING
SALARIES AND BENEFITS FOR THE CALENDAR YEAR 2001
Mr. McCauley discussed this resolution would amend Resolution No. 2000 -227 to adjust the non-
police members of Teamsters Local 320 employees that had been de- certified and amend the 2001
pay plan to reflect the three percent general 2001 wage increase retroactive to January 1, 2001.
RESOLUTION NO. 2001-60
Councilmember Nelson introduced the following resolution and moved its adoption:
RESOLUTION AMENDING RESOLUTION NO. 2000 -227 SETTING SALARIES AND
BENEFITS FOR THE CALENDAR YEAR 2001
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Peppe. Motion passed unanimously.
9i. CANCELLATION OF NEW COUNCIL MEMBER ORIENTATION ON MAY
7, 2001, AT 6:00 P.M.
Mr. McCauley requested that the Council cancel the new Council Member orientation scheduled for
May 7, 2001, at 6:00 p.m., and reschedule for May 21, 2001, at 6:00 p.m. so that all Council
Members will be able to participate.
A motion by Councilmember Peppe, seconded by Councilmember Nelson to cancel the May 7,
2001, 6:00 p.m. new Council Member orientation and reschedule for May 21, 2001, at 6:00 p.m.
Motion passed unanimously.
10. ADJOURNMENT
A motion by Councilmember Peppe, seconded by Councilmember Nelson to adjourn the City
Council meeting at 8:16 p.m. Motion passed unanimously.
City Clerk Mayor
04/23/01 -11- 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
SPECIAL SESSION
MAY 2, 2001
CITY HALL
CALL TO ORDER
The Brooklyn Center City Council met in special session as an election canvass board and was called
to order by Mayor Myrna Kragness at 5:01 p.m.
ROLL CALL
Mayor Myrna Kragness, Councilmembers Kay Lasman, Ed Nelson, and Bob Peppe. Also present
were City Manager Michael McCauley, Assistant City Manager Jane Chambers, and City Clerk
Sharon Knutson.
CANVASS OF MAY 1, 2001, SPECIAL ELECTION RETURNS
The Brooklyn Center City Council proceeded to canvass the City election returns from the various
City precincts, reporting ballots cast in the City of Brooklyn Center contest as follows:
Office of City Council Member Ballot Count
Tim Ricker 749
Tim Willson 473
RESOLUTION NO. 2001-61
Upon completing the election canvass, member Kay Lasman introduced the following resolution and
moved its adoption:
RESOLUTION REGARDING CANVASS OF MAY 1, 2001, SPECIAL ELECTION
The motion for the adoption of the foregoing resolution was duly seconded by member Ed Nelson,
and the motion passed unanimously.
05/01/01 -1- DRAFT
ADJOURNMENT
There was a motion by Councilmember Bob Peppe and seconded by Councilmember Ed Nelson to
adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council meeting
adjourned at 5:02 p.m.
City Clerk Mayor
05/01/01 -2- DRAM -r
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
BOARD OF EQUALIZATION
MAY 7, 2001
CITY HALL
1. CALL TO ORDER
The Brooklyn Center City Council met as the Board of Equalization and was called to order by
Mayor Myrna Kragness at 7:00 p.m.
2. ROLL CALL
Mayor Myrna Kragness, Councilmembers Ed Nelson, Robert Peppe, and Tim Ricker.
Councilmember Kay Lasman absent and excused. Also present were City Manager Michael
McCauley, Assistant City Manager Jane Chambers, City Assessor Nancy Wojcik, Hennepin County
Assessor Tom May, and Deputy City Clerk Maria Rosenbaum.
3. STATEMENT OF BOARD OF EQUALIZATION
City Manager Michael McCauley discussed the purpose of the Board of Review as required by
Minnesota Statutes Section 274.01. The Board has the responsibility to review the assessed
valuation and classification of property within the City that is limited to the 2001 assessment that
affects taxes payable in 2002. The review will focus on either the market value or classification of
each property and the Board will not directly concern itself with issues of actual property taxes of a
particular property.
4. CITY ASSESSOR'S REPORT
City Assessor Nancy Wojcik reported on the review for informal and formal procedures and
provided information regarding the overall value change that was prepared by her office. Overall the
increase in value citywide including all property types is 13.3 percent and excluding new
construction is 11.9 percent. Citywide residential single - family detached only is 15.4 percent and
excluding new construction is 14.8 percent. Ms. Wojcik provided a breakdown of the residential
neighborhood areas and informed the Board that the South East area of the City was the highest rate
of increase at 18.8 percent excluding new construction.
A motion by Councilmember Nelson, seconded by Councilmember Peppe to open the meeting for
appearances with or without appointments to address the Board. Motion passed unanimously.
05/07/01 -1- DRAFT
i
5. APPEARANCES BY TAXPAYERS WITH APPOINTMENTS
Ms. Wojcik informed the Board that her office received 85 calls and that of the 85 calls eight parcels
had been inspected and had adequate evidence to come into an agreement for an amendment to their
assessment.
6. APPEARANCES BY TAXPAYERS WITHOUT APPOINTMENT
Donald and Ruth Johnson, 5616 Colfax Avenue North, signed to appear before the Board and when
Mayor Kragness invited them to speak to the Board it was noted they had left.
Wallace Lueck, 7036 Regent Avenue North, addressed the Board to share his concern that he
believes his taxes are extremely high. Ms. Wojcik informed Mr. Lueck that his property was last
assessed in 1998 and that if he would like to have his property reviewed again Appraiser Kelley
Gillen could come and re- inspect his property. Mr. Lueck responded that he would like to have that
happen and that Thursday, May 10, 2001, 4:00 would work for him.
A motion by Councilmember Nelson, seconded by Councilmember Peppe to sustain the assessment.
Motion passed unanimously.
The Board, Mr. McCauley, and Hennepin County Assessor Tom May discussed the proposed House
Tax Bill that would shift property tax burdens to homeowners.
7. CONSIDERATION OF WRITTEN APPEALS
There was no action needed for written appeals.
8. ADJOURNMENT
A motion by Councilmember Peppe, seconded by Councilmember Nelson to adj ourn the meeting at
7:42 p.m. Motion passed unanimously.
City Clerk Mayor
05/07/01 -2- DRAFT
City Council Agenda Item No. 6b
City of Brooklyn Center
A Millennium Community
TO: Michael J. McCauley, City Manager
FROM: Maria Rosenbaum, Deputy City Clerk
DATE: May 9, 2001
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 May 14, 2001.
MECHANICAL
Air Masters Inc. 14690 Galaxie Ave. #104, Apple Valley
Associated Mechanical Contractors 1257 Marshall Road, Shakopee
Countryside Heating and Cooling 6511 Highway 12, Maple Plain
Delmar Furnace Exchange 4120 83rd Avenue North, Brooklyn Park
Dependable Indoor Air 2619 Coon Rapids Boulevard, Coon Rapids
Northland Mech Contractors 2900 Nevada Avenue North, New Hope
NSI Mechanical Contracting 2300 Territorial Road, St. Paul
United Heating and A/C 1295 Hackamore Road, Medina
MOTOR VEHICLE DEALERSHIP
Bob Ryan Oldsmobile 6700 Brooklyn Boulevard
Brookdale Dodge, Inc. 6800 Brooklyn Boulevard
Brookdale Ford, Inc. 2500 County Road 10
Iten Chevrolet Company 6701 Brooklyn Boulevard
RENTAL
Renewal:
Humboldt Square Apartments Tim and Mary Jo Keenan
Summerchase Apartments B.C. Leased Housing Association
5001 Ewing Avenue North Bartholomew Dabrowski
4210 Lakebreeze Avenue North James & Bobbie Simons
2812 O'Henry Road Teresa Williams
6221 Shingle Creek Parkway Cyril Sheehy
Initial:
6507 Ewing Avenue North Judith Farrier
SIGN HANGER
. Scenic Sign Company 828 So 5" Street, Sauk Rapids
Universal Sign Company .. 1033 Thomas Ave, St. Paul
6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number
Brooklyn Center, MN 55430 -2199 (763) 569 -3400
City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434
FAX (763) 569 -3494
City Council Agenda Item No. 6c
�0noV.LYB CE&VW
BROOKLYN CENTER
POLICE DEPARTMENT
POLICE
MEMORANDUM
TO: City Manager Michael McCauley
FROM: Chief Joel Downer
DATE: May 2, 20
SUBJECT: New Liquor License / On -sale Intoxicating Class B
Brooklyn Property LLC dbaWoliday Inn North
Brooklyn Property LLC, dba/Holiday Inn North has applied for an On -sale Class B Intoxicating
Liquor License.
A thorough background investigation was completed on Brooklyn Property LLC, which is the
license holder, and the on -site manager for the Holiday Inn. Nothing was found in the
background investigation that would preclude Brooklyn Property LLC 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 B Intoxicating
Liquor License.
Olholi -Lmem
•
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION APPROVING ISSUANCE OF AN ON- SALE CLASS B LIQUOR
LICENSE TO BROOKLYN PROPERTY LLC, DBA/HOLIDAY INN
MINNEAPOLIS NORTH
WHEREAS, Brooklyn Property LLC, dba/Holiday Inn Minneapolis North has
applied for an On- Sale Class B Intoxicating Liquor License for its establishment located at 1501
Freeway Blvd within the City of Brooklyn Center; and
WHEREAS, Brooklyn Property LLC is a corporation in good business standing;
WHEREAS, Brooklyn Property LLC 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 corporate officers, store on -site managers,
and the corporation itself and nothing was found in that investigation that would preclude the
issuance of a liquor license to Brooklyn Property LLC.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that the issuance of an On -Sale Intoxicating Malt Liquor License to Brooklyn
Property LLC, dba/Holiday Inn Minneapolis North 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.
i
s
City Council Agenda Item No. 7
• There are no materials for this item.
City Council Agenda Item No. 8
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION CONGRATULATING THE BROOKLYN CENTER POLICE
EXPLORER POST 888
WHEREAS, the Brooklyn Center Police Explorer Post 888 attended the 26
Annual Law Enforcement Explorer Conference from April 26 through 29, 2001; and
WHEREAS, there were approximately 54 different law enforcement Explorer
Posts from around the state with over 500 participants ranging in age from 14 to 21; and
WHEREAS, many competed in different law enforcement scenarios and
academic events, and the Brooklyn Center Police Explorer Post 888 did very well in many
events; and
WHEREAS, the Brooklyn Center Police Explorer Post 888 performed excellent
in the Crime Scene Search, taking 2nd place in this event, which was scored on many elements of
securing, identifying, packaging, documenting, and processing a scene for evidence; and
WHEREAS, it is highly appropriate to recognize the accomplishment and
achievement of the Brooklyn Center Police Explorer Post 888.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that it congratulates all the team members, including the 2 place winners Ryan
Christensen, Juel Lund, Jeremy Tiedeken, PaZao Vang, and also participating Clifton Mann,
Tony Sederberg, Jessica Swanberg, and Josh Whittenburg.
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. 9a
Office of the Ci ty Clerk
City of Brooklyn Center
A Millennium Community
MEMORANDUM
TO: Michael J. McCauley, City Manager
�Y
FROM: Sharon Knutson, City Clerk OVA&L
DATE: May 10, 2001
SUBJECT: Public Hearings:
1. An Ordinance Amending Chapter 1 of the City Ordinances Eliminating Dog
Licenses
2. An Ordinance Amending Chapter 19 of the City Ordinances Regarding
Limitations on Keeping of Animals
The attached ordinance amendments are offered for second reading and public hearing on May 14, 2001.
The City Council approved first reading of the ordinances on April 9, 2001. Notice of the public hearing
was published in the April 18, 2001, Brooklyn Center Sun -Post. If adopted, effective date will be
June 22, 2001. Materials that were included in the April 9, 2001, Council agenda packet are also
attached.
Attachments
6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number
Brooklyn Center, MN 55430 -2199 (763) 569 -3400
City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434
FAX (763) 569 -3494
Office of the City Clerk
City of Brooklyn Center
A Millennium Community
•
MEMORANDUM
TO: Michael J. McCauley, City Manager
FROM: Sharon Knutson, City Clerk % XM4 7 K
DATE: April 5, 2001
SUBJECT: 1. An Ordinance Amending Chapter 1 of the City Ordinances Eliminating Dog Licenses
2. An Ordinance Amending Chapter 19 of the City Ordinances Regarding Limitations
on Keeping of Animals
At its April 2, 2001, work session, the City Council directed staff to prepare an ordinance amendment to
eliminate dog licensing in the city of Brooklyn Center. The City Council also directed that the City
Attorney review the draft amendment to Chapter 19 regarding live wild animals to ensure that the City
can prohibit the wild animals listed. The City Attorney reviewed the proposed ordinance amendment
and offered two minor changes to the language; however, no changes were recommended on the types
of animals listed. Attached are draft ordinance amendments for City Council review and first reading.
If approved for first reading, the public hearing and second reading would be held May 14, 2001, and
the effective date would be June 22, 2001.
• Also included in the materials is the background information regarding eliminating dog licenses that was
provided at the April 2, 2001, City Council work session.
Attachment
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 14�'' day of May, Y f � � Y Y> > at 7 p.m.
or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to
consider An Ordinance Amending Chapter 1 of the City Ordinances Eliminating Dog Licenses.
Auxiliary aids for persons with disabilities are available upon request at least 96 hours in
advance. Please contact the City lerk at 763- -
ty 569 3300 to make arrangements.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 1 OF THE CITY ORDINANCES
ELIMINATING DOG LICENSES
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Section 1. Chapter 1 of the City Ordinances of the City of Brooklyn Center is
hereby amended as follows:
Section 1 -102. LICENSES REQUIRED.
