Loading...
HomeMy WebLinkAbout2001 10-08 CCP Regular Session AGENDA CITY COUNCIL STUDY SESSION October 8, 2001 6:00 P.M. CONFERENCE ROOM B 1. City Council discussion of agenda items and questions 2. Miscellaneous 3. Adjourn DO YOU WANT TO SEE AND HEAR ABOUT IMPORTANT REGIONAL DEVELOPMENTS AND OPPORTUNITIES IN THE NORTH METRO? -V - Please join Metropolitan 1 !' .4 r council member Todd _ 4 :h..o ..�. _, Paulson along with other elected, advocacy, and civic leaders, on an informational .,; r fregionall _ , ,�, , bus tour o .r significant development �. Fil projects in Brooklyn Center, lym ffi f - • 4 _. .,... ._ � 17 sou[ � Brooklyn Park, Crystal, New - Hope, and Robbinsdale. Friday, October 12, 2001 11 AM Depart - 2 PM Return j — I - Brookdalle Bus Hub -- Xerxes Ave N and 55 Ave Brooklyn Center Please use mall parking near hub Please feel free to bring a bag lunch, or we can order a box lunch for you at $7.50 /each. Beverages will be provided. Box lunch options: ham /cheese, turkey /swiss, roast beef, BLT, tuna, or veggie. Please indicate when you RSVP. Please RSVP by September 28, 2001 to 651 602 1390. Metropolitan Council Building communities that work Public Copy CITY COUNCIL. MEETING City of Brooklyn Center October 8, 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. September 24, 2001 - Study Session 2. September 24, 2001 - Regular Session b. Licenses C. Approval of Application to Conduct Excluded Bingo at Orchard Lane Elementary School on November 15, 2001, Submitted by Orchard Lane PTA d. Approval of Application to Conduct Excluded Raffle at Orchard Lane Elementary School on April 5, 2002, Submitted by Orchard Lane PTA • e. Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees f. Resolution Approving Final Plat, RONSAM ADDITION • CITY COUNCIL AGENDA -2- October 8, 2001 7. Appearance b Metropolitan Council Member Todd Paulson PP Y P 8. Public Hearings a. An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (NE Quadrant of 69'' and Brooklyn Boulevard) • Requested Council Action: - Continue the public hearing. -Take public input. -Close the public hearing. - Motion to adopt ordinance. b. Continued Public Hearing Regarding Proposed Special Assessments for Delinquent Public Utility Service Accounts (This continuation is for the assessment of Lang- Nelson, 6100 Summit Drive, which was removed from the resolution that was adopted on September 10, 2001.) - Resolution Certifying Special Assessment for a Certain Delinquent Public Utility Service Account to the Hennepin County Tax Rolls -Requested Council Action: - Continue the public hearing. -Take public input. -Close the public hearing. - Motion to adopt resolution. C. An Ordinance Amending Chapters 4 and 16 of the Brooklyn Center Ordinances and Establishing a Street Light Service District *Requested Council Action: -Open the public hearing. -Take public input. -Close the public hearing. - Motion to adopt ordinance. 9. Council Consideration Items a. Resolution Adopting Goals for 2002 *Requested Council Action: - Motion to adopt resolution. 10. 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 SEPTEMBER 24, 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: Assistant City Manager Jane Chambers and Deputy City Clerk Maria Rosenbaum. Public Works Director Diane Spector arrived at 6:20 p.m. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Mayor Kragness indicated that the minutes from the September 10, 2001, Regular City Council meeting would need to be amended to read that an invocation was offered before the Economic Development Authority meeting. This amendment would not need any action taken; it will be amended on the official public copy. Council discussed City Council agenda item 2b, Resolution Extending Support and Offering Condolences for the Tragic Loss of Lives Caused by the Attacks on the World Trade Center and the Pentagon and By the Airplane Crash in Pennsylvania. It was the consensus of the Council to have this item removed and placed after the Roll Call so that the Council could formally adopt the resolution. Mayor Kragness indicated that she would like to do the Pledge of Allegiance after the adoption of the resolution. Councilmember Lasman questioned City Council agenda item 8b, An Ordinance Prohibiting the Feeding of Deer, and whether or not the language should be amended to verbalize about droppings that fall naturally from a tree in a person's yard. It was the consensus of the Council to leave the ordinance as written and wait to hear any comments at the public hearing. Mayor Kragness asked if the private kennel licenses on the agenda were two that had been grand fathered. Deputy City Clerk Maria Rosenbaum discussed that the two applicants had been grand fathered during the elimination process of private kennel licenses. Ms. Rosenbaum informed the Council that she believed there were six or seven applicants that had been grand fathered and that of the six or seven, one applicant had given notice that they would not need to renew their license for one of their dogs had asked g p away. 09/24/01 -1- DRAFT 1 Councilmember Ricker questioned the ftmding in City Council agenda item 9a, Planning Commission Application No. 2001 -019 Submitted by Sandness Construction. Assistant City Manager Jane Chambers discussed the City is holding a financial guarantee to assure the completion of the site improvements associated with the 1997 application. REVIEW OF DRAFT 2002 CITY COUNCIL GOALS Councilmember Nelson discussed that he believes the item under Goal 10 listed as, completion of the proposed France Avenue routing, was not appropriate for the support and expansion of the Joslyn site development and that it should be written as it was in last year's goals or amended. Council discussed and it was the consensus of the Council that this item be brought back for discussion at the October 8, 2001, meeting. Councilmember Peppe requested that the minutes from the August 11, 2001, City Council Workshop be amended to indicate that he was absent and excused. MISCELLANEOUS Councilmember Peppe requested an update on the status of the property at 3200 65' Avenue North. Ms. Chambers will check with Public Works Director Diane Spector and update the Council. Councilmember Lasman inquired when the every other week recycling would begin. Ms. Chambers will check into when this process will begin. Councilmember Nelson inquired if the Community Guide was an official City guide. Ms. Chambers discussed that the guide is not an official guide; however, it is a valuable tool and that the City only pays a portion of the cost which helps the guide to be delivered to apartments in the City. Councilmember Lasman inquired if the City's Hate Bias Plan had been reviewed in light of what happened on September 11, 2001. Ms. Chambers indicated yes it was reviewed and that officers were provided with a copy after the incidents on September 11, 2001. Councilmember Lasman requested a copy of this plan. Council discussed the possible historical marker at Palmer Lake, the Multi- Chamber Business meeting, and the Metropolitan Council Bus Tour. It was noted that Councilmembers Lasman and Peppe would not attend, Councilmember Nelson and Mayor Kragness would attend, and Councilmember Ricker will advise later. Councilmember Ricker questioned Economic Development Authority item 4a, Resolution Approving Assignment and First Amendment to Development Agreement By and Between Economic Development Authority of Brooklyn Center and Eagle Crest Northwest Inc., and what was being done with the poor quality soil samples received at the Eagle Crest development. Ms. Chambers informed the Council that staff had prepared an amendment to the development agreement that would reduce the purchase price of the property by $5,000 as partial compensation for the unanticipated soil correction work. 09/24/01 -2- DRAFT Mayor Kragness read a letter she received from a resident regarding a complaint about the sod job done with the improvement projects. Councilmember Peppe suggested that the sodding for fixture projects be done in the spring. Public Works Director Diane Spector discussed that option was considered; however, residents wanted the sod to be finished in the fall. She indicated that this past winter was a bad year for new sod and that staff will try to minimize the amount of salt used this winter. ADJOURNMENT A motion by Councilmember Lasman, seconded by Councilmember Nelson to adjourn the study session at 6:45 p.m. Motion passed unanimously. City Clerk Mayor 09/24/01 -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 SEPTEMBER 24, 2001 CITY HALL 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Council continued from the study session into informal open forum at 6:45 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Ed Nelson, Bob Peppe, and Tim Ricker. Also present: Assistant City Manager Jane Chambers, Public Works Director Diane Spector, Fiscal and Support Services Director Doug Sell, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. Diane Niesen, 5107 East Twin. Lake Boulevard, addressed the Council to discuss City Council's Goals for 2002 and to express concern about the policy that does not allow residents to openly speak with Council Members individually or allow enough time to lengthily speak at City Council meetings. Ms. Niesen stated that she encourages the Council to look at the Council Meeting setup and that the Council should consider looking at issues as a Court of Law and do their own investigating. Ms. Niesen stated that she does support the Council and thanked them for their time. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Nelson, seconded by Councilmember Lasman to adjourn informal open forum at 6:54 p.m. Motion passed unanimously. 2. INVOCATION AND MOMENT OF SILENCE a. Father Will Lowry, St. Alphonsus Catholic Church b. Resolution Extending Support and Offering Condolences for the Tragic Loss of Lives Caused by the Attacks on the World Trade Center and the Pentagon and By the Airplane Crash in Pennsylvania • 09/24/01 -1- DRAFT Mayor Kragness discussed that 2b, Resolution Extending Support and Offering Condolences for the Tragic Loss of Lives Caused by the Attacks on the World Trade Center and the Pentagon and By the Airplane Crash in Pennsylvania, would be removed and added to the agenda after 4, Roll Call, so that the resolution could be formally adopted by the Council. Father Will Lowry, St. Alphonsus Church, offered the invocation. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in regular session and was called to order by Mayor Myrna Kragness at 7:03 p.m. 4. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Ed Nelson, Bob Peppe, and Tim Ricker. Also present: Assistant City Manager Jane Chambers, Public Works Director Diane Spector, Planning and Zoning Specialist Ron Warren, Fiscal and Support Services Director Doug Sell, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. Resolution Extending Support and Offering Condolences for the Tragic Loss of Lives Caused by the Attacks on the World Trade Center and the Pentagon and By the Airplane Crash in Pennsylvania Mayor Kragness read the resolution and requested the Pledge of Allegiance be spoken after the moment of silence. RESOLUTION NO. 2001 -135 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION EXTENDING SUPPORT AND OFFERING CONDOLENCES FOR THE TRAGIC LOSS OF LIVES CAUSED BY THE ATTACKS ON THE WORLD TRADE CENTER AND THE PENTAGON AND BY THE AIRPLANE CRASH IN PENNSYLVANIA The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. The Pledge of Allegiance was spoken. 