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HomeMy WebLinkAbout2001 07-23 CCP Regular Session AGENDA CITY COUNCIL STUDY SESSION July 23, 2001 6:00 P.M. CONFERENCE ROOM B 1. City Council discussion of agenda items and questions 2. City Council Meetings during construction 3. Miscellaneous 4. Adjourn City of Brooklyn Center A Millennium Community MEMORANDUM TO: Mayor Kragness, Councilmembers an, Nelson, Peppe, and Ricker FROM: Michael J. McCauley, City Manager DATE: July 16, 2001 SUBJECT: Council Meetings From mid - October through the beginning of May, the Council Chambers will be used for departmental staging during construction. Assuming that the bids for the project will come in at or under budget, construction work would start on August 15 Phase two, which would involve the second floor of City Hall, would commence October 23' through the beginning of May. As indicated in the City Council update, the basic issue for Council consideration is whether to relocate the Council meetings in Brooklyn Center or relocate them outside Brooklyn Center at another City's Council Chambers. Northwest Cable has confirmed that there is no other location inside Brooklyn Center from which the Council meetings could be broadcast or taped by Channel 12. The Crystal City Hall would be available for our use. Inside Brooklyn Center, the West Fire Station would appear to be the best alternative. Chief Boman has advised that he can rearrange training so that the West Fire Station would be available. Other options could include District 286 facilities, which have previously been offered to us for our use such as the school board room or a cafeteria. 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 BROOKLYN CENTER STUDENT SUMMER STOCK PRESENT! TI "'HOME - RUN" IIIT MUSICAL COMEDY a tl A GREAT OLD IWIIIONED 1950 MUSICAL COMEDY! DON'T MISS IT! AWJCsf ff 1 10:00AM AUCUTT t, 3, 7:34 PM r AUCUTT 5 3:00 PM m �a r "z BROOKLYN CENTER IIICII TWOOL TIIEATRE �F ' "001I m"tDT AVENUE 1RwwVN !INTER, MN My X „. TICKET INEORMATION "ROTLINE" 761/561 -2120 EX: 451 Ieart ... Whatever Lola Wants... Two Lost Souls... Shoeless Joe... The Good Old Days... K City of Brooklyn Center A Millennium Community MEMORANDUM TO: Mayor Kragness, Councilmembers Lasman, Nelson, Peppe, and Ricker FROM: Michael J. McCauley, City Manager DATE: July 23, 2001 SUBJECT: Redrafted Resolution Attached please find a potential Council agenda item 7h and Economic Development Authority (EDA) item 4b. Councilmember Nelson has drafted the attachments for your consideration. The basic change from the materials that you received on Thursday is that the Council resolution would deal only with having staff resources used in the study and the EDA Resolution would be the resolution containing the potential appropriation of funds for a study. 6301 Shingle Creek Parkway • • • Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 Member introduced the following resolut '" l l f� RESOLUTION NO. RESOLUTION AUTHORIZING THE CITY MANAGER AND STAFF TO ENTER INTO A FEASIBILITY STUDY WITH THE BROOKLYN CENTER STADIUM COMMITTEE FOR THE DEVELOPMENT OF A COMMUNITY STADIUM IN BROOKLYN CENTER, MINNESOTA TO BE LEASED BY THE MINNESOTA TWINS. WHEREAS, the general public has been made aware of the need for a new stadium for use by The Minnesota Twins through the study of the public committee, Minnesotans for Major League Baseball, in its report of January 2001; WHEREAS, that need for a new stadium for use by The Minnesota Twins has been confirmed by the Metropolitan Sports Facilities Commission; WHEREAS, The Minnesota Twins have indicated their interest in such a stadium in the City of Brooklyn Center, and that interest has been verbally confirmed by both their lobbyist and public relations firms; WHEREAS, an ad hoc Brooklyn Center Stadium Committee has been established to purse this endeavor; and WHEREAS, the City of Brooklyn Center and its Economic Development Authority are looking for ways to increase the economic development and economic activity within the city; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the City Manager and staff be authorized to work with the Brooklyn Center Stadium Committee in a feasibility study to determine if a community, county, or regional stadium for lease by The Minnesota Twins could be developed in the City of Brooklyn Center, Minnesota. 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 the resolution was declared duly passed and adopted. Commissioner ` introduced the following ri on: EDA RESOLUTION NO. RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR TO SPEND UP TO $15,000 IN ORDER TO OBTAIN THE NECESSARY FINANCIAL DATA NEEDED FOR A FEASIBILITY STUDY TO DETERMINE IF A COMMUNITY, COUNTY, OR REGIONAL STADIUM FOR LEASE BY THE MINNESOTA TWINS COULD BE DEVELOPED IN THE CITY OF BROOKLYN CENTER, MINNESOTA WHEREAS, the general public has been made aware of the need for a new stadium for use by The Minnesota Twins through the study of the public committee, Minnesotans for Major League Baseball, in its report of January 2001; WHEREAS, that need for a new stadium for use by The Minnesota Twins has been confirmed by the Metropolitan Sports Facilities Commission; WHEREAS, The Minnesota Twins have indicated their interest in such a stadium in the City of Brooklyn Center, and that interest has been verbally confirmed by both their lobbyist and public relations firms; WHEREAS, an ad hoc Brooklyn Center Stadium Committee has been established to purse this endeavor; and WHEREAS, the City of Brooklyn Center and its Economic Development Authority are looking for ways to increase the economic development and economic activity within the city; NOW, THEREFORE, BE IT RESOLVED by the Economic Development Authority in and for the City of Brooklyn Center, Minnesota that the Executive Director be authorized to spend up to $15,000 in order to obtain the necessary financial data needed for a feasibility study to determine if a community, county, or regional stadium for lease by The Minnesota Twins could be developed in the City of Brooklyn Center, Minnesota. Date President The motion for the adoption of the foregoing resolution was duly seconded by Commissioner and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon the resolution was declared duly passed and adopted. I July 19, 2001 MEMO TO: Mayor Myrna Kragness Councilmember Lasman Councilmember Nelson Councilmember Peppe Councilmember Ricker R M: Jane A. Chambers, Assistant City Manager Councilmember Nelson brought in the attached resolution today after agenda materials for Monday's meeting were printed. In order for Council to have a chance to review this resolution prior to the meeting, staff has prepared the resolution in standard format and included in the agenda packet. Mr. Nelson may wish to discuss adding this item to Monday's agenda at the study session prior to the meeting. q Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION FOR JULY 23,200 1, REGULAR COUNCIL MEETING (AND /OR ECONOMIC DEVELOPMENT AUTHORITY) OF THE CITY OF BROOKLYN CENTER, MINNESOTA, AUTHORIZING THE CITY MANAGER AND STAFF TO ENTER INTO A FEASIBILITY STUDY WITH THE BROOKLYN CENTER STADIUM COMMITTEE FOR A COMMUNITY STADIUM IN BROOKLYN CENTER, MINNESOTA TO BE LEASED BY THE MINNESOTA TWINS WHEREAS, since the general public has been made aware of the need for a new stadium for use by The Minnesota Twins through the study of the public committee Minnesotans for Major League Baseball in their report of January 2001; and WHEREAS, since that need for a new stadium for use by The Minnesota Twins has been confirmed by the Metropolitan Sports Facilities Commission; and WHEREAS, since The Minnesota Twins have indicated their interest in such a stadium in the City of Brooklyn Center, and that interest has been confirmed by both their lobbyist and public relations firms; and WHEREAS, since an ad hoc Brooklyn Center Stadium Committee has been established to pursue this endeavor; and WHEREAS, since the City of Brooklyn Center and its Economic Development Authority are looking for ways to increase the economic development and economic activity within the city. NOW, THEREFORE, BE IT RESOLVED by the City Council (Economic Development Authority) of the City of Brooklyn Center authorize the City Manager and staff to work with the Brooklyn Center Stadium Committee in a feasibility study to determine if a community, county, or regional stadium for lease by The Minnesota Twins could be built in the City 5f Brooklyn Center, Minnesota; and that the City Manager be authorized to spend up to $15,000 in order to obtain the necessary financial data needed to make a feasibility judgment. 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. p g g and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Public Copy CITY COUNCIL MEETING City of Brooklyn Center July 23, 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. Invocation 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 of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes - Councilmembers not present at meetings will be recorded as abstaining from the vote on the minutes. 1. July 9, 2001 - Study Session 2. July 9, 2001 - Regular Session b. Licenses C. Approval of Application to Conduct a Raffle from St. Alphonsus Church on October 14, 2001 d. Approval of Application for Exemption from Lawful Gambling License (Raffle) at the Minneapolis Hilton on August 23, 2001 CITY COUNCIL AGENDA -2- July 23, 2001 e. Resolution Accepting Bid and Awarding a Contact, Improvement Project No. 2001 -16, Contract 2001 -G, Sealcoating f. Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees 7. Council Consideration Items a. Proclamation Declaring September 2001 to be National Alcohol and Drug Addiction Recovery Month • Requested Council Action: - Motion to adopt proclamation. b. Proclamation Declaring September 2001 as Prostate Cancer Awareness Month • Requested Council Action: - Motion to adopt proclamation. C. An Ordinance Prohibiting the Feeding of Deer *Requested Council Action: - Motion to approve first reading and set second reading and public hearing for August 27, 2001. d. Resolution Approving TH 100 Flap Amendment -This item relates to the Robbinsdale frontage road option. *Requested Council Action: - Motion to adopt resolution. e. Request from Independent School District No. 286 • Requested Council Action: - Discussion and direction. f. Approval of Amendment to Letter of Agreement Between City of Brooklyn Center and Deloitte & Touche, LLP • Requested Council Action: - Motion to approve amendment. g. Update on City Council Goals •Requested Council Action: -None, update only. 8. 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 STUDY SESSION JULY 9, 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 Myrna Kragness at 6:00 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Ed Nelson, Bob Peppe, and Tim Ricker. Also Present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, and City Clerk Sharon Knutson. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Nelson requested to discuss City Council agenda item no. 9a, Planning Commission Application No. 2001 -015 submitted by Renee Stoddard requesting special use permit approval for a go -cart track and entertainment center at the old K -Mart site, 5930 Earle Brown Drive. He inquired about the type of operation, business licensing /regulation, and air quality control. Mr. McCauley responded that Hennepin County licenses the food operation, and the City licenses the video games /amusement devices but not the go -cart track. Councilmember Lasman raised the issue of noise control, sharing a common wall with Slumberland. The plans were reviewed and displayed concession/offices next to the common wall that would serve as a buffer. Councilmember Peppe inquired about City Council agenda item no. 6d, Resolution Amending Resolution No. 2000 -227 Setting Salaries and Benefits for the Calendar Year 2001. Mr. McCauley responded that after the Teamsters Union decertified in April, department head salaries are reviewed individually. He reviewed the survey results for Fire Chief and explained that ten cities were surveyed and the Brooklyn Center maximum dollar amount for the Fire Chief salary range was the lowest of those ten cities surveyed. TWINS STADIUM Councilmember Nelson said the ad hoc group met to discuss the stadium on May 24, 2001. The ad hoc group consisted of Brooklyn Community Chamber of Commerce Executive Director Leatha Lemmer, Minneapolis Metro North Convention & Visitors Bureau Executive Director John Connelly, and City Manager Michael McCauley. Councilmember Nelson said the Twins are looking for another stadium, and he is seeking Council direction on whether or not a feasibility study should be done to determine if it is viable for Brooklyn Center to be considered a location for a stadium to 07/9/01 -1- DRAFT i lease to the Twins for a minimum of 30 years. Councilmember Ricker asked if the Twins representatives have been involved and what their response has been to the idea. Councilmember Nelson said the Twins representatives are willing to look at the idea. Councilmember Peppe said the Twins are looking at any options and have been interested in the Minneapolis Warehouse District. He noted that Brooklyn Center was considered last time around when the Metrodome was proposed. Mayor Kragness raised the issue of what the residents would expect or want. She stated she had talked with some residents who resided here when Brooklyn Center was a possibility for the Metrodome site when we had open space, and the consensus of the community was "no" to the stadium. She raised the issue of funding and police and fire concerns. She said she is uncomfortable with what would have to be taken out of the community to accommodate a stadium. Councilmember Peppe believes the issue deserves some study. He wants to wait for funding from the Legislature and also wants to find out if there's a coalition with surrounding cities. He agrees with the ad hoc committee idea to study the issue, and believes that something big has to happen in the business district with immediate impact that could help support Brookdale and strengthen Brooklyn Center's tax capacity. Councilmember Lasman expressed serious reservations about whether or not a stadium is right for Brooklyn Center. She stated that she has done some checking and this type of operation doesn't always bring in the anticipated dollars. The motels are already full on weekends, so she doesn't see how it would greatly increase their revenue. She would like the issue studied in greater depth. Councilmember Ricker raised the issue of the cost of a feasibility study. He suggested a survey, possibly coordinated through the Brooklyn Community Chamber of Commerce. Mr. McCauley explained that the cost estimate for a feasibility study varies according to what would be included and how many layers. He said the City would lose $32 million in tax revenue from the proposed area for the stadium, and it would cost approximately $60 million to acquire the property. He also raised the issue of the competition and what other communities have to offer. A motion by Councilmember Lasman, seconded by Councilmember Nelson to adj ourn study session at 6:45 p.m. Motion passed unanimously. City Council study session adjourned to Informal Open Forum with City Council. A motion by Councilmember Lasman, seconded by Councilmember Peppe to re -open study session at 6:52 p.m. Motion passed unanimously. 07/9/01 -2- DRAFT MISCELLANEOUS Mayor Kragness said she received an invitational letter from the New Hope Mayor regarding Shingle Creek Water Management Organization meeting and would like to attend. Mr. McCauley responded he would make the reservation. Councilmember Lasman raised the issue of speed limits on Brooklyn Boulevard during the construction. She inquired if the City would regulate speed limits or Hennepin County or State. She noted there have been several accidents and believes the speed limit should be lowered. Mr. McCauley responded he would check into it. The Council discussed the use of e -mail and compliance with the Open Meeting Law. ADJOURNMENT A motion by Councilmember Lasman, seconded by Councilmember Nelson to adjourn study session at 6:59 p.m. Motion passed unanimously. City Clerk Mayor 07/9/01 -3- DRAFT . MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JULY 9, 2001 CITY HALL 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in informal open forum and was called to order by Mayor Myrna Kragness at 6:45 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Ed Nelson, Bob Peppe, and Tim Ricker. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, and City Clerk Sharon Knutson. Ulyssess Boyd, 4807 Azelia Avenue North, addressed the Council regarding the proposed street plan for Azelia Avenue North. He has lived in his home since 1954 and seen many changes in the neighborhood, and he believes the proposed street plan could have been planned better. He expressed concern that there is no emergency alternate route to get out of his neighborhood if there is a train that would hold up traffic at France Avenue. He raised the issue of the bus system and if and where the buses will run. Mayor Kragness invited Mr. Boyd to the Mn/DOT open house scheduled for Thursday, July 12, 2001, at 5 p.m. at the West Fire Station to discuss the Hwy. 100 Project. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Lasman and seconded by Councilmember Ricker to adjourn informal open forum at 6:52 p.m. passed unanimously. Informal Open Forum with City Council adjourned to continue study session. 2. INVOCATION Councilmember Kay Lasman offered the invocation. 07/9/01 -1- DRAFT i 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in regular session and was called to order by Mayor Myrna Kragness at 7:00 p.m. 4. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Ed Nelson, Bob Peppe, and Tim Ricker. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, Planning and Zoning Specialist Ron Warren, Public Works Director Diane Spector, City Attorney Charlie LeFevere, and City Clerk Sharon Knutson. 5. COUNCIL REPORT Councilmember Lasman reported that on June 26t she attended the promotion of three Police personnel; ribbon cutting ceremony and grand opening of the new Hmong- American Shopping Center on July 4t along with Councilmembers Nelson and Peppe and Mayor Kragness; and on July 7` the Harriet Bishop Paddleboat Mississippi River cruise sponsored by the National Park Service, along with Councilmember Nelson and Mayor Kragness. 6. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Councilmember Lasman and seconded by Councilmember Nelson to approve the agenda and consent agenda passed unanimously. 6a. APPROVAL OF MINUTES A motion by Councilmember Lasman and seconded by Councilmember Nelson to approve the minutes of the June 18, 2001, general work session with Financial Commission and June 25, 2001, study and regular sessions passed unanimously. 6b. LICENSES There was a motion by Councilmember Lasman and seconded by Councilmember Nelson to approve the following list of licenses. AMUSEMENT DEVICES Americinn Motel and Suites 2050 Freeway Boulevard Chuckwagon Grill 5720 Morgan Avenue North Comfort Inn 1600 James Circle North Davanni's Pizza 5937 Summit Drive Ground Round 2545 County Road 10 Hilton Hotel 2200 Freeway Boulevard 07/9/01 -2- DRAFT Holiday Inn 1501 Freeway Boulevard i Regal Cinemas, Inc. 6420 Camden Avenue North GARBAGE HAULERS Ace Solid Waste, Inc. 6601 McKinley Street NW, Ramsey Armor Roll -Off Service 3291 Terminal Drive, Egan BFI Waste Systems 8661 Rendova Street, Circle Pines Darling International, Inc. 9000382 d Avenue, Blue Earth Randy's Sanitation, Inc. P. O. Box 169, Delano T & L Sanitation Service P. O. Box 49695, Blaine Walters Recycling & Refuse P. O. Box 67, Circle Pines MECHANICAL Construction Mechanical Services 1307 Sylvan Street, St. Paul Expert Sheet Metal, Inc. 30 West Main Street, Bethel RENTAL Initial: 1510 69 Avenue North Brian Doyle Renewal: 6854 West River Road David Wagtskjold 6845 Willow Lane David Wagtskjold 5601 Lyndale Avenue North David Theisen The motion passed unanimously. 6c. APPROVAL OF APPLICATION FOR AUTHORIZATION FOR AN EXEMPTION FROM LAWFUL GAMBLING LICENSE (RAFFLE) FROM THE PROPER ECONOMIC RESOURCE MANAGEMENT FOR AN EVENT TO BE HELD ON SATURDAY, FEBRUARY 23, 2002, AT THE EARLE BROWN HERITAGE CENTER A motion by Councilmember Lasman and seconded by Councilmember Nelson to approve application for authorization for an exemption from lawful gambling license (raffle) from the Property Economic Resource Management for an event to be held on Saturday, February 23, 2002, at the Earle Brown Heritage Center passed unanimously. 6d. RESOLUTION AMENDING RESOLUTION NO. 2000 -227 SETTING SALARIES AND BENEFITS FOR THE CALENDAR YEAR 2001 RESOLUTION NO. 2001 -93 Councilmember Lasman introduced the following resolution and moved its adoption: 07/9/01 -3- DRAFT 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 Nelson. Motion passed unanimously. 6e. RESOLUTION APPROVING FINAL PLAT, BROOKLYN 55 RESOLUTION NO. 2001-94 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING FINAL PLAT, BROOKLYN 55 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 6f. RESOLUTION APPROVING FINAL PLAT, RIVERWOOD ESTATES RESOLUTION NO. 2001-95 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING FINAL PLAT, RIVERWOOD ESTATES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 6g. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 2001 -96 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 7. PRESENTATIONS 07/9/01 -4- DRAFT 7a. RELAY FOR LIFE Paul Ditter and JoAnne Sanford shared information regarding the American Cancer Society Relay For Life, a team event to fight cancer. Relay For Life will be held at Brooklyn Center High School, 6500 Humboldt Avenue North, on July 13 -14, 2001. This is the 6"' year for Brooklyn Center to hold this event and Brooklyn Park is j oining this year. Mr. Ditter distributed a Relay For Life schedule of events and encouraged everyone to participate. 7b. MAYOR KRAGNESS: NORTHBROOK SHOPPING CENTER AND 4 TH OF JULY CARNIVAL PROVIDED BY DAN VANG Dan Vang, co -owner of Hmong - American Shopping Center, addressed the Council and expressed his appreciation to everyone who attended the Taste of Asia celebration held on July 4 ' at the Hmong - American Shopping Center, formerly Northbrook Shopping Center. He said the event was successful and drew people all the way from Maine to Florida. He is very impressed with Brooklyn Center and what it has to offer. He has plans and visions for the shopping center and wants to work with the community to help him build his dreams. 8. PUBLIC HEARINGS 8a. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (NE QUADRANT OF 69 AND BROOKLYN BOULEVARD) City Manager Michael McCauley explained the plat has still not been filed and requested this item be continued to the August 13, 2001, City Council meeting. A motion by Councilmember Lasman and seconded by Councilmember Peppe to continue the public hearing on an Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (NE Quadrant of 69`' and Brooklyn Boulevard) to August 13, 2001, passed unanimously. 