I D o g T iGen es. No er
eR shall ewa h rbnr' keep nr h mist y of a deg
n•rer aiv moths of age the, of Bre nl ly» Ge»fer es - n Current
v r cz �zc x avzrcno- vr-cc6o t
- n- � rcvi iin I zaavv�zs- vurrvrr
4GGnse ohall be V alid f or th e raiwa +inn of the e f fertiye »erind of th e dogs
rabies yanni »e as stated i» the Cem »en ium of A »imal 1?ahiea ZJa nninon
pub lished b y the Ge o St t° Puh'-.s Is° And th
.Center f ei n se Ge n #e the, e, D e par t me nt of Ti e l� tm n
D1.�vicg0'vViT 1�i� e xit pi r'1�aT
y Se�L}6es. D. k i» n nommerninl k ind ivi dually
tYbeasE# " °"
Sections 1 -102.2 and 1 -102.3 are renumbered to Sections 1 -102.1 and 1- 102.2,
respectively.
Section 1 -103. LICENSE FEES. The license fee for each deg -lis each
commercial kennel license, each private kennel license, eaGh dupliGate lirense,
each renewal license, and each impounding penalty and the -late »°-
described herein shall be as set forth by City Council resolution.
1. Late Pena1t� if an) lir-ei4se requi-red- hefewn-der- is ebtaia@d while the- d
impn»nrlerl by t he, _nr after• the re q uired hGeRsia g- peried 1} S
v azivrva v City
- y rx
�iei�ced there, shall be added to t� rr „lord ' -zir.@ s fee, a 1 liceirsv
penalty as set kTth b (city Gouaril rn nl tin ' »rnvided hewe er that any
Yleravn
he .°.Three a deg after th start of a license year or an), p eran» . n i4p
e v qis , kee harbors lam l�arb or as n f rl a f at 4 time of benom. a
�
ORDINANCE NO.
resident o th Git< slhal' b o allewed 30 -days te- secure a lir.GRsg, ;N4theut
;nn<irrin r< anv late l;nen se n
2 Refunds, Prorating, and Transfers. No deg l,nense f ee , or n ornmercial kennel
license fee or private kennel license fee shall be refunded or prorated, the
provisions of Chapter 23 of Brooklyn Center Ordinances notwithstanding.
No license required hereunder shall be transferable.
S@ Gtied-1 1 - 104. VAGGIN eT rnN REQ UIRED. Th i9 evl%e ,.f o,ror<r d i
Ce nter shall cause such deg to'G' ffopAy =asserted- for-rabies A
Brooklyn c
liGeRsed ve, inaria", chap renstit e prima foie -proof 4 th-. ;equir-�d
Section 1 -10-54. APPLICATION PROCEDURES AND ISSUANCE OF
LICENSES. Applications for all licenses required by this ordinance shall be
made to the City Clerk.
1 Deg License. The appliratioR for- a deg De nse ,hall inslu4ethe na »mod
cra A •n
f the own of t he dart and munb- n}h-or fnrM l as th r, }<r
J 'Vrk shall r z quire. All T[ppl iGai#s shall b- be-off leg age Applirants s h a 4 l
provide n nertif;na issued by n .dexter of y e4nr;na45r merdinine sh A 4 •,. that
the deg has been yann;naterd a ains} rabies the t<rne of <rann'n userd avrrd
v vvvu . a..vvaiac.as , ,
th lee r,}}, o time the vanninat nn is effen};<re
2. Imuan of Deg - License. Upon receipt of the appliGati the lisensefge
and proof of n rabies < r,atie 7 the Git<r Cl erk shall a metallic.
b
..KL.,
lrnense }art earing t se numb th e name of t h e G ty an t h e yea
—and- M-ent-h- when the lir-ense period vv vu.�lal� er , and
end s. The d eg shall non ti n uously we
a nollar or ;n
harness to which the lense tar< is firrnl af= x -,, t " y 3
unlay,,P l for an), nersnn }o mate nr use a nnunterfei tarn
�arrr�crrxar for cexTP° =°°rr�°- rrsnx t �- � �xcv�z°r��u�
3. Repla sement e L est g r i nee se. If an) deg lGens@ tag is lest erstel
the annlrnant may ob tain a now tog b su;renrderrng the license payment
renein} and by paying }he nharge far a duplicate license as set forth by City
41. Application for Commercial Kennel License.
-52. Application for Private Kennel License.
ORDINANCE NO.
•
Sections 1 -106 and 1 -107 are renumbered to Sections 1 -105 and 1 -106,
respectively.
Section 1 -107. RABIES VACCINATION REQUIRED. A person who owns,
harbors, or keeps a dog over six months old within the city must have the dog vaccinated by a
licensed veterinarian with an anti- rabies vaccine that is currently effective. A vaccination
certificate is valid only for the dog and owner to which it is issued. A person must not use a
rabies vaccination certificate for a different dog than the one for which it was issued.
Section 1 -108. TAGS. A person who owns, harbors, or keeps a dog over six
months old within the city must securely attach an identification tag or plate to the dog's collar so
that it can be readily seen. The tag or plate must contain the name and home telephone number
of the owner or other person who is keeping the doiz. The identification tag or plate must be
worn by the dog at all times when it is off the owner's or keeper's property.
Sections 1 -108 through 1 -120 are renumbered to Sections 1 -109 through 1 -121,
respectively.
Section 2. This ordinance shall be effective after adoption and thirty days
following its legal publication.
Adopted this day of , 2001.
Mayor
ATTEST:
City Clerk
Date of Publication
Effective Date
(Strikeout indicates matter to be deleted, underline indicates new matter.)
CITY OF BROOKLYN CENTER
Notice is hereby ''
y given that a public hearing will be on the 14 day of May, 2001, at 7 p.m.
or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to
consider an amendment to Chapter 19 of the City Ordinances regarding limitations on keeping of
animals.
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 19 OF THE CITY ORDINANCES
RELATING TO LIMITATIONS ON KEEPING OF ANIMALS
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Section 1. Chapter 19 of the City Ordinances of the City of Brooklyn Center is
hereby amended as follows:
Section 19 -104. LIMITATIONS ON KEEPING OF ANIMALS. It is hereby
declared to be a public nuisance to permit, maintain or harbor any of the following:
3. Horses, cows, sheep, pigs, goats, swine,
mules, llamas, or other hoofed animals, chickens, ducks, geese, or other
agricultural animals or domestic fowl.
4. Live wild animals, reptile, or fowl, of types that are not naturally tame or
gentle but are of a wild nature or disposition that, because of their size,
vicious nature, or other characteristics would constitute a danger to human
life or property. Examples of such wild animals include, but are not limited
to, bears, lions, tigers, jaguars, leopards, bobcat, cougars, cheetahs, lynx,
ocelots, wolves, foxes, coyotes, dingoes, jackals, bison, panthers, apes,
badgers, raccoons, ferrets, skunks, puma, rattle snakes, coral snakes, water
moc or cobras. not n at:v +^ - M-in +a , °°^°"+ '' ^�• ° °'' ^'a „° +O
/.^''Tine!' to a Ga ge wit n a d[i elli g
5. �11111 a 1 ? ` iye, o
to Uinne^ +a yzLiy in +heir y i l.i +at@ nose a +l r
, ea+
�s -ir nals, iR u4ing but r. limited +n ) welves ) bear
7
56. Any combination of animals and/or fowl of any age kept in such numbers or
under conditions which unreasonably annoy, injure, or endanger the health,
safety, comfort, repose or welfare of the public or of said animals or fowl.
ORDINANCE NO.
Section 2. This ordinance shall be effective after adoption and thirty days
following its legal publication.
Adopted this day of , 2001.
Mayor
ATTEST:
City Clerk
Date of Publication
Effective Date
(Strikeout indicates matter to be deleted, underline indicates new matter.)
Office of the City Clerk
7 City of Brooklyn Center
A Millennium Community
MEMORANDUM
TO: Michael J. McCauley, City Manager
FROM: Sharon Knutson, City Clerk 46nt
DATE: March 7, 2001
SUBJECT: Memorandum from Police Chief Joel Downer Regarding Suggested Ordinance Language
Amendments to Eliminate Dog Licensing
Attached is a memorandum from Police Chief Joel Downer with suggested language amendments to
Chapter 1 of the City Ordinances. Chief Downer's recommendation is to eliminate dog licensing in
Brooklyn Center. His memorandum references that the City of Minnetonka has eliminated dog licenses.
I've attached a copy of the City of Minnetonka Council minutes regarding the elimination of dog
licenses. I have also learned that the City of New Brighton does not license dogs either.
The table below illustrates that revenue from dog licensing has decreased substantially since 1997,
which may indicate that dog owners are not purchasing a license as required by ordinance.
1997 $8,872
1998 $5,909
(1999 $5836
2000 $3,866
This item is for discussion by Council. If the Council would like to include the suggested language
amendments to Chapter 1 of the City Ordinances as suggested by Chief Downer, staff could incorporate
the amendments into the draft ordinance amendment regarding private kennels.
Attachment
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
��ppKLYN ceby
BROOKLYN CENTER
10 POLICE DEPARTMENT POLICE
MEMORANDUM
TO: City Manager Michael McCauley
FROM: Joel Downer, Chief of Police
DATE: March 8, 2001
SUBJECT: Review of Chapter 1 - Animal Ordinance
Dr. Robert K. Anderson, D.V.M., Professor Emeritus of the University of Minnesota, School of
Veterinary Medicine was consulted regarding changes in the City of Brooklyn Center Animal
Ordinances. Dr. Anderson was the City veterinarian in Denver, Colorado during a rabies
outbreak in 1949 and 1950. He has also served as the director of the animal behavioral clinic at
the University of Minnesota, was a professor in the College of Veterinary Medicine and is board
certified by the American College of Veterinary Behaviorists.
Dr. Anderson estimates that a suburb of the size and demographics of Brooklyn Center has an
estimated 3,000 dogs within the city. Dr. Anderson's formula factors in single family dwellings,
duplexes, and apartment buildings. He estimates one dog for every person residing in single
family dwellings. Factoring in the size of yards in Brooklyn Center and the economic times have
driven dog ownership estimates higher.
Dr. Anderson supports abolishing dog licensing in favor of dog owner education. Dr. Anderson
believes that owners should be certified before obtaining a pet.
Of the estimated 3,000 dogs in the city of Brooklyn Center, 225 were licensed in 1999 and 216
were licensed in the year 2000. An estimated 90% of impounded dogs are unlicensed. Dog
owners recovering their dogs must purchase a license as well as pay an impound fee of $25 plus
$12 per day for kenneling. The first day of kenneling is at no charge.
Dr. Anderson recommends that dogs be identified through an imbedded computer chip or tattoo.
Most dogs recovered in the city of Brooklyn Center are identified by their rabies tag which was
issued by a veterinarian.
The Brooklyn Center Police Department impounded animals in 91 cases in 1999, 34 cases in the
year 2000 and 5 cases in 2001. In several cases, multiple dogs were impounded.
A combination of public education regarding the importance of rabies vaccinations, good
citizenship for owners of dogs, and enforcement of dogs at large and dogs disturbing will result
is in more effective animal control.
The cities of Minnetonka and New Brighton currently do not issue dog licenses.
JD:kh
Brooklyn Center Police Department
Impounded Animals 1999 2000
Dogs - Unspecified Breed 35 15
Bassett 1 0
Beagle 2 0
Boxer 1 1
Bulldog 1 0
Cockerspaniel 2 0
Collie 1 0
Dachshund 0 1
Doberman 1 0
German Shepherd 1 3
German Short Hair 1 1
Golden Retriever 1 0
Husky 0 3
Labrador Retriever 18 3
Malamute 3 0
Pit Bull 2 1
Poodle 1 3
Pug 2 0
Rottweiler 1 3
Sheltie 3 0
Springer 1 2
TOTAL Dogs Impounded 78 36
Dogs With Tags 13 0
Type of Tag:
Brooklyn Center License 4 No
Minneapolis License 2 Identifiable
Veterinary Tags 5 Tags
ID Tags 2 * **
Cats Impounded 32 43
Wildlife Impounded 11 10
Crow 0 1
Duck 4 2
Pheasant 0 1
Pigeon 1 0
Rabbit 3 3
Raccoon 3 1
Squirrel 0 1
Turtle 0 1
* * Wildlife is transported and released to nature in the nearest wildlife area.
Of the dogs impounded, less than 50% are claimed. The remainder are either
sent to the Humane Society or euthanized. 90% of owners claiming their dogs are
unable to produce proof of rabies vaccination. All dogs must be vaccinated
against rabies and licensed before they are released from impound.
��ppKIYN CERA &F
BROOKLYN CENTER
POLICE DEPARTMENT
POLICE
MEMORANDUM
TO: City Manager Michael McCauley
FROM: Joel Downer, Chief of Polic
DATE: February 27, 2001
SUBJECT: Brooklyn Center Ordinance Chapter 1 - Animals
I propose the following changes to Chapter 1.
Section 1 -101 / Definitions
Eliminate paragraph 8.
Section 1 -102 / Dog Licenses
Paragraph 1 - Eliminate dog licensing in the city of Brooklyn Center. Few dog owners in the city
of Brooklyn Center purchase a license as required by this section. Other sections regarding the
conduct of the animal and the owner seem to be a more effective means of animal control. The
City of Minnetonka does not require dogs to be licensed and has not had a significant problem
with animal control.
Paragraph 2 - Change to paragraph 1.
Paragraph 3 - Eliminate.
Section 1 -103 / License Fees
The license fee for each commercial kennel license, each duplicate license, each renewal license,
each impounding penalty and the late penalty described herein shall be set forth by City Council
Resolution.
Eliminate paragraph 1.
Change paragraph 2 to paragraph 1.
. Refunds prorating and transfers - no commercial kennel license fee shall be refunded or prorated,
the provisions of Chapter 23 of Brooklyn Center Ordinances notwithstanding. No license
required hereunder shall be transferable.
S Memorandum
Page 2
Section 1 -105 / Application Procedures and Issuance of licenses.
Eliminate paragraphs 1, 2, 3, and 5.
Section 1 -106
Eliminate this section.