09/24/01 -2- DRAFT r 5. COUNCIL REPORT Councilmember Ricker discussed that he is amazed at all the flags that Brooklyn Center residents have displayed since the incidents on September 11, 2001, and stated that he was proud to be a resident of Brooklyn Center. He commended residents of Brooklyn Center for all their support. Councilmember Lasman reported that she attended the Police Crime Prevention Program on September 19, 2001, and wanted to take the time to commend the police and staff that were on top of things after the incidents that took place on September 11, 2001. Councilmember Peppe commended the public safety staff for their efforts handling a situation that took place in his neighborhood the night of September 11, 2001, in Brooklyn Center. Councilmember Nelson reported that he attended the Housing Commission meeting on September 18, 2001, and that the Housing Commission is working on language revisions for four City Ordinances. Councilmember Nelson also reported that he attended the Northwest Suburbs Cable Communications meeting on September 20, 2001, and that the Commission is researching a new franchise. Mayor Kragness reported that she attended the Minnesota Mayors Conference on September 22 and 23, 2001, and that the Mayors were asked to prepare a resolution of support for the Mayors of New York and Washington. 6. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Councilmember Nelson, seconded by Councilmember Peppe to approve the agenda and consent agenda. Motion passed unanimously. 6a. APPROVAL OF MINUTES A motion by Councilmember Nelson, seconded by Councilmember Peppe to approve the minutes from the September 10, 2001, study and regular sessions. Motion passed unanimously. 6b. LICENSES A motion by Councilmember Nelson, seconded by Councilmember Peppe to approve the following list of licenses. Motion passed unanimously. MECHANICAL P & D Mechanical Contractors 4629 41" Avenue North, Robbinsdale Kumar Mechanical, Inc. 877 SW 3r Street, New Brighton Yours by Design Heating & Cooling 1061 109'` Avenue NE, Blaine 09/24/01 • -3- DRAFT i PRIVATE KENNEL Denise Mueller 1601 70 Avenue North Lynn Amacher -halm 5420 Fremont Avenue North RENTAL Renewal: 5919 Pearson Drive Gary Nesseth 5318 Queen Avenue North Carin Rudolph 5329 Queen Avenue North Alvin Stachowski Riverwood Estates LLC Donald Kasbohm 5340 -44 Russell Avenue North Judith Swenson Initial: 5918 June Avenue North Janet Kmett 6c. RESOLUTI T ON ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 2001-16, CONTRACT 2001 -G, 2001 SEALCOATING RESOLUTION NO. 2001-136 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 2001-16, CONTRACT 2001 -G, 2001 SEALCOATING The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 6d. AN ORDINANCE VACATING CERTAIN UTILITY EASEMENTS IN BROOKLYN 55 ADDITION (This item relates to the development at Brooklyn Boulevard and 55` Avenue is presented this evening for first reading) A motion by Councilmember Nelson, seconded by Councilmember Peppe to approve first reading of ordinance and set second reading and public hearing for October 8, 2001. Motion passed unanimously. 6e. RESOLUTION AMENDING THE 2001 GENERAL FUND BUDGET TO PROVIDE FOR THE REPAVING OF THE PARKING LOT AT LIONS PARK 09/24/01 -4- DRAFT RESOLUTION NO. 2001-137 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 2001 GENERAL FUND BUDGET TO PROVIDE FOR THE REPAVING OF THE PARKING LOT AT LIONS PARK The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 6E RESOLUTION DECLARING.A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 2001-138 Councilmember Nelson 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 Peppe. Motion passed unanimously. 6g. RESOLUTION APPROVING SUPPLEMENTARY AGREEMENT NO.1 AND CHANGE ORDER NO. 2, IMPROVEMENT PROJECT NOS. 2001 -01, 02, AND 03, CONTRACT 2001 -A, GARDEN CITY NORTH STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS RESOLUTION NO. 2001-139 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION APPROVING SUPPLEMENTARY AGREEMENT NO. 1 AND CHANGE ORDER NO. 2, IMPROVEMENT PROJECT NOS. 2001 -01, 02, AND 03, CONTRACT 2001 -A, GARDEN CITY NORTH STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 7. PRESENTATION ON 2002 MARKETING PLAN - MINNEAPOLIS METRO NORTH CONVENTION AND VISITORS BUREAU • 09/24/01 -5- DRAFT John Connelly, Minneapolis Metro North Convention and Visitors Bureau Executive Director, presented information regarding the 2002 Marking Plan for the Minneapolis Metro North Convention and Visitors Bureau and shared that the 2001 goals are financially on track and that the goals have been approximately 70 to 80 percent reached. Mayor Kragness suggested that Mr. Connelly share with the audience how many communities are involved with the Bureau's operation. Mr. Connelly reported that the funding cities currently include Anoka, Blaine, Brooklyn Center, Brooklyn Park, Coon Rapids, Fridley, Maple Grove, Mounds View, and Shoreview, and that this upcoming year will be the Bureau's 16" year of operation. Councilmember Peppe inquired about the destination assessment and Mr. Connelly reported some on the assessment. Mr. Connelly discussed the Bureau is working on a new initiative of a shuttle service from the airport to hotels and from the hotels to the airport and that Brooklyn Center's help would be required once this initiative is ready for discussion. Mr. Connelly informed the Council that the plan will be finalized in December and if the Council had any further comments or questions to contact him. Mr. Connelly expressed thanks for the partnership that the City of Brooklyn Center contributes to the Bureau. 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) Assistant City Manager Jane Chambers discussed that the plat has not been filed and suggested tabling this item to the October 8, 2001, meeting. A motion by Councilmember Lasman, seconded by Councilmember Peppe to continue the Public Hearing to the October 8, 2001, meeting. Motion passed unanimously. 8b. AN ORDINANCE PROHIBITING THE FEEDING OF DEER Ms. Chambers discussed that this public hearing for an Ordinance Prohibiting the Feeding of Deer was continued at the August 13, 2001, meeting and suggested that the public hearing be continued. A motion by Councilmember Lasman, seconded by Councilmember Nelson to continue the Public Hearing. Motion passed unanimously. 09/24/01 -6- DRAFT Susan Niemi, 3824 France Place, addressed the Council to express that she was against this ordinance and shared that she moved into Brooklyn Center knowing there would be deer in the area. Ms. Niemi enjoys the deer in her neighborhood and believes adopting this ordinance prohibiting the feeding of deer will not do anything to keep the deer out of Brooklyn Center. Ms. Niemi suggested that more signs be placed throughout Brooklyn Center to alert people that deer are in the area to help with the traffic issues. Mayor Kragness informed Ms. Niemi that the ordinance is a safety issue that has been brought to the Council's attention and that the feeding of deer is helping to cause issues regarding the number of deer in the City. A resident who lives next to Ms. Niemi, addressed the Council to express her anger about the ordinance prohibiting the feeding of deer. Mary Saugestad, 5912 Upton Avenue North, addressed the Council to discuss that she is against the ordinance and believes that signs would help for safety purposes. Ms. Saugestad suggested that the Council consider moderation instead of deprivation. Sue Herther, 3820 France Place, addressed the Council to discuss that she is concerned with the number of bird feeders that she has in her yard and questioned the ordinance amendment that would not allow her to feed the birds. Mayor Kragness read the ordinance amendment and indicated that the intention of this ordinance amendment is to eliminate the feeding of deer, not to stop the feeding of birds. A resident from the City of Minnetonka addressed the Council to discuss that Tree Guard is a protector that has been helpful in keeping the deer away in Minnetonka and that she supports the ordinance prohibiting the feeding of deer in Brooklyn Center since she knows from experience of living in the City of Minnetonka that deer can cause safety problems. Ms. Saugestad inquired about the fines and /or penalty if an individual were to be found not in compliance with the ordinance. City Attorney Charlie LeFevere discussed that the penalty would fall under the fines of a public nuisance and that the offense would be a misdemeanor at this time. Councilmember Ricker discussed that he understands the appreciation for wildlife; however, other issues arrive such as safety, which is why this ordinance is being initiated. A motion by Councilmember Nelson, seconded by Councilmember Peppe to close the Public Hearing. Motion passed unanimously. Councilmember Peppe discussed that he agrees that the feeding of wildlife is not helping the safety issues that have raised in the City and that the City has to be responsible with controlling animals for safety. is 09/24/01 - -7 DRAFT Councilmember Nelson discussed his background in natural science and the other issues that are created with animals other than deer. ORDINANCE NO. 2001-14 Councilmember Nelson introduced the following ordinance and moved its adoption: AN ORDINANCE PROHIBITING THE FEEDING OF DEER The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Ricker. Motion passed. unanimously. 8c. AN ORDINANCE AMENDING CHAPTER 1 OF THE CITY ORDINANCES DELETING LANGUAGE REFERENCING DOG LICENSING Mayor Kragness discussed that this ordinance amendment would delete language referencing dog licensing since the Council recently eliminated the dog licensing process. A motion by Councilmember Lasman, seconded by Councilmember Peppe to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Lasman, seconded by Councilmember Nelson to close the Public Hearing. Motion passed unanimously. ORDINANCE NO. 2001-15 Councilmember Lasman introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 1 OF THE CITY ORDINANCES DELETING LANGUAGE REFERENCING DOG LICENSING The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Nelson. Motion passed unanimously. 9. PLANNING COMMISSION ITEM 9a. PLANNING COMMISSION APPLICATION NO. 2001-019 SUBMITTED BY SANDNESS CONSTRUCTION. REQUEST FOR SITE AND BUILDING PLAN APPROVAL FOR AN APPROXIMATE 7,000 SQ. FT. ADDITION TO THE SPIRITUAL LIFE CHURCH, 6865 SHINGLE CREEK PARKWAY. 09/24/01 / 4/01 -8- DRAFT THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS SEPTEMBER 13, 2001, MEETING Planning and Zoning Specialist Ron Warren outlined Planning Commission Application No. 2001- 019 submitted by Sandness Construction requesting for site and building plan approval for an approximate 7,000 square foot addition to the Spiritual Life Church at 6865 Shingle Creek Parkway and discussed that the Planning Commission recommended approval of this application at its September 13, 2001, meeting subject to the following conditions: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Any altered grading, drainage or utility plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. The building additions are to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 4. The applicant shall provide appropriate erosion and sediment control devices on the site during construction as approved by the City Engineering Department. 