8b. AN ORDINANCE VACATING CERTAIN UTILITY EASEMENTS IN E & H PROPERTIES FIRST ADDITION AND FARR'S FIRST ADDITION, RIVERWOOD ESTATES ON WILLOW LANE Mr. McCauley explained this item relates to the housing development on Willow Lane. The interior drainage and utility easements are not needed for this development, and this ordinance vacates those utilities. A motion by Councilmember Lasman and seconded by Councilmember Nelson to open the Public Hearing passed unanimously. • 0719/01 -5- DRAFT No one wished to address the Council. A motion by Councilmember Lasman and seconded by Councilmember Peppe to close the Public Hearing passed unanimously. ORDINANCE NO. 2001 -12 Councilmember Nelson introduced the following ordinance and moved its adoption: AN ORDINANCE VACATING CERTAIN UTILITY EASEMENTS IN E & H PROPERTIES FIRST ADDITION AND FARR'S FIRST ADDITION, RIVERWOOD ESTATES ON WILLOW LANE The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Ricker. Motion passed unanimously. Sc. AN ORDINANCE AUTHORIZING THE CONVEYANCE OF A PORTION OF LOTS 8 AND 9, BLOCK 1, LANE'S BROOKLYN CENTER ADDITION, ACCORDING TO THE RECORDED PLAT THEREOF, HENNEPIN COUNTY, MINNESOTA Mr. McCauley explained that these two lots, 4208 and 4212 69 Avenue North, were acquired by the i City as part of the 69' Avenue Street Redevelopment Project. A portion of these two lots would be needed for the 69' Avenue and Brooklyn Boulevard Project. This ordinance provides for the conveyance to the EDA of the portion of the lots necessary for the site development. A motion by Councilmember Nelson and seconded by Councilmember Lasman to open the Public Hearing passed unanimously. No one wished to address the Council. A motion by Councilmember Peppe and seconded by Councilmember Lasman to close the Public Hearing passed unanimously. ORDINANCE NO. 2001 -13 Councilmember Nelson introduced the following ordinance and moved its adoption: AN ORDINANCE AUTHORIZING THE CONVEYANCE OF A PORTION OF LOTS 8 AND 9, BLOCK 1, LANE'S BROOKLYN CENTER ADDITION, ACCORDING TO THE RECORDED PLAT THEREOF, HENNEPIN COUNTY, MINNESOTA 07/9/01 -6- DRAFT The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Lasman. Motion passed unanimously. 9. PLANNING COMMISSION ITEM 9a. PLANNING COMMISSION APPLICATION NO. 2001-015 SUBMITTED BY RENEE STODDARD. REQUEST FOR SPECIAL USE PERMIT APPROVAL TO OPERATE A GO -CART TRACK AND ENTERTAINMENT CENTER AT THE OLD K -MART SITE, 5930 EARLE BROWN DRIVE. THE PLANNING COMMISSION RECOMMENDED APROVAL OF THIS APPLICATION AT ITS JUNE 28, 2001, MEETING. Mr. McCauley said Planning Commission Application No. 2001 -015 relates to the former K -Mart site, 5930 Earle Brown Drive. The applicant is requesting a special use permit to operate a go -cart track and entertainment center. The Planning Commission recommended approval of this application at its June 28, 2001, meeting. Planning and Zoning Specialist Ron Warren displayed and reviewed an architectural drawing of the proposed plan for a go -cart and amusement center submitted by Renee Stoddard, co -owner of Thunder Alley Indoor Speedway, Inc. He explained the property is zoned C -2 (Commerce), and the proposed use is listed as a special use in the C -2 zoning district and is allowed provided it does not abut an R -1, R -2, or R -3 zoning district including abutment at a street line; no such abutment exists in the proposed area. Mr. Warren explained that about six months ago Sam Baxter, co -owner of Thunder Alley Indoor Speedway, Inc., had approached the Council about locating a go -cart track in an Industrial Park zoning district. The Council then concluded that the use was not warranted and the applicant should seek a location within the C -2 zoning district. Mr. Warren said the applicant has a signed letter of intent with K -Mart to sublease the space. The Building Official has met with the applicant's architect to discuss building classification issues and modifications to the building, which will be required for the proposed occupancy. Matters of concern that will need to be addressed prior to the issuance of a building permit include proper air handling /exchange equipment for building ventilation given the gasoline powered go -carts being operated inside the building; necessary exiting from the site;, separation requirements for various uses; possible fire sprinkler modifications due to the building changes; and safety and noise concerns. Mr. Warren stated the Planning Commission held a Public Hearing on June 28, 2001, and no one appeared to speak other than the applicant. The Planning Commission recommended approval of the special use permit with eleven conditions, which Mr. Warren reviewed. He said Mr. Baxter is present if there are questions of the Council. 07/9/01 -7- DRAFT Councilmember Lasman raised the issues of gasoline storage, speed limits, and ages of operators. Mr. Baxter responded the gasoline would be stored 60 feet away from the building in an enclosed brick area with a chain link fence above it and a gate. Drivers must be at least 16 years of age to drive the bigger go -carts; there are smaller go -carts on a second track for younger ages. Youth under age 18 must have a waiver signed by a parent in order to ride and are required to attend a two -hour training session if they do not have a driver's license. Speed limits on the bigger go -carts can reach 35 -40 mph; the smaller go -carts can reach speeds up to 12 -15 mph. The go -carts are equipped with a device that will allow them to be shut down by the attendants if they are being driven recklessly or if there is a problem. Councilmember Nelson explained to Mr. Baxter that the City is working on a redevelopment of Brooklyn Center and the ro osed site may be art of the redevelopment area. p p Y P p Mr. Baxter said his preliminary sublease agreement with K -Mart is for five years; K -Mart has 19 years left on the lease. There was a motion by Councilmember Lasman and seconded by Councilmember Nelson to approve Planning Commission Application No. 2001 -015 submitted by Renee Stoddard subject to the following conditions recommended by the Planning Commission. 1. The special use permit is granted for the operation of a "recreation and amusement place" involving a go -cart operation, an arcade with video games, a concession area with food and beverages, a laser tag operation, a pro shop where various merchandise will be offered for sale, and other related activity areas. Any change in this use not comprehended by this application or permitted under the zoning ordinance will require approval of an amendment to this special use permit. 2. The special use permit is subject to all applicable codes, ordinances, and regulations. Any violation thereof shall be grounds for revocation. 3. All plans relating to the remodeling and occupancy of the building are subject to the review and approval of the Building Official prior to the issuance of building permits and a certificate of occupancy for the building. 4. There shall be no service, repair, or maintenance of go -carts or operation of go -carts out -of- doors. Said activity shall be conducted wholly within the building. 5. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of permits to assure completion of landscape improvements. 6. Any outside trash disposal facilities and rooftop or on- ground mechanical equipment shall be appropriately screened from view. 07/9/01 -8- DRAFT 7. Food sales and concession areas are subject to licensing by Hennepin County. 8. All video and arcade games are subject to licensing and regulations established by the City of Brooklyn Center. 9. Approval of this special use permit does not comprehend any signs. All signery is subj ect to the provisions of Chapter 34 of the City Ordinances. 10. No banners, pennants, streamers, balloons, or other attention - attracting devices may be displayed outside in conjunction with this activity other than what is authorized under administrative permits comprehended under the City's Zoning Ordinance. 11. The applicants shall submit a landscape analysis of the site prior to the issuance of building permits indicating that the proposed 109 additional landscape points are sufficient to meet the landscape point system. The motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. PROCLAMATION DECLARING JULY 15 THROUGH JULY 21, 2001, TO BE COMMUNITY ACTIVITIES, RECREATION AND SERVICES WEEK Mayor Kragness read the proclamation. A motion by Councilmember Nelson and seconded by Councilmember Lasman to proclaim July 15 through July 21, 2001, to be Community Activities, Recreation and Services Week passed unanimously. 10b. MAYORAL APPOINTMENT TO HOUSING COMMISSION Mayor Kragness said she received two very good applications for the Housing Commission. She requested ratification from the Council on her nomination of Kris Lawrence - Anderson, 5213 Eleanor Lane, to the Housing Commission. A motion by Councilmember Nelson and seconded by Councilmember Peppe to ratify the Mayoral nomination of Kris Lawrence - Anderson to the Housing Commission passed unanimously. Mayor Kragness introduced Ms. Lawrence - Anderson. loc. REPORT ON CODE ENFORCEMENT SWEEP 07/9/01 -9- DRAFT I Mr. McCauley said an initial inspection of the entire City has been completed. The most common violations have been accumulation of rubbish/debris and unlicensed/inoperable vehicles. The number of properties that received violations is 611; the total number of violations is 904. Of the 611 properties, 101 properties were issued second notices and there were eight formal complaints. Mayor Kragness inquired if there is a decline in the number of violations since the program began and if the same properties are being cited yearly. Mr. McCauley responded that when the program began, the number of violations was 1200 compared to this year's 904. He said there is some repetition, but the data needs to be analyzed further. 11. ADJOURNMENT A motion by Councilmember Peppe and seconded by Councilmember Lasman to adjourn the City Council meeting at 7:45 p.m. passed unanimously. City Clerk Mayor 07/9/01 -10- DRAFT City Council Agenda Item No. 6b OT City of Brooklyn Center A Millennium Community TO: Michael J. McCauley, City Manager FROM: Maria Rosenbaum, Deputy City Clerk DATE: July 18, 2001 Ay) r 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 July 23, 2001. MECHANICAL Sun Mechanical, Inc. 22401 Industrial Boulevard, Rogers Vogel Sheetmetal, Inc. 10684 Lansing Avenue North, Stillwater MOTOR VEHICLE DEALERSHIP Luther Mazda 6700 Brooklyn Boulevard RENTAL Renewal: 4819 Azelia Avenue North Penelope Brown 4207 Lakeside Avenue North, #320 Heinz Pollinger 5316 Russell Avenue North Lewis & Vivian Hedlund 6637 Xerxes Place North Douglas Finch Melrose Gates Apartments Jim Soderberg Initial: 5825 Dupont Avenue North Pal Yang SIGN HANGER Metro Sign Services 9223 Annapolis Lane, Maple Grove 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 = IN (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 _ FAX (763) 569 -3434 FAX (763) 569 -3494 • City Council Agenda Item No. 6c havlym C81Vt� BROOKLYN CENTER POLICE DEPARTMENT POLICE MEMORANDUM TO: Sharon Knutson, City Clerk FROM: Captain Bob Dirks DATE: July 10, 2001 SUBJECT: Application to Conduct Raffle St. Alphonsus Church On July 9, 2001, the Brooklyn Center Police Department received an Application for Exempt Permit to conduct a raffle from St. Alphonsus Church. This application is for an event to be held at St. Alphonsus Church on October 14, 2001. This application has been approved and will be returned to the St. Alphonsus representative who will forward it to the State Gambling Control Board. If you or any member of the City Council objects to issuing this license, you must notify me within 30 days according to Minnesota State Statute. BD:kh s For Board Use Only Fee Paid Minnesota Lawful Gambling Page 1 of 2 Check No. A lication for Exempt Permit - LG220 10/98 Initials pp p iv Rece ed Organization Information Organization name Previous lawful gambling exemption number St. Alphonsus Church Street City State /Zip Code County 7025 H alifax Ave N Rrn klVn rAnt-pr na; nnesmt2 95429 Her,nEp.i n Name of chief executive officer (CEO) of organization Daytime phone number of First name Last name CEO: Pat, -; .