Additional S ection - Rabies V accination Re mired
Paragraph 1
A person who owns, harbors or keeps a dog over six months old within the city must
have the dog vaccinated by a licensed veterinarian with an anti- rabies vaccine that is
currently effective.
Paragraph 2
A vaccination certificate is valid only for the dog and owner to which it is issued. A
person must not use a rabies vaccination certificate for a different dog than the one for
which it was issued.
Additional Section - Tags
A person who owns, harbors or keeps a dog over six months old within the city must
securely attach an identification tag or plate to the dog's collar so that it can be readily
seen. The tag or plate must contain the name and home telephone number of the owner
or other person who is keeping the dog. The identification tag or plate must be worn by
the dog at all times when it is off the owner or keeper's property.
JD:kh
anordlmem
•
American Legal Publishing http :// 209.48.87. 250 /minnetonka mn...ument- frame.htm &q = dog &x = Simple &2.0
12. INTRODUCTION OF ORDINANCES:
A.INTRODUCTION OF AN ORDINANCE ELIMINATING DOG LICENSES.
"City Attorney Desyl Peterson introduced this item. She noted that police staff estimate that there are
approximately 14,750 dogs in Minnetonka, but only 2,000 (logs are licensed. The police staff felt that
this indicates that the dog licensing
wa y to identify licensing program is not serving the citizens well. One of the intended goals of
e
licensing was to provide stray do es so that they could be returned to their owners. Staff
recommended that licenses be eliminated, and that the ordinance instead require that (logs wear an
identification tag which would give the owner's name and phone number. Peterson said that another city
eliminated licenses and requires that dogs wear their vaccination tags. The Minnetonka Police staff
recommended identification tags instead because the vaccination tag would not provide information
about the owner, and that information could only be obtained from the veterinary hospital that
administered the vaccination. She noted that such hospitals are often not open on weekends or evenings
which delays the return of animals to their owners.
'Anderson noted that staff was recommending significant community education if this ordinance is
adopted. Peterson said that the Police staff is anticipating quite a bit of publicity through the Minnetonka
Memo and the 2001 Summer Festival. She said that tags are available at most pet food stores.
Schneider supported the concept and said that it was long overdue. He suggested using utility bill inserts
to publicize the program, and asked if a coupon could be offered to increase participation. Peterson said
that the Humane Society offers a tag program, and that it might be appropriate to include that
information in the utility bill notice.
Callison asked if this measure would cause a loss in revenue from the licensing fees. Rikala said that
licenses are currently $14 and are good for two years. This generates about $14,000 in revenue, but the
revenue is offset by the staff time involved in the paperwork and postage.
Anderson asked about penalty provisions.
Tauer suggested requiring both a vaccination tag and an identification tag. Rikala said that staff could
explore those options.
Thomas asked about the number of cra impounded each year. Rikala said that about 200 d o -s were
impounded during the last year, and that about 11 were not claimed.
Peterson responded to Anderson's question about penalties, stating that the proposed ordinance requires
tags so violations could be referred to City Court. She also noted that the Police staff makes a concerted
effort to place unclaimed animals in homes.
Thomas suggested that staff explore alternatives to tags, such as tattoos and micro - chips. Rikala said that
tattoos are not placed in standard locations so they would not be acceptable, but imbedded micro -chips
might be an option. Thomas suggested that the ordinance specifically address whether or not these
methods are allowed.
Anderson asked for council feedback on the issue of requiring a vaccination tag, or an identification tag,
or both.
Schneider said that he has two small clogs and would not like to have them wear two tags each because
of the noise.
Koblick agreed with ordinance recommendation and a one identification tag requirement.
Thomas said that jingling tags can be desirable for sporting dogs. He also noted that sporting a o .. wear
1 of 2 03/01/20012:16 PM
American Legal Publishing http: / /209.48.87.250 /minnetonka mn...ument- frame.htm &q= dog &x = Simple &2.0
wider collars which can accommodate a nameplate, and asked that nameplates be addressed in the
ordinance.
S Callison supported one tag and the ordinance.
Allendorf supported the ordinance change and requiring only one tag.
Schneider moved, Thomas seconded a motion to introduce an ordinance amending Minnetonka city code
sections 925 and 710 regarding licensing of dogs. All voted `aye'. Motion carried.
2 of 2 03/01/20012:16 PM
City Council Agenda Item No. 9b
i
MEMORANDUM
TO: Michael J. McCauley, City Manager a ti
FROM: Ronal n Tannin and Zoning eciali'� 'st i 1-0 � .
Ronald A. Warren, P o S
Planning g p
SUBJECT: Public Hearin — An Ordinance Amending Chapter 35 of the City Ordinances
Hearing g p Y
Regarding the Zoning Classification of Certain Land ( Riverwood Estates)
DATE: May 8, 2001
On April 9, 2001, the City Council adopted Resolution No. 2001 -49 approving Planning
Commission Application No. 2001 -005 submitted by Eagle Crest Northwest, which was a
Planned Unit Development Rezoning and Site and Building Plan approval for the development
of 21 single family detached townhomes in the proposed Riverwood Estates plat. The Council
also had a first reading of an ordinance amendment regarding the zoning classification of this
land which would change the zoning designation listed in the zoning ordinance from C -1
(Service /Office) to PUD/R -3 (Planned Unit Development/Multiple Family Residence).
This ordinance amendment is set for public hearing and adoption at the May 14, 2001, City
Council meeting. The legal description used in the ordinance amendment is the proposed
description provided with the preliminary plat. This description will not exist until the plat has
been given final approval by the City Council and filed with Hennepin County. The developer is
in the process of putting the final plat together and it should be on a subsequent City Council
agenda.
The ordinance amendment is the last step in the rezoning process and is a housekeeping type
matter. It is recommended that the City Council hold the public hearing and then table the
ordinance amendment until such time as the final plat is filed with Hennepin County and the
legal descriptions established.
s
City Council Agenda Item No. 10a
MEMORANDUM
DATE: May 10, 2001
TO: Michael J. McCauley, City Manager
FROM: Diane Spector, Director of Public Works !
SUBJECT: Proclamation Declaring May 20 -26, 2001 Public Works Week in Brooklyn Center
The Public Works Department will celebrate Public Works Week May 20 -26 with its annual
Public Works employee picnic, and with an Open House at the Central Garage. The Open House
will be held Thursday, May 24, 2001, 4 -7 pm at the Central Garage at 6844 Shingle Creek Pkwy.
Five years ago approximately 1000 visitors enjoyed our last open house. We hope to attract as
many visitors this year. We have put together a number of informational exhibits as well as
some fun things for young and old alike.
Informational exhibits:
Twenty -one pieces of equipment will be highlighted, including street maintenance equipment,
park mowers, specialized utility equipment, and general purpose vehicles. Public Works crew
will be available to help people understand what the equipment is, what it is used for, how it
operates, why we need it, and how much it cost.
Tours of the Sign Shop will show people how signs are designed and fabricated and the different
types of pavement marking materials. Old street name signs will also be for sale.
The mechanics will be available to show interested people what's under the hood of a large piece
of equipment, and what goes into maintaining complicated equipment such as a fire pumper.
Public Utilities crews will inform the public about the safety of our drinking water, and will have
sewer televising tapes and other information available.
Engineering crews will show how they use the computer technology that has replaced traditional
surveying and drafting.
Marilyn Corcoran from the Hennepin Recycling Group (HRG) will demonstrate composting and
will have information on composting and recycling.
Informational exhibits will highlight the Capital Improvement Program, showing progress made
so far, and projects proposed for the future.
Other departments will participate with informational exhibits, including fire safety, crime
ICI
i
prevention, DARE, building inspections, recreation, assessing, and finance.
Fun events:
The popular "Walk though the City" will return. This is a 16 foot square aerial photo composite
of the city which is placed on the floor and covered with plastic. People can then "walk through
the city" and are encouraged to place colored dots on their houses.
People will be encouraged to learn more about the voting process by voting for their favorite
piece of equipment. Participants will use a real voting booth and a realistic- looking ballot to cast
their vote.
While it hasn't been confirmed the 49ers hope to bring in from their training facility p g g a crane
operation simulator.
People will be able to climb into one of the loaders and get their picture taken "operating" the
equipment.
A face painter will entertain children with face art of "PW Paws," the American Public Works
Association's mascot.
CARS will provide free popcorn to participants, and Public Works will provide free balloons and
stickers. The Lions Club will prepare food for the event, including a picnic plate special for
$1.50 — a hot dog, chips, cookie, and pop.
Vendors and various departments have contributed giveaways and door prizes for the event. We
will also give away three personalized street name signs, and a retired fire hydrant delivered to
anywhere in the city.
PROCLAMATION
DECLARING MAY 20 -26, 2001
PUBLIC WORKS WEEK IN BROOKLYN CENTER
WHEREAS, public works services provided in our community are an integral part of our
citizens' everyday lives; and
WHEREAS, the support of an understanding and informed citizenry is vital to the efficient
operation of public works systems and programs such as engineering, water,
sewers, streets and highways, parks, public buildings, and solid waste collection;
and
WHEREAS, the health, safety, and comfort of this community greatly depends on these facilities
and services; and
WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, and
construction is vitally dependent upon the efforts and skill of public works officials;
and
• WHEREAS, the efficiency of the qualified and dedicated personnel who staff public works
departments is materially influenced by the people's attitude and understanding of
the importance of the work they perform,
NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of
Minnesota, do hereby proclaim May 20 -26, 2001 as "National Public Works Week" in the City of
Brooklyn Center, and I call upon all citizens and civic organizations to acquaint themselves with
the issues involved in providing our public works and to recognize the contributions which public
works officials make every day to our health, safety, comfort, and quality of life.
Date Mayor
Attest:
City Clerk
City Council Agenda Item No. lOb
PROCLAMATION
DECLARING MAY 13 THROUGH 19, 2001 AS POLICE WEEK
WHEREAS, the Congress of the United States of America has designated the calendar week of
each year during which May 15 occurs as "National Police Week" and May 15' of
each year to be "Peace Officers' Memorial Day "; and
WHEREAS, Police Officers protect and preserve life and property against crime and take personal
risks in dealing with those who would threaten the peace of our communities.
NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of
Minnesota, do hereby proclaim the week of May 13 through May 19, 2001, as Police Week and that
our Community joins with other cities to honor all Police Officers everywhere and call upon our
citizens to recognize the dedicated service of the Police Officers of Brooklyn Center.
Date Mayor
Attest:
City Clerk
City Council Agenda Item No. lOc
PROCLAMATION
DECLARING AUGUST 5, 2001, AS
NATIONAL KIDSDAY
WHEREAS, the children of Brooklyn Center are the foundation on which our future success is
built; and
WHEREAS, children seek parents, mentors, and friends to aid them in reaching important goals;
and
WHEREAS, families and communities play vital roles in helping children develop a positive sell
image, sense of belonging, and a sense of competence; and
WHEREAS, National KidsDay is a special day set aside each year (the first Sunday in August) to
encourage and remind adults that the meaningful time they share with children is
important to their development; and
WHEREAS, the National KidsDay Alliance, comprised of Boys & Girls Clubs of America, 4 -H,
KidsPeace, and YMCA, together reach more than 20 million youth via their services
and community involvement; and
WHEREAS, National KidsDay emphasizes the importance of meaningful time spent with kids on
this Day and every day, all year long; and
WHEREAS, the National KidsDay Alliance is working to establish National KidsDay on the
national calendar.
NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of
Minnesota, do hereby proclaim August 5, 2001, as National KidsDay in the City of Brooklyn
Center and call upon all citizens to join with me in recognizing and commending the National
KidsDay Alliance organizations in our area for providing their everyday contributions and
commitment to improving the lives of the children and young adults in our communities.
Date Mayor
ATTEST:
City Clerk
SHARE A MOMENT. CREATE A MEMORY. MAKE A KID'S DAY.
P g1O/�
January 2001
KidsDay
�9
Dear Honorable Mayor:
Do you want to help make history? There's an exciting initiative that can do just that. It's called
National KidsDay, and it's happening the first Sunday in August annually. This year's event is
Sunday, August 5th.
Simply stated, National KidsDay is an annual day set aside specifically for adults to celebrate
and honor America's children. Four youth- serving organizations united to launch this new
national tradition. Boys & Girls Clubs of America, 4 -H, Ki.dsPeace and the YMCA are
encouraging adults and children to share in relationship - building activities that create positive
and memorable experiences. Our organizations, like you, know that building strong families
helps build strong communities. That's why we need your support and leadership.
As a community leader and the voice for millions of Americans, you are pivotal in bringing
National KidsDay to your constituents. The National KidsDay Alliance respectfully asks you to:
— Proclaim your city a National KidsDay community. (A list of supporting mayors will be a part
of the public announcement of National KidsDay in June, following the U.S. Conference of
Mayors meeting.)
— Participate in one of the National KidsDay events that will take place in your city on Sunday,
August 5. We know that your schedule fills up quickly so we'd love it if you could mark your
calendar for August 5 from 1 - 4 p.m. Any time you give is greatly appreciated.
A local Alliance representative will contact your office over the next several weeks to discuss the
proposal in greater detail. If there are any questions or concerns you would like to discuss
before then, please do not hesitate to contact me at 404/487 -5856.
On behalf of the National KidsDay Alliance, thank you in advance for supporting this worthy and
long overdue endeavor, while helping us share a moment, create a memory and make a kid's
day.
Best regards,
Scott Hallenbeck
Vice President, National KidsDay
C �
BOYS & GIRLS CLUBS OF AMERICA
1230 W. PEACHTREE ST., NW ATLANTA, GA 30309 -3447
404.487.5868 • FAX 404.487.5787 - www.kidsday.com
SHARE A MOMENT. CREATE A MEMORY. MAKE A KID'S DAY.
P � 1ON
� Q !
KWSDayl
We pledge to spend meaningful time together,
To talk,
To listen,
To learn and to play,
To share a moment, create a memory and make a kid's day.