5. Plan approval acknowledges a preschool use on the property. The applicant shall receive appropriate licensing from the Minnesota Department of Human Services and a copy of said license shall be kept on file with the City. Council discussed the ponding issues and the initial requirements regarding the ponding. Mr. Warren informed the Council that the Church had corrected an issue from original condition and that in the future there will be no additions or resizing of the ponds. A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve Planning Commission Application No. 2001 -019 subject to the above listed conditions. Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. PROCLAMATION DECLARING OCTOBER 7 THROUGH 13, 2001, TO BE ADMINISTRATIVE SERVICES WEEK Mayor Kragness read the Proclamation Declaring October 7 Through 13, 2001, To Be Administrative Services Week. 09/24/01 -9 DRAFT A motion by Councilmember Lasman, seconded by Councilmember Peppe to adopt the S proclamation. Motion passed unanimously. 10b. PROCLAMATION DECLARING NATIONAL BREAST CANCER AWARENESS MONTH 2001 Mayor Kragness read the Proclamation Declaring National Breast Cancer Awareness Month 2001. A motion by Councilmember Peppe, seconded by Councilmember Lasman to adopt the proclamation. Motion passed unanimously. 10c. RESOLUTION APPROVING FINAL PLAT, BRI -MAR ADDITION Ms. Chambers discussed that the Council approve the preliminary plat at its August 27, 2001, meeting, and since then the property owner has submitted an application for final plat approval. RESOLUTION NO. 2001-140 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION APPROVING FINAL PLAT, BRI -MAR ADDITION The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 11. ADJOURNMENT A motion by Councilmember Ricker, seconded by Councilmember Peppe to adjounl the City Council meeting at 8:24 p.m. Motion passed unanimously. City Clerk Mayor 09/24101 -10- DRAFT City Council Agenda Item No. 6b • 1 City Brooklyn y f n Center y A Millennium Community TO: Michael J. McCauley, City Manager FROM: Maria Rosenbaum, Deputy City Clerk DATE: October 3, 2001 SUBJECT: Licenses for Council Approval The following companies /persons have applied for City licenses as noted. Each company /person has fulfilled the requirements of the City Ordinance governing respective licenses, submitted appropriate applications, and paid proper fees. Licenses to be approved by the City Council on October 8, 2001. MECHANICAL Advanced Energy Services, Inc. 3650 Annapolis Lane, Plymouth Ray Welter Heating Company 4637 Chicago Avenue South, Minneapolis Swenson Heating & A/C 6700 West Broadway, Brooklyn Park Taxon - Blackhawk, Inc. 1123 4"' Avenue, Rockford, IL RENTAL Renewal: 4450 58"' Avenue North Michael Lupient 6331, 6401, 6425 Beard Avenue North Phillip Clover 6101 Beard Avenue North Ken Phelan 5105 Brooklyn Boulevard George Lucht 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 - (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 = FAX (763) 569 -3434 FAX (763) 569 -3494 • City Council Agenda Item No. 6c • • T BROOKLYN CENTER POLICE DEPARTMENT MEMORANDUM TO: Sharon Knutson, City Clerk FROM: Joel Downer, Chief of Police DATE: September 24, 2001 SUBJECT: Application to Conduct Excluded Bingo Orchard Lane Elementary School On September 24, 2001, the Brooklyn Center Police Department received an Application to Conduct Excluded Bingo from the Orchard Lane PTA. This application is for an event to be held at the Orchard Lane Elementary School on November 15, 2001. This application has been approved and will be returned to the Orchard Lane PTA 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. 1 Joeler t (__. �hief of Police JD:kh �e � ��8 -bb5� . Minnesota Lawful Gambling Page 1 of 2 LG240B - Application to Conduct Excluded Bingo 8/00 If your organization has been licensed or exempted in the current calendar year, you are not eligible to apply for excluded bingo. Organization Information Organization Name /,� /� it ( it a ort documentation filed with Internal Secretary of State or Inteal Revenue Service) Street 6201 Al oble. A� 1t/a City Count State Zip Code Jdan t b y , kAjo. MA/ 515 Z Type of nonprofit 64anizati on (check one): Fraternal F Veteran Religious >gther nonprofit organization Type of proof of nonprofit - attach a copy (see instructions): Certificate of Good Standing - Minnesota Secretary of State's Office 0 Internal Revenue Service Affiliate of parent nonprofit organization (charter) Excluded Bingo Activity Information Has your organization held a bingo event in the current year? No-)c Yes_ —__ If yes, list thedates that bingo was conducted Check one: V The bingo event will be one of four or �fe bingo events held this year. Date(s) of bingo event � Y n V , /5 ZOO, -OR- The bingo event will be conducted (up to 12 consecutive days) in connection with a: CountyFair - - - -- Date(s)ofbingoevent State Fair - - -- Date(s) of bingo event Civic Celebration - Date(s) of bingo event Name of person in charge of the bingo event — 2 / — '�r1Y�5 ----- - - - - -- - -- Daytime Phone Premises Where Excluded Bingo Will Be Conducted Name of premises O ; , jVd LL Street address '.(n/h/ b 20/ kl &hlz AkM 4f. City or L 'Lg���Besure ��� County , to complete page 2 /'� LG240B - Application to Conduct Excluded Bingo Page 2 of 2 ------ - - - - -- s/oo Organization Name �'._�ca�_d_ �/ (,{� _ Chief Executive Officer's Signature f The information provided in this appli ti is corpple a curate to the best of my knowledge. -1��6 _"�(�(t •.'7 ^`t�� Chief Executive Officerrssignature Phone number (1 53/ - y7 _I Name (please print) c boo a7 . .5 Date /Ly-/-01 Local Unit of Government Acknowledgment and Approval If the gambling premises is within city limits, the city must sign this application. L On behalf of the city, I hereby approve this application Y Oo K 4 6 for excluded bingo activity at the premises located -- - -- -- within the city'sjurisdiction. Print ame of city /YLtiU Signature of city per receiving applicatioCn� ,�f Title- _ �L - K Date —! /_��[/ — If the gambling premises is located in a township, both the county and ldwnship must sign this application. For the township: On behalf of the township, I acknowledge that the organization is applying for excluded bingo activity within the township limits. Print name of township A township has no statutory authority to approve or Signature of township official acknowledging application deny an application (Minn. Stat. sec. 349.213, subd. 2). Title Date-- /__l -- For the county: On behalf of the county, I hereby approve this application for excluded bingo activity at the premises located within the county's jurisdiction. Print name of county (Signature of county personnel receiving application) Title Date--/--/ This form will be made available in alternative format (i.e. large print, you an authorization, all the information you have provided in the process Braille) upon request. The information requested on this form (and any of applying for an authorization remains private, with the exception of attachments) will be used by the Gambling Control Board (Board) to your name and your organization's name and address which will remain determine your qualifications to be involved in lawful gambling activities public. in Minnesota. You have the right to refuse to supply the information private data about you are available only to the following: Board members, requested; however, if you refuse to supply this information, the Board staff of the Board whose work assignment requires that they have access may not s e able to determine your qualifications and, pl a consequence, to the information; the Minnesota Department of Public Safety; the may refuse h issue you an authorization. If you supply the information Minnesota Attorney, General; the Minnesota Commissioners of requested, the Board will be able to process your application. Administration, Finance, and Revenue; the Minnesota Legislative Auditor, Your name and your organization's name and address will be public national and international gambling regulatory agencies; anyone pursuant information when received by the Board. All the other information that to court order; other individuals and agencies that are specifically you provide will be private data about you until the Board issues your authorized by state or federal law to have access to the information; authorization. When the Board issues your authorization, all of the individuals and agencies for which law or legal order authorizes a new information that you have provided to the Board in the process of applying use or sharing of information after this Notice was given; and anyone with for your authorization will become public. If the Board does not issue your consent. Mail Application and Attachment(s) Send the completed application and a copy of your proof of nonprofit status at least 30 days prior to the activity date to: Gambling Control Board Suite 300 South • 1711 W. County Rd. B Roseville, MN 55113 If your application is denied by the local unit of government, do not send the application to the Gambling Control Board. City Council Agenda Item No. 6d • • ��ppKLYN CE BROOKLYN CENTER POLICE DEPARTMENT POLICE MEMORANDUM TO: Sharon Knutson, City Clerk FROM: Joel Downer, Chief of Police DATE: September 24, 2001 SUBJECT: Application to Conduct Excluded Raffle Orchard Lane Elementary School On September 24, 2001, the Brooklyn Center Police Department received an Application to Conduct Excluded Raffle from the Orchard Lane PTA. This application is for an event to be held at the Orchard Lane Elementary School on April 5, 2002. This application has been approved and will be returned to the Orchard Lane PTA 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. r . f�oeW- 6wne'r ,Chief of Police JD:kh i Minnesota Lawful Gambling LG240R - Application to Conduct Excluded Raffle 8/00 If your organization has been licensed or exempted in the current calendar year, you are not eligible to apply for excluded raffle. Organization Information Organization Name (as it ap ears n documentation filed with Minnesota Secretary of State or Internal Revenue Sere) D,eehar vic r /�M Street 6 MOb/e, AM- , ' G1ty 'lam / County 1 1 6 A ' i . I State Type of nonpro organization (check one) /v/V `f p Fraternal Veteran Religious Other nonprofit organization Type of proof of nonprofit - attach a copy (see instructions): r7 Certificate of Good Standing - Minnesota Secretary of State's Office 0 Internal Revenue Service Affiliate of Parent nonprofit organization (charter) Excluded Raffle Activity Information Date of raffle drawing _04 Total market value of raffle prizes $'7ff 0 _ (The value of all raffle prizes in a calendar year may not exceed $750.) Name of the person in charge of raffle_ �Q�— I Phone( -) 153 1 6 Premises Where Excluded Raffle Will Be Conducted Name of Premises 6P ,M -d Z-a fie L ffy-n -hYu Sehool Street Address (do not use PO box) 07.0 ;U)bhe AMAJ. City or township 5 nty Chief Executive OfficerY Signature The information provided in this applic do is complete n a curate to the best of my knowledge. 