•lr (lri l a (7(;1) 561 —ril nn Name of teasurer of organization Daytime phone number of First name Last name treasurer: Kenneth RypjM (6171 221 —�O�f3 Type of Nonprofit Organization Check the box that best describes your organization: ❑ Fraternal ® Religious ❑ veteran ❑ Other nonprofit organization Check the box that indicates the type of proof your organization attached to this application: IRS letter indicating income tax exempt status ❑ Certificate of Good Standing from the Minnesota Secretary of State's Office ❑ A charter showing you are an affiliate of a parent nonprofit organization Proof previously submitted and on file with the Gambling Control Board Gambling Premises Information J Name of premises where gambling activity will be conducted (for raffles, list the site where the drawing will take place) Address (do not use PO box) City State/Zip Code County 7025 Halifax Ave. N. Brooklvn Ce nter, M N 55429 HPnna Date(s) of activity (for raffles, indicate the date of the drawing) Check the box or boxes that indicate the type of gambling activity your organization will be conducting: ❑ *Bingo ® Raffles ❑ 'Paddlewheels E]-Pull-Tabs ❑ "Tipboards 'Equipment for these activities must be obtained from a licensed distributor. This form will be made available in alternative Your name and and your organization's name Private data about you are available only to the format (i.e. large print, Braille) upon request. The and address will be public information when following: Board members, staff of the Board information requested on this form (and any received by the Board. All the other information whose work assignment requires that they have attachments) will be used by the Gambling that you provide will be private data about you access to the information; the Minnesota Control Board (Board) to determine your until the Board issues your permit. When the Department of Public Safety; the Minnesota qualifications to be involved in lawful gambling Board issues your permit, all of the information Attorney General; the Minnesota Commissioners activities in Minnesota. You have the right to that you have provided to the Board in the of Administration, Finance, and Revenue; the refuse to supply the information requested; process of applying for your permit will become Minnesota Legislative Auditor, national and however, if you refuse to supply this information, public. If the Board does not issue you a permit, international gambling regulatory agencies; the Board may not be able to determine your all the information you have provided in the anyone pursuant to court order; other individuals q q Y q ualifications and, as a consequence, may refuse process of applying for a permit remains private, and agencies that are specifically authorized by to issue you a permit. If you supply the with the exception of your name and your state or federal law to have access to the ® information requested, the Board will be able to organization's name and address which will information; individuals and agencies for which process your application. remain public. law or legal order authorizes a new use or sharing of information after this Notice was given; and anyone with your consent. Page 2 of 2 Application for Exempt Permit - LG220 10 /98 Organization Name Local Unit of Government Acknowledgment (Required by Statute) 5 ` If the gambling premises is within city limits, the If the gambling premises is located in a township, both city must sign this application. the county and township must sign this application. On behalf of the city, I acknowledge this application On behalf of the county, I acknowledge this application and three options for the city: and three options for the county: 1. Approve the application: By taking no action, 1. Approve the application: By taking no action, the the city allows the Board to issue a permit after county allows the Board to issue a permit after 30 days. 30 days (60 days for a first class city). 2• Waive the above -noted waiting period: The county y r issue a permit before 30 days. allows the Boa to s. s p y 2. Waive the above -noted waiting period: The Documentation attached. city allows the Board to issue a permit before 3. Deny the application by passing a resolution within 30 days (60 days for a first class city). Docu- 30 days. mentation attached Print name of county: 3. Deny the application by passing a resolution within 30 days (60 days for a first class city). (Signature of county personnel receiving application) Title Pr' Pript name of city: �{(L n ('Q��� Date I l On behalf of the township, I acknowledge that the (Signature of city personnel receiving application) organization is applying for exempted gambling activity /� within the township limits. Title (, t 't �t� Date A township has no statutory authority to approve or deny an application (Minn. Stat. sec. 349.213, subd. 2). Print name of township: (Signature of township official acknowledging application) Title Date Chief Executive Officers Signature The information provided in this application is complete and accur to to the best of my knowledge. Chief Executive Officer's signature cal . - Name (please print) ��T/�l �'k S• k L Date Mail Application and Attachment(s) At least 45 days prior to your scheduled activity date send: • the completed application; • a copy of your proof of nonprofit status, and • a $25 application fee (make check payable to "State of Minnesota "). Application fees are not prorated, refundable, or transferable. Send to: Gambling Control Board 1711 West County Road B, Suite 300 South Roseville, MN 55113 If your application has not been acknowledged by the local unit of government, do not send the application to the Gambling Control Board. City Council Agenda Item No. 6d ��pOKtYN C�NT� BROOKLYN CENTER POLICE DEPARTMENT POLICE MEMORANDUM TO: City Clerk Sharon Knutson FROM: Joel Downer, Chief of Police DATE: July 3, 2001 SUBJECT: Application for Exemption from Lawful Gambling License (Raffle) On July 3, 2001, the Brooklyn Center Police Department received an Application for Exemption from Lawful Gambling License from the Delta Waterfowl Foundation. This application is for an event to be held at the Minneapolis Hilton, 2200 Freeway Boulevard, in the city of Brooklyn Center on August 23, 2001. This application has been approved and will be returned to the Minnesota Waterfowl Association representative after City Council review. The Minnesota Waterfowl Association representative will forward it to the State Gambling Control Board. If you or any member of the City Council objects to issuing this license, you must notify me within 30 days according to Minnesota State Statute. JD:kh For Board Use Only Minnesota Lawful Gambling Fee Paid Application for Exempt Permit - LG220 Check No. Initials • Organization Information Received _ / _ 1 Organization name Previous lawful gambling exemption number Street City State /Zip Code County Name of chief executive officer (@E-6) of organization 1 Daytime phone number of First name _ Last name CEO: Name of teasurer of organization Daytime phone number of First name Last name treasurer: Type of Nonprofit Organization Check the box that best describes your organization: ❑ Fraternal ❑ Religious ❑ Veteran Other nonprofit organization Check the box that indicates the type of proof your organization attached to this application: ❑ IRS letter indicating income tax exempt status ❑ Certificate of Good Standing from the Minnesota Secretary of State's Office ❑ A charter showing you are an affiliate of a parent nonprofit organization Proof previously submitted and on file with the Gambling Control Board Gambling Premises Information Name of premises where gambling activity will be conducted (f / Or raffles, list the site where the drawing will take place) 0 K' ,7 Address (do not use PO box) City State/Zip Code County V[jjj Date(s) of activity (for raffles, �inicate the date of the drawing) Check the box or boxes that indicate the type of gambling activity your organization will be conducting: ❑ 'Bingo [„Raffles ❑ 'Paddlewheels E] 'Pull-Tabs ❑ - Tipboards 'Equipment for these activities must be obtained from a licensed distributor. This form will be made available in alternative format (i.e. large print, Braille) upon request. • The information requested on this form will become public information when received by the Board, and will be used to determine your compliance with Minnesota statutes and rules governing lawful gambling activities. Page t of 2 3/98 Application for Exempt Permit-[G220 Page of Organization Nome k\ t uJL~ / �� ' . . . _ . . ' / =°=~� � Local Unit mf Government Acknowledgment (Required by S tatute) A sa {Jn behalf of the city, | acknowledge this application On behalf of the county, |�-----------^~~~~~�~" and three mpUon fo �hec�c d~-----','-~~~' n r ^ . and�hn�aopt�no���he�ounty � 1. Approve the application: Bv taking noanUon. 1.^�PPrmvm the sPpUi:a�mn: Bv taking noandon � the city aUoxvsthe Board bz is a permit after county allows the Board to issue a permit after 3Odays. 3O days (GO days for a first class city). 2' Waive the above-noted waiting period: The county 2 �/ai�a��wm����- �mt��m���� period: Th �d�»vs�haBoond�o�oueapannitbofora3�days. ' waiting � DocumentaUonottaohed. city allows the Board to issue a permit before 3 Deny the bv passing ormeo|uUonvvithin 3O days (GO days for a first class oih/). Doou- 30 days. applicat ' mnento�omat��ohed � ' Print name ofoounty' � 3. Deny the applica�mnbv passing onaso|uUon ' within 3O days (GO days for ofimtc|assnity) � ' (Signature cf county personnel receiving application) of city: ZPrinjte C6rrL-Y_ Title Dote (,g.."w/ev/�� peroonmyn»uam{ngapplication) (]n behalf of the township, | acknowledge that the Title [^��� � � ��^ X �� k -- organization is exempted v / �� ��� vvithinthe bzm/nship|inniba. ' A township has no statutory toapphzveordeny on application (K8inn'Stet. sec. 34Q.213.oubd.2). — ' Print name oftownship: (Signature of township official acknowledging app|icaUon) Title Date Chief Executive Officer's Signature -- The information p/wv/u�umom/sappooaoon my knowledge. Chief Executive Officers Name (please print) � . � Mail Application and Attachment(s) ' Ad least 45 days prior to your scheduled activity date send: • the completed application; • a copy cf your proof of nonprofit status, and • a $25 application fee (make check payable to "State of Minnesota Application fees are not pnora\ed, refundable, or transferable. Send to: Gambling Control Board � 1711 West County Road B, Suite 300 South Flpsevilla,88N 55113 |f your application has not been acknowledged by the local unit of government, do not send the application 0z the Gambling Control Board. ~ i City Council Agenda Item No. 6e MEMORANDUM DATE: July 18, 2001 TO: Michael J. McCauley, City Manager FROM: Todd Howard, City Engineer SUBJECT: Resolution Accepting Bid and Awarding a Contract, Improvement Project No. 2001 -16, Contract 2001 -G, 2001 Sealcoating Bids for Contract 2001 -G, 2001 Sealcoating were received on July 17, 2001. The contract is for the annual sealcoat program, which is budgeted at 90,000 annually in the Street Maintenance Division. Attached is a map showing the streets proposed to be sealcoated in 2001. The bidding results are tabulated as follows: Bidder Bid Amount Allied Blacktop $55,592.00 Astech Surface $80,942.00 Of the bids received, the lowest bid of $55,592.00 was submitted by Allied Blacktop Company of Maple Grove, Minnesota. The Engineer's Estimate for this project was $60,000. Allied Blacktop Co. has proven experience in performing all of the requirements included in this contract, and has performed many similar projects for the City of Brooklyn Center. Accordingly, staff recommends acceptance of the low bid and award of a contract to Allied Blacktop Co. The sealcoat program for 2001 also includes some slurry coating, a type of micro sealcoating that is growing in popularity. We are currently in the process of obtaining quotes for this work, which is estimated at $25,000. Streets to be slurry coated are 51st Avenue west of France Avenue, and Howe Circle in the Orchard West neighborhood. The trail on 51s` will be slurry coated as well. Recommended City Council Action Approve the attached resolution accepting the low bid and awarding a contract to Allied Blacktop Company. s its adoption: Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT, IMPROVEMENT PROJECT NO. 2001 -16, CONTRACT 2001 -G, 2001 SEALCOATING WHEREAS, pursuant to an advertisement for bid for Improvement Project No. 2001 -16, bids were received, opened, and tabulated on the 17' day of July, 2001. Said bids were as follows: Bidders Bid Amount Allied Blacktop Company $55,592.00 Astech Surface $80,942.00 WHEREAS, it appears that Allied Blacktop Company of Maple Grove, MN, is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The Mayor and City Manager are hereby authorized and directed to enter into a contract with Allied Blacktop Company of Maple Grove, Minnesota in the name of the City of Brooklyn Center, for Improvement Project No. 2001 -16, Contract 2001 -G, according to the plans and specifications therefor approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized an directed to return forthwith to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. 