Did you know that unlike many other countries, America doesn't designate an official day to celebrate kids? Many
have tried to establish days, weeks, even months to raise awareness for youth- related issues. Others have lobbied
for a day of recognition for America's children, but so far the national calendar is still without a National KidsDay.
The National KidsDay Alliance is working to change that
What Is National KidsDay?
Simply stated, it's an annual day set aside specifically for adults to celebrate and honor America's children. That's it.
Four youth- serving organizations united to establish National KidsDay as a new national tradition. Boys & Girls
Clubs of America, 4 -H, KidsPeace and the YMCA are collaborating to encourage adults and children to share in
relationship - building activities that create positive and memorable experiences on National KidsDay and beyond.
Whether having your favorite meal together, enjoying a community celebration, creating a family photo album or
distributing toys to a children's hospital, we're sure you'll agree, spending meaningful time with kids is essential to
their development and long -term well- being.
National KidsDay will take place every year on the first Sunday in August, beginning this year on August 5`''. The
long -term goal is to place National KidsDay on the national calendar.
Take the National KidsDay pledge (above) and honor Americas children because time together
makes a difference forever!
Who Is Behind National KidsDay?
The Alliance
The National KidsDay Alliance is a unique partnership between Boys & Girls Clubs of America, 4 -H, KidsPeace and
YMCA. Together the Alliance serves 20 million kids in rural, inner -city and suburban communities and in every
county in America. (Of course, we'll be celebrating at our locations and encourage families to join in our fun
events.)
Kids Council
Kids are telling us how to make their day. We've selected a diverse council of young people to offer input on why
National KidsDay is important to them. Additionally, they are helping to spread the word by encouraging other
young people to participate on the Day, doing community outreach, and conducting media interviews.
•
BOYS & GIRLS CLUBS OF AMERICA
1230 W. PEACHTREE ST., NW • ATLANTA, GA 30309 -3447
404.487.5868 • FAX 404.487.5787 • www.kidsday.com
Official Sponsors
If it were not for the generous support of our many partners, the Alliance could not make National KidsDay a
reality. An amazing team of concerned corporations is working to generate awareness, encourage participation
and raise money for the Alliance organizations to benefit more children.
So What DoWe Hope To Accomplish?
I . A day to celebrate and honor America's children that will eventually be placed on the national calendar
2. Fostering of healthy adult and child interaction, which can result in a positive self - identity and a sense of
belonging and competence in young people
3. Lastly, we want to raise money and resources to benefit more children
How Do We Expect To Gain Exposure?
Simple. We started with four major youth- serving organizations and gained the support of national corporations
and key media partners. Next, we leveraged the Alliance by reaching out community by community encouraging
participation in 'the Day. Not only do we want millions of people spending meaningful time together, we want
them to "define" what meaningful time is. That's yet another way our Kids Council contributes. Additionally,
experts in such areas as youth development and child psychology will offer valuable input.
We're not stopping there. We're reaching out to mayors' offices throughout America to encourage him or her to
proclaim their town a National KidsDay Community. But wait, there's more. There will be a National KidsDay
sweepstakes that children across the country can enter to win fun, educational prizes.
We'll also offer activity suggestions online at www.kidsday.net that will help folks plan for their first National
KidsDay. With support from Yahoo!, corporations, media partners and others, we hope to bring National
KidsDay into every community in America.
And there's nothing like good of fashion word -of- mouth. We're asking every person to "tell a friend" about
National KidsDay. The result can be millions of kids and adults celebrating together.
City Council Agenda Item No. lOd
MEMORANDUM
DATE: May 9, 2001
TO: Michael J. McCauley, City Manager
FROM: Todd Howard, City Engineer
SUBJECT: Engineer's Report for Improvements to Willow Lane
On April 9, 2001, the City Council received a petition from property owners along Willow Lane
between 1 -694 and the dead end north of 66 Avenue. On April 26, 2001 the Council declared
the petition adequate and ordered staff to prepare a report. A feasibility report on the requested
improvements is attached for Council Consideration.
The petition received by the City Council on April 9, 2001 along with a letter from the
Riverwood Association Chair, Sy Knapp, requested that improvements to Willow Lane be
undertaken in 2001. On May 1, 2001 a letter was received from the Riverwood Association that
included signatures of the remaining property owners. The letter clarified that the request for
improvements be made "at the conclusion of the building of the 21 townhomes." A copy of the
letter is attached.
As required by Chapter 429, a feasibility report has been prepared for Council's consideration.
The report concludes that improvements to the section of Willow Lane, between 1 -694 and the
dead end north of 66 Avenue, are not feasible or cost effective to complete in 2001. The report
also recommends including the Riverwood Neighborhood in the Capital Improvement Program
between 2003 and 2005.
It is recommended that the City Council adopt the attached resolution declaring the
improvements to Willow Lane not feasible or cost - effective at this time.
•
adoption: Member introduced the following resolution and moved its
RESOLUTION NO.
RESOLUTION ACCEPTING ENGINEER'S REPORT FOR IMPROVEMENTS TO WILLOW
LANE
WHEREAS, the Brooklyn Center City Council has previously directed the preparation of
an engineer's feasibility report regarding proposed improvements to Willow Lane; and
WHEREAS, the City Engineer has prepared said report that includes estimated costs for
street utility and storm sewer.
BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that:
1. The proposed improvements to Willow Lane are not feasible or cost effective to
construct at this time.
2. The City Manager is hereby instructed to consider the inclusion of the
Riverwood Neighborhood in the Capital Improvement Program between 2003
and 2005 for further Council consideration.
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.
- RIVERWOOD NEIGHBORHOOD ' r
• �41" � ` / , ' 111 -
A 5 5 0 C i A. T. • •i O N
• Honorable Mayor Kragness and City Cotmcihmembers . April 9, 2001
City of Brooklyn Center: ,
City Hall '
.6301 Shingle Creek Parkway ,
Brooklyn Center MN 55430 • -
Re: Petition for Willow Lane Improyements • . ;
Dear Mayor Kragness and City Councihnembers,
Please accept -'this letter•as the RiverwoodNeighborhood •Association's - staiement'of
support for the petition presented to you for the installation of improvements to Willow.
Lane From I -694 to the dead -end North of 66th Avenue North.
On behalf of our association, I wigh to thank the City for the long history of support
which our neighborhood has received in our quest to improve our neighborhood. The _
currently- proposed development of single - family homes'between Willow Lane and *T.H.
252 is the culminatiop of an extensive effort by the City, one which will certainly benefit
' our area, and the image of the entire City. We believe the approval'of the petition for
improvements to that section 6f-Willow Lane would be the final 'step�in'enhancing.that
portion of our neighborhood, and that it makes a great deal of sense to coordinate that
with the construction of improvements serving the new development.
While we recognize that it maybe difficult to include these improvements into your
already -busy program for 2001, we ask that you consider doing so if that is at.all =
possible. in supporting that petition, we. note ' its compliance with the City's "
"prioritization principles" for scheduling public improvements, i.e.:
1.' Projects which serve multiple needs: this project would. finally resolve the problem created when heavy construction
equipment used in the construction of the I-694 bridge over the Mississippi River
seriously damaged the surface of this •street. .
• because the new development will include the closing of the service road, and will
•. generate additional traffic, Willow Lane will be carrying more traffic than before.
•,,., p'1 of 2
• by including the replacement of water main on Willow Lane, this project would end
the problem of water main breaks in this location.
both the turnaround area on the South end of Willow Lane, and the barricaded dead -
end on the North, are eyesores which need to be resolved
• installation of a trail in conjunction with other improvements will fill in the "missing ,
link' in the Regional Trail which extends from downtown Minneapolis North into
Brooklyn Park
2. Projects which immediately reduce operating costs:
• completion of this project would immediately and significantly reduce the
maintenance costs associated with frequent and extensive patching and repair of the
street, and costs related to water main breaks.
3. Projects for which a majority of property owners submit a petition in support of
the project:
• the petition presented tonight was signed by nearly 100 % of all single - family home
owners adjoining the project, and the petitioners believe the owners of the Riverwood
Estate Apartments may join in their request
4. Projects which are part of a regional improvement:
• (not applicable to this project)
5. Projects in conjunction with other improvements in the area:
• certainly, the coordination of this project with Mr. Gleason's development simply
makes sense. In the course of installing the improvements to serve that development,
Willow Lane will need to be cut up at several locations to make connections to the
water main, to the sanitary *sewer, to the storm sewer, to private utilities, etc. Also,
the construction equipment working on that project will undoubtedly do some
damage to Willow Lane.
• If Willow Lane is improved this year, the developer will have the opportunity to
properly shape and landscape the boulevard area between Willow Lane and the back
end of the lots which abut Willow Lane. If Willow Lane is not improved now, that
responsibility may fall on the City, or on the people who buy those lots. .
• By doing this project this year, the residents will not need to cope with two separate
years of construction.
Thank you for your attention to, and your consideration of this request.
Respectfully submitted,
Sy Knap �, C Association
P. 2 of 2"
IMPROVEMENT PETITION
CITY OF BROOKLYN CENTER, MINNESOTA
RE: STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS
WILLOW LANE, I-694 TO DEAD END NORTH OF 66 AVENUE
TO THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER:
Pursuant to Minnesota Statutes, Chapter 429 I (we) the undersigned, owners of real property
abutting the above - described street, hereby petition that the following improvements be made
to Willow Lane between I -694 and the dead end north of 66 Avenue: street reconstruction,
installation of concrete curb and gutter and concrete aprons; replacement or rehabilitation of
water and sanitary sewer main as necessary; addition, replacement, or rehabilitation of storm
drainage facilities as necessary. I (we) petition that such improvement be made in accordance '
with the City's currently established policy for such improvements, and understand that this
policy would require that I (we) pay special assessments to help finance the requested project.
We understand that in 2001, for single - family, properties assessments per property are $2,290
for street improvements and $750 for storm drainage improvements. For all other properties
the assessment rates are $0.28 per square foot for street improvements and $0.14 for storm
drainage improvements. Assessments may be paid in full or in installments over ten years.
' Address(or legal Mailing Address
Name(s) description of property (If different than
(Please Print) abutting this improvement) property address) Signature(s)
�'Mx
ajill- aAl-' 0 1 / �;i4—_ a
J �n bu
.1 �1�
ti-
Please attach additional names and signatures as needed and return to:
City of Brooklyn Center Engineering, 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430
IMPROVEMENT PETITION
CITY OF BROOKLYN CENTER, MINNESOTA
RE: STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS
WILLOW LANE, I -694 TO DEAD END NORTH OF 66 AVENUE
TO THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER:
Pursuant to Minnesota Statutes, Chapter 429 I (we) the undersigned, owners of real property
abutting the above - described street, hereby petition that the following improvements be made
to Willow Lane between I-694 and the dead end north of 66" Avenue: street reconstruction,
installation of concrete curb and gutter and concrete aprons; replacement or rehabilitation of
water and sanitary sewer main as necessary; addition, replacement, or rehabilitation of storm
drainage facilities as necessary. I (we) petition that such improvement be made in accordance
with the City's currently established policy for such improvements, and understand that this
policy would require that I (we) pay special assessments to help finance the requested project.
We understand that in 2001, for single - family properties assessments per property are $2,290
for street improvements and $750 for storm drainage improvements. For all other properties
the assessment rates are $0.28 per square foot for street improvements and $0.14 for storm
drainage improvements. Assessments may be paid in full or in installments over ten years.
Address(or legal Mailing Address
Names) description of property (If different than
(Please Print) abutting this improvement) property address) - Signature(s)
at — A) C,4•�trY a �`
v i CI n Y14 G(v J x y W L ! jo c,_1 �laQ •'V
va
-rl
.1
.�
Lf�n ,
J ��` ' ��Yiih V(/ �� 4 ✓' ll�t.•JL(.f �'�'C:.. t /� �L'� ,
Please attach additional names and signatures as needed and return to:
City of Brooklyn Center Engineering, 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430
IMPROVEMENT PETITION
CITY OF BROOKLYN CENTER, MINNESOTA
RE: STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS
WILLOW LANE, I -694 TO DEAD END NORTH OF 60 AVENUE
TO THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER:
Pursuant to Minnesota Statutes, Chapter 429 I (we) the undersigned, owners of real property .
abutting the above - described street, hereby petition that the following improvements be made
to Willow Lane between I-694 and the dead end north of 66' Avenue: street reconstruction,
installation of concrete curb and gutter and concrete aprons; replacement or rehabilitation of
water and sanitary sewer main as necessary; addition, replacement; or rehabilitation of storm
drainage facilities as necessary. I (we) petition that such improvement be made in accordance
with the City's currently established policy for such improvements, and understand that this
policy would require that I (we) pay special assessments to help finance the requested project.
We understand that in 2001, for single- family properties assessments per property are $2,290
for street improvements and $750 for storm drainage improvements. For all other properties
the assessment rates are $0.28 per square foot for street improvements and $0.14 for storm
drainage improvements. Assessments may be paid in full or in installments over ten years.
Addressor legal Mailing Address
Name(s) description of property (If different than
(Please Print) abutting this improvement) property address) Signature(s)
m., A—Cw Lew
V--
6578 C •
Please attach additional names and signatures as needed and return to:
City of Brooklyn Center Engineering, 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430
IMPROVEMENT PETITION
CITY OF BROOKLYN CENTER, MINNESOTA
RE: STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS
WILLOW LANE, I -694 TO DEAD END NORTH OF 60 AVENUE
TO THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER:
Pursuant to Minnesota Statutes, Chapter 429 I (we) the undersigned, owners of real property
abutting the above - described street, hereby petition that the following improvements be made
to Willow Lane between I -694 and the dead end north of 66' Avenue: street reconstruction,
installation of concrete curb and gutter and concrete aprons; replacement or rehabilitation of
water and sanitary sewer main as necessary; addition, replacement, or rehabilitation of storm
drainage facilities as necessary. I (we) petition that such improvement be made in accordance
with the City's currently established policy for such improvements, and understand that this
policy would require that I (we) pay special assessments to help finance the requested project.
