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HomeMy WebLinkAbout1999 01-25 CCP Regular Session CITY COUNCIL MEETING City of Brooklyn Center January 25, 1999 AGENDA REVISED 1125199 1. Informal Open Forum With City Council - 6:45 p.m. - provides an opportunity for the public to address the Council on items which are not on the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be for clarification only. Open Forum will not be used as a time for problem solving or reacting to the comments made but, rather, for hearing the citizen for informational purposes only. 2. Invocation - 7 p.m. 3. Call to Order Regular Business Meeting 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. Regular Session -January 11, 1999 b. Licenses C. Resolution Rejecting Bid and Deferring the Purchase of One Self- Propelled Pavement Marking Machine d. Resolution Authorizing Carryover of Unexpended Funds and Amending the 1999 General Fund Budget e. Resolution Authorizing Carryover of Unexpended Funds and Amending the 1999 Central Garage Internal Service Fund Budget • CITY COUNCIL AGENDA -2- January 25, 1999 f. Resolution Approving Change Order No. 1, Accepting Work Performed and Authorizing Final Payment, Improvement Project No. 1993 -18, Contract 1996 4, Bob Cahlander Park and Park and Ride Landscaping g. Resolution Declaring Surplus Property and Authorizing Transfer of Drafting Equipment to ISD #11 h. Resolution Approving Change Order Nos. 1, 2, and 3, Improvement Project Nos. 1998 -01, 02, and 03, Contract 1998 -D, Bellvue Neighborhood Street, Storm Drainage, and Utility Improvements i. Resolution Approving Change Order No. 1, Improvement Project Nos. 1998 -04, 05, and 06, Contract 1998- E, St. Al's Neighborhood Street, Storm Drainage, and Utility Improvements j. Resolution Authorizing the Execution of an Agreement with Hennepin County . Regarding Use of the County's Electronic Proprietary Geographical Digitized Data Base k. Resolution Accepting Work Performed and Authorizing Final Payment, Improvement Project No. 1995 -05, Contract 1996 -C, 69th Avenue Bridge Replacement, Roadway & Watermain 1. Set Time and Date of Facilitated Council Retreat for Thursday, February 25, 1999, at 1:30 p.m. at Earle Brown Heritage Center in the Loft - Requested Council Action: - Motion to set time and date of facilitated Council retreat for Thursday, February 25, 1999, at 1:30 p.m. at Earle Brown Heritage Center in the Loft. 7. Council Consideration Items a. Resolution Amending the Policy and Procedure on Requests for Proposals for Financial Professional Services - Requested Council Action: - Motion to adopt resolution. • • CITY COUNCIL AGENDA -3- January 25, 1999 b. Resolution Amending the Adequate General Fund Balance Formula in the Financial Management Policies -Requested Council Action: - Motion to adopt resolution. C. An Ordinance Amending Chapter 23 of the City Ordinances Relating to Payment by Pawnbrokers and Secondhand Goods Dealers for Items Pledged and Location of Pawnbrokers -This item was first read on December 14, 1998, tabled to January 11, 1999, then tabled to January 25, 1999; and is offered this evening for a first reading. - Requested Council Action: - Motion to approve first reading of the ordinance and set February 22, 1999, for second reading and public hearing. d. Discussion of Participation in the Reliever Airport Reform Coalition - Requested Council Action: - Council discuss. e. Mayoral Appointment to Northwest Hennepin Human Services Council Advisory Commission - Requested Council Action: - Motion to ratify Mayoral nomination. f. Discussion of Fiscal Disparities for General Legislation - Requested Council Action: - Council discuss. g. Discussion of Suburban Hennepin Regional Park District - Requested Council Action: - Council discuss. h. Proclamation Declaring February, 6, 1999, to be We Care About Kids Day - Requested Council Action: - Motion to adopt proclamation. S. Adjournment • r 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 REGULAR SESSION JANUARY 11, 1999 CITY HALL 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM There was no informal open forum due to the new /past Council reception. 2a. INVOCATION A moment of silence was observed. 2b. ADMINISTER CEREMONIAL OATH OF OFFICE City Clerk Sharon Knutson administered a ceremonial Oath of Office to Mayor Kragness, Councilmember Debra Hilstrom, and Councilmember Ed Nelson. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in regular session and was called to order by Mayor Myrna Kragness at 7:00 p.m. 4. ROLL CALL Mayor Myrna Kragness, Councilmembers Debra Hilstrom, Kay Lasman, Ed Nelson, and Robert Peppe. Also present: City Manager Michael J. McCauley, Assistant City Manager/HR Director Jane Chambers, Public Works Director Diane Spector, City Attorney Charlie LeFevere, and Recording Secretary Maria Rosenbaum. 5. COUNCIL REPORT Councilmember Lasman attended the Financial Commission meeting on January 7, 1999, and discussed the purpose of their commission and wished to evaluate that purpose for the future and review RFP's and the General Fund Budget. Is 1/11/99 -1- DRAFT 6. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve the agenda and consent agenda. Motion passed unanimously. 6a. APPROVAL OF MINUTES A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve the minutes from the truth in taxation budget hearing on December 7, 1998, regular session on December 14, 1998, and special work session on December 17, 1998. Motion passed unanimously. 6b. LICENSES A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve the following list of licenses. Motion passed unanimously. BOWLING ALLEY Beacon Bowl 6525 Lyndale Avenue North GASOLINE SERVICE STATION Holiday Stationstore #292 420 66th Avenue North Humboldt Unocal 76 6840 Humboldt Avenue North Mobil #504 6849 Brooklyn Boulevard Osseo - Brooklyn Bus Company 4435 68th Avenue North R & R Express Mart 1505 69th Avenue North Terry Presler Amoco 6044 Brooklyn Boulevard U.S. West 6540 Shingle Creek Parkway MECHANICAL SYSTEMS Architect Mechanical 3323 Skycroft Drive, Minneapolis PUBLIC DANCE AMF Earle Brown Lanes 6440 James Circle RENTAL DWELLING Initial: Daniel Soffa 3606 58th Avenue North Daniel Soffa 5809 Brooklyn Boulevard Daniel Soffa 5801 Brooklyn Boulevard Laurie Nelson 7024 Fremont Avenue North Patricia Johnson 5707 Emerson Avenue North Randall Cook 5347 Brooklyn Boulevard 1/11/99 -2- DRAFT Renewal: • George Hanson 1510 69th Avenue North Henry Johnson 6736 Scott Avenue North Orval and Marya Hage 7215 Girard Avenue North Richard Olson 5818 Humboldt Avenue North William Washington 5239 -41 Drew Avenue North TAXICAB Town Taxi, #92 7000 57th Avenue North, Crystal TOBACCO RELATED PRODUCT AMF Earle Brown Lanes 6440 James Circle Applebee's 1347 Brookdale Center Brooklyn Center Municipal #2 6250 Brooklyn Boulevard Drug Emporium 5900 Shingle Creek Parkway Holi Deli Commissary #610 1700 Freeway Boulevard Holiday Stationstore #292 420 66th Avenue North Mobil #504 6849 Brooklyn Boulevard R & R Express Mart 1505 69th Avenue North SuperAmerica #4160 6545 West River Road T.G.I. Friday's 2590 Freeway Boulevard Terry Presler Amoco 6044 Brooklyn Boulevard Tobacco Warehouse, Inc. 6014 Shingle Creek Parkway Walgreen Company 6390 Brooklyn Boulevard RESOLUTION AUTHORIZING ISSUANCE OF A LAWFUL GAMBLING LICENSE, (RENEWAL) TO THE BROOKLYN CENTER FIRE DEPARTMENT RELIEF ASSOCIATION TO OPERATE A PULL -TAB MACHINE AT THE DUOOS BROTHERS LEGION POST #630 RESOLUTION NO. 99 -01 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING ISSUANCE OF A LAWFUL GAMBLING LICENSE (RENEWAL) TO THE BROOKLYN CENTER FIRE DEPARTMENT RELIEF ASSOCIATION TO OPERATE A PULL -TAB MACHINE AT THE DUOOS BROTHERS LEGION POST #630 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. . 1/11/99 -3- DRAFT 6e. APPLICATION FOR EXEMPT PERMIT - LG220 FOR MINNEAPOLIS JEWISH DAY SCHOOL, INC. TO HOLD AND EVENT AT THE EARLE BROWN HERITAGE CENTER ON MARCH 7,1999 A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve the application for exempt permit - LG220 for Minneapolis Jewish Day School, Inc. Motion passed unanimously. 6d. APPLICATION FOR AUTHORIZATION FOR AN EXEMPTION FROM LAWFUL GAMBLING LICENSE (RAFFLE) FROM PROPER ECONOMIC RESOURCE MANAGEMENT FOR AN EVENT TO BE HELD AT THE EARLE BROWN HERITAGE CENTER ON FEBRUARY 27,1999 A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve application for authorization for an exemption from lawful gambling license (raffle) from Proper Economic Resources Management. Motion passed unanimously. 6e. AWARD BID FROM CUSTOM FIRE APPARATUS, INC., IN THE AMOUNT OF $203,998 FOR A NEW SALVAGE TRUCK FOR THE FIRE DEPARTMENT AND ACCEPT DONATION OF $9,000 FROM THE FIRE RELIEF ASSOCIATION A motion by Councilmember Lasman, seconded by Councilmember Peppe to award bid from Custom Fire Apparatus, Inc. Motion passed unanimously. 6f. RESOLUTION DESIGNATING OFFICIAL NEWSPAPER RESOLUTION NO. 99 -02 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING OFFICIAL NEWSPAPER The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 6g. RESOLUTION APPOINTING MICHAEL J. MCCAULEY AS DIRECTOR AND JIM GLASOE AS ALTERNATE DIRECTOR TO THE BOARD OF DIRECTORS OF HENNEPIN RECYCLING GROUP 1/11/99 -4- DRAFT • RESOLUTION NO. 99 -03 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPOINTING MICHAEL J. MCCAULEY AS DIRECTOR AND JIM GLASOE AS ALTERNATE DIRECTOR TO THE BOARD OF DIRECTORS OF HENNEPIN RECYCLING GROUP The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 6h. RESOLUTION DESIGNATING DEPOSITORIES OF CITY FUNDS RESOLUTION NO. 99-04 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING DEPOSITORIES OF CITY FUNDS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 6i. RESOLUTION SETTING SPECIAL ASSESSMENT AND INTERNAL LOAN INTEREST RATES FOR THE YEAR 1999 RESOLUTION NO. 99-05 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION SETTING SPECIAL ASSESSMENT AND INTERNAL LOAN INTEREST RATES FOR THE YEAR 1999 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 6j. AN ORDINANCE VACATING A PORTION OF ALLEY RIGHT OF WAY A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve first reading of ordinance and set February 8, 1999, for Public Hearing and second reading. Motion passed unanimously. 1/11/99 -5- DRAFT 6k. RESOLUTION DECLARING COMMITMENT TO THE BROOKLYN CENTER CITY CHARTER, PLEDGING FAIR TREATMENT OF EMPLOYEES, DECLARING AGAINST CONFLICTS OF INTEREST AND MISUSE OF POSITIONS RESOLUTION NO. 99-06 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION DECLARING COMMITMENT TO THE BROOKLYN CENTER CITY CHARTER, PLEDGING FAIR TREATMENT OF EMPLOYEES, DECLARING AGAINST CONFLICTS OF INTEREST AND MISUSE OF POSITIONS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 61. RESOLUTION ACCEPTING BIDS, AND AWARDING CONTRACTS FOR CONSTRUCTION OF NEW WEST FIRE STATION 1998 -10 AND EAST FIRE STATION REMODELING 1998 -11 RESOLUTION NO. 99 -07 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BIDS, AND AWARDING CONTRACTS FOR CONSTRUCTION OF NEW WEST FIRE STATION 1998 -10 AND EAST FIRE STATION REMODELING 1998 -11 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 6m. RESOLUTION AUTHORIZING CITY MANAGER TO ENTER INTO MEMORANDUM OF UNDERSTANDING WITH LOCAL 82 OF LAW ENFORCEMENT LABOR SERVICES REGARDING ON -CALL STATUS FOR DETECTIVES RESOLUTION NO. 99 -08 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING CITY MANAGER TO ENTER INTO MEMORANDUM OF UNDERSTANDING WITH LOCAL 82 OF LAW ENFORCEMENT LABOR SERVICES REGARDING ON -CALL STATUS FOR DETECTIVES 1/11/99 -6- DRAFT • The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 7. RECOGNITION OF OUTGOING COUNCILMEMBER RESOLUTION NO. 99-09 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF KATHLEEN CARMODY FOR HER DEDICATED PUBLIC SERVICE AS COUNCIL MEMBER The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 8. PUBLIC HEARINGS 8a. AN ORDINANCE VACATING A DRAINAGE AND UTILITY EASEMENT - REGAL ROAD DEVELOPMENT SECOND ADDITION City Manager Michael McCauley discussed this ordinance vacating a drainage and utility easement . for REGAL ROAD DEVELOPMENT SECOND ADDITION is to allow Super America to acquire an additional strip of land along the south boundary of their property to accommodate a proposed car wash expansion. A motion by Councilmember Lasman, seconded by Councilmember Hilstrom to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Lasman, seconded by Councilmember Peppe to close the Public Hearing. Motion passed unanimously. ORDINANCE NO. 99-01 Councilmember Hilstrom introduced the following ordinance and moved its adoption: AN ORDINANCE VACATING A DRAINAGE AND UTILITY EASEMENT - REGAL ROAD DEVELOPMENT SECOND ADDITION 1/11/99 -7- DRAFT The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember • Lasman. Motion passed unanimously. 8b. AN ORDINANCE VACATING EASEMENTS FOR STREET PURPOSES - BROOKLYN CENTER POLICE STATION ADDITION Mr. McCauley discussed this ordinance was for part of the construction of the new police station replatting. Certain recorded easements on the property are no longer needed and two 30 -foot easements dedicated for public street purposes across the northwest rear of the property need to be vacated. The 30 -foot dedications were originally dedicated many years ago to provide for any possible extension of Irving Avenue North. A motion by Councilmember Hilstrom, seconded by Councilmember Lasman to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Lasman, seconded by Councilmember Hilstrom to close the Public Hearing. Motion passed unanimously. ORDINANCE NO. q9-02 Councilmember Nelson introduced the following ordinance and moved its adoption: AN ORDINANCE VACATING EASEMENTS IN FOR STREET PURPOSES - BROOKLYN CENTER POLICE STATION ADDITION The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Lasman. Motion passed unanimously. 8c. AN ORDINANCE AMENDING CHAPTER 7 OF THE CITY ORDINANCES RELATING TO STORAGE OF REFUSE CONTAINERS Mr. McCauley discussed the amendment to the City's ordinance relating to the storage of refuse containers. If this ordinance is approved containers must be placed behind the front setback of the residence. The ordinance was recommended by the neighborhood liaison to remove the current prohibition on having refuse containers in side or rear yards if visible from the street. A motion by Councilmember Hilstrom, seconded by Councilmember Lasman to open the Public Hearing. Motion passed unanimously. 1/11/99 -8- DRAFT is Donn Escher, 3107 65th Avenue North, addressed the Council expressing his support on this ordinance. • Dan Remiarz, 6201 June Avenue North, addressed the Council to comment on the distance of the placement of the containers. A motion by Councilmember Lasman, seconded by Councilmember Hilstrom to close the Public Hearing. Motion passed unanimously. ORDINANCE NO. 99 -03 Councilmember Lasman introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 7 OF THE CITY ORDINANCES RELATING TO STORAGE OF REFUSE CONTAINERS The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 8d. AN ORDINANCE AMENDING CHAPTER 3 OF THE CITY ORDINANCES REGARDING THE MINNESOTA STATE BUILDING CODE . Mr. McCauley advised that the State of Minnesota had adopted the 1997 version of the Uniform Building Code and 1996 National Electrical Code and that the ordinance would reflect this change along with adoption of applicable appendices. A motion by Councilmember Lasman, seconded by Councilmember Nelson to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Hilstrom, seconded by Councilmember Lasman to close the Public Hearing. Motion passed unanimously. ORDINANCE NO. 99-04 Councilmember Lasman introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 3 OF THE CITY ORDINANCES REGARDING THE MINNESOTA STATE BUILDING CODE 1/11/99 -9- DRAFT The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 8e. AN ORDINANCE AMENDING SECTIONS 25-501,25-1003,25-1006,25-1010 AND 25 -1015 OF THE BROOKLYN CENTER CODE OF ORDINANCES RELATING TO RIGHT OF WAY PERMITS AND USES Mr. McCauley outlined the ordinance being amended to include the following: * amending Chapter 25 -501 to require a permit for private driveway or sidewalk construction which impacts the right -of -way * amending Chapter 25 -1003 to include additional exceptions * amending Chapter 25 -1006 to include additional exceptions * amending Chapter 25 -1010 to eliminate the permittee's option to pay the City to do the restoration work * amending Section 25 -1015 to require conformance with the Brooklyn Center Standard Design Plates A motion by Councilmember Lasman, seconded by Councilmember Nelson to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Nelson, seconded by Councilmember Peppe to close the Public Hearing. Motion passed unanimously. ORDINANCE NO. 99 -05 Councilmember Lasman introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING SECTIONS 25 -501, 25 -1003, 25 -1006, 25 -1010 AND 25 -1015 OF THE BROOKLYN CENTER CODE OF ORDINANCES RELATING TO RIGHT OF WAY USES AND PERMITS The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Nelson. Motion passed unanimously. 