3. Project costs shall be charged to the Street Maintenance Division. RESOLUTION NO. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • ❖i �i rrr� ❖ .•... ❖•o W • MASS uiw Whd ........ City Council Agenda Item No. 6f MEMORANDUM DATE: July 18, 2001 TO: Michael J. McCauley, City Manager FROM: Joyce Gulseth, Public Works Administrative Aide '- 1r)}('j/ ///✓few/ SUBJECT: Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees The attached resolution represents the official Council action required to expedite removal of the trees most recently marked by the City tree inspector, in accordance with approved procedures. It is anticipated that this resolution will be submitted for council consideration each meeting during the summer and fall as new trees are marked. i i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES WHEREAS, a Notice to Abate Nuisance and Diseased Tree Removal Agreement has been issued to the owners of certain properties in the City of Brooklyn Center giving the owners twenty (20) days to remove diseased trees on the owners' property; and WHEREAS, the City can expedite the removal of these diseased trees by declaring them a public nuisance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The diseased trees at the following addresses are hereby declared to be a public nuisance: TREE PROPERTY OWNER PROPERTY ADDRESS NUMBER -------------------------------------------------------------------------------------- MIC H NELSON 5926 CAMDEN AVE N 32 NEDAZD CERIC 7250 WEST RIVER RD 33 CLARENCE DUDLEY 6510 BROOKLYN BLVD 34 GERALD & DARLENE WEEDMAN 6401 GIRARD AVE N 35 DAVID & MICHELE HOLZKNECHT 3307 QUARLES RD 36 ERIC MEYER 6443 JUNE AVE N 37 DANIEL & JEAN MALM 6825 BEARD AVE N 38 SOONTAREE UBEL 6701 FRANCE AVE N 39 HEALTH PARTNERS 6845 LEE AVE N 40 CITY OF BROOKLYN CENTER 67 & QUAIL, 67 & REGENT 41-47 MELROSE GATES 6401 CAMDEN AVE N 48 -51 HENNEPIN COUNTY PARKS MISSISSIPPI REGIONAL PARK 52,53 EDWARD KNUDSON 5547 LYNDALE AVE N 54 CITY OF BROOKLYN CENTER PALMER LAKE & EAST OF CITY GARAGE 55 -59 JAMES DELISI 121058 TH AVE N 60 JOSEPH & MARY MANLEY 5743 EMERSON AVE N 61 CHARLES & STEPHANIE SKAUDIS 5547 HUMBOLDT AVE N 52 -63 JAMES CASHMAN 5430 HUMBOLDT AVE N 64 JEANNIE GILDEMEISTER 5520 JAMES AVE N 65 RICHARD & DOLORES ARNTSON 5418 JAMES AVE N 66 CHAD LUBY 5659 KNOX AVE N 67 SIA LEE 5557 LOGAN AVE N 68 RONALD & MICHELLE MARTIN 5418 MORGAN AVE N 69 KAREN WEBER 5400 KNOX AVE N 70 HENNEPIN COUNTY PARKS MISSISSIPPI REGIONAL PARK 71 -76 WANDA LARSON 5826 EWING AVE N 77 ALLEN LAUNDERVILLE /JESSICA WILLIAMS 7000 FREMONT AVE N 78,79 RESOLUTION NO. 2. After twenty (20) days from the date of the notice, the property owner(s) will receive a second written notice providing five (5) business days in which to contest the determination of the City Council by requesting, in writing, a hearing. Said request shall be filed with the City Clerk. 3. After five (5) days, if the property owner fails to request a hearing, the tree(s) shall be removed by the City. All removal costs, including legal, financing, and administrative charges, shall be specially assessed against the property. 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. 7a PROC DECLARING SEPTEMBER 2001 TO BE NATIONAL ALCOHOL AND DRUG ADDICTION RECOVERY MONTH WHEREAS, on behalf of the citizens of Brooklyn Center, I am pleased to join the U.S. Department of Health and Human Services, Substance Abuse and Mental Health Services Administration's Center for Substance Abuse Treatment in celebrating September 2001 as National Alcohol and Drug Addiction Recovery Month in Brooklyn Center; and WHEREAS, acknowledging September 2001 offers advocates of substance use treatment an opportunity to educate the public and policymakers about the effectiveness of treatment, both societal, and financial; and WHEREAS, substance use is a major public health problem that affects millions of Americans of all ages, races, and ethnic backgrounds and in all communities and which has a huge medical, societal, and economic cost; and WHEREAS, thousands of health care providers have dedicated their lives to the recovery process and to the education of the public about alcoholism, drug dependence, and treatment issues. NOW, THEREFORE, 1, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, with the consent and support of the Brooklyn Center City Council, do hereby proclaim the month of September 2001 as National Alcohol and Drug Addiction Recovery Month in Brooklyn Center and encourage all citizens to support this year's theme — "We Recover Together: Family, Friends, and Community" — by supporting men, women, and youth who are in drug and alcohol addiction treatment and recovery. Date Mayor ATTEST: City Clerk City Council Agenda Item No. 7b PROCLAMATION DECLARING SEPTEMBER 2001 AS PROSTATE CANCER AWARENESS MONTH WHEREAS, in the year 2001, the month of September has been declared Prostate Cancer Awareness Month; and WHEREAS, in the year 2001 approximately 198,100 men in the United States will learn that they have prostate cancer, and across the nation prostate cancer is the most commonly diagnosed nonskin cancer in men; and WHEREAS, approximately 31,500 men will lose their lives to this disease in 2001, and one in six men in the nation area t risk of developing prostate cancer during their lifetime; and WHEREAS, it is known that about 25 percent of prostate cancer occurs in men under the age of 65 during their prime work years, and at any age prostate cancer devastates families through loss of income, partnership, and support; and WHEREAS, prostate cancer leaves too many parents, women, children, and other family members without a man they love, and African American families are disproportionately affected due to African American men having the highest prostate cancer incidence and mortality rates in the world; and WHEREAS, prostate cancer has accounted, on average, for 15 percent of the nation's cancer burden and 15 percent of male cancer deaths, but the disease has received, on average, only about 5 percent of the funds this nation commits annually to cancer research; and WHEREAS, research suggests that men could reduce their risk of prostate cancer mortality if they followed recommended prostate cancer screening guidelines, including examination by a health care provider and increased awareness and use of earl detection practices. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, with the consent and support of the Brooklyn Center City Council, do hereby proclaim September 2001 as Prostate Cancer Awareness Month in the City of Brooklyn Center and urge all men in our community and throughout the country to become aware of their own risks of prostate cancer, talk to their health care providers about prostate cancer, and, whenever appropriate, get screened for the disease. Date Mayor ATTEST: City Clerk n THE UNITED STATES CONFERENCE OF MAYORS 1620 EYE STREET, NORTHWEST ' , * • �` ' • '` WASHINGTON, D.C. 20006 TELEPHONE (202) 293 -7330 '' ;, * -_• " E. s * '..; . ^ W j FAX (202) 293 -2352 TDD (202) 293 -9445 >_ URL: www.usmayors.org President: H. BRENT COLES June 5, 2001 Mayor of Boise Vice President: MARC H. MORIAL Mayor of New Orleans Dear Mayor Past Presidents: VICTOR ASHE Mayor of Knoxville RICHARD Chicago Mayor of f Chica In designating September as Prostate Cancer Awareness Month (PCAM) last year, o JO SEPH R RILEY, JR. Mayor of Charleston, SC the Conference of Mayors became the first major national organization to call for WELLINGTON E. WEBB Mayor of Denver a month -long promotion of prostate cancer awareness. Mayors across the country hvstees: DENN W. ARCHER Mayo r of Detroit responded to our call and we hope that you will join the Conference in making SHARON SAYLES 2001 PCAM the same resounding success Mayor of Minnea polis CHARLES E. BOX Mayor of Rockford LEE R. CLANCEY Mayor of Cedar Rapids G JAMES A. GARNER Accompanying this letter is a folder prepared for the Mayors' Coalition for Mayor of Hempstead PATRICK HENRY HATS Prostate Cancer Awareness and Education that includes the following items that Mayor of North Little Rock SHARPE JAMES may be of help to you in planning for the observance of PCAM this year: Mayor of Newark, NJ PATRICK J. McMANUS Mayor of Lynn RITA L. MULLINS Mayor of Palatine 0 a list of suggested PCAM activities for mayors to consider; MEYERA E OBERNDORF Mayor of Virginia Beach DONALD L. PLUSQUELLIC Mayor of Akron M. SUSAN SAVAGE a sample proclamation Mayor of 1Ulsa DAVID W. SMITH Mayor of Newark, CA fury Board: • a sample press release; - .HOMAS M. MENINO, Chair Mayor of Boston KENNETH L. BARR Mayor of Fort Worth SUSAN J.M. BAUMAN • a sample letter to the editor for mayors to consider using; Mayor of Madison J. CHRISTIAN BOLLWAGE Mayor of Elizabeth SARA B. BOST • Mayor of Irvington a list of resource national organizations with local affiliates to LEE P BR OWN Mayor of Houston assist you with promotion of PCAM and other prostate cancer WILLIE L. BROWN, JR. Mayor of San Francisco awareness activities; VINCENT A. CIANCI, JR. Mayor of Providence PETER A. CLAVELLE Mayor of Burlington NORMAN COLEMAN various materials from these national resource organizations Mayor of St. Paul HAL J. DAUB Mayor of Omaha ELIZABETH L aredo FLORES Mayor of Ia • an activities report form to be returned to the Conference of Mayors JOSEPH P G " NIM Mayor of Bndgeport (local PCAM events will be featured in U.S. Mayor); JEFF GRIFFIN Mayor of Reno JOSEPH A. GRIFFO Mayor of Rome, NY • MICHAEL A. GUIDO At -a- Glance , a review of prostate cancer put together by the Centers Mayor of Dearborn WILLIAM A. for Disease Control and Prevention (CDC). JOHNSON, JR. Mayor of Rochester, NY SCOTT L. KING Mayor of Gary ROMayo oKfDallas Mayors' Coalition for Prostate Cancer Awareness and Education DAN P. MAOY Mayor yor of Sta Promotion of 2001 PCAM is a major activity of the Mayors' Coalition for Prostate PATRICK CRGRY of Mayor of Charlotte Cancer Awareness and Education. This initiative is completing its first year and DAVID W. MOORE Mayor Seaumont MORRI GUS MORRISON is part of the USCM Cancer Awareness Program, which includes the Mayors' Mayor Fremont °A ARLENE J. . MULDER Campaign Against Breast Cancer (now in its fourth year and supported by CDC Mayor of Arlington Heights VERLY O'NEILL through a five -year cooperative agreement) Mayor of Long Beach OUGLAS H. PALMER Mayor of Trenton CARLOS M. RAMIREZ Mayor of EI Paso Executive Director: J. THOMAS COCHRAN i To the Mayor on PCAM Page Two of Two The Mayors' Coalition for Prostate Cancer Awareness and Education is dedicated to saving lives through informed decision making on screening and treatment, particularly for the underserved. Information exchange forms the core of this initiative so that mayors may take advantage of each other's experiences p ences through forums and publications such as Best Practices. In promoting prostate cancer awareness and education, it is important to know what treatment is available in your community, particularly for the underserved. To help you in assessing the availability of local follow -up for underserved diagnosed men, a treatment