We understand that in 2001, for single - family properties assessments per property are $2,290
for street improvements and $750 for storm drainage improvements. For all other properties
the assessment rates are $0.28 per square foot for street improvements and $0.14 for storm
drainage improvements. Assessments may be paid in full or in installments over ten years.
Address(or legal Mailing Address
Name(s) description of property (If different than
(Please Print) abutting this improvement) property address) Signature(s)
Please attach additional names and signatures as needed and return to:
City of Brooklyn Center Engineering, 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430
a May 1, 2001
Todd Howard, PE
City Engineer
Mr. Howard,
We were instructed by Sy Knapp, Riverwood Neighborhood Association president, to
forward this petition page to you. Please include it with the four other petition pages that
were submitted at a recent City Council meeting regarding the street, storm drainage and
utility improvements to Willow Lane (1 -694 to Dead End North of 66th Avenue). The
signatures on this page are of the 2 residents we were not able to previously contact due
to their not being home for an extended period of time, and of the owner of the
Riverwood Estates apartments. This then completes the contacting of all of the residential
owners on this section of Willow Lane and 100 percent agreement of those residents to
request that the improvements be made at the conclusion of the building of the 21
townhouses by William Gleason along this section of Willow Lane, rather than in
2008 as is currently scheduled. We had asked that these specifics be articulated on the
petition by the City of Brooklyn Center but they were not. However, these specifics were
addressed with each resident and that is the scenario to which they agreed.
If you have any questions, please contact Ron and Pat Schmidt, 6518 Willow Lane,
phone 763 - 561 -2648. Thank you very much for your attention to this matter.
s
4 -
Ron and Pat Schmidt `
p.2
04/0612001 00;33 763- 561 -5683 RSVP RON SCHMIDT PAGE 01
IMPROVEMENT PETITION
CITY OF BIOOKLYN CENTER, MINNESOTA
RE: STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS
NYILLOW LAME, I -694 TO DEAD END NORTH OF 66 AVENUE
T4 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER.
Pursuant to Minnesota Statutes, Chapter 429 l (we) the undersigned, ovmers of real property
abutting the above - described street, hereby petition that the following improvements be made
to Willow Lane betwccn 1 -694 and the dead end north, of W Avenue: street reconstruction,
installation of concrete curb and gutter and concrete aprons, replacement or rehabilitation of
water and sanitary sewer main as necessary; addition, replacement, or rehabilitation of storm
drainage facilities as necessary. I (we) petition that such improvement be made in accordance
with the City's currently established policy for such improvements, and understand that this
policy would require that i (we) pay special assessments to help finance the requested project.
We understand that in 2001, for single- family properties assessments per property are $2,290
for street improvements and $750 for storm drainage inaproveinents. For all other properties
the assessment rates are $0.28 per square foot for street improvements and $0.14 for storm
drainage improvements. Assessments may be paid in fall or in installments over tent years.
Addressor legal Mailing Address
Name(s) description of property Of different than
(Please Print) abutting this improvement) property address) / Signature(s) ompfries
v�, ^wt�Ur Ezlhafn l-EL ta �� t f' 3( 2rl
,1 �
� 6>�^ � tol 207 � !os •` Jy Le��is�nt k [ mv
Please attach additional names and signatures as needed auad return to:
City of Brooklyn Center Engineering, 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430
City of Brooklyn Center
A great place to start. A great place to stay.
6301 SHINGLE CREEK PKWY
BROOKLYN CENTER, MINNESOTA 55430
ENGINEERING. 569 -3340
FAX. 569 -3494
ENGINEER'S
FEASIBILITY REPORT
FOR
Willow Lane
•
Between I -694 and a point 200 feet north of 66th Avenue
May, 2001
I hereby certify that this feasibility report
was prepared by me or under my direct
supervision, and that I am a duly Registered
Professional Engineer under the laws of the
State of Minnesota
Reg. No. 23095
Todd Howard. P. E.
City Engineer May 9, 2001
Feasibility Report Willow Lane Page I
SCOPE OF STUDY(see Figure 1)
The proposed project includes roadway and utility improvements for Willow Lane, between I -694 and
a point approximately 200 feet north of 66` Avenue. Estimated costs for the improvement are based
on available information. Boring logs, resident surveys, and resident involvement are not included in
this study.
This report was prepared in accordance with previous direction of the City Council. The
improvements have been petitioned for by more than 35 % in frontage of the real property owners
abutting Willow Lane.
PROPOSED IMPROVEMENTS
STREETS
Willow Lane is classified as a local residential street and was originally constructed in conjunction
with utility installations in the early 1960's. The City's Pavement Management Program indicates that
it is no longer cost - effective to routinely maintain this street (i.e., patch and sealcoat). Complete
reconstruction is warranted.
At the time of reconstruction, Willow Lane would be constructed as two lane roadways measuring 30
feet in width with a structural capacity for the current volume and vehicle distribution. On- street
parking on both sides would continue to be allowed on all streets as existing and in accordance with
the City's parking ordinances. Concrete curbs and gutters and driveway aprons would be installed as
part of the improvement.
An 8 -foot bituminous trail or concrete sidewalk is proposed as part of the improvements to Willow
Lane. The trail would provide an extension to the existing Hennepin County Trail system along the
Mississippi River and connect to the City's trail along West River Road.
The cost estimates in this report do include a lump sum allocation ($5,000) for planting boulevard
trees to replace those removed. An amount of $12,000 has also been allocated for replacement of
street lights.
STORM DRAINAGE
Storm sewer exists within the project area including a 78 -inch diameter interceptor that conveys
stormwater into the Mississippi River near the intersection of Willow Lane and 65' Avenue. To the
extent possible the existing storm sewer would be utilized. Costs are included for making repairs to
the existing system and adding catch basins along Willow Lane.
The cost estimates also includes a grit chamber for removing debris prior to discharge and two closure
structures to prevent backflow during periods of high water on the Mississippi.
Feasibility Report Willow Lane Page 2
SANITARY SEWERS
The sanitary sewer within the project area is 18 -inch and 21 -inch reinforced concrete pipe. Concrete
pipe is susceptible to ground water infiltration and root penetration. Also, once the reinforcing on the
concrete pipe is exposed in sanitary sewers, rapid deterioration of the pipe can occur.
Consistent with other neighborhood reconstruction projects, the estimated costs include replacing all
sanitary sewer services to the property line and repairs to the existing main.
WATER MAINS
The water distribution system on Willow Lane was installed in the early 1960's with cast iron pipe.
For the purposes of this report is was assumed that the water main would be replaced in total and
water services would be replaced to the property line. In addition, leaky valves, and aging hydrants
would be replaced as part of this work.
ESTIMATED COSTS AND FUNDING CONSIDERATIONS
The total estimated cost for the proposed project as follows:
ITEM AMOUNT
Street Reconstruction $ 236,500
Sanitary Sewer $ 43,000
Water Main $ 85,600
Storm Drainage $ 55,900
Subtotal $ 421,000
Contingency (20%) $ 84,000
Eng, Admin., legal (20 %) $ 84,000
TOTAL EST. PROJECT COST $ 589,000
It should be noted that the unit prices used to generate construction costs were approximately 30%
higher than a typical Brooklyn Center project due to the small size of the project.
Feasibility Report Willow Lane Page 3
ESTIMATED ASSESSMENTS
It is proposed to levy special assessments for street improvements in accordance with the 2001 rates
i adopted by the City Council. The rates adopted by the City Council provide for a standard 2001
residential street assessment rate of $2,290 per residential property. These rates would be assessed to
all benefited residential properties. All other property is assessed at a rate of $0.28 per square foot.
On this basis it is estimated that special assessments totaling $84,000 would be levied for street
improvements.
It is proposed to levy special assessments for storm drainage improvements in accordance with the
2001 rates adopted by the City Council. Application of this rate to properties benefited by these
improvements will result in estimated special assessments of $750 per single - family residential unit.
The total cost to be assessed would be $34,100.
2001 Project Schedule
A tentative schedule for the Willow Lane Project is as follows:
May 14 City Council receives feasibility report and calls for public hearing
June 11 Public Hearing, City Council may authorize the project and order preparation
of plans and specifications and hire a consultant.
July 9 Approve plans and specifications and authorize Ad for Bids
August 8 Bid opening
August 13 Bid Award
September 1 Construction Start
June, 2002 Construction Substantially Complete
Sept. 2002 Special Assessment Hearing
Based on the above schedule it is not realistic to complete the improvements in 2001. A schedule has
not been determined for the construction of the 21 townhome units proposed in the project area. The
Capital Improvement Program also identifies a riverbank erosion protection project in 2002 adjacent to
the proposed project. The townhome construction and the riverbank protection project would increase
truck traffic within the project area.
i
Feasibility Report Willow Lane Page 4
Conclusion & Recommendations
1. Reconstruction of Willow Lane in the 2001 construction season is not feasible or cost - effective.
® 2. Reconstruction of Willow Lane is warranted based on pavement condition and assumed
a b
condition of utilities.
3. Brooklyn Center's Street Reconstruction Program has previously reconstructed larger projects
in excess of 15,000 linear feet of roadway. Constructing 2000 feet segments will not achieve
economies of scale resulting in a significantly higher cost per mile. It is recommended that the
proposed Willow Lane improvements be made in connection with all roads east of 1 -694 and
east of West River Road.
4. At the time Willow Lane is reconstructed, this feasibility report should be updated to include
geotechnical information, a further evaluation of existing utilities and include a public
involvement section.
f
Todd Howard, P. E.
City Engineer
Reg. No. 23095
Feasibility Report Willow Lane Page 5
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City Council Agenda Item No. 10e
s
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION DECLARING EARLE BROWN DAYS AS A CIVIC EVENT
FROM JUNE 21 THROUGH JUNE 23, 2001
WHEREAS, the purpose of Earle Brown Days is to promote the City of
Brooklyn Center, its people, and amenities; and
WHEREAS, residents, the city community civic groups, and businesses
participate in the annual civic celebration to demonstrate the vitality of the City of Brooklyn
Center; and
WHEREAS, in order for Earle Brown Days, Inc. to schedule certain events
requiring City- issued administrative land use permits, it is necessary for Earle Brown Days to
be declared a civic event.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center
that Earle Brown Days are declared a civic event from June 21, 2001 through June 23, 2001.
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.
a
City Council Agenda Item No. 10f
'L
Member introduced the following resolution and moved
• its adoption:
RESOLUTION NO.
RESOLUTION OF THE CITY OF BROOKLYN CENTER, MINNESOTA
AUTHORIZING THE ISSUANCE OF ITS VARIABLE RATE DEMAND REVENUE
REFUNDING BONDS (BROOKDALE CORPORATE CENTER 1I PROJECT), SERIES
2001 IN THE AGGREGATE PRINCIPAL AMOUNT OF $8,100,000; PRESCRIBING THE
FORM OF AND AUTHORIZING THE EXECUTION OF AN INDENTURE OF TRUST, A
LOAN AGREEMENT AND CERTAIN RELATED DOCUMENTS; AUTHORIZING THE
EXECUTION AND SALE OF THE BONDS AND DIRECTING DELIVERY THEREOF;
CONSENTING TO THE DISTRIBUTION OF THE OFFICIAL STATEMENT; AND
PROVIDING FOR THE SECURITY, RIGHTS, AND REMEDIES OF THE OWNERS OF
SAID REVENUE BONDS
WHEREAS, the City of Brooklyn Center, Minnesota (the "Issuer ") is a municipal
corporation city duly organized and existing under its charter and the Constitution and laws of the
State of Minnesota; and
WHEREAS, pursuant to the Constitution and laws of the State of Minnesota,
particularly Sections 469.152 through 469.165, as amended (together, the "Act "), the Issuer is
• authorized to issue its revenue bonds, including revenue refunding bonds, with respect to projects as
described in the Act; and
WHEREAS, Sections 469.152 to 469.165 of the Act provides for the issuance by the
Issuer of revenue refunding bonds, the proceeds from the sale of which will be used to refund and
refinance the entire outstanding principal balance of the Issuer's $8,100,000 Industrial Development
Refunding Revenue Bonds (Brookdale Two Limited Partnership Project), Series 1994 (the "Prior
Bonds "), on behalf of BCC Associates LLC (the `Borrower "); and
WHEREAS, the Borrower proposes and requests that the Issuer finance the refunding
of the Prior Bonds by issuance of its Variable Rate Demand Revenue Refunding Bonds (Brookdale
Corporate Center II Project) Series 2001 in an aggregate principal amount of $8,100,000 (the
"Bonds ") under the Act; and
WHEREAS, the Issuer is authorized by the Act to enter into a revenue agreement
with any person in such manner that payments required thereby to be made by the contracting party
shall be fixed, and revised from time to time as necessary, so as to produce income and revenue
sufficient to provide for the prompt payment of principal of and interest on all bonds issued under
the Act when due, and the revenue agreement shall also provide that the contracting party shall be
required to pay all expenses of the operation and maintenance of the project including, but without
limitation, adequate insurance thereon and insurance against all liability for injury to persons or
property arising from the operation thereof, and all taxes and special assessments levied upon or with
is respect to the project and payable during the term of the revenue agreement; and
RESOLUTION NO.