7 71o3 — 716 y - c f / / baq S Chief Executive Officer's signature_ Phone number( 163) 5 3 / 0 7- /} E UJ e - Name (please print) bO��je S Date�! This form will be made available in alternative format (i.e. large print, issue you an authorization, all the information you have provided in the Braille) upon request. The information requested on this form (and any process of applying for an authorization remains private, with the exception attachments) will be used by the Gambling Control Board (Board) to of your name and and your organization's name and address which will determine your qualifications to be involved in lawful gambling activities in remain public. Minnesota. You have the right to refuse to supply the information Private data about youare available only to the following: Boardmembers, requested; however, if you refuse to supply this information, the Board may not be able to determine your qualifications and, as a consequence, staff of the Board whose work assignment requires that they have access may refuse to issue you an authorization. If you supply the information the information; the Minnesota Department of Public Safety; the M requested, the Board will be able to process your application. Minnesota Attorney General; the Minnesota Commissioners of Administration, Finance, and Revenue; the Minnesota Legislative Auditor, Your name and your organization's name and address will be public national and international gambling regulatory agencies; anyone pursuant information when received by the Board. All the other information that to court order; other individuals and agencies that are specifically you provide will be private data about you until the Board issues your authorized by state or federal law to have access to the information; permit or authorization. When the Board issues your authorization, all of individuals and agencies for which law or legal order authorizes a new the information that you have provided to the Board in the process of use or sharing of information after this Notice was given; and anyone with applying for your authorization will become public. If the Board does not your consent. Mail Application and Attachment(s) Send the completed application and a copy of your proof of nonprofit status at least 30 days prior to the activity date to: ® Gambling Control Board Suite 300 South 1711 West County Road B Roseville, MN 55113 City Council Agenda Item No. 6e • • MEMORANDUM DATE: October 3, 2001 TO: Michael J. McCauley, City Manager FROM: Joyce Gulseth, Public Works Administrative Aide SUBJECT: Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees The attached resolution represents the official Council action required to expedite removal of the trees most recently marked by the City tree inspector, in accordance with approved procedures. It is anticipated that this resolution will be submitted for council consideration each meeting during the summer and fall as new trees are marked. adoption: Member introduced the following resolution and moved its 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 --------------------------------------------------------------------------------------------- BARBARA PLOUMEN 5456 EMERSON AVE N 150 DAVID WILSON 7242 NEWTON AVE N 151 NANCY DAHLQUIST 4700 LAKEVIEW AVE 152 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. 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. • City Council Agenda Item No, 6f • • MEMORANDUM DATE: October 3, 2001 TO: Michael McCauley, City Manager FROM: Todd Howard, City Engineer SUBJECT: Resolution Approving Final Plat, RONSAM ADDITION On May 29, 2001, the City Council approved the Preliminary Plat. Loucks and Associates have submitted a final plat application on behalf of the Developer, the Christensen Corporation. The purpose of this plat is to subdivided 5.6 acres of land located at the northeast quadrant of 69` Avenue North and Brooklyn Boulevard into four lots. The property is currently made up of 13 parcels of land. A copy of the proposed plat is attached The plat of RONSAM ADDITION is recommended for final approval. adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION APPROVING FINAL PLAT, RONSAM ADDITION WHEREAS, the City Council on May 29, 2001 approved of the Preliminary Plat of the RONSAM ADDITION; and WHEREAS, Loucks and Associates on behalf of Christensen Corporation, has applied for Final Plat approval as required by City Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the final plat for RONSAM ADDITION is hereby approved subject to the following conditions: 1. Any additional requirements of the City Engineer or City Attorney. 2. Any additional provisions of Chapter 15 of the City Ordinances. 3. Any other conditions of Hennepin County or the State of Minnesota as required. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. RONSAM ADDITION R. T. DOC. No. \\ — — — — — — — — — — — - L — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — KSS '5179T 69Z29 - - - - - 1- - - - r - L --- - - - - --- - - 1-5 -- ----- - ------ I L --------------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - .... . dl� --------------------- I v le r f L ---------------------- - - - - - - - - - - - - - - - - - - - • • • J— ------------------------- ----------------- 4P Block! --------------------- 51 L ---------------------- J -------------------- 19 NORTH I , in — \\ ; i 0 40 80 0 ----------- - - - - - - - - - - -------------- T - - - - 4 SCALE IN FEET tp J w 69th AVW4 North rt -�JL 6a ASSOCIATES SHEET 2 OF 2 SHEETS City Council Agenda Item No. 7 • • 1 r rt "'IKA et �. iPacv I]J Metropolitan Council member Todd Paulson invites you, along with other elected, advocacy, and civic leaders, on an informational bus tour of regionally significant development projects in Brooklyn Center, Brooklyn Park, Crystal, New Hope, and Robbinsdale. Friday, October 12, 2001 11 AM Depart - 2 PM Return Brookdale Bus Hub Xerxes Ave N and 55 Ave, Brooklyn Center Please use mall parking near hub Please feel free to bring a bag lunch, or we can order a box lunch for you at $7.50 /each. Beverages will be provided. Box lunch options: ham/cheese, turkey /swiss, roast beef, BLT, tuna, or veggie. Please indicate when you RSVP. Please RSVP by September 28, 2001 to 651 602 1390. City Council Agenda Item No. 8a • • CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 25th day of June, 2001, at 7:00 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an Ordinance Amending Chapter 35 of the City Ordinances regarding the zoning classification of certain land. g P tY g g g Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763 -569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (NE QUADRANT OF 69TH AND BROOKLYN BOULEVARD) THE CITY COUNCIL OF TBE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner. Section 35 -1190. COMMERCE DISTRICT (C2). The following properties are hereby established as being within the (C2) Commerce District zoning classification: 1.9ts 6 *rough 18, Bier* 2, Lane's Pr-eek�zn Center- A dditien Section 35 — 1240. PLANNED UNIT DEVELOPMENT DISTRICT (PUD). The following ro p perties are hereby established as being within a (PUD) Planned Unit Development zoning classification: 4. The following properties are designated as PUD /C2 (Planned Unit Development/Commerce): Lots 1 through 4. Block 1. RonSam Addition. Section 2. This ordinance shall become effective after adoption and upon thirty days following its legal publication. 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. 8b s MEMORANDUM DATE: October 3, 2001 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Works SUBJECT: Resolution Certifying Special Assessment For A Certain Delinquent Public Utility Service Account To The Hennepin County Tax Rolls At the September 10, 2001 public hearing regarding certification of delinquent public utility bills, Frank Lang, Earle Brown Terrace representative, addressed the Council to ask that the City Council dismiss the assessment of approximately $60,000 for the Earle Brown Terrace property. Director of Fiscal and Support Services Doug Sell had previously attempted to meet with Mr. Lang about this utility charge, which represents previous years' accumulated sanitary sewer charges that were erroneously not billed. However, after an initial meeting Mr. Lang did not meet again with Mr. Sell prior to the hearing. At the hearing, the Council tabled the assessment until October 8, 2001, and requested that Mr. Lang meet with Mr. Sell to reach an agreement. Mr. Sell reports that Mr. Lang has proposed paying $500 per quarter for 20 quarters, for a total of $10,000 over 5 years. Mr. Sell counter offered either certifying the $60,000 over 3, 4, or 5 years, or a cash payment of $45,000. As of October 1, 2001, no response has been received from Mr. Lang. For the Council's information, the Earle Brown Towers' sanitary sewer charge is currently just under $5,000 per quarter. CITY OF BROOKLYN CENTER SPECIAL ASSESSMENT CERTIFICATION ROLL 10/8/01 DELINQUENT PUBLIC UTILITY SERVICE ACCOUNT MUNICIPPL CODE NO. 22 Lew runs one (1) year PROPERTY ASSESSED OWNER LEVY PROPERTY ADDN. Address Name NO. IDENTIFICATION NO. NO. AMOUNT Legal Description Mailing Address 15127 35- 119 -21 -44 -0012 03299 $60,576.50 6100 SUMMIT DR LANG - NELSON 4601 650 EXCELSIOR BLVD GOLDEN VALLEY MN 55416 i $60,576.50 Member introduced the followin g resolution and moved its adoption: RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENT FOR A CERTAIN DELINQUENT PUBLIC UTILITY SERVICE ACCOUNT TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, the records of the Public Utilities Department list certain accounts delinquent as of July 1, 2001; and WHEREAS, the owners of record of the properties served by each delinquent account have been notified of the delinquency according to legal requirements; and WHEREAS, Minnesota Statutes, Section 444.075 and City Ordinances, Sections 4 -105 and 16 -204 authorize certification of such delinquent accounts to the County tax rolls for collection; and WHEREAS, an assessment roll, a copy of which is attached hereto and part hereof by reference, has been prepared by the City Clerk, tabulating those properties where a delinquent public utility account is to be assessed with the amount, including interest and service charges, to be assessed; and WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for delinquent public utility accounts. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. Said assessment roll of delinquent public utility accounts is hereby adopted and certified as an addition to Levy No. 15127. 2. The assessment as adopted and confirmed shall be payable with ad valorem taxes in 2002, in one annual installment with interest thereon at seven (7) percent per annum, and shall bear interest on the entire assessment from October 1, 2001 through December 31, 2002. 3. The owner of any property so assessed may at any time prior to the certification of the assessment to the County Auditor pay the whole of the assessment, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the RESOLUTION NO. adoption of this resolution; and he or she may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15, or interest will be charged through December 31 of the succeeding year. 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the proper tax lists of the county, and such assessments shall be collected and paid over in the same manner as other municipal taxes. 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. 