resource assessment checklist is also included in the Mayors' Coalition folder. Finally, the folder includes a brochure describing the scope of the Mayors' Coalition for Prostate Cancer Awareness and Education, a list of Coalition members, and a page of black and -white logos that you are welcome to use in your PCAM or related activities. If you are one of the more than 100 mayors who have already signed on for the Coalition, we appreciate the support you are giving to this important public health initiative of the Conference of Mayors. If you are not yet a member of the Coalition, please return the response card attached to the brochure and join forces with your colleagues who are making a difference in the lives of so many men, especially those who are underserved. You may obtain further information about 2001 PCAM or the Mayors' Coalition for Prostate Cancer Awareness and Education from the Director of Health Programs for the Conference of Mayors at 202/861 -6753 or by contacting Carol Moody Becker, Coordinator of the Cancer Awareness Program for the Conference, at 202 - 328 -3340. Sincerely, Cochran eutive Director Enclosure City Council Agenda Item No. 7c MEMORANDUM DATE: July 16, 2001 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Works(✓" SUBJECT: An Ordinance Prohibiting the Feeding of Deer The Public Works Department manages or monitors animal control in three primary areas: Canada geese, beavers, and deer. Geese are managed through the University of Minnesota's Goose Management program. Beavers are managed through the DNR and a private contractor who removes them when necessary. To date we monitor but have no formal management or control program for deer other than obtaining a deer count every 3 -4 years. The only other information kept regarding deer are police records related to deer that require officer assistance or investigation, and sporadic information kept on sightings, complaints, or carcass removals. Neither the police nor public works maintains a systematic log of general calls regarding deer. This year we have received an increasing number of calls from residents complaining about deer in neighborhoods. It is likely that either the deer population is increasing; or the deer are migrating even further away from their traditional habitats in Palmer Lake, Twin Lakes/ Arboretum/ Preserve, and Durnam Island; or some combination of both. While the deer population is less than the number needed to instigate a deer removal program, we should have a deer management program in place to systematically document any problems; provide information to residents; and discourage activities which are detrimental to public health and safety. One element that many cities are implementing as a part of their deer management programs is an ordinance prohibiting the intentional feeding of deer by anyone other than DNR or other authorized personnel acting in accordance with the deer management plan. In this report I will present some background information and an outline of a deer management program, and a draft of an ordinance. The draft is suitable for a first reading at the meeting July 23, 2001 if the Council should so desire. Background Every year we receive numerous phone calls from residents complaining about deer in neighborhoods. We provide them with advice from the DNR on how deer might be discouraged from foraging in their yards and gardens by using fences, natural repellants, and other means. Several residents have reported that deer have consumed their gardens, shrubs, and trees. Most of these residents report that they are aware of a neighbor nearby who routinely feeds deer or is provides a salt lick. This intentional feeding draws deer out of their natural habitat and into neighborhoods. Aside from the damage to landscaping inflicted by the deer, intentional feeding draws deer out of nature areas and onto city streets, increasing the likelihood of deer - vehicle collisions. The Police Department reports 15 =20 calls per year regarding deer, with a majority of those calls dealing with deer - vehicle collisions. Currently, 69 Avenue adjacent to Palmer Lake is posted with Watch for Deer signs. Police calls indicate that deer have been sighted or hit on Brooklyn Boulevard, County Road 10, TH 100, 69 Avenue, and other neighborhood streets. Public Works averages the removal of about 10 -12 deer carcasses from streets, parks, or other areas each year. As detailed below, the deer population is not excessive for habitat available. However, many residents do put out food or salt to attract deer, and this brings them out of the areas that are their natural and most suitable habitat. The deer then routinely leave areas of natural habitat where they have to forage for food and travel to areas where food is provided for them, becoming dependent on that food. Once attracted into neighborhoods, the deer supplement the food provided to them by foraging in backyards and gardens. It should be noted that "habitat" does not necessarily mean "nature area." Habitat means an area where there is sufficient food, water, and shelter regularly available within an animal's typical foraging range. Many neighborhoods fit that description. Some residents feed deer because they enjoy seeing the deer in their neighborhood and backyard. Some residents feed deer for altruistic reasons — they believe they are helping to sustain the deer population. However, intentional feeding in the long run encourages a population to increase beyond the ability of the land to sustain it. Intentional feeding of deer encourages the deer population to a) become dependent on artificial sources of food; b) expand beyond its natural foraging limits into areas not previously part of its territory; and c) increase in numbers and thus to increase the negative aspects of deer in the city — deer - vehicle accidents and property landscaping damage. Do We Have Too Many Deer? A deer count was last conducted in 1998. At that time, 39 deer were observed by Hennepin Parks personnel, including 20 in Palmer Lake, 16 on Durnam Island, and 3 in the TwinLakes/ Arboretum/ Preserve area. A new deer count will be taken this winter. Many of the complaints we have received have been from the Twin Lakes area, so we believe that population has grown. The count of 3 in 1998 seems very low compared to the number of complaints received from and observations made in that area. However, anecdotal evidence suggests that the deer population around the Twin Lakes is very mobile, and moves from area to area. At this time, we do not believe the deer population in Brooklyn Center exceeds the available habitat. The DNR recommends a population of 15 -25 deer per square mile of suitable habitat. The most suitable habitat (nature areas such as Palmer Lake, Durnam Island, and the area around Twin Lakes, plus areas such as "Northport Lake," Centerbrook Golf Course, along the Mississippi River, and along Ryan Creek,) totals about 1 -1/2 square miles. These areas could sustain deer at or above the upper end of the range, in other words, at least 25 deer per square mile. An additional 2 square miles could be considered suitable but less desirable habitat, including neighborhoods within reasonable foraging distance of the most suitable habitat, at 15 deer per square mile. At those rates, habitat in Brooklyn Center could support a population of about 65 animals. While the above statistics show the Biological Carrying Capacity (BCC) has not been exceeded, based on complaints received it appears the Cultural Carrying Capacity (CCC) has been exceeded. Therefore, a deer management plan should be developed that focuses on reducing the deer -human encounters that are a source of concern. Proposed Deer Management Plan The following deer management plan is proposed: 1) Obtain biennial deer counts from Hennepin Parks or the DNR (cost approximately $300 each occurrence). 2) Consult regularly with the DNR regarding the deer management plan. 3) Continue monitoring police reports. 4) Track and follow up on general deer complaints. 5) Provide information in the city newsletter and educational brochures on deer repellants. 6) Adopt an ordinance prohibiting the intentional feeding of deer. Proposed Ordinance A growing number of cities have enacted ordinances prohibiting the intentional feeding of deer. Brooklyn Park is the most recent, with approval of this ordinance at the Council's July 9, 2001 meeting. Some other cities with similar ordinances are: Golden Valley, Minnetonka, Richfield, Bloomington, and Maplewood. The ordinances are usually part of a management plan intended to keep the deer population at a level that is supportable by the natural habitat available, so as to avoid the need to actively manage populations through deer removal. The ordinance prohibits intentional feeding except for feeding programs conducted by the City or the DNR in association with a deer management plan, or feed provided by veterinarians, city animal control officers, or county, state, or federal game officials who have deer in their custody. It is recommended for a first reading July 23, 2001 and a public hearing on August 13, 2001. Incidents involving Deer (1999 -2001) Case Number Date .... Location :Narrative: 99 -176 01/03/99 CR 10 /Orchard Asst. Crystal PD ... out w/ hit deer 99 -926 01/16/99 459058 Father /son looking for deer 99 -2205 02/08/99 58 /Major Deer hit in road 99 -2816 02/19/99 69 /SCP Hit deer 99 -3987 03/10/99 4500 block 58 Car hit deer 99 -6057 04/12/99 TH 100 150 Deer hit 99 -6155 04/13/99 694/Xerxes Bridge Hit deer 99 -8085 05/12/99 694 /SCP Bridge Deer lying on side of road 99 -9113 05/28/99 6427 Camden Hit deer 99 -11995 07/07/99 1108 BKDL Looking for deer, deer GOA 99 -15645 08/27/99 252/66 Deer in road way 99 -20282 11/05/99 2200 FRWY Blvd Hit deer 99 -20651 11/12/99 Cr 10/Major Deer hit 99 -20869 11/15/99 69 /Oliver Car hit deer 99 -21650 11/28/99 SCP /JMDR Large buck deer rambling toward Brookdale . 00 -412 01/07/00 TH 252/70 Hit deer 00 -501 01/09/00 TH 100/France Hit deer 00 -2714 02/18/00 5427 ETLB Injured deer in backyard 00 -6873 04/23/00 TH 100/France Struck deer 00 -8176 05/12/00 SCP /694 Bridge Car hit deer 00- 8491 05/18/00 71/Kyle Deer in area, rp afraid it may run into street 00 -8822 05/22/00 7110 WPLD Believe he heard gunshots and then saw the deer run. 00 -10108 06/10/00 58 /June Hit deer 00 -10899 06/21/00 FRWY Blvd/TH 100 Removing deer from roadway 00 =13848 08/01/00 SCP /CR 10 Deer struck 00 =14664 08/12/00 69/Beard Deer in roadway 00 -17217 09/17/00 58/Halifax Car hit deer 00=18368 10/04/00 69/Newton Two watching deer 00 -18447 10105100 694/BB on Car hit deer 00 -19734 10/24/00 6015 Kyle Deer trapped in the fence 00 -19794 10/25/00 455058 Deer caught in fence 00 -20032 10/28/00 SCP /69 Car hit deer 00 -20073 10/29/00 6236 Brooklyn Dr. Hurt buck in backyard 00 -20864 11 /10 /00 69/WPLD Car hit deer 00 -23033 12/15/00 2700 block 69 Occup watching the deer 01 -5989 04/05/01 71/BB Car hit deer 01 -6732 04/15/01 290069 People looking at deer 01 -7291 04/24/01 5919 Upton Injured deer in backyard 01 -8049 05/04/01 TH 10011313 Bridge Dead deer or dog in road 01 -8528 05111101 5527 Fremont Sounded like a deer rifle going off in the area 01 -8599 05/12/01 65/Perry Deer running in traffic 01 -9054 05/18/01 TH 100/Humboldt Deer trapped in fence 01 -9327 05/21/01 516 55' Deer trapped behind residence 01 -9518 05/24/01 BB/Noble Car hit deer 01 -9633 5/26/01 TH 252/66 Dead deer 01 -10347 6/04/01 419 67" Deer hanging from tree 01 -11502 6/18/01 63/Noble Deer hit 01 -11565 6/18/01 6800 block SCP Car hit deer 01 -11563 6/18/01 55/Lyndale Hurt deer 01 -12184 6/26/01 2590 FRWY Blvd Large group of deer refusing to leave the area - � Cflyr� BROOKLYN CENTER POLICE DEPARTMENT P OLICE MEMORANDUM TO: Diane Spector, Director of Public Works FROM: Joel Downer, Chief of Police DATE: October 15, 1998 SUBJECT: Deer The Brooklyn Center Police Department has responded to nine calls involving