8f. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (5001 DREW AVENUE NORTH) 1/11/99 -10- DRAFT Mr. McCauley discussed this ordinance is amending Chapter 35 of the City ordinances to rezone the • property at 5001 Drew Avenue North from C -2 to C -1, and that the Planning Commission recommended approval of this amendment. The re- zoning would be more restrictive than the current and would permit the owner to expand since only office /commercial uses would be allowed. The uses do not require as much setback as uses under C -2 which could be more intense. A motion by Councilmember Hilstrom, seconded by Councilmember Lasman to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Lasman, seconded by Councilmember Peppe to close the Public Hearing. Motion passed unanimously. ORDINANCE NO. 99 -06 Councilmember Nelson introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (5001 DREW AVENUE NORTH) The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember • Lasman. Motion passed unanimously. 9. COUNCIL CONSIDERATION ITEMS 9a. AN ORDINANCE AMENDING CHAPTER 12 OF THE CITY ORDINANCES IMPLEMENTING A TIME OF SALE HOUSING INSPECTION, REQUIRING AN INSPECTION, DISCLOSURE OF CONSUMER INFORMATION CONCERNING THE CONDITION OF A DWELLING PRIOR TO ITS SALE, AND CORRECTION OF CERTAIN HAZARDOUS CONDITIONS Mr. McCauley summarized the information that was provided with the agenda materials. A notice in the City Newsletter and television notifications of this ordinance were published informing residents of tonight's public meeting. Since the beginning of this process, the market has changed dramatically toward buyer use of professional inspections. The Realtor's Association had use to this market change, changed it's position from support of this type of ordinance to a position favoring allowing the market place to deal with inspections. 1/11/99 -11- DRAFT Councilmember Hilstrom stated that she had spoke to several residents and took a survey which resulted in 71.4 percent opposed, 25.4 percent in favor and 11.0 percent unknown. Mayor Kragness • indicated that she received a letter from a resident regarding the issues faced with the purchase of their new home. Councilmember Nelson asked for an historical update. Ernie Erickson, Housing Commission Vice - Chair, was present to update Councilmember Nelson and the audience the time involved and the issues that have been undertaken. Mr. Erickson reviewed some of the questions and answers relating to the time of sale inspection program. Mayor Kragness added that one of the most important questions was, is the evaluation a warranty. No, the evaluation is not a guarantee or warranty. The housing evaluation report will be completed through visual inspection of the property. The evaluator cannot guarantee that problems will not occur after the inspection. Council further discussed the proposed amendments to the ordinance and what options residents would have if this ordinance was not amended. Mr. McCauley responded that there are resources and agencies available for first -time home buyers. This information can be obtained from the City's Community Development Department. During the discussion code enforcement was reviewed and, Mayor Kragness indicated that code enforcement has improved and that it is part of the residents responsibility to help the City with code enforcement. Councilmember Hilstrom stated that she was not supportive of the ordinance amendment. • Councilmember Peppe and Councilmember Lasman agreed that they were also not supportive of the ordinance amendment and wanted to express genuine thanks to the Housing Commission for all the hard work they provided which had raised many issues and a productive discussion. Dan Remiarz, 6201 June Avenue North, Chuck Lenthe, 7007 Irving Avenue North, and William Anderson, 5507 Irving Avenue North, addressed the Council to express that they were opposed to the ordinance amendment. A motion by Councilmember Hilstrom, seconded by Councilmember Peppe to take no action on the proposed ordinance amendments. Motion passed unanimously. 9b. AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY ORDINANCES RELATING TO PAYMENT BY PAWNBROKERS AND SECONDHAND GOODS DEALERS FOR ITEMS PLEDGED AND LOCATION OF PAWNBROKERS Mr. McCauley reviewed the amendments to the ordinance and stated that the purpose of tonight's meeting is to set the public hearing and introduce the first reading. 1/11/99 -12- DRAFT Councilmember Hilstrom stated that she was opposed to taking out the check cashing portions of the ordinance, however, was supportive of the addition to the place ineligible for license. Mr. McCauley discussed there are issues that need to be reviewed and that this item could be tabled until the January 25, 1999, meeting. A motion by Councilmember Hilstrom, seconded by Councilmember Nelson to table this ordinance amendment to January 25, 1999. Motion passed unanimously. 9c. SELECT PRESIDING OFFICERS - MAYOR PRO TEM AND ACTING MAYOR PRO TEM Mayor Kragness requested ratification of Robert Peppe as Mayor pro tem and Debra Hilstrom as Acting Mayor pro tem. A motion by Councilmember Hilstrom, seconded by Councilmember Lasman to have Robert Peppe serve as Mayor pro tem and Debra Hilstrom to serve as Acting Mayor pro tem. Motion passed unanimously. 9d. APPOINTMENT OF COUNCIL MEMBER TO SERVE AS CITY REPRESENTATIVE Mayor Kragness requested ratification of the following: Council Member Agency Councilmember Hilstrom League of Minnesota Cities Councilmember Nelson Northwest Suburbs Cable Communications Commission Councilmember Peppe Association of Metropolitan Municipalities Mayor Kragness North Metro Mayors Association. A motion by Councilmember Hilstrom, seconded by Councilmember Peppe to appoint Councilmember Hilstrom to the League of Minnesota Cities, Councilmember Nelson to the Northwest Suburbs Cable Communications Commission, Councilmember Peppe to the Association of Metropolitan Municipalities, and Mayor Kragness to the North Metro Mayors Association. Motion passed unanimously. 9e. MAYORAL APPOINTMENTS OF COUNCIL LIAISONS TO CITY COMMISSIONS FOR 1999 Mayor Kragness requested ratification of the following Council Members to serve as Council Liaisons: . 1/11/99 -13- DRAFT Commission Council Member Financial Robert Peppe • Housing Ed Nelson Human Rights and Resources Debra Hilstrom Park and Recreation Kay Lasman A motion by Councilmember Lasman, seconded by Councilmember Hilstrom ratify the mayoral nominations of Council Members to serve as liaisonsts to the above listed Commissions. Motion passed unanimously. 9L RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF MEMBERS WHO HAVE SERVED ON CITY ADVISORY COMMISSIONS Mayor Kragness recognized the following for serving on City Advisory Commissions: Mark Holmes, Planning Neng Yang, Human Rights and Resources Karyn Huemoeller, Human Rights and Resources Todd Cannon, Housing Sherry Maddox, Human Rights and Resources Ron Christensen, Financial Brian Walker, Planning Bonnie Jude, NW Hennepin Human Services Council Michael Weidner, Financial Jonathan Carter, Housing Ed Nelson, Planning Marcia Mehlhaff, NW Hennepin Human Services Council RESOLUTION NO. 99-10 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF MEMBERS WHO HAVE SERVED ON CITY ADVISORY COMMISSIONS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 1/11/99 -14- DRAFT • 9g. MAYORAL APPOINTMENTS TO CITY ADVISORY COMMISSIONS . Mayor Kragness requested ratification of the nominations to eh City Advisory Commissions: Financial Commission Jay Hruska 5012 North Lilac Drive Lawrence Peterson 5830 June Avenue North Housing Commission Lloyd Deuel 1606 72nd Avenue North Michael VonDeLinde 5312 Boulder Lane Mark Yelich 6018 Beard Avenue North Park and Recreation Commission Gail Ebert 1613 Irving Lane Art Mead 3825 56th Avenue North Don Peterson 3715 58th Avenue North Planning Commission Graydon Boeck 5601 Indiana Avenue North Sean Rahn 601 70th Avenue North, #114 Dianne Reem 6225 Chowen Avenue North Tim Wilson Northwest Hennepin Human Services Council Advisory Commission John Solomon 6819 Emerson Avenue North Councilmember Hilstrom requested to have a notice of vacancies in the City Newsletter. A motion by Councilmember Hilstrom, seconded by Councilmember Lasman to ratify the mayoral nominations. Motion passed unanimously. 9h. STATUS REPORT ON BROOKLYN BOULEVARD ROADWAY AND ENHANCEMENT PROJECTS Public Works Director Diane Spector reported on general information about the roadway and enhancement projects, detailed information about the project and about the enhancement project. Because Brooklyn Boulevard carries such high volume and there are few alternative routes, Hennepin County had determined that the roadway must stay open to traffic during construction. Maintaining access to businesses is a priority, as is maintaining access to and from the freeway. 1/11/99 -15- DRAFT I Hennepin County had scheduled construction over a two -year period, with the east half of the roadway to be constructed in 2000 and the west half in 2001. Enhancements would be constructed in 2001 or 2002. An Open House has been tentatively scheduled for Thursday, February 4, 1999, from 5:00 p.m. to 7:00 p.m. Councilmember Hilstrom raised a question about the financing. Mr. McCauley responded that Hennepin County has come up with the final numbers, however, the quantity will be affected and there is grant money reserved. 9i. RESOLUTION CALLING FOR A PUBLIC HEARING REGARDING THE CREATION OF TAX INCREMENT FINANCING (SOILS CONDITION DISTRICT AND THE ADOPTION OF A TAX INCREMENT FINANCING PLAN THEREFOR I Mr. McCauley stated this resolution is before the Council tonight for approval of first reading and to set Public Hearing on February 8, 1999. The Tax Increment District, if approved, would encompass four current parcels including the Joslyn Pole Yard site. The four parcels have a combined market value of $2,005,600 with a net tax capacity of $68,621. The district as a soils district would have a statutory potential life of up to 20 years. In a soils district, TIF monies are primarily used to acquire property and pay for the cost of removal or remedial action of the contamination that qualifies the property as a soils district. The Joslyn Pole Yard site is listed as a federal "superfund site" because of the creosote contamination of the soil and ground water. An estimated total of $8,600,000 in necessary qualified site preparation costs have been identified that exceed the otherwise fair market value of the land. Of the $8.6 million, $6.4 million is directly related to soil cleanup and the balance is the additional cost of building acquisition and removal. At the public hearing the Council will consider a development agreement with Real Estate Recycling which is a small firm that specializes in the redevelopment of polluted sites. They are proposing to develop three phases corresponding to three reconfigured parcels. These uses will be office /warehouse/light industrial uses and will create more jobs in the City. RESOLUTION NO. 99-11 Councilmember Hils o tr m introduced the following resolution and moved its adoption: RESOLUTION CALLING FOR A PUBLIC HEARING REGARDING THE CREATION OF TAX INCREMENT FINANCING (SOILS CONDITION) DISTRICT AND THE ADOPTION OF A TAX INCREMENT FINANCING PLAN THEREFOR 1/11/99 -16- DRAFT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 10. ADJOURNMENT A motion by Councilmember Hilstrom, seconded by Councilmember Lasman to adjourn the meeting at 8:49 p.m. Motion passed unanimously. City Clerk Mayor 1/11/99 -17- DRAFT s Ci ty g Council Agenda Item No. 6b • • City of Brooklyn Center A great place to start. A great place to stay. • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Maria Rosenbaum, Deputy City Clerkp DATE: January 20, 1999 ✓l F 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 January 25, 1999: COMMERCIAL KENNEL Brooklyn Pet Hospital 4902 France Avenue North GASOLINE SERVICE STATION . Brooklyn Center Municipal Garage 6844 Shingle Creek Parkway Macmillan Bloedel 4810 North Lilac Drive MECHANICAL SYSTEMS Air Conditioning Associates, Inc. 689 Pierce Butler Route, St. Paul Air Corporation Mechanical 4112 83rd Avenue North, Brooklyn Park American Burner Service, Inc. 601 North Prior Avenue, St. Paul American Heating and Air Supply 8347 University Avenue NE, Spring Lake Park Flare Heating and Air Conditioning 9303 Plymouth Avenue North, Golden Valley Heating and Cooling Two, Inc. 18550 County Road 81, Maple Grove Home Energy Center 15200 25th Avenue North, Plymouth Lakeland North Heating and Air, Inc. 16041 Kangaroo Street, Ramsey Metropolitan Mechanical Contractors, Inc. 7340 Washington Avenue South, Eden Prairie Petroleum Maintenance Company 3172 Spruce Street, St. Paul Superior Contractors, Inc. 6121 42nd Avenue North, Minneapolis RENTAL DWELLING Initial: Gregory Young 4806 Twin Lake Avenue Morning Sun Investments, Inc. 1543 Humboldt Place • 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer Page 2 • Licenses for Council Approval January 25, 1999 Renewal: Chu La 4110 Lakebreeze Avenue North Dan Ista 7211 Girard Avenue North Daystar Investments 1513 Humboldt Place North Daystar Investments 1549 Humboldt Place North Gary Brummer River Glen Gary Scherber 4708 Lakeview Avenue North Jerry Fobbe 4811 Lakeview Avenue North Morning Sun Investments, Inc. 1525 Humboldt Place North Morning Sun Investments, Inc. 1531 Humboldt Place Morning Sun Investments, Inc. 6765 Humboldt Avenue North Patricia Beier 5300 -04 Vincent Avenue North TOBACCO RELATED PRODUCT Hollywood Tobacco, Inc. 6300 Brooklyn Boulevard • • City Council Agenda Item No, 6c • • MEMORANDUM DATE: January 20, 1999 TO: Michael McCauley FROM: Dave Peterson, Public Works Superintendent SUBJECT: RESOLUTION REJECTING BID AND DEFERRING THE PURCHASE OF ONE SELF - PROPELLED PAVEMENT MARKING MACHINE The 1999 Central Garage capital outlay budget included $58,400 for the replacement of vehicle #46, a 1989 self - propelled pavement marking machine. Provisions and Technical Specifications were generated and a Call for Bids was advertised. A single bid was received at the bid opening on January 19, 1999, in the amount of $65,316.45. The bid from Long Lake Tractor & Equipment does meet our specifications. This is highly specialized equipment and our specifications must reflect the recent changes in the paint industry which will be latex water based paints to meet Environmental Protection Agency standards. This puts a whole new dimension in the application of painted pavement markings and equipment. Research show there are a limited number of manufacturers and local distributors for this equipment. We researched • factory prices in May 1998, we feel the price of $58,400.00 was a reasonable estimate. Presently we plan to check prices and review the following options: • Rebid the equipment later in the 1999 budget year. • Rebuild and replumb the present paint striping equipment. • Postpone the equipment purchase to 2000 budget year. I recommend the City of Brooklyn Center reject the bid from Long Lake Tractor & Equipment and defer purchase of the pavement marking machine. Member introduced the following resolution and moved • its adoption: RESOLUTION NO. RESOLUTION REJECTING BID AND DEFERRING THE PURCHASE OF ONE SELF - PROPELLED PAVEMENT MARKING MACHINE WHEREAS, an appropriation of $58,400 was approved in the 1999 Central Garage capital outlay budget for the purchase of one self - propelled pavement marking machine; and WHEREAS, sealed bids were accepted on January 19, 1999; and WHEREAS, one single bid was received from Long Lake Tractor & Equipment in the amount of $65,316.45; and WHEREAS, the bid was $6,916.45 higher than the appropriated amount. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: • The bid of Long Lake Tractor & Equipment in the amount of $65,316.45 is hereby rejected and the purchase of one self - propelled pavement marking machine is hereby deferred. 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. 6d • MEMORANDUM • DATE: January 14 1999 TO: Michael J. McCauley, City Manager ,1 FROM: Michael Krech, Public Works Specialist SUBJECT: Resolution Authorizing Carryover of Unexpended Funds and Amending the 1999 General Fund Budget The unexpended funds to be carried over to the 1999 General Fund Budget will be used for the Brookdale Area Traffic Study which was approved by council resolution September 14, 1998 and was contracted with SEH. $15,000.00 was budgeted in the unallocated division of the General Fund budget to provide for miscellaneous studies. The remaining balance is $13,534.59. The work has been extended because of a cooperative cost saving agreement in which SEH is now also doing a traffic study internal to the Brookdale area. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING CARRYOVER OF UNEXPENDED FUNDS AND AMENDING THE 1999 GENERAL FUND BUDGET WHEREAS, Section 7.08 of the City Charter provides the City Council with the authority to appropriate funds from the accumulated surplus in an amount equal to a previous appropriation in the General Fund Budget, if not in fact expended or encumbered for that purpose in the previous fiscal year; and WHEREAS, the 1998 General Fund Budget contained an appropriation of $15,000.00 for Professional Services; and WHEREAS, Resolution 98 -147 authorized a contract with SEH for a Brookdale Area Traffic Study in the amount of $15,000.00; and WHEREAS, the work is ongoing and the entire amount has not been expended, leaving a balance of $13,534.59. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: • 1. The 1998 General Fund Budget is amended to reduce the Central Supplies and Support Division appropriation by $13,534.59. 2. The 1999 General Fund Budget is amended to increase the Central Supplies and Support Division appropriation by $13,534.59. 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. 6e • • MEMORANDUM • DATE: January 14, 1999 TO: Michael J. McCauley, City Manager \� FROM: Michael Krech, Public Works Specialist SUBJECT: Resolution Authorizing Carryover of Unexpended Funds and Amending the 1999 Central Garage Internal Service Fund Budget The $3,000.00 is for a snorkel exhaust system which was part of the 1998 Capital Outlay budget of the Central Garage Fund. No quotes were received that were within the budgeted amount until it was to late to complete the work in 1998. A supplier has now provided a quote that is acceptable so that the work can be completed within the budgeted amount. • Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION AUTHORIZING CARRYOVER OF UNEXPENDED FUNDS AND AMENDING THE 1999 CENTRAL GARAGE INTERNAL SERVICE FUND BUDGET WHEREAS, Section 7.08 of the City Charter provides the City Council with the authority to appropriate funds from the accumulated surplus in an amount equal to a previous appropriation in the rP q P Central Garage Fund Budget, if not in fact g g expended or encumbered for that purpose in the previous fiscal year; and WHEREAS, the 1998 Central Garage Fund Budget contained a Capital Outlay appropriation of $3,000.00 for the purchase of a snorkel exhaust system; and � WHEREAS, due to the inability to obtain quotes within the budgeted amount durin g 1998, it was not possible to complete this project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The 1998 Central Garage Fund Budget is amended to reduce the Capital Outlay g g P Y appropriation by $3,000.00. • 2. The 1999 Central Garage Fund Budget is amended to increase the Capital Outlay appropriation by $3,000.00. 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: January 13 1999 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Works, SUBJECT: Resolution Approving Change Order No. 1, Accepting Work Performed and Authorizing Final Payment, Improvement Project No. 1993 -18, Contract 1996 -J, Bob Cahlander Park and Park and Ride Landscaping In reviewing the status of past projects, it was found that this 1996/97 landscaping project had never been formally approved for final payment. The contractor as well was unaware that it was still outstanding. This work was for landscaping, fencing, and signage at Cahlander Park and Park and Ride. This work was complete and accepted at least a year ago. A change order in the amount of $3,255 is requested to provide for a revision in the fencing to avoid conflicts with utilities, and for requests made by adjacent property owners. • A resolution approving the change order, accepting the work performed, and authorizing final payment is attached. • Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION APPROVING CHANGE ORDER No. 1, ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1993 -18, CONTRACT 1996 -J, BOB CAHLANDER PARK AND PARK AND RIDE LANDSCAPING WHEREAS, pursuant to a written contract signed with the City of Brooklyn Center, Minnesota, Woyda and Mortel has satisfactorily completed the following improvement in accordance with said contract. Improvement Project No. 1993 -18 Contract 1996 -J, Bob Cahlander Park and Park and Ride Landscaping NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. Change Order No. 1 in the amount of $3,255 is hereby approved. 2. It is hereby directed that final payment be made on said contract, taking the Contractor's receipt in full. The total amount to be paid for said improvement under said contract shall be $90,200. 3. The work completed under said contract is accepted and approved according to the following schedule: Costs Per Bid Final Construction $85,845.00 $86,945.00 Contingency (10 %) $8,584.50 Change Order No. 1 $3,255.00 Total Costs $94,429.50 $90,200.00 Revenues Storm Drainage Util $94,429.50 $90,200.00 • Total Revenues $94,420.50 $90,200.00 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. 6g MEMORANDUM • DATE: January 14, 1999 TO: Michael J. McCauley, City Manager 1 FROM: Diane Spector, Director of Public Works � SUBJECT: Resolution Declaring Surplus Property and Authorizing Transfer of Drafting Equipment to ISD #11 In late 1997, the Engineering Division purchased a plan-size ink jet plotter to replace its pen plotter. The plotter is used to produce plans and maps up to 36" wide, and the ink jet plotter is much faster and more efficient at production plotting, such as producing a set of plans which may have 50 sheets or more. The vendor was unwilling to take the pen plotter in on trade, and other vendors contacted have not been interested in purchasing it. Because most private firms and cities are moving toward ink jet plotters, there appears to be no market for the pen plotter, yet it is still functional. Staff have contacted area high schools with drawing and drafting programs, and Champlin Park High School is interested in the plotter. • A resolution declaring the plotter surplus property and authorizing its transfer to ISD #11 is provided for Council consideration. i • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING SURPLUS PROPERTY AND AUTHORIZING TRANSFER OF DRAFTING EQUIPMENT TO ISD #I 1 WHEREAS, the Engineering Division has replaced a Hewlett Packard Draftmaster SX plotter with a more up to date model and no longer needs the Draftmaster plotter; and WHEREAS, several drafting equipment vendors declined to purchase the plotter; and WHEREAS, Champlin Park High School is interested in acquiring the plotter for use in its drawing and drafting lab. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the HP Draftmaster SX plotter is hereby declared surplus property, and its donation to Champlin Park High School in Independent School District #11 is hereby • authorized. 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. 6h 1 1 • MEMORANDUM DATE: January 19, 1999 TO: Michael J. McCauley, City Manager FROM: Scott A. Brink, City Engineer 0 SUBJECT: Resolution Approving Change Order Nos. 1, 2, and 3, Improvement Project Nos. 1998 -01, 02, and 03, Contract 1998 -D, Bellvue Neighborhood Street, Storm Drainage, and Utility Improvements On April 27, 1998, the City Council awarded a contract to Thomas & Sons Construction, Inc. in the amount of $2,142,383.81 for Contract 1998 -D. The work essentially provided for the reconstruction of the Bellvue Neighborhood. Thomas & Sons Construction, Inc. has substantially completed the original contract work as specified. During the course of the construction, items of construction were required to be completed that were unknown at the time of plan preparation. Chang_ e Order No. 1 consists of the following items: Street Construction Expose telephone duct at 55th & Dupont $ 703.68 Void in D/W 5309 Bryant Ave. 531.26 4" PVC at Camden/53rd for irrig. conduit 555.19 Site grading at 53rd & Camden, Bryant 2,793.62 Misc. Items 4.455.61 $9,042.36 Sanitary Sewer Construction Reroute 6" serv, temp san. services, locate plug sewer, serv. problem 5345 Colfax Ave. $9,192.25 Water Main Construction Remove unknown services on 4th St. $3,114.18 Replace service to Mpls. resident 2,672.05 Relocate water main for storm conflict 1,020.76 Relocate valves & mains on 55th Ave. 10, 322.89 Raise exist. hydrants 6.646.99 $23,776.87 i • Storm Sewer Construction Conflict with Amoco Pipeline 2 e P $, 230.98 Conflict with 16" water at 55th & Emerson Ave. 2,500.00 Remove, replace RCP & CB 2,529.74 Misc construction 2.700.25 $9,960.97 Total Change Order No. 1 $51,972.45 Chang Order No. 2 Installation of concrete pavers in place of concrete apron at 53rd and Dupont Avenues. Concrete Pavers $4,782.00 Chang Order No. 3 Additional Storm Sewer construction to repair plugged storm sewer at 53rd Avenue and Knox Avenue. Storm Sewer $8,770.00 The original contract as bid provided for a contingency of $107,118.42. Change Order Nos. 1, 2, and 3 total $65,524.45. • The revised contract amount shall be $2,207,908.26. Recommended Council Action: Approve attached resolution. • Member introduced the following resolution and moved its • adoption: RESOLUTION NO. RESOLUTION APPROVING CHANGE ORDER NOS. 1, 2, AND 3, IMPROVEMENT PROJECT NOS. 1998 -01, 02, AND 03, CONTRACT 1998 -D, BELLVUE NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS WHEREAS, pursuant to written contract signed with the City of Brooklyn Center, Minnesota, Thomas & Sons Construction, Inc. has substantially completed the following improvement in accordance with said contract: Improvement Project Nos. 1998 -01, 02 & 03, Contract 1998 -D, Bellvue Neighborhood Street, Storm Drainage and Utility Improvements NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. Change Order Nos. 1, 2, and 3 are hereby approved. As Awarded per As Amended per COST Low Bid Change Orders • Contract $2,142,383.81 $2,142,383.81 Contingency (5 % /1 %) $ 107,118.42 $ 21,423.84 Change Order No. 1 $ 51,972.45 Change Order No. 2 $ 4,782.00 Change Order No. 3 $ 8.770.00 Subtotal $2,249,502.23 $2,229,332.10 Admin. /Engr. /Legal $ 125,000.00 $ 159,710.37 Reforestation $ 10,000.00 $ 10,000.00 Street Lights /Power UG $ 55.000.00 $ 55.000.00 Total Estimated Project Cost $2,439,502.23 $2,454,042.47 REVENUES Street Assessments $ 432,715.00 $426,732.00 Local State Aid 4,676.32 51,531.18 Municipal State Aid 193,216.12 187,546.68 Sanitary Sewer Utility 294,568.51 301,121.47 Water Utility Fund 147,783.56 167,885.00 Storm Drainage Assessment 130,117.00 141,518.00 Storm Drain Utility 764,324.50 747,760.24 Special Assess.Const. Fund 337,565.90 330,431.42 53rd Avenue DALP Funds 94.535.32 99.516.48 • Total Estimated Revenue 2 4 $ 39,502.2 3 $2,454,042.47 • 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. 6i • MEMORANDUM • DATE: January 14, 1999 TO: Michael McCauley, City Manager FROM: Scott Brink, City Engineer5ft SUBJECT: Resolution Approving Change Order No. 1, Improvement Project Nos. 1998 -04, 05, and 06, Contract 1998 -E, St. Al's Neighborhood Street, Storm Drainage, and Utility Improvements On April 27, 1998, the City Council awarded a contract to Thomas & Sons Construction, Inc. in the amount of $410,693.20 for Contract 1998 -E. During the course of construction additional work not included in the bid items was required. Change Order No. 1 Grade change on sanitary sewer main $1,354.36 Replace exist storm MH unknown 1,766.56 Raise hydrant 70th & Indiana Ave. 652.77 Repair damaged water service 717.64 • Conflict with underground electric telephone & irreg. at 69th & Grimes 3,413.49 Keystone retaining wall at 70th & Halifax Ave. 2, 646.00 Misc. (Valve repair, Corten bolts) 2. 885.34 Total amount of Change Order No. 1 $13,436.16 The revised contract amount shall be $424,129.36.The original bid amount plus contingencies was approved at $451,762.50. Recommended City Council Action Approve the attached resolution approving Change Order No. 1. • Member introduced the following resolution and moved its • adoption: RESOLUTION NO. RESOLUTION APPROVING CHANGE ORDER NO. 1, IMPROVEMENT PROJECT NOS. 1998 -04, 05, AND 06, CONTRACT 1998 -E, ST. AL'S NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS WHEREAS, pursuant to a written contract signed with the City of Brooklyn Center, Minnesota, Thomas and Sons Construction, Inc. has substantially completed the following improvement in accordance with said contract: Improvement Project Nos. 1998 -04, 05, and 06, Contract 1998 -E, St. Al's Neighborhood Street, Storm Drainage and Utility Improvements NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. Change Order No. 1 is hereby approved. 2. Project costs and revenues are hereby amended according to the following schedule: COSTS • Estimated Costs As Amended Per Low Bid As Amended Per CO No. 1 Contract $410,693.20 $410,692.20 Contingency (10 % /1 %) 41,069.32 4,106.92 Change Order No. 1 13, 436.16 Subtotal Construction Cost $451,762.52 $428,235.28 Admin/Legal /Engr. $ 47,250.00 $ 51,308.84 Reforestation 10,000.00 5,000.00 Street Lights 12.500.00 12.500.00 Total Estimated Project Cost $521,512.52 $497,044.12 REVENUES Street Assessments $186,390.00 $186,390.00 Sanitary Sewer Utility 105,232.30 106,331.62 Water Utility 31,643.00 32,902.10 Storm Drainage Assessment 64,614.00 64,614.00 Storm Drain Utility (31,379.30) (32,852.85) Special Assess. Const. Fund 165.012.52 139.659.25 Total Estimated Revenue $521,512.52 $497,044.12 I • 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. 6j MEMORANDUM • DATE: January 14, 1999 TO: Michael J. McCauley, City Manager FROM: Michael Krech, Public Works Specialist SUBJECT: Resolution Authorizing the Execution of An Agreement With Hennepin County Regarding Use of the County's Electronic Proprietary Geographical Digitized Data Base The Agreement Brooklyn Center utilizes Hennepin County's electronic base map for all mapping. A base map generally consists of property lines, right of way lines, PID's, and other miscellaneous geographic information. City staff then overlay data such as street names, parks, utility locations, and thematic data such as property value, zoning, etc, to create specialized maps. Essentially, the agreement stipulates that the Electronic Proprietary Geographical Digitized Data Base (EPDB) is defined under the Data Practices Act as trade secret or confidential information and is subject to copyright protection. Also, the City may not directly furnish the City's base map in electronic • form to any other party unless that party also executes a license agreement. The City's consultants, who typically obtain base map data from staff or from LOGIS, would still be able to acquire the base map, but would also be required to execute a license agreement with Hennepin County. Hennepin County will be directly entering into a license agreement with consultants that work with Brooklyn Center if they have any part of the EPDB. The Renewal This agreement is a renewal of the agreement made last year with Hennepin County. This agreement will expire December 31, 1999; at which time another renewal will be required. The current license agreement was not deliverded in time for a 1998 resolution to be passed. Hennepin County understands that we are currently operating without an agreement because of the timeliness of passing the required resolution and they will not require us to return or destroy the EPDB unless Brooklyn Center chooses not to renew the agreement. Hennepin County plans to deliver the 2000 agreement earlier this year so that cities will have time to pass a resolution before the end of the year. • Member introduced the following resolution and moved its • adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH HENNEPIN COUNTY REGARDING USE OF THE COUNTY'S ELECTRONIC PROPRIETARY GEOGRAPHICAL DIGITIZED DATA BASE WHEREAS, the City desires to continue to have access to and use the County's Electronic Proprietary Geographical Digitized Data Base for automated mapping; and WHEREAS, Hennepin County has prepared a Conditional Use License Agreement detailing the terms of usage for the period commencing the date of execution of said agreement and terminating December 31, 1999. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the Mayor and City Manager are hereby authorized and directed to execute the Conditional Use Agreement with Hennepin County regarding use of the County's Electronic Proprietary • Geographical Digitized Data Base. 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. • Agreement No. HENNEPIN COUNTY CONDITIONAL USE LICENSE AGREEMENT THIS AGREEMENT, made by and between the COUNTY OF HENNEPIN, Taxpayer Services Department, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "County ", and the City of Brooklyn Center, hereinafter referred to as the "Entity ". For purposes of this Agreement, the address of the County is A703 Government Center, Minneapolis, Minnesota 55487 -0073 and the address of Entity is 6301 Shingle Creek Pkwy, Brooklyn Center, Minnesota 55430 -2199. WITNESSETH WHEREAS, the County has developed electronic forms of certain data bases and an electronic proprietary geographical digitized data base hereinafter referred to as "EPDB "; and CD WHEREAS, the Entity desires to use the County's EPDB in the course of conducting the • Entity's business; and WHEREAS, in acknowledgment of the Entity's above - stated purpose, the County is agreeable to provide to the Entity the EPDB, and WHEREAS, the parties agree that the execution of this Agreement is necessary in order to adequately protect said EPDB; and WHEREAS, the County exclusively owns the EDPB which is the subject of this Agreement and has the authority and legal right to grant Entity a license to have and use the EPDB as provided in this Agreement; and WHEREAS, the EPDB is trade secret or confidential information under the Minnesota Government Data Practices Act and is governed by Minnesota Statutes sections 375.86 and 13.03 as well as other applicable state and federal law. NOW THEREFORE, in consideration of the premises, as well as the obligations herein made and undertaken the arties hereto intending to be legally bound hereby agree as follows: P Y g g Y g • Form 1 (10 / 98) Section 1 SCOPE OF AGREEMENT 1.1 This License Agreement shall apply to the EPDB, which Hennepin County will provide to Entity, after a specific request has been made to County. Section 2 GRANT OF LIMITED LICENSE 2.1 The County hereby grants the Entity a non - exclusive, nontransferable and nonassignable limited use license to use the EPDB which includes self developed computer software under Minn. Stat. § 375.86. Said license shall commence on the date of approval of this Agreement by the County and shall extend throughout the term of the Agreement unless terminated sooner, in accordance with the provisions hereof. Section 3 ACKNOWLEDGMENT OF PROPRIETARY INFORMATION RESERVATION OF TITLE 3.1 The Entity acknowledges and agrees that the EPDB is the exclusive property of the County, including, but not limited to, any and all indexes, and includes commercially valuable information which reflect the efforts of skilled development experts and required the investment of considerable amounts of time and money, and that the County has treated the EPDB as trade secret and confidential information, which County entrusts to the Entity in confidence to use in the conduct of the Entity's business. The Entity further acknowledges and agrees the EPDB is a creative selection, coordination, arrangement and method of arrangement of data which is identified as being subject to copyright protection; is self - developed computer software under Minn. Stat. § 375.86 and is an entire or substantial and discrete portion of a pattern, compilation, method, technique, process, data base or system developed with significant expenditure of funds by County under Minn. Stat. § 13.03. The Entity agrees that the County owns and reserves all rights, protection and benefits afforded under federal copyright law in all EPDB furnished to the Entity as unpublished works, as well as all rights, protection and benefits afforded under any other law relating to confidential and/or trade secret information respecting said EPDB, and that the Entity will abide by all relevant laws, rules, regulations and decisions which afford protection to the County for its confidential and trade secret information and said copyright. This Agreement does not effect any transfer of title in or to any EPDB of the County. The Entity acknowledges that it is granted only a limited right of use of such EPDB, which right is not coupled with an interest, and the Entity shall not assert nor cause or cooperate with others to assert any right, title, or interest in any EPDB of the County. 2 Section 4 • PROTECTION OF PROPRIETARY INFORMATION 4.1 Obligations of Confidentiality, Limitations of Use. The Entity shall neither disclose, furnish, sell, resell, transfer, duplicate, reproduce nor disseminate, in whole or in part, the EPDB of the County and its unique design, arrangement or method of arrangement in its electronic form famished to the Entity to (1) any other person, firm, entity, organization, or subsidiary, except as expressly authorized hereunder; or (2) any employee of the Entity who does not need to obtain access thereto in connection with the Entity's exercise of its rights under this Agreement. The Entity may have and use the EPDB on a corporate -wide basis and shall have the rights to use the EPDB on a limited number of sites, provided the equipment on which the EPDB is maintained supports only equipment operated by the Entity and the EPDB is used only for the conduct of the Entity's own internal business by Entity employees. All employees having access to the EPDB shall be informed of the requirements contained in Section 4 herein. The Entity shall not otherwise copy or reproduce any EPDB of the County. Under no circumstances may the entity disclose or disseminate any EPDB to any other public or private entity. The obligations of the Entity to protect confidentiality which are established by this Agreement apply to the EPDB itself and not to any graphic representation or products produced by the Entity while using the EPDB. Any authorized consultants, contractors or agents of Entity must properly execute and file a separate EPDB Conditional Use License Agreement with Hennepin County. • The Entity expressly agrees to use the County's EPDB in the ordinary course of its P Y � tY as3' business and all such use shall bear a notice of copyright by Hennepin County. 4.2 Secure Handling. The Entity shall require that all EPDB be kept in a secure location at 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430 -2199 and maintained in a manner so as to reasonably preclude unauthorized persons from having access thereto. The Entity shall devote its reasonable efforts to ensure that all persons afforded access to EPDB protect same against unauthorized use, dissemination or disclosure. Entity agrees it will not knowingly or negligently allow its employees, agents or independent contractors to copy, sell, disclose or otherwise make the EPDB available to others. Entity agrees to immediately notify the County by telephone and in writing if Entity becomes aware of any unauthorized duplication, sale or other disclosure. Entity further agrees to prevent unauthorized disclosure by taking appropriate security measures including, but not limited to, providing physical security for copies of the EPDB and taking all steps Entity takes to protect information, data or other tangible and intangible property of its own that Entity regards as proprietary, confidential or nonpublic. Except for off -site backup, the Entity shall not remove or cause or allow to be removed from the Entity's place of business or the place of business of any EPDB or any copy thereof without the prior written consent of the County, which consent shall not be unreasonably withheld. • 4.3 Assistance of the Entity. At the request of the County and expense of the Entity, the Entity shall use good faith and reasonable efforts to assist the County in identifying any I use, copying, or disclosure of any EPDB by any current or former Entity personnel -- or • anyone else who may have come in possession of said EPDB while the same was in the Entity's possession — in any manner that is contrary to the provisions of this Agreement so long as the County shall have provided the Entity with information reasonably justifying the conclusion of the County that such contrary use may have occurred. 4.4 Survival of Confidentiality Obligations. The Entity's obligations respecting confidentiality of the EPDB shall survive termination of this Agreement for any reason and shall remain in effect for as long as the Entity continues to possess or control any EPDB furnished by the County. In addition, the County shall remain entitled to enforce its copyright and propriety interests in all EPDB. Section 5 TERM, TERMINATION 5.1 The Entity and the COUNTY agree that this Agreement is in effect during the period commencing January 1, 1999 and terminating December 31, 1999. This Agreement shall commence from the date hereof, unless sooner terminated by either party with cause upon three (3) calendar days' written notice to the other. The expiration or termination of this Agreement shall automatically and without further action by the County terminate and extinguish the license. In the event of any such expiration or termination, the County shall have the right to take immediate possession of said EPDB, and all copies thereof wherever located, and without demand or notice. Within five (5) days after expiration or termination of this Agreement, the Entity shall return the EPDB and all copies thereof to the County, or upon request by the County, the Entity shall destroy all of the same and all copies thereof and certify in writing to the County that the same has been destroyed. 5.1.1 It is agreed that any right or remedy provided for herein shall not be considered as the exclusive right or remedy but shall be considered to be in addition to any other right or remedy hereunder or allowed by law, equity or statute. 5.1.2 The County's failure to insist upon strict performance of any covenant, agreement or stipulation of the Agreement, or to exercise any right herein contained shall not be a waiver or relinquishment of such covenant, agreement, stipulation or right, unless the County stipulates thereto in writing. Any such written consent shall not constitute a waiver or relinquishment of such covenant, agreement, stipulation or right. • 4 Section 6 • INJUNCTIVE RELIEF 6.1 The Entity acknowledges and agrees that unauthorized disclosure or use of the EPDB or any part thereof could cause irreparable harm and significant injury to the County, which may be difficult to measure with certainty or to compensate through damages. Accordingly, the Entity agrees that the County may seek and obtain against the Entity and/or any other person or entity injunctive relief against the breach or threatened breach of the foregoing undertakings, in addition to any other equitable or legal remedies which may be available. Section 7 OTHER TERMS AND CONDITIONS 7.1 No Agency. The parties hereto are independent contractors, and nothing herein shall be construed to create an agency, joint venture, partnership or other form of business association between the parties hereto. 7.2 No Waiver. No delay or omission by either party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a • waiver thereof unless the same is consented to in writing. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be observed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained. All remedies provided for in this Agreement shall be cumulative and in addition to, and not in lieu of, any other remedies available to either party at law, in equity, or otherwise. 7.3 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 7.4 Entire Agreement. This License Agreement constitutes the entire Agreement between the parties, and there are no understandings or agreements relative hereto other than those that are expressed herein. No change, waiver, or discharge hereof shall be valid unless in writing and executed by the party against whom such change, waiver, or discharge is sought to be enforced. 7.5. No Assignment. Neither party shall assign, sublet or transfer this Agreement, either in whole or in part, without the prior written consent of the other party, and any attempt to do so shall be void and of no force and effect. 7.6 THE ENTITY AGREES THAT THE COUNTY IS FURNISHING THE EPDB ON AN "AS IS" BASIS, WITHOUT ANY SUPPORT WHATSOEVER, AND WITHOUT REPRESENTATION OR ANY EXPRESS OR IMPLIED 5 WARRANTIES, INCLUDING BUT NOT IN ANY MANNER LIMITED TO, FITNESS FOR PARTICULAR PURPOSE, MERCHANTABILITY OR THE ACCURACY AND COMPLETENESS OF THE EPDB. THE COUNTY'S SOLE LIABILITY AND THE ENTITY'S EXCLUSIVE REMEDY FOR ANY SUBSTANTIAL DEFECT WHICH IMPAIRS THE USE OF THE EPDB FOR THE PURPOSE STATED HEREIN SHALL BE THE RIGHT TO TERMINATE THIS AGREEMENT. THE COUNTY DOES NOT WARRANT THAT THE EPDB ARE ERROR FREE. THE EPDB WERE DEVELOPED FOR THE COUNTY'S OWN INTERNAL BUSINESS PURPOSES AND THE COUNTY DOES NOT REPRESENT THAT THE EPDB CAN BE USED FOR NAVIGATIONAL, TRACKING OR ANY OTHER PURPOSE REQUIRING EXACTING MEASUREMENT OF DISTANCE OR DIRECTION OR PRECISION IN THE DEPICTION OF GEOGRAPHIC FEATURES. THE COUNTY DISCLAIMS ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, RESPECTING THIS LICENSE AGREEMENT OR THE EPDB. 7.7 In no event shall the County be liable for actual, direct, indirect, special, incidental, • consequential damages (even if the County has been advised of the possibility of such damage) or lost of profit, loss of business or any other financial loss or any other damage arising out of performance or failure of performance of this Agreement by the County. The County and the Entity agree each will be responsible for their own acts and omissions under this Agreement and the results thereof to the extent authorized by law and shall not be responsible for the acts or omissions of the other party under the Agreement and the results thereof. The parties' respective liabilities shall be governed by the provisions of the Municipal Tort Claims Act, Minnesota Statutes Chapter 466, and other applicable law. This paragraph shall not be construed to bar legal remedies one parry may have for the other parry's failure to fulfill its obligations under this Agreement. 7.8 Notice. Any notice or demand shall be in writing and shall be sent registered or certified mail to the other party address as follows: To the Entity: City of Brooklyn Center 6301 Shingle Creek Pkwy. Brooklyn Center, MN 55430 -2199 • 6 To Hennepin County: • Hennepin County Administrator A -2300 Government Center (233) Minneapolis, MN 55487 -0233 Copy to: Robert L. Hanson Hennepin County Chief Information Officer A -1900 Government Center (190) Minneapolis, MN 55487 -0190 Copy to: Patrick H. O'Connor Director, Taxpayer Services Department A -600 Government Center (060) Minneapolis, MN 55487 -0060 7.9 Whereas Clauses. The matters set forth in the "Whereas" clauses on page one of this Agreement are incorporated into and made a part hereof by this reference. 7.10 Survival of Provisions. It is expressly understood and agreed that the obligations and warranties of the Entity under Sections 3, 4, 5, 6, 7.6, and 7.7 hereof and the obligations and warranties of the Entity and the County which by their sense and context are intended to survive the performance thereof by the Entity and the County, shall so survive the • completion of performance and termination or cancellation of this Agreement. 