• WHEREAS, pursuant to the Act and the Indenture of Trust (the "Indenture ") dated as
of June 1, 2001 between the Issuer and U.S. Bank Trust National Association (the "Trustee "), the
Issuer proposes to authorize, issue and sell the Bonds in an aggregate principal amount of
$8,100,000, payable solely from the amounts pledged therefor under the Indenture; and
WHEREAS, pursuant to a Loan Agreement ( "Loan Agreement "), dated as of June 1,
2001, between the Issuer and the Borrower, the Issuer proposes to loan the proceeds of the Bonds to
the Borrower, which the Borrower will agree to repay in installments in amounts and at times
sufficient to pay the principal of, premium, if any, and interest on the Bonds when due, and which
proceeds the Borrower will agree to use to redeem and prepay the outstanding principal balance of
the Prior Bonds; and
WHEREAS, neither the Issuer nor the State of Minnesota nor any political
subdivision thereof (other than the Issuer and then only to the extent of the trust estate pledged in the
Indenture, which consists of the payments to be made by the Borrower in accordance with the Loan
Agreement), shall be liable on the Bonds, and the Bonds shall not be a debt of the Issuer or the State
of Minnesota or any political subdivision thereof (other than the Issuer and then only to the extent of
the trust estate pledged in the Indenture, which consists of the payments to be made by the Borrower
in accordance with the Loan Agreement), and in any event shall not give rise to a charge against the
credit or taxing power of the Issuer, Hennepin County (the "County "), the State of Minnesota, or any
political subdivision thereof;
• NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF BROOKLYN CENTER, MINNESOTA AS FOLLOWS:
Section 1. On the basis of the information given the Issuer to date, it appears that it
would be desirable for the Issuer to issue its revenue refunding bonds under the
provisions of the Act to finance the refunding of the Prior Bonds in the aggregate
face amount of $8,100,000 from the proceeds of the Bonds.
It is hereby determined to proceed with the refunding of the Prior Bonds and this
Council hereby authorizes the issuance of the Bonds in order to refund the Prior
Bonds pursuant to the Indenture. The Bonds shall not constitute a charge, lien or
encumbrance, legal or equitable, upon any property of the Issuer, except the revenues
specifically pledged to the payment thereof, and each Bond, when, as and if issued,
shall recite in substance that the Bond, including interest thereon, is payable solely
from the revenues and property specifically pledged to the payment thereof, and shall
not constitute a debt of the Issuer within the meaning of any constitutional or
statutory limitation.
Section 2. The Issuer will enter into a loan agreement or similar agreement
satisfying the requirements of the Act (the "Loan Agreement ") with the Borrower.
The loan payments or other amounts payable by the Borrower to the Issuer under the
• Loan Agreement shall be sufficient to pay the principal of, and interest and
RESOLUTION NO.
redemption premium, if any, on the Bonds as and when the same shall become due
and payable.
The Borrower has agreed and it is hereby determined that any and all direct and
indirect costs incurred by the Issuer in connection with the refinancing of the Project
will be paid by the Borrower upon request.
Section 3. The Issuer finds, determines, and declares that the purpose of the Bonds is
to provide financing for the refunding of the Prior Bonds, the proceeds of which will
be loaned to the Borrower for such purpose, meeting the general purposes
contemplated and described in the Act.
Section 4. The Issuer further finds that the Bonds are payable solely from the trust
estate including the Issuer's interest in the Loan Agreement and secured by a letter of
credit issued pursuant to a Reimbursement Agreement, dated as of November 29,
2000 between the Borrower and Firstar Bank, National Association (the "Credit
Bank "), as amended by the First Amendment to the Brookdale II Reimbursement
Agreement, dated as of June 1, 2001, between the Company and the Credit Bank.
Section 5. The Issuer further finds, determines, and declares that it is in the best
interests of the Issuer to (1) provide for the issuance of the Bonds, the disbursement
of the proceeds and the security therefor pursuant to the terms of the Indenture; and
(2) loan the proceeds of the Bonds to the Borrower in accordance with the provisions
of the Loan Agreement.
Section 6. The Issuer further finds, determines and declares that, to the best of its
knowledge, no member of the governing body or other officer or employee of the
Issuer is directly or indirectly interested in the Loan Agreement or the Bond Purchase
Agreement (as defined below), the issuance and sale of the Bonds, the Project or any
contract, agreement or job contemplated to be undertaken thereunder or with respect
thereto which would violate Minnesota Statutes, Sections I OA.07 or 471.88.
Section 7. The issuance of the Bonds for the purpose of refunding the Prior Bonds is
hereby authorized. The Bonds shall bear interest at a variable rate pursuant to the
terms of the Indenture (said rate not to exceed ten percent (10 %) per annum, subject
to final determination and subsequent adjustments as set forth in the Indenture), shall
be in such denomination and form, be numbered and dated, shall mature and be
subject to redemption prior to maturity, and shall have such other details and
provisions as are prescribed by the Indenture.
Section 8. The Bonds shall be special limited obligations of the Issuer payable solely
from and secured by a pledge of the trust estate under the Indenture, including the
Issuer's interest in the Loan Agreement, in the manner provided in the Indenture.
The Bonds do not constitute an indebtedness, liability, general or moral obligation
(except to the extent of the trust estate pledged under the Indenture) or a pledge of the
RESOLUTION NO.
faith and credit or any taxing power of the Issuer, the County, the State of Minnesota,
• or any political subdivision thereof.
The Issuer hereby authorizes and directs the Mayor and the City Manager to execute
the Indenture, and to deliver to said Trustee the Indenture, and hereby authorizes and
directs the execution and delivery of the Bonds in accordance with the Indenture, and
hereby provides that the Indenture shall provide the terms and conditions covenants ,
Yp
P
rights, obligations, duties, and agreements of the bondholders, the Issuer and the
Trustee as set forth therein.
All of the provisions of the Indenture, when executed as authorized herein, shall be
deemed to be a part of this resolution as fully and to the same extent as if
incorporated verbatim herein and shall be in full force and effect from the date of
execution and delivery thereof. The Indenture shall be substantially in the form on
file with the Issuer on the date hereof, and is hereby approved with such necessary
and appropriate variations, omissions, and insertions as are not materially
inconsistent with such form and as the Mayor, in the Mayor's discretion with advice
of the city attorney, shall determine; provided that the execution thereof by the
Mayor shall be conclusive evidence of such determination.
Section 9. The Mayor and the City Manager are hereby designated as the
representatives of the Issuer with respect to the issuance of the Bonds and the
® transactions related thereto and the Mayor is hereby authorized and directed to
accept, execute and deliver the Bond Purchase Agreement (the "Bond Purchase
Agreement ") among the Issuer, the Borrower and U.S. Bancorp Piper Jaffray Inc.
(the "Underwriter "). All of the provisions of the Bond Purchase Agreement, when
executed and delivered as authorized herein, shall be deemed to be a part of this
resolution as fully and to the same extent as if incorporated verbatim herein and shall
be in full force and effect from the date of execution and delivery thereof. The Bond
Purchase Agreement shall be substantially in the form on file with the Issuer on the
date hereof, and is hereby approved with such necessary and appropriate variations,
omissions, and insertions as are not materially inconsistent with such form as the
Mayor, in the Mayor's discretion with advice of the city attorney, shall determine;
provided that the execution thereof by the Mayor shall be conclusive evidence of
such determination.
Section 10. The Mayor and the City Manager are hereby authorized and directed to
Y Y � Y
execute and deliver the Loan Agreement with the Borrower, and when executed and
delivered as authorized herein, the Loan Agreement shall be deemed to be a part of
this resolution as fully and to the same extent as if incorporated verbatim herein and
shall be in full force and effect from the date of execution and delivery thereof. The
Loan Agreement shall be substantially in the form on file with the Issuer on the date
hereof, which is hereby approved, with such necessary variations, omissions, and
insertions as are not materially inconsistent with such form and as the Mayor, in the
RESOLUTION NO.
Mayor's discretion with advice of the city attorney, shall determine; provided that the
execution thereof by the Mayor shall be conclusive evidence of such determination.
Section 11. All covenants, stipulations, obligations, representations, and agreements
of the Issuer contained in this resolution or contained in the Indenture or other
documents referred to above shall be deemed to be the covenants, stipulations,
obligations, representations, and agreements of the Issuer to the full extent authorized
or permitted by law, and all such covenants, stipulations, obligations, representations,
and agreements shall be binding upon the Issuer. Except as otherwise provided in
this resolution, all rights, powers, and privileges conferred, and duties and liabilities
imposed, upon the Issuer by the provisions of this resolution or of the Indenture or
other documents referred to above shall be exercised or performed by the Issuer, or
by such officers, board, body, or agency as may be required or authorized by law to
exercise such powers and to perform such duties. No covenant, stipulation,
obligation, representation, or agreement herein contained or contained in the
Indenture or other documents referred to above shall be deemed to be a covenant,
stipulation, obligation, representation, or agreement of any officer, agent, or
employee of the Issuer in that person's individual capacity, and neither the members
of the City Council of the Issuer nor any officer or employee executing the Bonds
shall be liable personally on the Bonds or be subject to any personal liability or
accountability by reason of the issuance thereof.
No provision, covenant or agreement contained in the Indenture, the Loan
Agreement, the Bond Purchase Agreement, the Bonds or in any other document
relating to the Bonds, and no obligation therein or herein imposed upon the Issuer or
the breach thereof, shall constitute or give rise to a general obligation of the Issuer or
any charge upon its general credit or taxing powers. In making the agreements,
provisions, covenants and representations set forth in the Indenture, the Loan
Agreement, the Bond Purchase Agreement, the Bonds or in any other document
relating to the Bonds, the Issuer has not obligated itself to pay or remit any funds or
revenues other than the trust estate described in the Indenture.
Section 12. Except as herein otherwise expressly provided, nothing in this resolution
or in the Indenture, expressed or implied, is intended or shall be construed to confer
upon any person, other than the Issuer, the owners of the Bonds, and the Trustee, as
fiduciary for owners of the Bonds, to the extent expressly provided in the Indenture,
any right, remedy, or claim, legal or equitable, under and by reason of this resolution
or any provision hereof or of the Indenture or any provision thereof; this resolution,
the Indenture and all of their provisions being intended to be and being for the sole
and exclusive benefit of the Issuer, the owners of the Bonds, and the Trustee as
fiduciary for owners of the Bonds issued under the provisions of this resolution and
the Indenture, and the Borrower to the extent expressly provided in the Indenture.
Section 13. In case any one or more of the provisions of this resolution or of the
Indenture or of the Bonds issued hereunder shall for any reason be held to be illegal
RESOLUTION NO.
or invalid, such illegality or invalidity shall not affect any other provision of this
r resolution or of the Indenture or of the Bonds, but this resolution, the Indenture, and
the Bonds shall be construed as if such illegal or invalid provision had not been
contained therein. The terms and conditions set forth in the Indenture, the pledge of
revenues derived from the Loan Agreement referred to in the Indenture, the creation
of the funds provided for in the Indenture, the provisions relating to the application of
the proceeds derived from the sale of the Bonds pursuant to and under the Indenture,
and the application of said revenues, collateral, and other moneys are all
commitments, obligations, and agreements on the part of the Issuer contained in the
Indenture, and the invalidity of the Indenture shall not affect the commitments,
obligations, and agreements on the part of the Issuer to create such funds and to apply
said revenues, other moneys, and proceeds of the Bonds for the purposes, in the
manner, and according to the terms and conditions fixed in the Indenture, it being the
intention hereof that such commitments on the part of the Issuer are as binding as if
contained in this resolution separate and apart from the Indenture.
Section 14. All acts, conditions, and things required by the laws of the State of
Minnesota, relating to the adoption of this resolution, to the issuance of the Bonds,
and to the execution of the Indenture and the other documents referred to above to
happen, exist, and be performed precedent to and in the enactment of this resolution,
and precedent to the issuance of the Bonds, and precedent to the execution of the
Indenture and the other documents referred to above have happened, exist, and have
been performed as so required by law.
Section 15. The members of the City Council of the Issuer, officers of the Issuer,
and attorneys and other agents or employees of the Issuer are hereby authorized to do
all acts and things required by them by or in connection with this resolution and the
Indenture and the other documents referred to above for the full, punctual, and
complete performance of all the terms, covenants, and agreements contained in the
Bonds, the Indenture and the other documents referred to above, and this resolution.
Section 16. The Issuer hereby consents to the distribution of the Official Statement
in connection with the sale of the Bonds, in substantially the form of the Official
Statement on file with the Issuer as of the date hereof, and ratifies the distribution
thereof by the Underwriter; provided that the City Manager may approve such
variations, omissions, and insertions as are not materially inconsistent with the form
approved by this City Council on the date hereof and with such changes as shall be
necessary, in the opinion of legal counsel, to comply with applicable securities laws.
The Official Statement is the sole material authorized by the Issuer for use in
connection with the offer and sale of the Bonds, except that copies of the documents
referenced above may be provided upon request.
Section 17. The Mayor and the City Manager are authorized and directed to execute
and deliver any and all certificates, agreements or other documents which are
required by the Indenture, the Loan Agreement, the Bond Purchase Agreement or any
RESOLUTION NO.
other certificates or documents which are deemed necessary by bond counsel to
evidence the validity or enforceability of the Bonds, the Indenture or the other
documents referred to in this resolution, or to evidence compliance with Section 148
of the Internal Revenue Code of 1986, as amended; and to take such other
administrative action as is permitted or required by the Indenture, the Loan
Agreement and the Bond Purchase Agreement. All such agreements or
representations when made shall be deemed to be agreements or representations, as
the case may be, of the Issuer.
Section 18. If for any reason the Mayor is unable to execute and deliver those
documents referred to in this resolution, any other member of the City Council of the
Issuer may execute and deliver such documents with the same force and effect as if
such documents were executed by the Mayor. If for any reason the City Manager is
unable to execute and deliver the documents referred to in this resolution, such
documents may be executed and delivered by any member of the City Council with
the same force and effect as if such documents were executed and delivered by the
City Manager.