8c • • MEMORANDUM DATE: October 3, 2001 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Works �— SUBJECT: An Ordinance Amending Chapters 4 And 16 Of The Brooklyn Center Ordinances g P yn And Establishing A Street Light Service District The attached ordinance would establish a street lighting district and authorize the imposition of charges for the use and availability of the system. These charges would be established by way of the public utilities rate study and be a part of the public utilities rate schedule. A separate street lighting service district fund would be established to account for the operations and management of the system. This ordinance also accomplishes some reorganization of the ordinances to bring the separate p g g p Chapter 16, Storm Drainage Utility, into Chapter 4, Water and Sewer. Section 1: Renames Chapter 4 from Water and Sewer to Public Utilities and Service Districts Section 2: Makes some technical and housekeeping changes to the initial sections of the chapter. Section 3: Renumbers the "end sections" of the chapter to make room for new sections. Section 4: Moves the Storm Drainage Utility language from Chapter 16 to Chapter 4, and deletes duplicative language. Chapter 16 is then formally deleted. Section 5: Adds the sections establishing the Street Lighting Service District. This language is similar to that reviewed by the Financial Commission and Council except that it renames the street lighting utility a street lighting service district. This is to eliminate confusion in that this district is not established under the authority of Minnesota Statutes Chapter 444, Public Utilities, but under Chapter 429, which authorizes the collection of service charges. However, the street light service district would be operated similar to the three existing public utilities. Also attached is a draft revised version of Chapter 4 should the proposed ordinance be approved. This ordinance is presented this evening for second reading and a public hearing. CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 8th day of October, 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 amending chapters 4 and 16 of the Ordinances and to establish a street light service district. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763 -569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTERS 4 AND 16 OF THE BROOKLYN CENTER ORDINANCES AND ESTABLISHING A STREET LIGHT SERVICE DISTRICT THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 4 of the Ordinances is hereby renamed Chapter 4 - Public Utilities and Service Districts. Section 2. Chapter 4 of the Ordinances is hereby amended as follows: Section 4 -101. FUNCTION. There shall be in the City of Brooklyn Center a public, ulililicb divisiu of dic puuliu woiks dup ul wuul, WhIL1 bliall mctiul and u pdate thk; JGwul and wai.ci system - of Bi tn► n water utility, a sanitary sewer utilit, , a storm drainage utility, and a street light service district Section 4 -102. MANAGEMENT. The city manager shall be responsible for the management of the public utilities divibiva. O p ciatiuuz, Tall Lc �upci viocd b a public uiililicb supci visui, Who shall bu diicully icspunsiulc to the city publit- wuikb dlicului. and service districts. Section 4 -103 PUBLIC UTILITIES AND SERVIC DISSTRIICTS FUNDS. There shall be maintained within the City accounting system separate funds established for each distinct utility or service distric All monies collected by the public utilities diviaiuii and service districts shall be deposited in the appropriate fund. Each fund shall be used to meet all the expenses for operation, maintenance, repair, plant expansion, and administration of that utility or service district Section 4 -104. RATES, FEES, AND CHARGES. The city council shall adopt by resolution schedules of wale and 6awLaiy bcwci utility an d service rates, fees, and charges which schedules shall be known as the public utilities rate schedules. ORDINANCE NO. Section 4 -105. CHARGE PROCEDURES. The city manager shall establish procedures for determining and collecting customer charges consistent with the adopted rate schedules. Charges for water service shall be based upon a metered quantity of water which a property owner or occupant draws from the municipal system. The property owner or occupant shall be responsible for reading his own meter, recording the meter reading on a postal card provided by the public utilities division, and returning the postal card to the division within the time limit specified on the card. Failure to return a meter card to the public utilities division within the specified time shall result in a service charge as prescribed by the adopted rate schedule. Wald and bcwui Utility and service accounts shall become due immediately following billing and shall be considered as an obligation of the respective property. A service charge as prescribed by the adopted rate schedule shall be added to the next billing on any account unpaid one month after the date of billing. An additional service charge shall be added for each subsequent billing period in which such account, including accumulated service charges remains delinquent. Any charges which are delinquent and which have been properly billed to the premises may be certified by the city clerk to the county auditor for collection from the property owner. The amounts so certified, including service charges and interest commencing from date of initial delinquency, shall be extended by the county auditor on the tax rolls against premises in the same manner as special assessments and shall be paid to the City along with tax revenues. Unpaid charges fo r operatio of the street light s_ystem shall be certified for collection as special assessments in accordance with the procedures specified in Minnesota Statutes, Section 429 101 Section 3. Chapter 4 of the Ordinances is hereby amended as follows: Section 4 -401 is hereby renumbered Section 4 -801. Section 4 -501 is hereby renumbered Section 4 -901. Section 4. Chapter 16 of the Ordinances is hereby amended as follows: Section 16 -101. FUNeTI . STORM DRAINAGE UTIL.ITY. There shall be in the City of Brooklyn Center a Storm Drainage Utility, which shall be operated as a public utility pursuant to Minnesota Statutes, Section 444.075. Section - d Sections 16 102 16 -103 16 -203 and 16 -204 are hereby delete Sections 16 -101, 16 -201, and 16 -202 are hereby renumbered 4 -401, 4 -402, and 4 -403 respectively. Chapter 16 is thus deleted. ORDINANCE NO. Section 5. Chapter 4 of the Ordinances is hereby amended by adding the following sections: Section 4 - 501 STREET LIGHTI SF,RV .. DISTRICT ESTABLISHED, Minnesota Statutes Chanter 429 authorizes cities to imn charges for the operation of a street lighting system. A City street lighting system is hereby established The syste consists of all street lighting facilities, whether owned by the Cij, or otherwise, for which the City purchases and supplies electrical energ A s treet lighting service dist is herd established. The district shall include all propert , within the City of Brooklyn C enter, Section 4 -503. STREET LIGHTING RATES AND FEES Subdivisio 1 _ The City Council shall adopt by resolu a s treet 1_ i�g service charge rate structure that shall be included in t he Public Utilities Rate Schedule, pursuant to Section 4 -104 Sub division 2. Street lighting charges for parcels of land shall be based on land use. The billing unit for residential parcels zoned or used as residential shall be a • "dwelling unit ". The billing u nit for parcels zoned or used as all other zoning _classifications shall be an "acre". Section 6. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of , 2001. Mayor ATTEST: City Clerk Date of Publication Effective Date (Strikeouts indicate matter to be deleted, underline indicates new matter.) CHAPTER 4 - PUBLIC UTILITIES AND SERVICE DISTRICTS Section 4 -101. FUNCTION. There shall be in the City of Brooklyn Center a water utility, a sanitary sewer utility, a storm drainage utility, and a street light service district. Section 4 -102. MANAGEMENT. The city manager shall be responsible for the management of the public utilities and service districts. Section 4 -103. PUBLIC UTILITIES AND SERVICE DISTRICTS FUNDS. There shall be maintained within the City accounting system separate funds established for each distinct utility - or service district. All monies collected by the public utilities and service districts shall be deposited in the appropriate fund. Each fund shall be used to meet all the expenses for operation, maintenance, repair, plant expansion, and administration of that utility or service district. Section 4 -104. RATES, FEES, AND CHARGES. The city council shall adopt by resolution schedules of utility and service rates, fees, and charges which schedules shall be known as the public utilities rate schedules. Section 4 -105. CHARGE PROCEDURES. The city manager shall establish procedures for determining and collecting customer charges consistent with the adopted rate schedules. Charges for water service shall be based upon a metered quantity of water which a property owner or occupant draws from the municipal system. The property owner or occupant shall be responsible for reading his own meter, recording the meter reading on a postal card provided by the public utilities division, and returning the postal card to the division within the time limit specified on the card. Failure to return a meter card to the public utilities division within the specified time shall result in a service charge as prescribed by the adopted rate schedule. Utility and service accounts shall become due immediately following billing and shall be considered as an obligation of the respective property. A service charge as prescribed by the adopted rate schedule shall be added to the next billing on any account unpaid one month after the date of billing. An additional service charge shall be added for each subsequent billing period in which such account, including accumulated service charges remains delinquent. Any charges which are delinquent and which have been properly billed to the premises may be certified by the city clerk to the county auditor for collection from the property owner. The amounts so certified, including service charges and interest commencing from date of initial delinquency, shall be extended by the county auditor on the tax rolls against premises in the same manner as special assessments and shall be paid to the City along with tax revenues. is City of Brooklyn Center 4 -1 City Ordinance ® Section 4 -201. WATER CONNECTION PROCEDURES AND REGULATIONS. Subdivision 1. Permit Application. Any property owner desiring a permit to connect a dwelling or other building to the public water system of the City of Brooklyn Center shall apply therefor, through a licensed plumber, at the City community development department. Subdivision 2. Payment of Connection Charge. Prior to issuance of a connection permit the applicant shall be required to pay the connection charge in full. Subdivision 3. Connection Requirements. No water service line between the curb stop and the plumbing system of any dwelling or other building to be served shall be constructed until a licensed plumber has obtained a connection permit from the planning and inspection department and a water meter from the public utilities division. The adopted permit fee shall be paid to the city general fund as payment for inspection services. In constructing water service lines plumbers shall adhere to standards regarding location, size, grade, materials and workmanship as determined by the public works director. It shall be unlawful to cover the water service line until inspected by a representative of the planning and inspection department. A water meter shall be installed