deer from January 1, 1998 through October 6, 1998. Case #98 -322, January 8, 1998 at 5:55 am. A deer was struck by a motor vehicle on County Road 10 near Shores Drive. Case #98 -1650, February 3, 1998 at 6:52 pm. A deer was struck by a motor vehicle on County Road 10 near Major Avenue. Case #98 -3009, March 2, 1998 at 7:17 pm. Report of a deer struck by a vehicle on County Road 10 near Major Avenue. The vehicle and deer were gone upon officers arrival. Case #98 -7163, May 16, 1998 at 1:13 am. A resident reported a deer on Brooklyn Boulevard near 65th Avenue. There was no accident reported and the deer was gone upon officers arrival. Case #98 -9110, June 16, 1998 at 5:56 am. Officers responded to a personal injury accident on southbound Highway 100 near 50th Avenue. The accident was the result of a deer being struck by a car. Case #98- 11189, July 20, 1998 at 2:30 pm. Officers responded to a call of a suspicious vehicle in Grand View Park. Further investigation determined that the vehicle had struck a deer at an unknown time and location. Case 998- 12756, August 16, 1998 at 2:08 pm. A citizen reported that his daughter was driving her car along 69th Avenue and struck a deer the previous evening. The citizen pointed out a house that has a salt block which attracts deer from the Palmer Lake area. Case #98- 14242, September 10, 1998 at 12:50 am, 6857 Dallas Road, a resident reported a prowler in her backyard. Further investigation determined that it was probably a deer. Memo October 16, 1998 Page 2 Case #98- 14529, September 15, 1998 at 12:13 am. A Brooklyn Center police squad car struck a deer on 69th Avenue near Beard. There was no damage to the squad car and the deer fled the scene. JD /jm cc Michael McCauley, City Manager dax.man CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 13th day of August, 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 ordinance prohibiting the intentional feeding of deer. 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 PROHIBITING THE FEEDING OF DEER THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 1 of the Brooklyn Center City Ordinances is hereby am - ended to renumber section 1 -120 as Section 1 300. Section 2. Chapter 1 of the Brooklyn Center City Ordinances is hereby p Y tY Y amended to add the following section. Section 1 -200. F . FDTNr O F DEER PRORMITFD. Noperson may 121a , or permit to be placed on the ground or within four (4) feet of the ground surface any gain, fruit nuts, fodder, salt licks, or any other food. includin feed for birds, which may reasonably be e=ected to result in deer feeding, unless such items are screened or protected in a manner that prevents deer from fee ding on them, except as follows: 1. Feeding programs or efforts undertaken by h f: City in accordance with its deer at g m n lean; 2. V inariarts_, Cily animal control officers or county, state or federal g ame officials who, in he course of their duties, have deer in their custody; or 3. Any food placed }r ems. ,y for the p =ose of trapping or otherwise t akin g deer where such trapping or taking ors �a�t nt to a hermit issued by the De�partmen of Natural_ Resources. • Section 3. This ordinance shall be effective after adoption and thirty days followin g g its legal publication. Ordinance No. I Adopted this day of , 2001. Mayor ATTEST:— City Clerk Date of Publication Effective Date (Strikeouts indicate matter to be deleted, underline indicates new matter.) City Council Agenda Item No. 7d MEMORANDUM DATE: July 18, 2001 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Work SUBJECT: Resolution Approving TH 100 Flap Amendment Attached is a "flap amendment" to the approved TH 100 Segment 4 preliminary plan. The preliminary plan approved by the Council included the 46 Avenue bridge option. The Segment 4 plan has since been revised to replace the 46 Avenue bridge with a frontage road. This is called a "flap amendment" because it is a change to only one part of the plan, like pasting a flap over a part of the plan with the old plan underneath and the new plan on top. The attached resolution essentially ratifies this preliminary plan change, which has already been approved by Robbinsdale and internally by Mn/DOT. We had held off presenting this flap amendment to the Council for approval until we worked out some final issues with the 47 Avenue intersection. Adding a right turn lane from 47 Avenue onto France Avenue will require the property owner (Cass Screw Machine Company) to dedicate a roadway easement. We have met with the owner, and he has agreed to do so. Some other unresolved issues in this area that do not have an impact on the flap amendment but which have not yet been resolved relate to the treatment of the south side of 47 which will also have an impact on the grade of 47 Avenue. Finally, Mn/DOT has still not completed its analysis of the appropriate traffic control at the new 47 Avenue intersection. A resolution approving this flap amendment is attached for Council consideration. It is recommended for approval. adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION APPROVING TH 100 FLAP AMENDMENT WHEREAS, the City of Brooklyn Center has worked cooperatively with the City of Robbinsdale and the Minnesota Department of Transportation to plan for the construction of Segment 4 of the TH 100 Improvement Project; and WHERREAS, the City Council on July 24, 2001 by Resolution 2000 -126 approved the TH 100 Segment 4 preliminary plan; and WHEREAS, the City of Robbinsdale and Mn/DOT have developed an alternative to the 46` Avenue bridge shown on the approved preliminary plan; and WHEREAS, said alternative plan, known as the "Frontage Road Option," is acceptable to the City of Brooklyn Center conditioned on the detachment from Brooklyn Center and annexation to the City of Robbinsdale of the triangular area of land bounded by TH 100, France Avenue, and the existing corporate limits wherein said frontage road would be located, provision for which has been made in a Memorandum of Understanding executed by all three parties. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the flap amendment revision to the preliminary plan substituting the frontage road (new bridge 27A74) for the previously proposed 46' Avenue bridge 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. A, -- z S.P. 2755 -75 L 4707 W 0 I V - _ 3901 \\ 6y' ❑ -- ,- �_A Y T R E V I S I DENNY'S �. 2s *� _� 2 f Q F�p F T ) , FOR `1- EI�G - 8 - 0D ACCESS o 47 oa w 1 2S h r \ O � � _ 1 f N .s APRIL 200 RELOCATE R ��'' woe - Q TOWER 4001 `' M HEALTH CLUB I R L J �, 5 , 5 � \ �P 50 R t�'� a 4.; �, ,�* � • � � l � G .gyp r r t \ \ \\ � � P ! 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I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . ... ..... .... .. .. ......... ......... ......... ......... .. ..... ......... . ..... ......... ......... ......... . ....... ......... Chal ril - 47th ............. . . .. ..... ......... ..... ......... ........ . rof I A es:.o:! J f ron tbr:,: pf rontbr: ......... Pr­bfAJ­e's'­'*':J 4 7 t *'p 4 7 t'h:::::: - 0 .. . .. ................ . . N +1 2 C L --------- - L --------- ---------- --------- --------- L - ------- L --------- L ---------- L ------ -- L --------- ---------- L -- ----- -- L --------- L --------- City Council Agenda Item No. 7e OX City of Brooklyn Center A Millennium Community MEMORANDUM TO: Mayor Kragness, Councilmembers Lasman, Nelson, Peppe, and Ricker FROM: Michael J. McCauley, City ManageY DATE: July 18, 2001 SUBJECT: Request of Independent School District (ISD) No. 286 At the end of June you received a request from Brooklyn Center ISD No. 286 to consider a potential land exchange between the District and the City. The proposed exchange would allow District No. 286 to locate a new elementary school on Grandview Park land. The City would retain a portion of Grandview Park, Humboldt Avenue would be vacated, and the City would take over the property on which the Earle Brown School is currently located. There are a number of advantages and disadvantages to the proposal. The entire proposal is premised upon a successful referendum to authorize the issuance of bonds by District No. 286 to meet their building needs. City staff has preliminarily reviewed the concepts and believe that it may be feasible to design recreational amenities consistent with our previous planning on a reconfigured Grandview Park. I would request that the City Council refer this matter and materials to the Park and Recreation Commission for their evaluation and recommendation, along with further staff review and evaluation. 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 BROOKLYN CENTER INDEPENDENT Discover SCHOOL DISTRICT NO. 286 the Center 6500 Humboldt Avenue North Brooklyn Center, MN 55430 -1697 Phone: (763) 561 -2120 "AN EQUAL OPPORTUNITY EMPLOYER" FAX: (763) 560 -2647 ANTOINETTE JOHNS, Ed. D. Superintendent JILL SCHWINT, C.P.A. June 26, 2001 Manager of Fiscal Services Mayor Myrna Kragness, and Brook�h�in Center City Council 6301 gle Creek Parkway SCHOOL BOARD Brooklyn Center, MN 55430 Gre hay Thielsen C ir Dear Mayor Kragness and City Council, Cheryl Jechorek Vice -Chair On June 25th, 2001 at a special Brooklyn Center ISD #286 School Tom Shinnick Board meeting, the Board accepted a task force study on our facilities. Further Treasurer action included authorizing a bond referendum for October 2, 2001 for $25 Joanne Goddard million to build a new elementary school replacing Earle Brown. In addition on Clerk site of the Brooklyn Center High School infrastructure work on HVAC, lighting, Gene Hageman update renovations and code compliance items would be completed. The Director second story would be remodeled as an Alternative Learning Center, and 3 Arneuwell Benifield classrooms, a wrestling and fitness center would be attached additions to the Director facility. A bus garage would also be constructed on site. In order to build a new school and help the city to develop an • improved community park we are requesting an exchange of land, Grandview Park, so the new elementary school is relocated across the street. Please see the enclosed proposed schematic of a mass design that our architect Bob Abendroth previously shared with you. As proposed, several problems for both of us could be resolved: a] a gymnasium would be available to the community after school hours. b] The city could work with the district to place a Youth Center into the school design. We believe you received a grant for this and the Brooklyn Center High School Leo's Club has been meeting with the city. c] On street parking would be eliminated by Earle Brown Staff. d] Community parking while using the park would be conveniently located and improved. e] The park could be rebuilt offering more recreational activities and the new school playground etc. would be available to the community. Our rationale for a new school is based on a year and a half of study; meeting with a community task force to evaluate the needs for more space and infrastructure improvements. As you know we already have a portable • structure on site for two sixth grade classrooms which is approved on a short term basis by the city. Portions of Earle Brown are over 50 years old and we believe the Department of Children, Families, and Learning will not approve major renovations or another addition. Please notify us of the process, timelines and meetings necessary to present our request to the city. We have enclosed the following with this request: a] Community Facilities Task Force recommendations. b] Review and Comment document sent to the Department of Children, Families, and Learning for approval. c] Infrastructure study of Earle Brown and Brooklyn Center High School. We appreciate your past collaboration for the softball field and the Community Corner facility. We look forward to a new chapter of collaboration that could mutually benefit both of us, and we believe if approved could become a model within the