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�
City Council Agenda Item No. lOg
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION OF THE CITY OF BROOKLYN CENTER, MINNESOTA
AUTHORIZING THE ISSUANCE OF ITS VARIABLE RATE DEMAND
REVENUE REFUNDING BONDS (BROOKDALE CORPORATE CENTER III
PROJECT), SERIES 2001 IN THE AGGREGATE PRINCIPAL AMOUNT OF
$5,100,000; PRESCRIBING THE FORM OF AND AUTHORIZING THE
EXECUTION OF AN INDENTURE OF TRUST, A LOAN AGREEMENT AND
CERTAIN RELATED DOCUMENTS; AUTHORIZING THE EXECUTION AND
SALE OF THE BONDS AND DIRECTING DELIVERY THEREOF;
CONSENTING TO THE DISTRIBUTION OF THE OFFICIAL STATEMENT;
AND PROVIDING FOR THE SECURITY, RIGHTS, AND REMEDIES OF THE
OWNERS OF SAID REVENUE BONDS
WHEREAS, the City of Brooklyn Center, Minnesota (the "Issuer ") is a municipal
corporation city duly organized and existing under its charter and the Constitution and laws of the
State of Minnesota; and
WHEREAS, pursuant to the Constitution and laws of the State of Minnesota, particularly
® Sections 469.152 through 469.165, as amended (together, the "Act "), the Issuer is authorized to issue
its revenue bonds, including revenue refunding bonds, with respect to projects as described in the
Act; and
WHEREAS, Sections 469.152 to 469.165 of the Act provides for the issuance by the Issuer
of revenue refunding bonds, the proceeds from the sale of which will be used to refund and refinance
the entire outstanding principal balance of the Issuer's $5,100,000 Commercial Development
Refunding Revenue Bonds (Brookdale Associates Limited Partnership Project), Series 1991 (the
"Prior Bonds "), on behalf of BCC Associates LLC (the "Borrower "); and
WHEREAS, the Borrower proposes and requests that the Issuer finance the refunding
of the Prior Bonds by issuance of its Variable Rate Demand Revenue Refunding Bonds (Brookdale
Corporate Center III Project) Series 2001 in an aggregate principal amount of $5,100,000 (the
"Bonds ") under the Act; and
WHEREAS, the Issuer is authorized by the Act to enter into a revenue agreement
with any person in such manner that payments required thereby to be made by the contracting party
shall be fixed, and revised from time to time as necessary, so as to produce income and revenue
sufficient to provide for the prompt payment of principal of and interest on all bonds issued under
the Act when due, and the revenue agreement shall also provide that the contracting party shall be
required to pay all expenses of the operation and maintenance of the project including, but without
limitation, adequate insurance thereon and insurance against all liability for injury to persons or
•
RESOLUTION NO.
property arising from the operation thereof, and all taxes and special assessments levied upon or with
respect to the project and payable during the term of the revenue agreement; and
WHEREAS, pursuant to the Act and the Indenture of Trust (the "Indenture ") dated as
of June 1, 2001 between the Issuer and U.S. Bank Trust National Association (the "Trustee "), the
Issuer proposes to authorize, issue and sell the Bonds in an aggregate principal amount of
$5,100,000, payable solely from the amounts pledged therefor under the Indenture; and
WHEREAS, pursuant to a Loan Agreement ( "Loan Agreement"), dated as of June 1,
2001, between the Issuer and the Borrower, the Issuer proposes to loan the proceeds of the Bonds to
the Borrower, which the Borrower will agree to repay in installments in amounts and at times
sufficient to pay the principal of, premium, if any, and interest on the Bonds when due, and which
proceeds the Borrower will agree to use to redeem and prepay the outstanding principal balance of
the Prior Bonds; and
WHEREAS, neither the Issuer nor the State of Minnesota nor any political
subdivision thereof (other than the Issuer and then only to the extent of the trust estate pledged in the
Indenture, which consists of the payments to be made by the Borrower in accordance with the Loan
Agreement), shall be liable on the Bonds, and the Bonds shall not be a debt of the Issuer or the State
of Minnesota or any political subdivision thereof (other than the Issuer and then only to the extent of
the trust estate pledged in the Indenture, which consists of the payments to be made by the Borrower
in accordance with the Loan Agreement), and in any event shall not give rise to a charge against the
credit or taxing power of the Issuer, Hennepin County (the "County "), the State of Minnesota, or any
political subdivision thereof,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF BROOKLYN CENTER, MINNESOTA AS FOLLOWS:
Section 1. On the basis of the information given the Issuer to date, it appears that it
would be desirable for the Issuer to issue its revenue refunding bonds under the
provisions of the Act to finance the refunding of the Prior Bonds in the aggregate
face amount of $5,100,000 from the proceeds of the Bonds.
It is hereby determined to proceed with the refunding of the Prior Bonds and this
Council hereby authorizes the issuance of the Bonds in order to refund the Prior
Bonds pursuant to the Indenture. The Bonds shall not constitute a charge, lien or
encumbrance, legal or equitable, upon any property of the Issuer, except the revenues
specifically pledged to the payment thereof, and each Bond, when, as and if issued,
shall recite in substance that the Bond, including interest thereon, is payable solely
from the revenues and property specifically pledged to the payment thereof, and shall
not constitute a debt of the Issuer within the meaning of any constitutional or
statutory limitation.
•
RESOLUTION NO.
• Section 2. The Issuer will enter into a loan agreement or similar agreement
satisfying the requirements of the Act (the "Loan Agreement ") with the Borrower.
The loan payments or other amounts payable by the Borrower to the Issuer under the
Loan Agreement shall be sufficient to pay the principal of, and interest and
redemption premium, if any, on the Bonds as and when the same shall become due
and payable.
The Borrower has agreed and it is hereby determined that any and all direct and
indirect costs incurred by the Issuer in connection with the refinancing of the Project
will be paid by the Borrower upon request.
Section 3, The Issuer finds, determines, and declares that the purpose of the Bonds is
to provide financing for the refunding of the Prior Bonds, the proceeds of which will
be loaned to the Borrower for such purpose, meeting the general purposes
contemplated and described in the Act.
Section 4. The Issuer further finds that the Bonds are payable solely from the trust
estate including the Issuer's interest in the Loan Agreement and secured by a letter of
credit issued pursuant to a Reimbursement Agreement, dated as of November 29,
2000 between the Borrower and Firstar Bank, National Association (the "Credit
Bank "), as amended by the First Amendment to the Brookdale III Reimbursement
® Agreement, dated as of June 1, 2001, between the Company and the Credit Bank.
Section
5. The Issuer further finds , determines, and declares that it is in the best
interests of the Issuer to (1) provide for the issuance of the Bonds, the disbursement
of the proceeds and the security therefor pursuant to the terms of the Indenture; and
(2) loan the proceeds of the Bonds to the Borrower in accordance with the provisions
of the Loan Agreement.
Section 6. The Issuer further finds, determines and declares that, to the best of its
knowledge, no member of the governing body or other officer or employee of the
Issuer is directly or indirectly interested in the Loan Agreement or the Bond Purchase
Agreement (as defined below), the issuance and sale of the Bonds, the Project or any
contract, agreement or job contemplated to be undertaken thereunder or with respect
thereto which would violate Minnesota Statutes, Sections 10A.07 or 471.88.
Section 7. The issuance of the Bonds for the purpose of refunding the Prior Bonds is
hereby authorized. The Bonds shall bear interest at a variable rate pursuant to the
terms of the Indenture (said rate not to exceed ten percent (10 %) per annum, subject
to final determination and subsequent adjustments as set forth in the Indenture), shall
be in such denomination and form, be numbered and dated, shall mature and be
subject to redemption prior to maturity, and shall have such other details and
provisions as are prescribed by the Indenture.
•
RESOLUTION NO.
Section 8. The Bonds shall be special limited obligations of the Issuer payable solely
from and secured by a pledge of the trust estate under the Indenture, includin g the
Issuer's interest nt est m the Loan Agreement, in the manner provided in the Indenture.
The Bonds do not constitute an indebtedness, liability, general or moral obligation
(except to the extent of the trust estate pledged under the Indenture) or a pledge of the
faith and credit or any taxing power of the Issuer, the County, the State of Minnesota,
or any political subdivision thereof.
The Issuer hereby authorizes and directs the Mayor and the City Manager to execute
the Indenture, and to deliver to said Trustee the Indenture, and hereby authorizes and
directs the execution and delivery of the Bonds in accordance with the Indenture, and
hereby provides that the Indenture shall provide the terms and conditions, covenants,
rights, obligations, duties, and agreements of the bondholders, the Issuer and the
Trustee as set forth therein.
All of the provisions of the Indenture, when executed as authorized herein, shall be
deemed to be a part of this resolution as fully and to the same extent as if
incorporated verbatim herein and shall be in full force and effect from the date of
execution and delivery thereof. The Indenture shall be substantially in the form on
file with the Issuer on the date hereof, and is hereby approved with such necessary
and appropriate variations, omissions, and insertions as are not materially
inconsistent with such form and as the Mayor, in the Mayor's discretion with advice
of the city attorney, shall determine; provided that the execution thereof by the
Mayor shall be conclusive evidence of such determination.
Section 9. The Mayor and the City Manager are hereby designated as the
representatives of the Issuer with respect to the issuance of the Bonds and the
transactions related thereto and the Mayor is hereby authorized and directed to
accept, execute and deliver the Bond Purchase Agreement (the "Bond Purchase
Agreement ") among the Issuer, the Borrower and U.S. Bancorp Piper Jaffray Inc.
(the "Underwriter "). All of the provisions of the Bond Purchase Agreement, when
executed and delivered as authorized herein shall be deemed to be a part of this
resolution as fully and to the same extent as if incorporated verbatim herein and shall
be in full force and effect from the date of execution and delivery thereof. The Bond
Purchase Agreement shall be substantially in the form on file with the Issuer on the
date hereof, and is hereby approved with such necessary and appropriate variations,
omissions, and insertions as are not materially inconsistent with such form as the
Mayor, in the Mayor's discretion with advice of the city attorney, shall determine;
provided that the execution thereof by the Mayor shall be conclusive evidence of
such determination.
Section 10. The Mayor and the City Manager are hereby authorized and directed to
execute and deliver the Loan Agreement with the Borrower, and when executed and
• delivered as authorized herein, the Loan Agreement shall be deemed to be a part of
RESOLUTION NO.
® this resolution as fully and to the same extent as if incorporated verbatim herein and
shall be in full force and effect from the date of execution and delivery thereof. The
Loan Agreement shall be substantially in the form on file with the Issuer on the date
hereof, which is hereby approved, with such necessary variations, omissions, and
insertions as are not materially inconsistent with such form and as the Mayor, in the
Mayor's discretion with advice of the city attorney, shall determine; provided that the
execution thereof by the Mayor shall be conclusive evidence of such determination.
Section 11. All covenants, stipulations, obligations, representations, and agreements
of the Issuer contained in this resolution or contained in the Indenture or other
documents referred to above shall be deemed to be the covenants, stipulations,
obligations, representations, and agreements of the Issuer to the full extent authorized
or permitted by law, and all such covenants, stipulations, obligations, representations,
and agreements shall be binding upon the Issuer. Except as otherwise provided in
this resolution, all rights, powers, and privileges conferred, and duties and liabilities
imposed, upon the Issuer by the provisions of this resolution or of the Indenture or
other documents referred to above shall be exercised or performed by the Issuer, or
by such officers, board, body, or agency as may be required or authorized by law to
exercise such powers and to perform such duties. No covenant, stipulation,
obligation, representation, or agreement herein contained or contained in the
Indenture or other documents referred to above shall be deemed to be a covenant,
stipulation, obligation, representation, or agreement of any officer, agent, or
employee of the Issuer in that person's individual capacity, and neither the members
of the City Council of the Issuer nor any officer or employee executing the Bonds
shall be liable personally on the Bonds or be subject to any personal liability or
accountability by reason of the issuance thereof.
No provision, covenant or agreement contained in the Indenture, the Loan
Agreement, the Bond Purchase Agreement, the Bonds or in any other document
relating to the Bonds, and no obligation therein or herein imposed upon the Issuer or
the breach thereof, shall constitute or give rise to a general obligation of the Issuer or
any charge upon its general credit or taxing powers. In making the agreements,
provisions, covenants and representations set forth in the Indenture, the Loan
Agreement, the Bond Purchase Agreement, the Bonds or in any other document
relating to the Bonds, the Issuer has not obligated itself to pay or remit any funds or
revenues other than the trust estate described in the Indenture.
Section 12. Except as herein otherwise expressly provided, nothing in this resolution
or in the Indenture, expressed or implied, is intended or shall be construed to confer
upon any person, other than the Issuer, the owners of the Bonds, and the Trustee, as
fiduciary for owners of the Bonds, to the extent expressly provided in the Indenture,
any right, remedy, or claim, legal or equitable, under and by reason of this resolution
or any provision hereof or of the Indenture or any provision thereof; this resolution,
the Indenture and all of their provisions being intended to be and being for the sole
RESOLUTION NO.
and exclusive benefit of the Issuer, the owners of the Bonds, and the Trustee as
fiduciary for owners of the Bonds issued under the provisions of this resolution and
the Indenture, and the Borrower to the extent expressly provided in the Indenture.
Section 13. In case any one or more of the provisions of this resolution or of the
Indenture or of the Bonds issued hereunder shall for any reason be held to be illegal
or invalid, such illegality or invalidity shall not affect any other provision of this
resolution or of the Indenture or of the Bonds, but this resolution, the Indenture, and
the Bonds shall be construed as if such illegal or invalid provision had not been
contained therein. The terms and conditions set forth in the Indenture, the pledge of
revenues derived from the Loan Agreement referred to in the Indenture, the creation
of the funds provided for in the Indenture, the provisions relating to the application of
the proceeds derived from the sale of the Bonds pursuant to and under the Indenture,
and the application of said revenues, collateral, and other moneys are all
commitments, obligations, and agreements on the part of the Issuer contained in the
Indenture, and the invalidity of the Indenture shall not affect the commitments,
obligations, and agreements on the part of the Issuer to create such funds and to apply
said revenues, other moneys, and proceeds of the Bonds for the purposes, in the
manner, and according to the terms and conditions fixed in the Indenture, it being the
intention hereof that such commitments on the part of the Issuer are as binding as if
contained in this resolution separate and apart from the Indenture.