prior to connecting the water service line to the premises' system for consumption by the customer. Subdivision 4. Separation of Supplies. Whenever any premises are connected to the municipal water supply system there shall be a complete physical separation between the municipal water supply system to such premises and any private water supply system so that it is impossible, either intentionally or unintentionally for any water produced by a private water supply system to be mixed with the municipal water supply. Subdivision 5. Meter Installation Requirements. Unless otherwise authorized by the public works director, no water shall be drawn from the municipal water supply system until a water meter has been obtained from the public utilities division and installed to accurately measure all of the water drawn from the system. The public utilities division shall reserve the right to select a meter of the proper size based on the expected maximum flow through the service pipe. All meters shall be set at the nearest practicable location to the point where the service pipe enters the building and shall be set in such a manner as to be easily accessible for reading, removal and resetting as determined by the supervisor of the public utilities division. Subdivision 6. Meter Ownership and Maintenance. The water meter shall be purchased by the owner of the premises from the public utilities division at a price established in the public utilities rate schedule. When a customer sells his property, the public utilities division shall repurchase the meter from the customer at the price which the customer purchased the meter. If the account is unpaid at the time the customer sells his property or otherwise terminates water service, the public utilities division shall deduct the amount of such unpaid account from the repurchase price of the meter. is City of Brooklyn Center 16 -2 City Ordinance The public utilities division shall be responsible to maintain and repair all water meters in the system as may be necessary. However, the cost of repairing water meters damaged through negligence of a property owner, his tenant, or his agent shall be charged to the owner of the meter. The public utilities division shall replace or repair meters found to be worn or defective and the customer shall afford entry at reasonable times for such replacement or repair. Subdivision 7. Service Line Responsibility. The cost of installing all water supply plumbing units, including fixtures, outlets, valves, and the supply lines between the building and the curb stop, shall be borne wholly by the property owner and such plumbing shall be subject to reasonable inspections by representatives of the City community development department. After the initial connection to the curb stop, the property owner shall thereafter be liable for all repair or grade adjustments to his water service line between the street main and the building being served. The public utilities division supervisor shall have final authority in determining when such repairs or grade adjustments are necessary. The supervisor shall give written notice to the property owner of the necessity for repairs or adjustments and the time within which they must be completed. Subdivision 8. Fire Connections. Any person, firm, or corporation desiring to connect fire stand pipes, fire supply pipes, private fire hydrants, or fire sprinkling pipes to the City water system in such a manner that the water supplied to said fire system is not required to be metered, shall make application to the planning and inspection department. Where such application is granted, water shall not be drawn for any purpose other than fire suppression. A detector check valve type meter or other device approved by the supervisor of the public utilities division shall be installed at or near the place of connection to the water service pipe, except for the case of private fire hydrants. An annual fee shall be paid as prescribed in the adopted rate schedule and annual inspections shall be made of the connection. Subdivision 9. Acceptance of Terms. Every property owner receiving or applying for water service from the municipal system shall be deemed by such receipt or application as consenting to all rules, regulations, and rates relating to the public utilities division and such rules, regulations and rates as may from time to time be established by duly constituted authority. Every person authorized to perform work on the municipal water system or on the property owner's service line or on the property owner's plumbing system shall be deemed by such authorization as consenting to all rules and regulations relative to the public utilities division. The application for or continued use of any connection to the City water supply system by the owner or occupant of a premise shall constitute authorization for any authorized employee of the public utilities division to enter upon the premises for the purpose of reading meters, inspecting facilities related thereto, or any other purpose reasonably necessary for the proper operation and maintenance of the meter and service line. • City of Brooklyn Center 16 -3 City Ordinance • Section 4 -202. CONDITIONS OF USE. The City of Brooklyn Center hereby reserves the right to limit the use of water from the City water supply and distribution system and to prescribe emergency conditions for use of water. The public utilities division may discontinue service to any customer of the water system without notice when necessary for repairs. Upon reasonable notice, service may be discontinued for nonpayment of individual accounts or for disregard of duly established rules and regulations pertaining to the operations of the water distribution system. Whenever service is discontinued for nonpayment of accounts or disregarding duly established rules and regulations, such service shall not be resumed except upon payment of outstanding bills, full compliance with duly established rules and regulations, and the payment to the public utilities division of a service restoration charge as prescribed by the adopted rate schedule. The City of Brooklyn Center or the public utilities division shall not be liable for any damage to persons or property caused in whole or in part by the discontinuance of water service. Section 4 -203. GENERAL REGULATIONS. Subdivision 1. It shall be unlawful for any person to tamper with, use, alter, or damage any fire hydrant, curb, or valve box, or street valves except through authority from the public utilities division. Any person who shall damage any part of the municipal water supply system, including any valve or hydrant, shall be liable for such damages. Subdivision 2. It shall be unlawful to connect a premise to the municipal water supply unless an approved water meter purchased from the public utilities division is installed. It shall be unlawful for any nonauthorized person to tamper with, alter, bypass, or in any manner whatsoever interfere with the proper use and functioning of an approved water meter which has been installed. Subdivision 3. It shall be unlawful for any person to plant any tree, shrub, or bush within eight feet of any fire hydrant or to place or erect any object which would hide or obscure such fire hydrant and prevent it from being seen from the street. Section 4 -204. WATER DISCONNECTION PROCEDURES AND REGULATIONS. Subdivision 1. Permit Application. Any property owner required by City authority to disconnect a dwelling or other building from the public water system of the City of Brooklyn Center shall secure a permit therefor, through a licensed plumber, at the City community development department. Subdivision 2. Disconnection Requirements. No water service line between the curb stop and the plumbing system of any dwelling or other building shall be disconnected until a licensed plumber has obtained a disconnection permit from the City planning and inspection department. The adopted permit fee shall be paid to the City general fund as payment for inspection services. The • disconnection procedure shall include disconnection of the water meter and delivery thereof to the City of Brooklyn Center 16 -4 City Ordinance public utilities division. In disconnecting water service lines plumbers shall adhere to standards of workmanship and disconnection procedures as determined by the public works director. It shall be unlawful to cover the disconnection at the City water supply line until inspected by a representative of the planning and inspection department. Section 4 -205. WATER SERVICE LINE REPAIR PROCEDURES AND REGULATIONS. Subdivision 1. Permit Application. Any property owner, before proceeding with repair or adjustment of a water service line to a dwelling or building from the public water system of the City of Brooklyn Center, pursuant to Section 4 -201 (7) of this ordinance, shall secure a permit therefor, through a licensed plumber, at the City community development department. Subdivision 2. Repair Requirements. No water service line between the street main and the building being served shall be repaired or adjusted until a licensed plumber has obtained a repair permit from the City planning and inspection department. Any adopted permit fee shall be paid to the City general fund as payment for inspection services. In repairing said water service line the plumber shall adhere to standards of workmanship and repair procedures as determined by the public works director. It shall be unlawful to cover the water service line until inspected by a representative of the planning and inspection department. Section 4 -301. CONNECTIONS TO SEWER REQUIRED. Every dwelling building or other structure in which plumbing exists or is to be installed shall be connected with the City sanitary sewer system whenever such system is available as determined by the director of public works. Connections shall be made within one year after the City sanitary sewer system is made available. All buildings' liquid waste systems shall be connected to the City sanitary sewer. Where no sanitary sewer is available the onsite system shall be approved by the health authority utilizing the criteria specified in MPCA -WPC 40, Individual Onsite Sewage System. Section 4 -302. SANITARY SEWER CONNECTION PROCEDURES AND REGULATIONS. Subdivision 1. Permit Application. Any property owner desiring a permit to connect to dwelling or other building to the sanitary sewer system of the City of Brooklyn Center shall apply therefor, through a licensed plumber, at the City community development department. Subdivision 2. Payment of Connection Charge. Prior to issuance of a connection permit the applicant shall be required to pay connection charge in full. Subdivision 3. Connection Requirements. No sanitary service line between the sewer main and the waste system of any dwelling or other building to be served shall be constructed until a licensed plumber has obtained a connection permit from the planning and inspection department. The adopted permit fee shall be paid to the City general fund as payment for inspection services. In constructing said sanitary sewer service line, the plumber shall adhere to standards regarding location, size, grade, City of Brooklyn Center 16 -5 City Ordinance materials and workmanship as determined by the public works director. It shall be unlawful to cover the sanitary sewer service line until an inspection has been completed to insure that