state. . Thank you in advance for your time while considering this approval. Sincerely, GreEory �ielsen, Dist. #286 Board Chair Antoinette Johns, Ed.D. Superintendent of Schools cc: Michael McCauley, City Manager City Council Agenda Item No. 7f Memorandum Date: July 16, 2001 To: Michael J McCauley City Manager From: Douglas Sell Director of Fiscal and Support Services RE: Auditor Services — Fiscal Year 2000 During the exit conference with the auditor as part of the 2000 CAFR management review, Mr. Platz identified a cost overrun of more than $13,320. Those present at the meeting were surprised at the number of hours, 148, and the total amount of the overage. Mr. Platz did not have the details to support his claim but agreed to provide the details within the next several weeks. We received Mr. Platz's explanation and have had opportunity to review the details and compare them to the letter of engagement as well as the activities during the course of the audit. We found that some of the claims were in excess of any additional work we would have anticipated and questioned Mr. Platz about the additional time in several areas. Others seemed reasonable when given the circumstances that there were more transactions during 2000, there were changes in the reporting requirements for fiscal year 2000 (GASB 31) and there was considerable concern about the effect of the PG &E investment/valuation on our financial statements. Following our discussion, we proposed a settlement to Mr. Platz of Deloitte & Touche in an amount that is less than half of the amount claimed. The amount proposed is $6,525. This amount is reasonable for several reasons. First, it is not uncommon during a period of significant transition that a closer review of activities and transactions occur. Such was the case with the departure of Mr. Hanson at the end of last year. The auditors believed it prudent to more closely examine activities such as receipt and disbursement transactions to ensure proper coding, revenue and expense identification to ensure all events were recorded and electronic transactions to ensure proper posting to City fiscal records. Again, this is not unusual when there is a change in fiscal manager's or key management people. This should f prior houl not be construed to mean that there has been an inadequate review o q p fiscal year activities. The reviews, sampling and verifications were complete such that Deloitte & Touche believed our CAFR fairly stated the City's financial position for previous years. Such is the case for fiscal year 2000. They have stated that our CAFR fairly represents the City's financial position for the fiscal year ended December 31, 2000. • I I A second purpose to a closer review is to protect the auditing firm. It is in their best interests to ensure that no irregularities or management errors have occurred on their watch. We believe this is why the original claim was in excess of 148 hours. Now that they have invested numerous hours into their review and did not discover any issues that are significant or would cause the Council to become alarmed, they are comfortable with a reduction to the proposed fee reduction. Finally, the additional review should provide the Council with a greater measure of confidence. The CAFR fairly represents the City's financial condition and as a result should retain the excellent credit rating it has enjoyed over the past few years. From the perspective of the incoming fiscal manager, it provides a sense of confidence that the City is in excellent financial health. We have proposed an amendment to the Letter of Engagement for review and execution by Deloitte & Touche, LLP. A copy of that amendment is included with this memorandum. Modification Number 1 Letter of Engagement Between City of Brooklyn Center and Deloitte & Touche, LLP In a letter dated October 23, 2000, Deloitte & Touche, LLP the "Auditor" submitted a proposal for audit services to the City of Brooklyn Center, the "City ", that provided for services to be provided and fees to be paid for such services. Whereas, during the course of the audit, the Auditor determined that additional time and effort was necessary to ensure the opinion of the Auditor adequately reflected the financial condition of the City, and Whereas, the additional time and effort was identified to the City at the exit conference with management with additional details provided at a later date. The total additional time and effort included some 148 hours to validate investment valuations, fixed asset values, accrued liabilities and final journal entries affecting the CAFR, and Whereas, after review and discussion with the Auditor, management believes the additional costs are justified when considering the change in fiscal management personnel. Further, such additional examination provided the City with additional assurances that the fiscal affairs of the City were in order, and Whereas, through negotiation with the Auditor, the City has reached a reasonable settlement of the claim for an additional fee of $6,525. (The original fee was $26,900). This increase represents payment for an additional 72.5 hours. Now therefore, by the signatures affixed, the Auditor and City hereby accept this fee increase as the complete and final fee for all services provided by the Auditor to the City as identified in the Letter of Engagement for services provided for the year ending December 31, 2000. For the City: For Deloitte & Touche ATTEST: i City Council Agenda Item No. 7g To: Mayor Kragness and Council Members Lasman, Nelson, Peppe, and Ricker l i From: Michael J. McCauley City Manager Date: July 17, 2001 Re: Status of 2001 Goals City Council 2001 Goals Goals are not in any order of priority. Goal l: Support Brookdale Redevelopment By: • use of tax increment assistance • review and evaluation of land use applications • prompt construction and plan review /inspection • • monitoring developer performance Status: City Council and EDA have revised agreements and Restated and Amended DevelopmentAgreement has been executed Talisman has demolished northwest corner to prepare for construction of Old Navy, Barnes & Noble, and food court. Talisman closed on financing. Construction of main project is under way. Goal 2: Continue and Improve Code Enforcement and Compliance Activities By: • coordinated efforts of the police and community development departments • increased effort and focus on high - density areas, while continuing neighborhood enforcement • continuing to evaluate additional approaches to achieving improved compliance Status: New neighborhood liaison hired CEAP and HOME continue to participate in providing assistance to elderly and disabled in home maintenance and compliance with code enforcement orders. Code Enforcement sweep completed and re- inspection and prosecutorial follow -up on going. Goal 3: Increased Proactivity Towards Fighting Crime By: • increased visibility of police in neighborhoods and apartment complexes • • continuing and expanding the participation rate in Neighborhood Watch programs • including public safety information in all City newsletters Status: Police Department has assigned liaisons to apartment complexes. Community Development, Police and City prosecutor have launched enforcement action directed at Summerchase's continuing problems. Weekly inspections of Summerchase parking lots has resulted in much better compliance with vehicle licensing requirements. This has included apartment by apartment inspection, posting of unoccupied units, and numerous compliance orders. Community Development and Police Departments participate actively in ARM group. Participation in Neighborhood Watch continues at high level with efforts to maintain and increase participation. Public safety information is included in each City Watch newsletter. Goal 4: Actively Support Northeast Corner of 69th Avenue and Brooklyn Boulevard Redevelopment By: • exploring responsible and credibly - financed development proposals • ensuring that plans support the long -term goals of the City's Comprehensive Plan Status: EDA has selected a developer. All land has been acquired, incldingAmerican Legion. Developer is working on site submissions for planning approvak Development . Agreement entered into with developer. Work ongoing to finalize title to property and to close. Goal 5: Continue Planning For and Beginning Construction of Community Center and City Hall Work By: • developing final designs and cost estimates for the project • moving towards substantial construction of the project in 2001 Status: Conceptual plans reviewed with City Council, Park & Recreation Commission, and Financial Commission. Increased costs have required additional pre- design work to keep project scope affordable. Bids are being solicited. Anticipate City Council review of bids on August 11' Goal 6: Continue and Implement Long -Term Financial Planning By: • continued five -year planning for utilities and capital improvements • continuing /expanding five -year planning for other funds • reviewing and developing contingency planning • moving toward development of two to three year budget projections for the City • continuing to evaluate City priorities Status: This is part of budget and capital improvement plan process over the summer and fall The Legislature has eliminated ability to plan for General Fund. Goal 7: Support and Promote Major Road and Street Improvement Projects By: • starting the Brooklyn Boulevard project with the county in the year 2001 in the year 2002 (completion Y ) • Highway 100: - continuing to support and participate in the North Metro Mayor's Highway 100 Council - keeping project schedule with Mn/DOT • supporting and participating in the Highway 694 widening project, with improved sound walls, by Mn/DOT - supporting other arterial enhancements as opportunities arise Status: Brooklyn Blvd has started. City continues to participate in North Metro Mayor's Highway 100 Council and work with MnDOT on 694. SEHdoing design work on France Avenue. Goal 8: Plan for Destination Parks By: • development of a specific financial plan for destination park improvements in the Capital Improvement Plan Status: Capital Improvement Plan will be updated as part of summer /fall budget process. Destination park work will commence shortly at Evergreen Park. Grandview improvements are on hold pending further discussion with District 286 on their potential building plans. S Goal 9: Support and Expand Joslyn Site Development By: • working with the developer to complete phases II and III • measuring compatibility of the proposed France Avenue routing with neighborhood/development Status: Phase H is under construction. Phase III will commence this year. City Council has selected design for France Avenue. Goal 104 Continue Traffic Calming Efforts and Expand Information Available to the Public By: • continuing enforcement efforts through multiple resources • continuing and expanding information to the public on traffic safety and calming efforts Status: Police have increased traffic enforcement with 12 hour shifts in April. Efforts on education and traffic calming continue. Goal 11: Special Visioning Project to Create a Redevelopment Strategy Based on the City's Vision For the Future and Developing Opportunities to Promote Inclusion of ALL Residents in Brooklyn Center's Community Life By: • undertaking accomplishment of this goal in the Central Business District • with the use of consultants who would facilitate public meetings and perform studies that would assist the City Council in developing a framework Status: Smart Growth process has begun. Consultants have begun familiarizing - themselves with City and project area. City staff has provided information and assistance to consultants in assembling materials. Community Workshop held July 11" at 6:30 pm at Earle Brown Heritage Center. Public open house will be held on August 20"' to review concept plans developed from July process. •