7.11 Authority. The person or persons executing this License Agreement on behalf of Entity represent that they are duly authorized to execute this License Agreement on behalf of Entity and represent and warrant that this License Agreement is a legal, valid and binding obligation and is enforceable in accordance with its terms. • 7 COUNTY ADMINISTRATOR APPROVAL • ENTITY, having signed this agreement, and the County having duly approved this agreement on the day of 7 19 and pursuant to such approval, the proper County officials having signed this contract, the parties hereto agree to be bound by the provisions herein set forth. Approved as to form COUNTY OF HENNEPIN and execution STATE OF MINNESOTA By: Assistant County Attorney Assistant/Deputy /County Administrator Date: CITY OF BROOKLYN CENTER By: Mayor • And: City Clerk / City Manager • Form 1 (10 / 98) 8 City Council Agenda Item No. 6k MEMORANDUM • DATE: Janu ary 19 1999 TO: Michael J. McCauley, City Manager FROM: Scott Brink, City Engineer 50 SUBJECT: Resolution Accepting Work Performed and Authorizing Final Payment, Improvement Project No. 1995 -05, Contract 1995 -C, 69th Avenue Bridge Replacement, Roadway and Watermain This project essentially involved the reconstruction of 69th Avenue North from Shingle Creek Parkway to Dupont Avenue North. The project also included replacement of the bridge over Shingle Creek, and the installation of a large trunk water distribution main. The project has been substantially completed since late 1996 /early 1997. Completion of various miscellaneous punch work items have delayed a formal final completion of the project. The Contractor has now completed all contract obligations, and the project is ready to be processed for final payment. • On February 24, 1997, the City Council approved Change Order No. 1 which revised the contract total to $1,868,082.70. Final quantities have been tabulated and the final amount due to the contractor (Thomas and Sons) is $1,853,018.21. A resolution approving accepting the work performed, and authorizing final payment is attached. • Member introduced the following resolution and moved its • adoption: RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1995 -05, CONTRACT 1996 -C, 69TH AVENUE BRIDGE REPLACEMENT, ROADWAY AND WATERMAIN WHEREAS, pursuant to written contract signed with the City of Brooklyn Center, Minnesota, Thomas & Sons Construction, Inc. has completed the following improvement in accordance with said contract: Improvement Project No. 1995 -05, Contract 1996 -C, 69th Avenue Bridge Replacement, Roadway and Watermain NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 2. It is hereby directed that final payment be made on said contract, taking the Contractor's receipt in full. The total amount to be paid for said improvement under said contract shall be $90,200. • 3. The work completed under said contract is accepted and approved according to the following schedule: As Awarded per COST Low Bid As Finaled Contract $1,826,893.81 $1,811,829.32 Contingency (10 %) $ 182,689.38 Change Order No. 1 $ 41.188.89 Subtotal $2,009,583.19 $1,853,018.21 Engineering(Consultant) $ 225,000.00 $ 312,409.87 Engineering(Staff) $ 40,191.66 $ 31, 803.96 Landscaping $ 57,221.14 Right of Way $ 16,570.00 Street Lights /Power UG $ 270,000.00 $ 260,825.00 Admin. /Legal $ 20.000.00 $ 88.373.00 Total Estimated Project Cost $2,564,774.85 $2,620,221.18 • RESOLUTION NO. • REVENUES MSA Regular $1,246,774.00 $1,388,711.92 MSA Bridge Bonds $ 251,686.00 $ 167,986.00 MSA Local $ 203,762.85 $ 218,183.80 Street Assessments $ 154.000.00 $ 137,713.00 Sanitary Sewer Utility $ 10,984.00 $ 12,976.05 Water Utility Fund $ 609,468.00 $ 686,186.59 Storm Drainage Assessment $ 88,100.00 $ 81,988.00 Storm Drain Utility ($ 73.524.18) Total Estimated Revenue $2,564,774.85 $2,620,221.18 Date Mayor ATTEST: • City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. r • City Council Agenda Item No. 61 Office of the City Manager 031 City of Brooklyn Center A great place to start. A great place to stay. Michael I McCauley City Manager MEMORANDUM TO: Mayor Kragness, Councilmembers Hilstrom, Las , Nelson, and Peppe FROM: Michael J. McCauley, City Manager DATE: January 21, 1999 SUBJECT: Set Time and Date of Facilitated Council Retreat for Thursday, February 25, 1999, at 1:30 p.m. at Earle Brown Heritage Center in the Loft I would ask that the Council set the date for the facilitated Council retreat for Thursday, February 25, 1999, at 1:30 p.m. at Earle Brown Heritage Center in the loft. Mr. Neu will serve as the facilitator. 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer City Council Agenda Item No. 7a MEMORANDUM TO: Michael J. McCauley, City Manager Y Y g FROM: Charlie Hansen, Finance Director C H DATE: January 9 1999 rY , SUBJECT: Recommendation of the Financial Commission Regarding the Policy and Procedure on Requests for Proposals for Financial Professional Services The Policy and Procedure on Requests for Proposals for Financial Professional Services requires the Finance Department to conduct requests for proposals (RFP) on a preset schedule for the professional services it uses. Since the time the Financial Commission met on November 5, 1998 and recommended a change to the policy, a new development has occurred which requires a further adjustment. Berkley Risk Services, who was selected in 1997 to be the City's risk management consultant ha • s decided to withdraw from providing that service. This requires that an RFP be done for this service ahead of the schedule. To accommodate this need, I am recommending a further alteration to the Financial Commission's recommendation. This is to do risk management consultant in 1999, delay insurance agent to 2000, and then not do risk management consultant again until 2006. This is depicted in the schedule titled Alternative #3. A set of specifications for the request for proposals for risk management consultant was approved by the Financial Commission and the City Council in 1997. The only change needed to these is to update the schedule of events to show dates in 1999. This wouldn't necessarily require review by the Financial Commission and the City Council. The Financial Commission met on November 5, 1998 and reviewed this policy and its attached schedule. The Financial Commission has a recommendation to amend the schedule for conducting RFPs for financial professional services. The following excerpt from the minutes of the November 5, 1998 meeting contain the recommendation. Policy and Procedl on Requests for Proposals for Financial Professional Services. Charlie Hansen reviewed the policy which was adopted in 1996 to establish an orderly process for selecting firms to provide these services. A key issue in 1996 was the need to do RFPs for several services where an RFP hadn't been done for ten to twenty years. The schedule was established for two services to be reviewed each year to work through this backlog. Doing two RFPs per year exerts a heavy burden on Finance Department resources. We have progressed to the point where no service has gone more than eight years since an RFP and most have been less than five. The proposal is to change the schedule so that only one RFP is done each year and the year 2000 shall be skipped. Auditor is the RFP currently scheduled for 2000. Audit firms are likely to be extra busy in 1999 and 2000 dealing with their client's year 2000 problems and therefore less interested in responding to an RFP. City staff may also be busy with unforseen year 2000 problems. A motion was made by Commissioner Tim Elftmann to recommend the Schedule of Requests for Proposals Alternative #2 to the City Council. Commissioner Gavin Wilkinson seconded the motion. In discussion, it was suggested that the Financial Advisor be moved from 2005 to 2004 and the Custodian for Investments be moved from 2004 to • 2005. A motion was made by Commissioner Gavin Wilkinson to recommend the amended Schedule of Requests for Proposals Alternative #2 to the City Council. Commissioner Jay Hruska seconded the motion and all members voted in its favor. • • • CITY OF BROOKLYN CENTER SCHEDULE OF REQUESTS FOR PROPOSALS Alternative #2 NORMAL INTERVAL BETWEEN LAST PROFESSIONAL SERVICE R.F.P.s R.F.P. 1999 2000 2001 2002 2003 2004 2005 Financial Advisor for bond sales 6 years 1998 Fin Advis Banking Services 6 years 1996 Bank Insurance Agent 6 years 1990 Ins Agent Risk Management Consultant 6 years 1997 Risk Mgmt Custodian for investment securities 6 years 1998 Custodian Auditor 6 years 1994 Auditor SCHEDULEALS alternative2 1/19/99 CITY OF BROOKLYN CENTER SCHEDULE OF REQUESTS FOR PROPOSALS Alternative #3 NORMAL INTERVAL BETWEEN LAST PROFESSIONAL SERVICE R.F.P.s R.F.P. 1999 2000 2001 2002 2003 2004 2005 Financial Advisor for bond sales 6 years 1998 Fin Advis Banking Services 6 years 1996 Bank Insurance Agent 6 years 1990 Ins Agent Risk Management Consultant 6 years 1997 Risk Mgmt Custodian for investment securities 6 years 1998 Custodian Auditor 6 years 1994 Auditor SCUGDULG.XLS alternative3 1/19/99 Member introduced the following resolution and moved its . adoption: RESOLUTION NO. RESOLUTION AMENDING THE POLICY AND PROCEDURE ON REOUEST FOR PROPOSALS FOR FINANCIAL P ROFESSIONAL SERVICES WHEREAS, the City Council established the Policy and Procedure on Requests for Proposals for Financial Professional Services on May 28, 1996; and WHEREAS, one of the initial objectives of reviewing services which had been in place for many years has been accomplished; and WHEREAS, the Financial Commission is recommending that the schedule for conducting further requests for proposals be amended so that there will normally only be one conducted each year; and WHEREAS, the withdrawal of the City's current risk management consultant requires that the schedule for conducting requests for proposals be amended so that the risk management consultant be done in 1999 and the insurance agent be delayed to 2000. . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to amend the Policy and Procedure on Requests for Proposals for Financial Professional Services by adopting the "Alternative #3" Schedule of Requests for Proposals. 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. POLICY AND PROCEDURE ON • REQUESTS FOR PROPOSALS FOR FINANCIAL PROFESSIONAL SERVICES I. NEED FOR POLICY: The City needs a policy and procedure to provide for the orderly conduct of requesting proposals for professional services for handling financial affairs, to ensure that all services will be periodically reviewed, and that the proper balance will be maintained between cost and quality of services. II. POLICY: 1. All professional services in the area of city finances will be periodically let out for request for proposals according to an established schedule. 2. Service levels will be monitored by the City Council and Staff and if unsatisfactory service is received, that contract will be re- advertised prior to the year set in the schedule. 3. Quality of service will be the primary factor in awarding a contract for professional service, but cost will also be a determinant. III. PROCEDURE: 1. A schedule shall be established for the conduct of R.F.P.s. The schedule should be adhered to unless there is a performance problem or other justification for an earlier R.F.P. Going to the market too frequently with R.F.P.s expends staff time, requires extensive orientation of new professionals, and discourages quality firms from submitting proposals at their most attractive price since they will expect to only have the contract for a short time. 2. Specifications tailored to the professional service to be advertised will be prepared by staff, reviewed by the Financial Commission, and approved by the City Council. 3. A review committee made up of the City Manager and Finance Director shall review proposals for Banking Services, Insurance Agent, Risk Management Consultant, and Custodian for investment securities. Proposals for Auditor and Financial Advisor shall be initially screened by staff, and then reviewed by a committee of City Council members and Financial Commission members appointed by the Mayor in consultation with the Chair of the Financial Commission, with the approval of the City Council, which committee shall also include the City Manager and Finance Director. 4. The specifications will emphasize the abilities, qualifications, and experience of the applicant firms to provide high quality service to the City. Price will be considered after one or more applicants have been identified as providing the desired quality of service. When appropriate, the specification shall require prices to be submitted in a separate, sealed envelope to be opened after applicants have been ranked according to quality. 5. The City Manager shall make a recommendation to the City Council of a provider to be appointed to a multi -year engagement. It shall be written in the engagement that the appointment may be terminated earlier. This policy was adopted by the City Council on May 28, 1996. • City Council Agenda Item No. 7b MEMORANDUM • TO: Michael J. McCauley, City Manager FROM: Charlie Hansen, Finance Director C H DATE: January 8, 1999 SUBJECT: Recommendation of the Financial Commission for a Change in the Adequate Fund Balance Formula The City's Financial Management Policies contain an Adequate General Fund Balance Formula. Its purpose is to analyze the need for working capital and emergency reserves and objectively set a level for the fund balance. The City's Adequate General Fund Balance Policy Formula was originally adopted in 1980 and was revised and updated in 1990, 1992, 1995, and 1998. The Financial Commission met on January 7, 1999 to consider a proposal to amend the Financial Management Policies to include a revised Adequate General Fund Balance Formula. The Financial Commission made a recommendation to amend the formula to . factor out a distortion to the fund balance caused by a new financial reporting requirement. The following excerpts from the minutes of the January 7, 1999 meeting record the Financial Commission's recommendation to the City Council. Review of Adequate General Fund Balance Pol icy Formula. Charlie Hansen reviewed the purpose of the formula and explained that a new financial reporting standard will distort the fund balance. This new standard requires the city to report as income or expense the unrealized gains or losses on its investment portfolio. These gains or losses occur because of changes in interest rates. When securities are purchased, they carry an interest rate which reflects the market for interest rates that day. As time passes, the market interest rate for securities with the same maturity and characteristics either rises or falls. The resale value of the securities in the city's portfolio changes according to the relationship between the interest rate they are paying compared to the current market interest rate. This change in the resale value of the securities is called an unrealized gain or loss as long as the city continues to hold the security. The city has a policy of holding securities to maturity. As long as that is done, there is no real gain or loss. The security pays the interest rate stated on the day it was purchased and • the full principal is returned at maturity. Reporting the unrealized gains or losses changes the fund balance in ways that don't reflect spendable resources. The purpose of the adequate fund balance policy is to determine the • level of fund balance that is needed in the General Fund and any excess amounts which are available to be transferred for other use by the City Council. The proposed change in the formula either subtracts out unrealized gains or adds back unrealized losses so that the fund balance reflects spendable resources. Mike McCauley stated that the change is intended to keep the formula functioning the same way it has in the past in spite of the change in financial reporting requirements. Commissioner Gavin Wilkinson moved to recommend to the City Council the proposed change in the Adequate General Fund Balance Policy Formula. Commissioner Jay Hruska seconded the motion and all members voted in its favor. CITY OF BROOKLYN CENTER • ADEQUATE GENERAL FUND BALANCE POLICY