a proper and suitable connection has been made. Subdivision 4. Service Line Responsibility. The cost of installing the sanitary sewer service line between the building and the main service stub shall be borne wholly by the property owner. After the initial connection to the main service stub the property owner shall thereafter be liable for all maintenance and repairs to his sewer service line between the street main and the building being served. The City shall reserve the right, upon determination of the public works director, to require that the owner of any connected premise other than single and multiple family dwellings shall install, at the property owner's expense, a water meter on a respective private water supply. Section 4 -303. CONDITIONS OF USE. The public utilities division shall regulate the discharge of waste through the sanitary sewer system pursuant to standards established by the State of Minnesota, the Metropolitan Council Environmental Services, and the Brooklyn Center public works department. No person shall discharge or cause to be discharged any storm water, surface water, ground water, roof run -off, subsurface drainage, cooling water, or unpolluted industrial process waters to any sanitary sewer. Storm water and unpolluted drainage shall be discharged to such sewers as are specifically designed as storm sewers or to a natural drainage outlet. Unpolluted industrial cooling waters or unpolluted process waters may be discharged upon approval of the public works director to a storm sewer or natural drainage outlet. Section 4 -304. SANITARY SEWER DISCONNECTION PROCEDURES AND REGULATIONS. Subdivision 1. Permit Application. Any property owner required by City authority to disconnect a dwelling or other building from the sanitary sewer system of the City of Brooklyn Center shall secure a permit therefor, through a licensed plumber, at the City community development department. Subdivision 2. Disconnection Requirements. No sanitary service line between the sewer main and the waste system of any dwelling or other building shall be disconnected until a licensed plumber has obtained a disconnection permit from the planning and inspection department. The adopted permit fee shall be paid to the City general fund as payment for inspection services. In disconnecting said sanitary sewer service line the plumber shall adhere to standards of workmanship and disconnection procedures as determined by the public works director. It shall be unlawful to cover the disconnection work until inspected by a representative of the planning and inspection department. City of Brooklyn Center 16 -6 City Ordinance Section 4 -305. SEWER SERVICE LINE REPAIR PROCEDURES AND REGULATIONS. Subdivision 1. Permit Application. Any property owner, before proceeding with repair or adjustment of a sanitary sewer service line to a dwelling or building from the public sewer system of the City of Brooklyn Center, pursuant to Section 4 -302 (4) of this ordinance shall secure a permit therefor, through a licensed plumber, at the City community development department. Subdivision 2. Repair Requirements. No sanitary sewer service line between the street main and the building being served shall be repaired or adjusted until a licensed plumber has obtained a repair permit from the City planning and inspection department. Any adopted permit fee shall be paid to the City general fund as payment for inspection services. In repairing said sanitary sewer service line the plumber shall adhere to standards of workmanship and repair procedures as determined by the public works director. It shall be unlawful to cover the sanitary sewer service line until inspected by a representative of the planning and inspection department. Section 4 -401. STORM DRAINAGE UTILITY. There shall be in the City of Brooklyn Center a Storm Drainage Utility, which shall be operated as a public utility pursuant to Minnesota Statutes, Section 444.075. Section 4 -402. RESIDENTIAL EQUIVALENCY FACTOR (REF). One (1) REF is defined as the ratio of the average volume of runoff generated by one (1) acre of a given land use to the average volume of runoff generated by one (1) acre of typical single family residential land during a standard one (1) year rainfall event. Section 4 -403. STORM WATER DRAINAGE FEES. Subdivision 1. Calculation of Fee. Storm water drainage fees for parcels of land shall be determined by multiplying the REF for a parcel's land use by the parcel's acreage and then multiplying the resulting product by the storm water drainage rate. The REF values for various land uses are as follows: CLASSIFICATION LAND USES REF 1 Cemeteries, Golf Courses 0.25 2 Parks 0.50 3 Single Family and Duplex 1.00 4 Schools and Institutional 1.25 5 Multiple Family and Churches 3.00 6 Commercial, Industrial 5.00 7 Vacant Land As assigned Subdivision 2. Standardized Acreage. For the purpose of calculating storm drainage fees, all developed single family and duplex residential parcels shall be considered to have an acreage of one- fourth (1/4) acre. City of Brooklyn Center 16 -7 City Ordinance ® Subdivision 3. Excluded Lands. The following land uses are exempt from storm water drainage fees: (a) public rights of way; and (b) vacant, unimproved land with ground cover. Subdivision 4. Other Land Uses. Other land uses not listed in the foregoing table shall be classified by the city manager by assigning them to the classes most nearly like the listed uses from the standpoint of probable hydrologic response. Subdivision 5. Appeals. Appeals regarding the determination of the proper classifications may be made to the city council. The council may adjust, by resolution, the storm drainage fee for a parcel or a class of parcels based upon hydrologic data to be supplied by property owners, which data demonstrate a hydrologic response substantially different from the standards. Such adjustments of storm water drainage fees shall not be made retroactively. Section 4 -501. STREET LIGHTING SERVICE DISTRICT ESTABLISHED. Minnesota Statutes Chapter 429 authorizes cities to impose just and reasonable charges for the use and availability of a street lighting system. A City street lighting system is hereby established. The system consists of all street lighting facilities whether owned b the City or otherwise for which the City purchases and g g tY P Y tY supplies electrical energy. A street lighting service district is hereby I l i PP gY g g Y established. The district shall include all property within the City of Brooklyn Center. Section 4 -503. STREET LIGHTING RATES AND FEES. Subdivision 1. The City Council shall adopt by resolution a street lighting service charge rate structure that shall be included in the Public Utilities Rate Schedule, pursuant to Section 4 -104. Subdivision 2. Street lighting charges for parcels of land shall be based on land use. The billing unit for residential parcels zoned or used as residential shall be living unit. The billing unit for parcels zoned or used as all other zoning classifications shall be acre. Section 4 -801. SEPARABILITY AND VALIDITY. Ever section provision, or art of this Y ,P � P ordinance is declared separable from every other section, provision, or part to the extent that if any section, provision or part of the ordinance shall be held invalid, it shall not invalidate any other section, provision, or part thereof. Section 4 -901. PENALTIES. Whoever does any act or omits to do any act which constitutes a breach of any section of this chapter shall, upon conviction thereof by lawful authority, be punished by a fine not to exceed one thousand dollars ($1,000) or by imprisonment not to exceed ninety (90) days or both, together with the cost of prosecution. City of Brooklyn Center 16 -8 City Ordinance City Council Agenda Item No. 9a 1 • City of Brooklyn Center A Millennium Community MEMORANDUM TO: Mayor Kragness, Councilmembers L an, Nelson, Peppe, and Ricker FROM: Michael J. McCauley, City Manage DATE: September 18, 2001 SUBJECT: Draft City Council Goals Attached please find a draft resolution adopting the 2002 City Council Goals. The resolution incorporates the items identified in Mr. Neu's summary report to you with one exception. Goal 7 on page 7 of Mr. Neu's summary has been changed to delete the second bullet regarding continue /expanding five -year planning for other funds. My recollection from the City Council Retreat was that that item would be removed since the Legislature has effectively precluded such planning in the General Fund. If the draft is an acceptable form after your discussion, it would be placed on a regular agenda for adoption. 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 resolution and moved its adoption: RESOLUTION NO. �. RESOLUTION ADOPTING GOALS FOR 2002 WHEREAS, the City Council met in a facilitated workshop to discuss goals and objectives for 2002; and WHEREAS, the goals set forth in this resolution are the results of the discussions amongst the Council in the course of the facilitated workshop. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the following goals be and hereby are adopted as the official goals of the City Council directing the leadership priorities for City government. Goals are not in any order of priority. Goal 1: Promote the Inclusion of All Residents in Brooklyn Center's Community Life By: • emphasizing opportunities to include the intent of this goal in all of the community's activities and plans Goal 2: Support Brookdale Redevelopment By: • use of tax - increment financing • monitoring developer performance and construction ® Goal 3: 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 • increased enforcement of noise ordinances; barking dogs and other noise generating nuisances Goal 4: Increased Productivity Toward 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 Goal S: Actively Support Northeast Corner of 69th Avenue and Brooklyn Boulevard Redevelopment By: • completing project and monitoring developer performance Goal 6: Complete Community Center and City Hall Retrofitting Project By: • completing projects as planned Goal 7: Continue and Implement Long -Term Financial Planning By: • continued five -year planning for utilities and capital improvements ,, i d r r plannin fer et hef fus • reviewing and developing contingency planning • continuing to evaluate the City's financial priorities RESOLUTION NO. IJKA r r Goal 8: Support and Promote Major Road and Street Improvement Projects By: • completing Brooklyn Boulevard project with the County in the year 2002 and streetscaping in 2003 • 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 Interstate 694 widening project, with improved sound walls, and in a manner advantageous to the City of Brooklyn Center Goal 9: Plan for Destination Parks By: • implementation and review of a specific financial plan for destination park improvements in the Capital Improvement Plan Goal 10: Support and Expand Joslyn Site Development By: • working with the developer to complete Phase III • completion of the proposed France Avenue routing Goal 11: Continuing Traffic Enforcement Efforts and Expand Information Available to the Public By: • continuing enforcement efforts through multiple resources • continuing and expanding information to the public on traffic safety and calming efforts • enforcement of noise ordinances as they relate to noise originating from vehicles and vehicular use Goal 12: Utilize Recommendations Developed in