Section 14. All acts, conditions, and things required by the laws of the State of
Minnesota, relating to the adoption of this resolution, to the issuance of the Bonds,
and to the execution of the Indenture and the other documents referred to above to
happen, exist, and be performed precedent to and in the enactment of this resolution,
and precedent to the issuance of the Bonds, and precedent to the execution of the
Indenture and the other documents referred to above have happened, exist, and have
been performed as so required by law.
Section 15. The members of the City Council of the Issuer, officers of the Issuer,
and attorneys and other agents or employees of the Issuer are hereby authorized to do
all acts and things required by them by or in connection with this resolution and the
Indenture and the other documents referred to above for the full, punctual, and
complete performance of all the terms, covenants, and agreements contained in the
Bonds, the Indenture and the other documents referred to above, and this resolution.
Section 16. The Issuer hereby consents to the distribution of the Official Statement
in connection with the sale of the Bonds, in substantially the form of the Official
Statement on file with the Issuer as of the date hereof, and ratifies the distribution
thereof by the Underwriter; provided that the City Manager may approve such
variations, omissions, and insertions as are not materially inconsistent with the form
approved by this City Council on the date hereof and with such changes as shall be
necessary, in the opinion of legal counsel, to comply with applicable securities laws.
RESOLUTION NO.
The Official Statement is the sole material authorized by the Issuer for use in
connection with the offer and sale of the Bonds, except that copies of the documents
referenced above may be provided upon request.
Section 17. The Mayor and the City Manager are authorized and directed to execute
and deliver any and all certificates, agreements or other documents which are
required by the Indenture, the Loan Agreement, the Bond Purchase Agreement or any
other certificates or documents which are deemed necessary by bond counsel to
evidence the validity or enforceability of the Bonds, the Indenture or the other
documents referred to in this resolution, or to evidence compliance with Section 148
of the Internal Revenue Code of 1986, as amended; and to take such other
administrative action as is permitted or required by the Indenture, the Loan
Agreement and the Bond Purchase Agreement. All such agreements or
representations when made shall be deemed to be agreements or representations, as
the case may be, of the Issuer.
Section 18. If for any reason the Mayor is unable to execute and deliver those
documents referred to in this resolution, any other member of the City Council of the
Issuer may execute and deliver such documents with the same force and effect as if
such documents were executed by the Mayor. If for any reason the City Manager is
unable to execute and deliver the documents referred to in this resolution, such
• documents may be executed and delivered by any member of the City Council with
the same force and effect as if such documents were executed and delivered by the
City Manager.
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution and 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. 10i
Office of the City Manager
ager
City of Brooklyn Center
• A Millennium Community
MEMORANDUM
TO: Mayor Kragness and Council Members Lasman, Nelson, Peppe, and Ricker
FROM: Michael I McCauley, City Manager
DATE: May 9, 2001
SUBJECT: Massage Ordinance
The City Attorney has prepared an ordinance amending the City's massage ordinance. Definitions are
added for "bona fide health club ", "qualified ", and "recognized school ". The ordinance amendment
includes exemptions from licensure for barber shops, hair or beauty salons, or for bona fide health clubs
and provides guidelines for massage in public places. The ordinance amendment requires a minimum of
500 hours of training in massage from a recognized school. The ordinance amendment is attached for
City Council review and direction.
. Attachment
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 CF BROOKLYN CENTER
Notice iohereby given that u public hearing will be held mn the ____ day o[ ,2001,
at 7:00 p.m. at City 8uL 6301 Shingle Creek Parkway, 0u consider an ordinance amending
Chapter 23relating to the Voensureofmassage. 1
Auxiliary aids for handicapped persons are uvu|uhln upon request at least 96 hours in advance. �
Please notify the personnel coordinator u1763-56y-3303to make arrangements. /
ORDINANCE NO.____
AN ORDINANCE AMENDING CHAPTER 23 RELATING TQ
THE LlCENQORB0F MASSAGE [N THE CITY.
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS |
|
FOLLOWS: '
Section 1. Brooklyn Section 23-1701 is amended by adding the
�ll owing paragraphs:
i The term "bona fide health dub" means those oarts of facility that are desi and
uocdodmshlv for health and fitness activities and that have uoal)kal investment,
of at least $250'000 in hui|dino and fixtures and at least $20,000 in exercise.
��- oouiooueot.
(i The term "oualified" when used to refer to a barber shot). hair or beauty salon, or licensed
uoonooto|oav ma)oo' noouns that such orinnon' use has at least two full time
enooloYccx engaaed in the orinouzv business uoe' is in uzouina district where such
use is u neoobted use. has no more than 15% of the flour area of the nremiucu
devoted to unnaaoaucuse, has been in business in the city for at least three vcuo,
and has u uuoitu| 'oveotncot in fucoituo:' fixtures and couiocount of at least 1
$30,000.
7. The term ^recnznized school" means ancbool or educational institution that: a] is in
cuodatuodioe with the Minnesota TberuoeuhoMueouae Network orthe Amcbouu
|
Maoouac Tberunv Amuooiu1inu: h\ is either n:oio1ored or ]icoommd with the '
Minnesota Bicbec Education 0tDoc or accredited by u federally re000nizcd
ucordbhna ozeocv: c) has for its ouroome the teucbbnc of the tbeor/, ooetbod,
profession or of massage: and d\'roaoizeou resident course of study before
the student in given udip}urouorcertifioa1eofcrodou1ioofoUovvinu the successful
oonuo|ctinoof the course of study ur|euzoiuu.
Section 2. Brooklyn Center Code Section 23-1703 is amended as follows:
cLL-/omwv/
auz9'-4
�
Section 23-1703. LICENSE AND CERTIFICATE REQUIRED. No person shall
engage in the business of operating u massage parlor or massage establishment either
exclusively ociu connection with any other business enterprise without being first duly
licensed uu provided herein. Nu person shall engage ioor hold himself or herself out ay
being engaged in the practice of massage nor obu)| any person administer or practice
ooamoago uouzooezniu|ly or for hire, or for the osobuoge of any valuable consideration !
within the City of Brooklyn Center without fiothaving obtained aoudifivato as herein '
Provided, except any pocuoo who is currently registered by the State Board of Medical
Examiners. No hoximesm license ubu\l be reuuirod for oou\Uicd huzbex obonu, hair or
heautv salons m for bona fide health clubs. movided,however that all other requirements
of Sections 23-1700 throuah 23-1720 must be met. and all masseurs and masseuses must
have certificates. No huoinuoo license nhoJ| he reouized' and the reouirnoueo10 of Section
23-1712 need not be oneL for u masseur or n,ou000nc. ho|diva o current and valid
certificate. to izivcnuuuomzcutnp000no uipoh6o p|uoco if both the masseur ormasseuse
and the customer are fully clothed. the niuuo is open to the nuh}io and uooceo is not
limited to adults. and the massaae is limited to the scalm neck. shoulders. arms and back.
Section 3. Brooklyn Center Code Section 23-1709, paragraph h is amended as
follows:
O. Licenses may only be granted when in uonop|uto conformity with the zoning code of the
City of Brooklyn ��o license shall hc�runt granted premises which is �
!
within 300 feet of, or in the umoe building an, or on the same |eou)y subdivided '
lot, piece or puroc1 of land as u currency exchange operation, secondhand goods
dealer, pawn oboP" tattoo or body piercing establishment, another massage parlor,
school, day care center, church, hospital, on-sale liquor cetub|imbmeot bulbvuy
house, theater orresidence, orovidod. hovvovcc that this limitation shall not ann|v
to bona fide bru|th clubs or qouified 6uzher uhono' hair or hoautv au]000 or
licensed uoyouetolocvsalons.
Section 4. Brooklyn Center Code Section 2]-l71Oio amended bv adding paragraph 6
as follows:
{i Certificates yhu) be issued on|y to posuom huvinu at least 500 bomo oftosoin in
nuueune from areuocnizcdschool.
Section 5. Brooklyn Center Code Section 23'1711, paragraph 10 is amended as
follows:
10. Exccntao orovidod in Section 23'1703` aAny person practicing massage within the City
may do so only at premises which are licensed for the conduct of such business as
�
herein provided and further any person practicing massage ubu|| inform the City of
2
ou.19mmv/
xnuo/'*
Michael McCauley - 9 6504 v1.doc Page 3
any changes in employment or the location of his employment within the City
within seven (7) days after such change.
3
CLL- 196504v1
BR291 -4
i
( Michael McCauley #196504 v1.doc Pa e
x
Section 6. Brooklyn Center Code Section 23 -1711, paragraph 11 [requiring same sex
Y P g P
massage] is repealed and the remaining paragraphs of Section 23 -1711 are renumbered.
Section 7. This Ordinance shall become effective after adoption and upon thirty (30)
days following its legal publication.
Adopted this day of .2001.
Mayor
ATTEST:
City Clerk
Date of Publication:
Effective Date:
(Underline indicates new material; strikeout indicates material to be deleted.)
4
CLL- 196504v1
BR291 -4
City Council Agenda Item No. 10j
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION AMENDING CERTAIN SPECIAL REVENUE FUND 2000
BUDGETS
WHEREAS, the City adopted a budget for Special Revenue Funds for 2000; and
WHEREAS, revenues for these funds are dependent upon decisions made by outside
entities which are not determinable when the original budget is drafted; and
WHEREAS, Tax Increment District 94 was not previously budgeted because of these
uncertainties and has received revenues of $9,535 in 2000; and
WHEREAS, the City Initiatives Grant Fund has received $80,000 more in revenues
from outside entities than anticipated.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that the following Fund budgets be amended to increase the following:
ESTIMATED REVENUES APPROPRIATIONS
TIF # 4 FUND $ 9,535 $ 9,535
GRANT FUND $80,000 $80,000
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. 10k
MEMORANDUM
DATE:
May 10, 2001
TO: Michael J. McCauley, City Manager
FROM: Diane Spector, Director of Public Works
SUBJECT: Status Report RE: New Centerbrook Storage Building
Final design work is proceeding on the project. Initial site preparation has begun. The building
specs are nearly final, and the building will be out for bid in early June. We expect toward a contract
the second meeting in June, for construction in July. Utility relocations will commence later this
month, with that work complete by mid June. Trail relocation should also be complete by mid June.
A complication regarding the remaining tennis court has arisen during final design. On the west side
of the building location, between the building and the putting green, is a watermain. State law
requires a minimum separation of 10 feet between watermain and any structures, so this watermain
controls the location of the building. We prepared the preliminary plans based on as -built records,
but during final design physically located the watermain, which is actually slightly more east than we
expected. This is not unusual; critical information is absolutely accurately determined, but the
accuracy of less critical information may depend on the circumstances. (For example, it is usually
important to know the invert elevation of a pipe to the hundreth of a foot because that is critical to
calculating flow in a pipe, but the general location of the pipe, may not be as critical, and it may be
located to within a foot.) To maintain the required 10 foot separation, we have had to shift the
building a few feet to the east.
In our preliminary design we believed the separation between the proposed location of the building
and the relocated trail and remaining tennis court was less than desirable but still acceptable. This
shifting of a few feet now leaves us uncomfortable with the amount of separation between the tennis
court, trail, and building.
During the preliminary design, we recommended against removing both tennis courts because the
design did not require it. Because of the need to shift the building, we now recommend that the
remaining tennis court also be removed. This would allow us to gain better separation between the
building and the trail, and also to provide more landscaping along the east face of the building.
There will be additional costs associated with this removal. Centerbrook maintenance staff have
agreed that the area of tennis court removal can be seeded rather than sodded, and have agreed that if
approved they would extend their irrigation system temporarily to keep the seeded area well watered
until it is established. There would be additional trail cost because the relocated trail will be longer.
We will roll this into some trail relocation work being done in Central West (formerly Garden City)
when we relocate the hockey and skating rinks and grade in a soccer practice field. Combining the
trail relocation with another project will get us a better price for both.
The Park and Recreation Commission has already recommends that both courts be removed, and the
neighborhood residents we have spoken with about the building wouldn't mind if the second court is
removed, especially if it allows us to add landscaping to soften their view from the east.
CENTERBROOK GOLF COURSE vy
RELOCATE EXIST. CHAINLNK FE CE —
PUTTING
I
� CLUB
3 GREEN �
-�-\ HOUSE
GRAVITY SAN. SEWER �
PAT �`- ��,�. �i' PARKING LOT
RELOCATED CHAINLNK FENCE f- (1 t # ` `"x�- _ _ a EXOT. W WATERMAIN
�.
BITUMINOUS
TRAIL
�� z . -._., nom` _'tl�y4 JE•� -.
BIT.' A r
3 — TENNIS COURT a
O I x
LECTRICAL BOXES 1 X — X.I
EXIST. 2" SAN. FORCE MAIN
J
SAWCUT BIT, REMOVE BIT., REMOVE AND REPLACE
CHAINLNK FENCE AND CONST. CONCRETE PERIMETER
EDGE AS DIRECTED BY THE ENGINEER NEW 2• FORCE MAIN
a
City Council Agenda Item No. 101
s
adoption: Member introduced the following resolution and moved its
RESOLUTION NO.
RESOLUTION IN SUPPORT OF AFTER SCHOOL ENRICHMENT GRANT
FUNDING
WHEREAS, the City of Brooklyn Center in cooperation with its school districts and
community organizations has operated an award winning After School Enrichment Program; and
WHEREAS, this After School Enrichment Program offers many valuable
opportunities for the youth of our community to learn and play in safe and nurturing environments
after school; and
WHEREAS, funding for these collaborative efforts comes from the State of
Minnesota; and
WHEREAS, the funding for the After School Enrichment Grant Program is in
jeopardy.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that the City's Legislative delegation be and hereby is encouraged to support
funding for the valuable After School Enrichment Grant Program.
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.