FORMULA AS ESTABLISHED BY THE CITY COUNCIL ON DECEM13ER 22, 1980 (LAST AMENDED BY RESOLUTION 98 -48 ON MARCH 23, 1998) Latest Audited Total Fund Balance at December 31, 1997 $601,780 Minimum Required Fund Balance Elements: 1. Items Not Readily Convertible to Cash: a. Accounts Receivable 51,154 b- Advances. to Other Funds 105 -------- - - - - -- $156,228 2. Amount Appropriated to the General Fund Current Year Budget: 1998 $2,712 3. Amounts to be Reserved for Working Capital and Variances from Revenue Estimates: (45% of Total General Fund Current Year Budget, less debt service) 45% of: $12,145 = $5,465,401 -------- - - - - -- Minimum Required Fund Balance $5,624,341 Amount in Excess of Minimum Required Fund Balance $977,439 Amount Available per Formula for Other Use in Current Year $488,719 ADQFDBAL.XLS 1997 1/8/99 1:08 PM CITY OF BROOKLYN CENTER • ADEQUATE GENERAL FUND BALANCE POLICY FORMULA AS ESTABLISHED BY THE CITY COUNCIL ON DECEMBER 22, 1980 Revised to reverse the effect of reporting for unrealized gains or losses on investments Latest Audited Total Fund Balance at December 31, 1997 $6,721,780 Unrealized Gains or Losses (subtract gains or add back losses) (120,000) Adjusted Total Fund Balance at December 31, 1997 $6,601,780 Minimum Required Fund Balance Elements: 1. Items Not Readily Convertible to Cash: a. Accounts Receivable 51,154 b. Advances to Other Funds 105,074 -------- - - - - -- $156,228 2. Amount Appropriated to the General Fund Current Year Budget: 1998 $2,712 3. Amounts to be Reserved for Working Capital and Variances from Revenue Estimates: (45% of Total General Fund Current Year Budget, less debt service) 45% of. $12,145 = $5 -------- - - - - -- Minimum Required Fund Balance $5,624,341 Amount in Excess of Minimum Required Fund Balance $977,439 • Amount Available per Formula for Other Use in Current Year $488,719 ADQFDSAL.XLS 1997 (2) 1/8/99 1:08 PM Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE ADEQUATE GENERAL FUND BALANCE FORMUI IN TH FINANCIAL MA NAGEMENT POLICIES WHEREAS, the City Council established an Adequate General Fund Balance Formula on December 22, 1980 and incorporated it into the Financial Management Policies on June 8, 1992; and WHEREAS, it has been necessary to adapt to changing conditions over the years by amending the Formula in 1990, 1992, 1995, and 1998; and WHEREAS, the Financial Commission is recommending that the Adequate General Fund Balance Formula again be amended to compensate for a new financial reporting format; and WHEREAS, this amendment is needed so that the fund balance used in the formula will reflect spendable resources. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of • Brooklyn Center to amend the Adequate General Fund Balance Formula to adjust the latest fund balance to subtract out unrealized gains or add back unrealized losses on investments. 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. 7c Office of the City Clerk City of Brooklyn Center A great place to start. A great place to stay. • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk DATE: January 21, 1999 SUBJECT: An Ordinance Amending Chapter 23 of the City Ordinances Relating to Payment by Pawnbrokers and Secondhand Goods Dealers for Items Pledged and Location of Pawnbrokers At the last City Council meeting of January 11, 1999, the Council tabled An Ordinance Amending Chapter 23 of the City Ordinances Relating to Payment by Pawnbrokers and Secondhand Goods Dealers for Items Pledged and Location of Pawnbrokers. Further information was requested regarding check cashing operations. City Attorney Charlie LeFevere has provided a response to this request. Detective Steve Karns has also provided a memorandum regarding police procedures related to pawn shops. This ordinance amendment was tabled at the December 14, 1998, City Council meeting at the request of City Attorney Charlie LeFevere. Mr. LeFevere indicated that an additional section of the ordinance would need to be amended to prohibit the location of a pawnshop within 300 feet of a hospital, on -sale liquor establishment, halfway house, theater, or residence. Mr. LeFevere provided an additional amendment to the ordinance addressing the location issue. Other materials attached are correspondence received from City Attorney Charlie LeFevere regarding Sections 23 -627 and 23 -674 of the City Ordinances. A memorandum from Planning and Zoning Specialist Ron Warren, on behalf of the Planning Commission, regarding distance separations between pawnbrokers and other uses is also included. Attachments 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 8th day f February, at 7 Y Y> > 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 23 of the City Ordinances Relating to Payment by Pawnbrokers and Secondhand Goods Dealers for Items Pledged and Location of Pawnbrokers. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY ORDINANCES RELATING TO PAYMENT BY PAWNBROKERS AND SECONDHAND GOODS DEALERS FOR ITEMS PLEDGED AND LOCATION OF PAWNBROKERS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Brooklyn Center City Code Section 23 -627 is repealed as follows: Seetio ' 627. PAYMENTS BY G1 !BGK- When a paw biv`kzr makc3 paymetit a_ is l(;rlgca or rcccivcd a�3c, ply;,:, c � , made payable to icd paycc, vvh3 i3 ac the intended seller. Section 2. Brooklyn Center City Code Section 23 -674 is repealed as follows: _ �-,� n 1 1 11rF1TIS BY fttakes - pa `mZnt in 43; fn it3ii7 3r kt f& teee.i "ved i m a sing plf«�, 3 f bu &A , :33 paymen inustbeinad payftble to the named ay c, w113 1 Section 3. Brooklyn Center City Code Section 23 -606 is amended as follows: Section 23 -606. SITE PLAN. Subdivision 1. The application for a pawnbroker license must be accompanied by a site plan drawn to scale. The site plan must contain: a. A legal description of the property upon which the proposed license premises is situated. b. A survey. ORDINANCE NO. • c. The exact location of the license premise on the property, customer and employee parking areas, access onto the property, and entrances into the premises. d. The location of any church, school, day -care center, hospital, on -sale liauor establishment. halfway house. check cashing operation. theater. or residence within 300 feet of any portion of the premises occupied by the applicant. e. A floor plan of the license premises. Section 4. Brooklyn Center City Code Section 23 -610 is amended as follows: Section 23 -610. PLACES INELIGIBLE FOR LICENSES. A license will not be issued or renewed under this section for any place or for any business: a. If taxes, assessments or other financial claims of the City or the State of Minnesota on the licensee's business premise are delinquent and unpaid; b. If the premise is located within 300 feet of a school, day -care center, er • church. hospital. on -sale liauor establishment. halfway house. check cashing operatio theater. or residence: c. Where operation of a licensed premise would violate zoning ordinances; d. Where the applicant's present license was issued conditioned upon the applicant making specified improvements to the licensed premise or the property of the licensed premise which improvements have not been completed or; e. Established as a pawnshop after April 2, 1996, which is within ten (10) driving miles of any gambling casino. ORDINANCE NO. Section 5. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of 1999. Mayor ATTEST: City Clerk Date of Publication Effective Date (Strikeout indicates matter to be deleted, underline indicates new matter.) i � CFlyr BROOKLYN CENTER POLICE DEPARTMENT POLICE MEMORANDUM TO: City Manager Michael McCauley FROM: Chief Joel Downer DATE: January 20, 1999 SUBJECT: Pawnshop Transactions I spoke with Detective Steve Karris regarding Brooklyn Center City Ordinance 23 -629 which requires pawnshops to make payment by check. Detective Karris informed me that most cities do not have this requirement. He stated that the only store in the Minneapolis /St. Paul metropolitan area that requires that a check be issued in a pawn transaction is the store in the city of Hopkins. The Hopkins store reportedly makes a practice of issuing a check and then immediately cashing it for the customer. This transaction creates a large volume of extra paperwork for the pawnshop and serves little or no purpose in regulating pawnshop activities. The pawnshop is already required to obtain a state issued picture identification card in order to conduct a transaction. The majority of pawnshops make payment in cash and those required to make payment by check immediately cash the customers check and return cash. Detective Karris sees no benefit in requiring Cash n Pawn to issue checks. The police department has no objection to removing this language from the ordinance since a state issued picture identification card or driver's license is required in order to conduct a transaction and the pawn shop is required to photograph or film the person making the transaction JD:kh pavvnl.mem 470 Pillsbury Center 200 South Sixth Street Minneapolis MN 55402 (612) 337 -9300 telephone • (612) 337 -9310 fax C H A R T E R E D e-mail: attys @kennedy- graven.com CHARLES L. LEFEVERE Attorney at Law Direct Dial (612) 337 -9215 email: clefevereC.kennedy- graven.com January 13, 1999 Mr. Michael McCauley City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center MN 55430 RE: Check Cashing Operations • Dear Mike: At the last City Council meeting, we were requested to report to the Council whether a pawnshop cashing its own check would be in violation of regulations relating to check cashing operations. Check cashing operations (referred to as "currency exchanges" under the statutes) are licensed by the State of Minnesota. Businesses which need licenses are those which cash checks for a fee. No license is required if no fee is collected. In certain cases, a license is not required even if a fee is collected. These cases include, for example, banks and businesses which cash checks as an incidental part of their businesses and charge only a very small fee. See Minnesota Statutes, Section 53A.01. Very truly yours, Charles L. LeFevere CLL:lh CLL- 156453 BR291 -4 470 Pillsbury Center 200 South Sixth Street Minneapolis MN 55402 (612) 337 -9300 telephone • (612) 337 -9310 fax • c H A R T E R E D e -mail: atrys @kennedy- graven.com CHARLES L. LEFEVERE Attorney at Law Direct Dial (612) 337 -9215 email: clefevere@kennedy-graven.com December 29, 1998 Ms. Sharon Knutson City Clerk City of Brooklyn Center 6301 Shingle Creek Parkway Brookiyn Center MN 55430 RE: Pawnshop Ordinance Dear Sharon: Attached is a revised draft to the amendment of the pawnshop ordinance. The current pawnshop ordinance prohibits issuance of a license if the licensed premises is located within 300 feet of a school, day care center, or church. It also requires that an application for a pawnshop license contain information about the location of any school, day care center, church, hospital, or • residence within 300 feet of the premises. Although the application is required to contain information about hospitals or residences within 300 feet of the premises, there is no prohibition against locating a pawnshop within 300 feet of hospitals or residences. Although it may be that the Council intended to require information about nearby residences without creating an absolute prohibition against locating a pawnshop within 300 feet of such residences, I assume that this was an oversight rather than intentional. I understand that the planning commission has recommended that additional uses be added to the list of uses from which pawnshops must maintain a 300 foot separation. These are: on -sale liquor establishments, halfway houses, and theaters. The attached ordinance amendment adds these three additional uses to the list of uses about which an applicant must provide information in its application for a license. It also adds these three new uses as well as hospitals and residences to the list of uses from which pawnshops must maintain at least a 300 foot separation. Very truly yours, Charles L. LeFevere CLL:lh Enclosure 470 Pillsbury Center 200 South Sixth Street Minneapolis MN 55402 (612) 337 -9300 telephone (612) 337 -9310 fax C H A R T E R E D e-mail: attys@kennedy- graven.com CHARLES L. LEFEVERE Attomey at Law (612) 337 -9215 November 20, 1998 clePevere @kennedy - graven.com Mr. Michael McCauley City Manager City of Brooklyn Center 6301 Shingle Creek Ptov y Brooklyn Center MN 55430 RE: Pawn Shop Ordinance Dear Mike: I received a call from Mr. Alan Cross of Cash and Pawn who informed me that City Code Section 23 -627 which requires that the pawn shop pay by check is an unnecessary burden because the pawn shop simply issues the check and then immediately cashes it for the person pawning the goods. I confirmed this with the Detective Karris who said that, in his opinion, this provision of the ordinance served no useful purpose. Although I did not discuss it with Detective Karris, I assume that the same would be true of Section 23 -674 which requires that payment for secondhand goods being purchased by a secondhand goods dealer for more than $100 must also be paid by check. I assume that the idea behind the ordinance was that a thief would be somewhat less likely to fence stolen goods when receiving payment by check because it might be necessary to provide identification twice to do so (once when pawning or selling goods and once when the check was cashed)_ However, this pumpose is obviously not served if the party issuing the check immediately cashes it. Therefore, I have attached a proposed ordinance which could be used to repeal these two code sections if you wish to do so. If there are other changes to the ordinance which are currently being considered, you could also wait until later to make several changes at the same time. In either case, the police department could be instructed not to enforce these requirements pending review by the City Council. Vey truly yours, Charles L. LeFevere CLL:Ih Enclosure cc: Chief Joel Downer (w /encl) Sharon Knutson (w /encl) CLL- 153595 BR291 -4 MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Ronald A. Warren, Planning and Zoning Specialist ! L� SUBJECT: Distance Separations Between Pawn Shops and Other Uses DATE: October 13, 1998 Some time ago, the City Council requested the Planning Commission to review and make recommendations as to the advisability of creating distance separations between pawn shops and other uses. Under the current proposed ordinance regulating pawnbrokers and secondhand goods dealers there is a provision requiring a minimum 300 ft. separation between a school, daycare center or church and a pawnbroker's operation. • The Planning Commission reviewed this matter at their September 24, 1998, study session and their review of the matter can be found on pages 2 and 3 of their minutes from that meeting. Generally, the Commission believed separation requirements from pawn shops were not zoning related issued in that these uses exhibit the same zoning characteristics as other retail uses. The Commission further believed, however, that the distance separations established in the licensing regulations were appropriate and suggested that the City Council might wish to also consider such separations for liquor establishments, half -way houses and theaters as part of the licensing ordinance. Mr. Warren reviewed and discussed with the Commissioners the recommended changes to: • Section 35 -314 - R5 Multiple Family Residence District adds a Special Uses subsection to allow public and private elementary and secondary schools under certain conditions; Section 35 -320 - C1 Service /Office District. adds clarifying religious use language in subsection Le, and adds paragraph 3.d. to allow educational uses excluding public and private elementary and secondary schools; and Section 35 -222 - C2 Commerce District, adds cross - reference language and adds language clarifying educational uses. Mr. Warren noted a minor deletion to the added cross - reference proposed. During discussion, inclusion of "K -12" to further clarify "educational" was recommended and agreed upon. An added phrase, "but not limited to" was proposed and agreed upon to the "religious uses" clarifying language. The Commissioners reiterated its view that it is improper to regulate development of tax exempt operations through zoning. After considering the appropriateness of mixing educational and religious uses in commercial industrial areas, it was agreed that the building permit process provides safeguards and standards for suitability of such combinations. Mindful of avoiding impediments to expansion, the commissioners discussed options under which a church (religious use) could add a school (educational use) to its operations. ACTION TO REC OMMEND ADOPTION OF ORDINANCE T O AMEND CHAPTER 35 OF THE CITY ORDINANC REGARDING CHURCH AND EDUCATIONAL USES There was a motion by Commissioner Nelson, seconded by Commissioner Erdmann, to recommend to the Council that it adopt "An ordinance amending Chapter 35 of the City Ordinances regarding church and educational uses" as amended by the Commissioners. (A copy of the ordinance agreed upon by the Commissioners is made a part of these minutes by attachment.) Voting in favor: Chair Willson, Commissioners Erdmann, Nelson, Rahn, and Reem. The motion passed unanimously. The Council will consider the recommendation at its Monday, September 28, 1998 meeting. DISTANCE SEPARA BETWEEN PAWN SHOPS AND OTHER USES Chair Willson introduced discussion item b: "distance separations between pawn shops and other uses." and called on Mr. Warren for his comments. Mr. Warren reviewed the status of the Council's current development of pawn shop /second hand goods licensing regulations. The Commission is requested to consider whether such operations should be separated by a certain distance from other uses based on zoning requirements. During discussion, the Commissions concluded and agreed that distance separation in this instance does not fall within zoning requirements, but rather is a licensing issue. It was noted that ordinances g q g are not designed to regulate people (i.e. customers) who may wish to use a facility and cautioned against the appearance of providing "exclusionary" operations. 