the Opportunity Site Process to Create a Vision and Plan for Brooklyn Center's Central Business District By: • additional public input on directions and priorities for development and redevelopment of the Central Business District • establishing specific development priorities for the next five -ten years • modifying and updating the Comprehensive Plan consistent with the results of public input and planning processes 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 OF BROOKLYN CENTER, MINNESOTA CITY COUNCIL WORKSHOP . August 11, 2001 SUMMARY OF KEY OBSERVATIONS AND CONCLUSIONS REACHED BY THE PARTICIPANTS Prepared by Carl H. Neu, Jr. August 13, 2001 • © Neu and Company and the Center for the Future of Local Governance TM, 2001 CITY OF BROOKLYN CENTER, MINNESOTA CITY COUNCIL WORKSHOP August 11, 2001 SUMMARY OF KEY OBSERVATIONS AND CONCLUSIONS REACHED BY THE PARTICIPANTS Prepared by Carl H. Neu, Jr. August 13, 2001 I. INTRODUCTION The members of the City Council (Robert Peppe excused), City Manager, and Assistant City Manager participated in a City Council Goal - Setting Workshop on August 11, 2001. A copy of the objectives and agenda for this workshop is included as Appendix A. II. KEY CONCLUSIONS AND OBSERVATIONS MADE BY THE PARTICIPANTS A. Council "Time -Out" (Council members only) Prior to the workshop, the council members were asked to complete a pre- workshop questionnaire in which each person could make observations pertaining to progress being made on the completion of the goals established for 2002, key factors affecting the City over the next five years, proposed priorities that should be addressed in the 2002 goals, and general conclusions about factors promoting or inhibiting council's overall performance effectiveness. 1. Obstacles or difficulties perceived to be affecting achievement of some of the goals established for 2001. (a) Goal 7: Highway 100 (1) Perceived obstacles or difficulties: • France Avenue relocation (seeking alternatives) • Lack of consensus among council members as to alternative chosen by the City Council (2) Status: City Council by a vote of 4 -1 has stated the City's position and the matter now is before MnDOT for action. (b) Goal 8: Grandview Park (1) Perceived obstacles or difficulties: • Effecting possible land swaps with the School District (2) Status: City must wait until a decision is made by the School District and a bond referendum is passed that would facilitate land swap. If this does not occur within a reasonable time frame, the City may have to consider other options. (3) Next Steps (CY 2002): • Recommendations from the Park and Rec Commission will be submitted to the council in September of 2001 • Planning Commission is reviewing the proposals and will make recommendations to the City Council. (c) Goal 9: Joslyn Roadway See discussion above pertaining to Highway 100 redevelopment and France Avenue. (d) Goal l: Brookdale Visible progress is being made as a result of construction occurring in the Brookdale area. Status now is that City will monitor the developer's progress and ensure that timelines are met as defined in the agreement between the City and the developer. 2. Other items discussed during the "time- out ": S Council conducted a general discussion on the following: • Status and resolution of certain items before the City pertaining to personnel and related matters. • The perceived strengths and weaknesses of the City Council with the conclusion being that overall the council is doing a very good job of providing effective leadership to Brooklyn Center. B. History of each goal and an overview of accomplishments during 2001: The City Manager provided a detailed overview of the status of City Council goals for the year 2001. A copy of this overview dated July 17, 2001, was distributed to each council member prior to the workshop. C. Five -Year Horizon: Critical challenges and emerging issues that will /might affect the City of Brooklyn Center during the next five years. The following potential critical challenges and major issues were identified: 1. Specific factors affecting the future of the City over the next five years. (a) Revenue /expenditure instability and insecurity occasioned by reduction in government aid in a number of areas and the state legislature's ambiguity and fluctuations in establishing local aid formulas. (b) Smart growth and implications of outcomes from the Smart Growth study for the City of Brooklyn Center. (c) Sustaining economic vitality for the City through economic development and redevelopment. (d) Addressing aging housing stock and achieving a better mixture of housing stock throughout the City. (e) Diversity - recognizing the changing demographics of the City and establishing ways for bringing people into "community processes" that will build a strong sense of community and simultaneously provide opportunities for recognizing and celebrating diversity within the community. ® (f) Maintaining and renewing the City's infrastructure. (g) Planning for and responding to retirements that are projected to occur within the senior management staff for the City. (h) Attracting a quality City workforce reflective of the community and possessing the professional competencies to deal with rapidly- changing circumstances. (i) Dealing with legislative preemption of City authority and the fiscal instability and insecurity that the legislature's policies are creating for cities. (j) Community safety; dealing with shifting demand and response patterns occurring within the delivery of community safety oriented services. (k) Brooklyn Center's image as a City, both within the region and among its residents. (1) Establishing City priorities pertaining to revenues and expenditures. 2. Factors /trends promoting or inhibiting the City's ability to deal with these challenges. The following factors or trends were seen as promoting or inhibiting the City's ability to deal with these challenges: Promoting Inhibiting • Finances - monies, • Finances - cuts revenue, and local aid emanating from state coming to Brooklyn and federal programs Center and policies • The City's willingness to • Ability to focus and identify issues and seek allocate staff resources effective solutions due to state legislature's impacts on the City (creates time commitments on City staff resources) • Successful • State mandates and implementation of code requests that absorb enforcement programs staff time and City resources without any identifiable benefit to the City's citizens • City Council works well as a leadership group in providing direction to the community and support to the City's management and employees • Brooklyn Center is located ideally within the greater metro area D. Proposed City Goals for the Year 2002: The goals listed below are not in any order of priority. Numbering is for identification purposes only. Goal 1: Promote the Inclusion of all Residents in Brooklyn Center's Community Life By: • emphasizing opportunities to include the intent of this goal in all of the community's activities and plans Goal 2: Support Brookdale Redevelopment By: • use of tax - increment financing • monitoring developer performance and construction Goal 3: 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 • increased enforcement of noise ordinances; barking dogs and other noise generating nuisances Goal 4: Increased Productivity Toward 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 Goal 5: Actively Support Northeast Corner of 69 Avenue and Brooklyn Boulevard Redevelopment By: • completing project and monitoring developer performance Goal 6: Complete Community Center and City Hall Retrofitting Project By: • completing projects as planned. Goal 7: Continue and Implement Long -Term Financial Planning By: • continued five -year planning for utilities and capital improvements • continuing /expanding five -year planning other funds • reviewing and developing contingency planning • continuing to evaluate the City's financial priorities Goal 8: Support and Promote Major Road and Street Improvement Projects By: • completing Brooklyn Boulevard project with the county in the year 2002 and streetscaping in 2003 • Highway 100: continuing to support and participate in the North Metro Mayor's Highway 100 Council keeping project schedule with MnDOT • supporting and participating in the Highway 694 widening project, with improved sound walls, and in a manner advantageous to the City of Brooklyn Center Goal 9: Plan for Destination Parks By: • implementation and review of a specific financial plan for destination park improvements in the Capital Improvement Plan. S Goal 10: Support and Expand Joslyn Site Development By: • working with the developer to complete Phase III • completion of the proposed France Avenue routing Goal 11: Continue Traffic Enforcement Efforts and Expand Information Available to the Public By: • continuing enforcement efforts through multiple resources • continuing and expanding information to the public on traffic safety and calming efforts • enforcement of noise ordinances as they relate to noise originating from vehicles and vehicular use Goal 12: Utilize Recommendations Developed in the. Opportunity Site Process to Create a Vision and Plan for Brooklyn Center's Central Business District By: • additional public input on directions and priorities for development and redevelopment of the Central Business District • establishing specific development priorities for the next five -ten years • modifying and updating the Comprehensive Plan consistent with the results of public input and planning processes E. Scheduling of Next Council Workshops The City Manager and consultant will confer to identify proposed dates for workshops to be conducted in February and August, 2002. • APPENDIX A CITY OF BROOKLYN CENTER CITY COUNCIL GOAL- SETTING & LEADERSHIP WORKSHOP August 11, 2001 8:30 a.m. - 3:30 p.m. 1. Objectives: Upon completion of this workshop, the participants will have: a. reviewed briefly the August, 2000 and January 23, 2001 workshops and the conclusions reached at them. b. completed an assessment of council's perceptions of issues and actions that must be addressed to complete 2001 goals successfully. C. assessed council's leadership performance and its continuing efforts to improve its effectiveness. d. identified major challenges and emerging issues confronting the city and council over the next 5+ years. e. established council's goals for 2002. f. addressed other issues raised by council members for discussion. 2. Agenda 8:30 a.m. Welcome and review of workshop objectives. 8:35 a.m. Council "Time out" (Council members only) • Where are we in bringing our 2001 goals to successful g g g outcomes? • How are we performing as a council; opportunities for continuous improvement • Big challenges and emerging issues confronting the city and is council • Proposed priorities for 2002. 11:00 a.m. History of each goal and an overview of accomplishments during 2001 to date (Manager, Assistant Manager and Council). Course Corrections for remainder of 2001. 11:30 a.m. Review of bids for Community Center and City Hall Retrofitting Project 12:15 p.m. Lunch 1:00 P.M. Leadership Priorities and Direction • 5 year horizon: critical challenges and emerging issues - desired outcomes and force -field analysis; i.e., what's working for us and against us in achieving the outcomes we desire? e Goals for 2002 2:45 p.m. Council discussion forum 3:30 p.m. Conclusion i