9 -24 -98 2 The Commissioners declined to recommend any zoning changes to accommodate distance separation in this instance, supported the 300' distance separation of pawn shops from schools and day care operations as a licensing requirement, and suggested the Council may also wish to consider such separation from off -sale liquor establishments, half -way houses, and theaters. There was a motion by Commissioner Reem, seconded by Commissioner Erdmann, to directed Mr. Warren to convey the Commissions' conclusions regarding this matter to the City Council. The motion passed unanimously. FUTURE MEETING DATES The next meeting of the Planning Commission is scheduled for Thursday, October 15, 1998. Mr. Warren briefly reviewed the agenda items for that meeting. A joint meeting with the City Council is scheduled for Thursday, December 17, 1998. ADJOURNMENT There was a motion by Commissioner Rahn, seconded by Commissioner Nelson, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 9:15 p.m. Chair Recorded and transcribed by: Arlene Bergfalk TimeSaver Off Site Secretarial, Inc. 9 -24 -98 City Council Agenda Item No. 7d 1 City o f Brooklyn Center Office of the City Manager 3[ y A great place to start. A great place to stay. Michael J. McCauley City Manager MEMORANDUM TO: Mayor Kragness, Councilmembers Hilstrom, Las n, Nelson, and Peppe FROM: Michael J. McCauley, City Manager - DATE: January 21, 1999 SUBJECT: Reliever Airport Coalition Attached please find materials that were received from the Kennedy & Graven law firm soliciting participation in a reliever airport coalition. In reviewing the proposed coalition and issues raised by it, I cannot justify recommending the expenditure of staff time or the $7,000 in requested financial participation in this matter. Airport issues are relatively minor, especially in comparison to major projects that are being . undertaken in the city of Brooklyn Center at this time. I have also discussed this proposal with Curt Boganey, City Manager in Brooklyn Park. Mr. Boganey is similarly recommending to the Brooklyn Park City Council that Brooklyn Park not participate in the reliever airport coalition. Attachments 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer KENNEDY & GRAVEN CHARTERED 470 Pip:ibury Center, Minneapolis, MN 55402 (612) 337 -9300 Fax # (612) 337 -9310 Date: January 11, 1999 Our File No.: MU210 -6 From: Robert C. Long Direct Dial #: (612) 337 -9300 Comments: Please Deliver to the Applicable Recipient Below. Thant. you. To: Chris Eager To: James Keinath Firm: City of Eden Praire Firm: City of Circle Pines Fax #: 949 -8390 Fax #: 785 -2859 To: Jerry Dulgar To: Mary Kueffner Firm: City of Crystal Firm: City of Lake Elmo . Fax #: 531 -1188 Fax #: 777 -9615 To: Roger Fraser To: Curt Bogeny! Marie Darling Firm: City of Blaine Firm: City Brooklyn Park Fax #: 785 -6156 Fax # : 493 -8140 To: Alex Wikstromm To: Dan Donahue Firm. City f Lexington w e y Le g Firm: City of New Hope P Fax #: 785 -8951 Fax #: 531 -5136 To: Jim Prosser To: Mark Bernhardson Firm: City of Richfield Firm: City of Bloomington Fax #: 861 -9749 Fax #: 948 -8754 To: Mary Vierling / John McPherson To: Chuck Whiting / Cari Schmidt Firm: West Lakeland Township Firm: City of Mounds View • Fax # : (651) 730 -9076 Fax #: 784 -3462 To: Michael McCauley To: Mary Helen Mische Firm: City of Brooklyn Center Firm: City of Saint Paul Fax # : 569 -3494 Fax #: 266 -8513 To: Bill Barnhart To: Pat St. Claire (439 -8879) Firm: City of Minneapolis Firm: Baytown Township Fax #: 673 -3250 14949 30 Street North Stillwater, MN 55082 Fax #: Number Of Pages Including Cover Sheet: If A Problem Arises, Cull Service Center @ (612) 337 -9294 NOTICE OF CONFIDENTIAL INFORMATION This fax contains confidcniial information which is legally privilzged. The information is for the sole use of the intenders recipient(s) listed above. Distribution or disclosure to any individuals not so listed is strictly prohibits. • _ �. � _ �.. ... v...r ♦rr rr/ I V 1 r 1 r MEMORANDUM TO. Reliever Airport Coalition Members FROM: Dan Coughlin, Mayor City of Mounds View Mary Kueffner, City Administrator City of Lake Elmo DATE. January 8,1999 RE: Formal Formation of Coalition At the last meeting of the Reliever Airport Coalition, we discussed formalizing our coalition. As a follow up to that task, we are writing to request that you seek formal approval from your City or Township to participate in the Coalition's legislative efforts. We have attached a sample resolution for your consideration and use. In addition, we would request that your City or Township help with the lobbying fees that will be needed to move forward with our legislative agenda. Coalition members discussed limiting the legislative agenda to the following: 1. Clarify the definitions of 'Minor use" and 'intermediate use" airports under Minn. Stat. § 473.641, subd. 4, so that it is consistent with the original legislative intent. Under our proposed bill language, Minn. Stat_ § 473.641 is clarified to ensure that the Metropolitan Airports Commission ("MAC') cannot extend airport runways at `minor use" airports without express legislative approval. The bill language will also ensure that the Saint Paul Downtown Airport is the only Intermediate use" airport in the Twin Cities Area. 2. Create the Reliever Airport Sound Abatement Council ( "RASAC "), which is modeled after the Metropolitan Airport Sound Abatement Council. The organization would be created by the legislature and exist for the purpose of advising the MAC on sound abatement policies for communities in and around minor use and intermediate use airports. Funding for RASAC would be provided by the MAC. RASAC's decision making body would be comprised of representatives appointed by participating cities and townships in and around reliever airports as well as representatives from MAC, reliever airport user groups and the Commissioner of Transportation. Cities and townships combined will appoint a majority of RASAC's governing board. 3. Direct the legislative auditor to conduct a legislative audit of the MAC on a number of issues. At present, all three sections mentioned above are proposed to be incorporated into one bill. Senator Steve Novak (DFL — New Brighton) and Representative Barb Haake (R — Mounds View) have agreed to be the chief authors of our bill. The latest version of the bill is attached for your review and reference. We believe that our lobbying efforts will cost in the range of $30,000 to $50,000. The following contribution schedule is proposed for your consideration. Cities and Townships with Population under 10,000 $3,000 Cities with Population under 20,000 $5,000 Cities and Townships with Population under 30,000 $7,000 Cities and Townships with Population under 40,000 $9 Cities and Townships with Population under 50,000 $11,000 Cities and Townships with Population over 50,000 $13,000 Please feel free to contact us (Dan Coughlin at 612/717 -4003 or Mary Kueffner at 651/777 -5510) if you have any questions. Our next coalition meeting is scheduled to take place at 1:30 p.m. on Friday, January 15, 1999 in Room 400 North of the State Office Building located next to the Capitol in Saint Paul. A Notice and Agenda is attached for your review. Thank you. 7JC- 1546S7S 2 M I" RESOLUTION NO. CITYfTOWNSHIP OF , MINNESOTA AUTHORIZING THE CTTyfTOWNSHIP TO PARTICIPATE IN THE RELIEVER AIRPORT REFORM COALITION COMPRISING OF OTHER CITIES AND TOWNSHIPS TO SEEK AND PROPOSE LEGISLATIVE CHANGES; AUTHORIZING THE PAYMENT OF LOBBYING FEES NOT TO EXCEED $ WHEREAS, the City/Township of , Minnesota (the "City' or 'Township ") is a duly organized and existing under the Constitution and laws of the State of Minnesota; and WHEREAS, the City/Township deems it prudent, reasonable and necessary to participate in a coalition with other cities and townships known as the reliever airport reform coalition (the "Coalition "); and WHEREAS, the Coalition was formed and exists to do the following: 1. Clarify the definitions of `minor use" and '`intermediate use" airports under Minn. Stat. § 473.641, subd. 4, so that it is consistent with the original legislative intent. Clarify Minn. Stitt. § 473.641 to ensure that the Metropolitan Airports Commission (" MAC') cannot extend airport runways at - minor use" airports without express legislative approval. Ensure that the Saint Paul Downtown Airport is the only "intermediate use" airport in the Twin Cities metropolitan area. 2. Create the Reliever Airport Suund Abatement Council ("RASAC "), 4a organization created by the legislature, funded by the MAC and controlled by representatives appointed by participating cities and townships. RASAC is created for the purpose of advising the MAC on sound abatement policies for communities in and around minor use and intermediate use airports. 3. Direct the legislative auditor to conduct a legislative audit of the MAC on a number of issues. !JC- 156272 MU210 -6 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCTI JTOWN BOARD OF THE CITY/TOWNSHIP OF , MINNESOTA THAT: City/Township staff may participate in the Coalition and the City/ Township shall appropriate $ to help fund the lobbying activities of the Coalition. PASSED AND APPROVED this day of January, 1999. THE CITY/ TOWNSHIP OF , MINNESOTA Mayor /Chair ATTEST: Manager • JJC- 154688 2 MU210-6 1111/99 5:28 PM WLS/HRD • A bill for an act relating to metropolitan government; clarifying the definition of minor use airport for the purposes of certain public expenditures; establishing a reliever airport sound abatement council; requesting a study by the legislative auditor of the metropolitan airport commission's capital improvements and siting process and responsiveness to citizens and local units of government; amending Minnesota Statutes 1998, section 473.641, subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 473. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 1998, section 473.641, subdivision 4, is amended to read: Subdivision 4. Expansion or upgrade of metro airport. Notwithstanding any other law, the metropolitan airports commission shall not use revenue from any source, as described by • section 473.608, for construction of air facilities to expand or upgrade the use of an existing metropolitan airport from minor use to intermediate use status , adepEad piifstiaaf fe SeGfialk 4 q3. The St. Paul Downtown aimort shall be classified as an intermediate use airport. The following aimorts shall be classified as minor use aimorts: Flvine Clogd_ Crvstal_ Anoka Countv- Blaine, Lake Elmo, Airlake, and South St. Paul_ For the purposes of this subdivis a "minor use" airpon is an wort that has a nrimary runway ,between 2,500 and 4-OW feet in length, and an "intermediate use" airpon is an airport that has a primary runway between 4.001 and 8 .000 feet in length. The existence before January 1. 1999_ of a nutwa,v in excess of 4.000 feet at an airport classified ae a minor use airport shall not cause t airport to be reclassified fro a minor use aimort to an • intermediate use airport. page 1 1 /11 /99 5:28 PM WLS/HRD Sec. 2. [473.657][RELIEVER AIRPORT SOUND ABATEMENT COUNCIL) Subdivision 1. (DEFINTTION) For the Dumoses of this section. "sound abatement, council" refers to the reliever airport sound abatement council established in this section., Subd. 2. (ESTABLISHMENT; PURPOSE.) A reliever airport sound abatement council is established to studv and evaluate the problem ttf noise created by the operation of reliever airports in the metropolitan area, to recommend sound abatement policies to he adopted and imnlemented by the metmoolitan airports commission, and to evaluate anv established sound abatement policies for reliever airports in the metropolitan area. Subd. 3. [MEMBERSHIP_) The sound abatement council shall consist of at least 20. members, of which at least 12 mf mhers shal.l represent adiacent affected communities. Members shall be annointed by the eovemine bodv of each of the followinz entities: (1) the metropolitan airports commission shall appoint one member: (2) the commissioner of transportation shall, appoint one member: (3) the users of the reliever airpor[., shall appoint six members, one from each reliever aiMon - , (4) Cities and townships abutpne or within two miles of the boundary of a reliever airport shall appoint one member each to the sound abatement council. The cities of Mounds View, Blaine Lake Elmo. Saint Paul. Brooklyn Park, Brooklyn Center. Crvstal. Circle Pines, Lexington, Eden Prairie, and South Saint Paul. and the townships of West Lakeland and Bavtown_ shall appoint t initial local representa TO the sound abatement council. Anv city or townshiD whose border abuts or is within two miles of a reliever aimort may participate as a member upon writ request to the chair of the reliever airport sound abatement council. . Subd. 4. [MEMBER QUALIFICATIONS.] ReDresentattves from the commission and the, page 2 1/11199 5:28 PM WLS /HRD department of transoortation shall have knowledLye and policy- makin e authority with reeard to reliever airoort noise issues. Reliever atrmort user representatives shall have knowledee of aviation issues at their resnective aimorts. Local mDresenntatives shall be elected officials of their, communities. Subd. 5. [TERMS OF OFFICE.] Members of the sound abatement council shall serve two y ear terms. Term of office shall he staggered so_ th at half of the reliever airport user representatives and half of the local representatives are appointed every year. Subd. f. [ADMINISTRATION.] The commission shall provide administrative and staff assistance when recauested by the sound abatement council. Subd. 7. [COMPENSATION.] The commission shall compensate sound abatement council members as provided in Minnesota STatutes. section 15.0575. subdivision 3. The sound • abatement council shall adorn a budeet Of estimated expenses at its first meetine and provide a cony to the commission. See. 3. [INITIAL MEETING AND BYLAWS FOR RELIEVER AIRPORT SOUND ABATEMENT COUNCIL.] Members of the reliever airport sound abatement council must be appointed by July 1, 1999- The cities of Mounds View, Blue, Lake Elm o. Saint Paul, Brooklvn Park, Brooklvn Center, Cr ystal. Circle Pines. LexinPtpn_ E den Prairie, and South Saint Paul and the townshins of West Lakeland and Ba v[own. shall aunt the initial local rep resentatives to the sound abatement council The metro o itan airports commission shal convene the initial meeting„of the sound abatement council no later than one month after the annointment of members, and Thereafter the sound abatement council shall continue to meet once a month or as determined by the sound abatement council's bvlaws. At its initial meetin,e the sound abatement council shall page 3 1111/99 5:28 PM WLS /HRD elect a chair from am the publi represen and ma ke recommendations for b vlaws. Sec. 4. LEGISLATIVE AUDIT REQUESTED.] The leeislarive audit commission is recauested to direct the leeislative auditor to conduct a stud of the metropolitan airn orts commission's process f ear under taking capital im provement nroiects. The studv must include: Ll) an evaluation of t metropolitan airp orts commission's process for sitin and expansion of airport facilities: and (2) an evil u arion of the retropolitan airports com mission's policies and practices for Rathering information from and responding to concerns of local governments and residents potentially affected by pr000sed airnon capital proiecLs. (3) an evaluation of the metronolimn airnorrs commission's attempts to foster comnetinon among carriers in Minnesota. Sec. 5.(APPLICATION; LOCAL APPROVAL.] Sections 1. 2. and 3 anply in the counties of Anoka. Carver, Dakota, Hennepin, Ramsev, Scow, and Washington. Sections 2 and 3 are effective for each city or township named upon compliance by the city or township with Minnesota Statutes. section 645.021. subdivision 3. page 4 City Council Agenda Item No. 7e • City of Brookly Center Office of the City Clerk A great place to start. A great place to stay. i MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk 34�4� DATE: January 2, 1999 SUBJECT: Mayoral Appointment to Northwest Hennepin Human Service Council Commission Northwest Hennepin Human Services Council Advisory Commission (one vacancy) The Northwest Hennepin Human Services Council is a human services planning and coordinating agency serving the cities of Brooklyn Center, Brooklyn Park, Champlin, Corcoran, Crystal, Dayton, Golden Valley, Hanover, Hassan, New Hope, Maple Grove, Osseo, Plymouth, Robbinsdale, and Rogers since 1972. The Advisory Commission is composed of citizen representatives appointed for two -year terms by their respective City Council. With the resignation of Marcia Mehlhaff, one vacancy exists for a Brooklyn Center representative with a term expiration of December 31, 1999. Notice of vacancy on the Northwest Hennepin Human Services Council Advisory Commission was published in the Brooklyn Center Sun -Post on December 2, 1998. Notice was posted at City Hall and Community Center and aired on Cable Channel 37 from November 23 through December 23, 1998. A letter was sent to those persons who previously had submitted an application for appointment to a Brooklyn Center advisory commission informing them of the vacancy and requesting that they call the City Clerk if they are interested in applying for the commission. They were given the choice of either reapplying or having their application previously submitted considered. Notices were also sent to current advisory commission members. Attached for City Council IIllembers only is a copy of the application received from: Kathleen Ganter 5936 Xerxes Avenue North A letter was sent to the applicant notifying her that her application for appointment would be considered at the January 25, 1999, City Council meeting. Other attachments include: 1) Procedures for filling commission vacancies adopted by the City Council on March 27, 1995. 2) Memorandum from Mayor Kragness indicating her nomination. Recommended Council Action: Motion by Council to ratify the Northwest Hennepin Human Services Council Advisory Commission • nomination by Mayor Kragness with term expiring December 31, 1999. 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer City o f Brooklyn n Center A great place to start. A great place to stay. i • Volunteer Opportunity Brooklyn Center Representative for Northwest Hennepin Human Services Council Advisory Commission The City of Brooklyn Center is looking for a Brooklyn Center resident who has an interest in human services issues and would be willing to serve as a municipal representative to the Northwest Hennepin Human Services Council Advisory Commission. The Northwest Hennepin Human Services Council is a human services planning and coordinating agency serving the cities of Brooklyn Center, Brooklyn Park, Champlin, Corcoran, Crystal, Dayton, Golden Valley, Hanover, Hassan, New Hope, Maple Grove, Osseo, Plymouth, Robbinsdale, and Rogers since 1972. The goals of the Council are to improve access to human services for area residents, raise awareness of human service needs, and coordinate and assist in planning for needed human services in the community. • The Advisory Commission is composed of citizen representatives appointed for two -year terms by their respective City Council. As an Advisory Commissioner, representatives are asked to attend one Advisory Commission meeting per month and serve on one Commission committee or task force during the year. Issues addressed during these meetings span a broad range of human service topics including drug and alcohol abuse, child care, physical and sexual abuse, emergency services, mental health needs, and senior services. An applicant's previous experience in human service programs is helpful, but not required. The most important quality is a sincere concern for human service needs in the community. Because the Advisory Commission is a citizen body, members come from all walks of life. Appointment to the Advisory Commission will be made by the Brooklyn Center City Council. If you are interested in volunteering for this position or would like to obtain additional information, please call City Clerk Sharon Knutson at 569 -3300. APPLICATION DEADLINE IS DECEMBER E R 23, 1998 [Posted at Brooklyn Center City Hall and Community Center November 23, 1998] [Published in the Brooklvn Center Sun -Post December 2, 19981 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer City of Brooklyn Center Procedures for Filling Commission /Task Force Vacancies Adopted by Council 3/27/95 The following process for filling commission/task force vacancies was approved by the City Council at its March 27, 1995, meeting: Vacancies in the Commission shall be filled by Mayoral appointment with majority consent of the City Council. The procedure for filling Commission vacancies is as follows: 1. Notices of vacancies shall be posted for 30 days before any official City Council action is taken; 2. Vacancies shall be announced in the City's official newspaper; 3. Notices of vacancies shall be sent to all members of standing advisory commissions; 4. Applications for Commission membership must be obtained in the City Clerk's office and must be submitted in writing to the City Clerk; 5. The City Clerk shall forward copies of the applications to the Mayor and City Council; 6. The Mayor shall identify and include the nominee's application form in the City Council agenda materials for the City Council meeting at which the nominee is presented; 7. The City Council, by majority vote, may approve an appointment at the City Council meeting at which the nominee is presented. i • PROCEDUR.CC 3 City of Brooklyn Center Office of the Mayor A great place to start. A great place to stay. • MEMORANDUM TO: Councilmember Debra Hilstrom Councilmember Kay Lasman Councilmember Ed Nelson Councilmember Robert Peppe FROM: Myrna Kragness, Ma r DATE: January 20, 1999 SUBJECT: Northwest Hennepin Human Services Council Advisory Commission Nomination As outlined in our policy for filling commission vacancies, I would request ratification from Council Members for the nomination of Kathleen Ganter, 5936 Xerxes Avenue North, to the Northwest Hennepin Human Services Council Advisory Commission with term expiring December 31, 1999. • 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer City Council Agenda Item No. 7f Office of the City Manager 3 City of Brooklyn Center A great place to start. A great place to stay. Michael J. McCauley City 11anager MEMORANDUM TO: Mayor Kragness, Councilmembers H' om, Lasman, Nelson, and Peppe i FROM: Michael J. McCauley, City Manager DATE: January 21, 1999 SUBJECT: Fiscal Disparities Legislation As work progresses on the Joslyn site, projected tax increment will be reduced by $170,000 per year for fiscal disparities contribution from the tax increment district proposed. This represents a 27% reduction in the projected increment at this stage of planning. This loss of increment could be spread on property outside the district, but staff does not feel that this would be appropriate or wise. In reviewing this, I have had discussions with the Executive Director of the Association of Metropolitan Municipalities regarding the potential for general legislation that would exempt Superfund sites from the fiscal disparities provisions applicable to a tax increment financing district. This concept would be narrowly tailored to Superfund sites. The theory behind this would be to allow Superfund sites to pay for their own cleanup. A Superfund site located outside the metropolitan area would not suffer this substantial reduction in capacity due to fiscal disparities. The purpose of placing this item on the agenda is for Council discussion and direction as to whether or not seeking to support general legislation exempting Superfund sites from the fiscal disparities contribution requirements while in a tax increment financing district would be appropriate. 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • Cit y Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action/Equal Opportunities Employer i City Council Agenda Item No. 7g • Office of the City Manager City of Brooklyn Center A great place to start. A great place to stay. • Michael I McCauley City Manager MEMORANDUM TO: Mayor Kragness, Councilmembers om, Lasman, Nelson, and Peppe FROM: Michael J. McCauley, City Manager DATE: January 21, 1999 SUBJECT: Meeting with Suburban Hennepin Cou ty Parks Attached please find a memorandum from Jim Glasoe that outlines the history leading up to the meeting that will be held at French Regional Park to discuss issues. As indicated in Mr. Glasoe's memo, one of the potential areas for discussion would be a collaborative effort on trails that would provide potential financial and maintenance assistance from Suburban Hennepin Parks. The purpose of placing this item on the agenda • is for Council discussion regarding the meeting with Suburban Hennepin Parks. Attachment 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer MEMORANDUM 16 DATE: January 20, 1999 TO: Michael McCauley, City Manager FROM: Jim Glasoe, Director of Community Activities Recreation and Services SUBJECT: Hennepin Parks February 9 Meeting With Cities In late October of 1998, I attended a meeting along with representatives of the City of New Hope and Hennepin Parks. At that meeting, Hennepin Parks staff presented a plan to develop a golf enterprise operation at Eagle Lake Park in Plymouth. In addition to questions and issues discussed regarding the proposed golf operation, New Hope City Manager Dan Donahue raised some issues with respect to the location of the proposed project. Mr. Donahue pointed out that Hennepin Parks was continuing to provide regional facilities in developing cities, at the expense of fully developed cities. He pointed to the fact that Hennepin Parks has no regional facilities in cities that are developed. He continued that increased property values and subsequent tax capacity are being created in the areas surrounding these regional facilities and that the first ring suburban areas are not benefitting equally. These • issues were also the focus of a recent article in the Minneapolis Star /Tribune. Doug Bryant, Superintendent of Hennepin Parks responded that Hennepin Parks has, for some time, been interested in developing a regional park in the first ring suburban area. He indicated that they had been close to acquiring a large parcel of property in Golden Valley, but essentially had been "out bid" by a private developer. It is my understanding that the February 9 meeting is intended to begin the discussion regarding the possibility of, and issues surrounding the development of a first ring regional park. However, there are a number of issues that will need to be considered as the discussion proceeds. In addition to the expense of acquiring a large parcel of land in a developed community, cities would also need to consider the impact of taking that property off the tax rolls. In order to address the above issue and Hennepin Parks' desire to provide park amenities in the first ring suburban area, one option that has been suggested is that Hennepin Parks would partner with first ring ities to redevelop, and or maintain current ark amenities. One example of g P, P P P this type of artnerin might be the local trails stems. Hennepin Parks could incorporate a p g g Y P rP portion of a community's trail system in their regional system and assist financially with the maintenance, improvement and/or expansion of the trails. In this scenario, Hennepin Parks would provide amenities to the inner ring cities without impacting their tax base. It is my understanding that Hennepin Parks plans a series of meetings to identify and develop • options for their organization to have a presence in the first ring suburban areas. SUBURBAN HENNEPIN REGIONAL PARK DISTRICT 12615 County Road 9 Plymouth, Minnesota 55441 -1299 Telephone (612)559 -9000 TDD (612) 559 -6719 FAX 559 -3287 Ak W gag An Equal Opportunity Employer January 7, 1999 Mr. Michael McCauley City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center MN 55430 Dear Mr. McCauley: On behalf of the Park District, you and your Parks and Recreation Director/ Supervisor are cordially invited to attend a meeting to discuss the merits and potential location(s) for a first tier suburban regional park. This session is scheduled for Tuesday, February 9' starting at 9:00 a.m. at the French Regional Park Visitor Center in the Oakwood Room (map attached). For your information, I have invited representatives from the cities of Crystal, New Hope, Robbinsdale, Brooklyn Center, Golden Valley, St. Louis Park, Hopkins, Edina, St. Anthony and Richfield. I trust that we will have an excellent turnout and productive discussion, which I plan to share with our Board of Commissioners on February 18'. 1999. • Please contact Linda Ziegler, Administrative Assistant, at 559 -6775 by Friday, February 5", if Y ou cannot attend. In the meantime, if you have any questions or suggestions for the meeting, contact me at 559 -6748. I have enclosed a parking coupon which should be displayed on your vehicle dash. Sincerely, Douglas F. Bryant, Superintendent And Secretary to the Board Cc: Board of Commissioners Shl /letters /first tier cities RECYCLED PAPER - Conserving our Resources Contains 50% total recycled fiber, 10°x. Post - consumer fiber • PROCLAMATION DECLARING FEBRUARY 6, 1999, TO BE WE CARE ABOUT KIDS DAY WHEREAS, our local Community Ahead initiative is hosting WE CARE ABOUT KIDS DAY on Saturday, February 6, as a free family event to promote youth assets; and WHEREAS, there are 40 developmental assets identified as the framework for healthy growth in our children, such as family support, bonding to school, making good decisions, resolving conflicts, and feeling like life has purpose; and WHEREAS, the 40 developmental assets will be the focus of WE CARE ABOUT KIDS DAY through the volunteer efforts of community businesses, resource agencies, and schools; and WHEREAS, it is everyone's responsibility to build assets and help young people reach their potential; and WHEREAS, we encourage all residents of Brooklyn Center to attend the event to build assets while enjoying free food and entertainment, demonstrations, a student art show, and the first annual District 281 Role Model Awards on February 6 from 10 a.m. to 4 p.m. at the Northwest YMCA in New Hope. • NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, do hereby proclaim that Saturday, February 6, 1999, is declared WE CARE ABOUT KIDS DAY throughout the city of Brooklyn Center. Date Mayor Attest: City Clerk • i