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HomeMy WebLinkAbout1999 09-27 CCP Regular Session Public Copy . CITY COUNCIL MEETING City of Brooklyn Center September 27, 1999 AGENDA 1. Informal Open Forum With City Council - 6:45 p.m. - provides an opportunity for the public to address the Council on items which are not on the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be for clarification only. Open Forum will not be used as a time for problem solving or reacting to the comments made but, rather, for hearing the citizen for informational purposes only. 2. Invocation - 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. September 7, 1999 - Special Work Session 2. September 13, 1999 - Study Session 3. September 13, 1999 - Regular Session b. Licenses C. Approval of Application for Exempt Permit (Raffle) for an Event to be Held at the Earle Brown Heritage Center on November 5, 1999 d. Resolution Accepting Bids and Awarding a Contract, Improvement Project No. 1999- 19, Contract 1999 -M, Rehabilitation of Wellhouses #5 and #6 • e. Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees £ Resolution Providing for the Deletion of a Certain Special Assessment from Levy No. 14565 CITY COUNCIL AGENDA -2- September 27, 1999 g. Approval of Purchase Order for Replacement of 5 Marked Squads as Approved in the 2000 Capital Outlay Budget h. Motion to set October 11, 1999, for Public Hearing on Levy Certification Tax Rate Increase 7. Council Consideration Items a. Update on Construction of Police and Fire Buildings from Bossardt - Requested Council Action: -John Bossardt will provide update. b. Resolution Authorizing Cost Participation in the Shingle Creek Watershed Management Commission's Twin Lakes Study, and Reallocating Funds - Requested Council Action: - Motion to adopt resolution. • C. Resolution Approving Final Plat -- JOSLYN ADDITION - Requested Council Action: - Motion to adopt resolution. d. An Ordinance Amending Chapter 23 of the Brooklyn Center City Ordinances by Adding New Sections 23 -2301 Through 23 -2314 Thereto Establishing License Regulations for Tattoo and Body Piercing Establishments - Requested Council Action: - Motion to approve first reading and set October 25, 1999, for public hearing and second reading. e. Report on Random Acts of Kindness - Requested Council Action: - Assistant City Manager/HR Director will provide verbal report. f. Report on 69th and Brooklyn Boulevard Acquisition - Requested Council Action: -Report will be provided at meeting. 8. Adjournment • EDA Owned Property 7000 70th Ave N 6956 6945 6944 6950 4315 6944 4307 6935 6938 6933 c 6938 6927 ` 6932 Ld "p 6918 6912 6912 I 69th Ave N Redevelopment Project Area (RFP) N EDA Owned Property w r. S City Council Agenda Item No. 6a i MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA ® SPECIAL WORK SESSION SEPTEMBER 7, 1999 CITY HALL CONFERENCE ROOM B CALL TO ORDER The Brooklyn Center City Council met for a Special Work Session at Brooklyn Center City Hall and was called to order by Mayor Myrna Kragness at 7:04 p.m. 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, Community Development Director Brad Hoffman, Finance Director Charlie Hansen, Public Works Director Diane Spector, and Recording Secretary Maria Rosenbaum. Others present: Bob Thistle of Springsted and Financial Commission Members Donn Escher, Jerry Blamey, Gavin Wilkinson, and Mark Nemec. ® DISCUSSION OF BROOKDALE City Manager Michael McCauley discussed with the Council the recent information received from Mr. Schlesinger and shared a breakdown of the dollars requested since the first proposal was received. Council discussed the breakdown of money involved and what the options were if Mr. Schlesinger was granted his request of an additional $6 million. Council discussed the options for Brookdale and what the pay options would be for the City. Mr. McCauley stated that construction needs to start in 2000 to keep this project going. If Mr. Schlesinger were not to finish this project, the project would be on hold for approximately two years. Council discussed their concerns about the progress being made at Brookdale and that they did not feel comfortable granting the request of $6 million; however, some money needs to be granted in order to progress with the project. The Council discussed parameters for continued negotiations with Talisman. It was also noted that the Council would like to see a change in the exterior design of Brookdale. Mr. McCauley will discuss with Mr. Schlesinger. ® 09/07/99 -1- DRAFT DISCUSSION OF DRAFT CAPITAL IMPROVEMENT PLAN Public Works Director Diane Spector gave an overview of the Capital Improvement Program (CIP) for 2000 -2004. This year's program had a few changes from last year's CIP and Ms. Spector discussed some of the changes. Some of those changes include: a detention pond in East Palmer Lake Park and the replacement of some of the storm drainage channels with storm sewer redirecting drainage to the new pond. As art of the and improvement, it is proposed to relocate the bicycle g P P P p � p p Y trail through East Palmer Lake Park. The trail would meander through the park instead of traveling behind the ballfield outfield fence. _ Council discussed several issues pertaining to the quality of parks, water quality, and the new bleacher code. Ms. Spector informed the Council that the proposed past projects will be going before the Park and Recreation Department for recommendation before adoption of the final Capital Improvement Plan. Finance Director Charlie Hansen discussed the golf course fund five year projected balance and informed the Council that the target starting operating balance is 15 percent of revenues from the previous year. Ms. Spector stated that the CIP continues to move at an aggressive pace and that during this five year period funds available are very close to or just below their targets until additional funds are dedicated to the debt service are freed up beginning in 2005 to supplement these funds. The regular Municipal State Aid account is in the red due to several large projects. The City is cash - flowing State Aid projects though the Local State Aid account until it is caught up at the end of the five year period. MISCELLANEOUS Councilmember Hilstrom asked if the City could inform the residents of Brooklyn Center when the police and fire buildings will be done. Mr. McCauley suggested an open house after the buildings have been occupied for some time. ADJOURNMENT Councilmember Lasman made a motion to adjourn the meeting at 9:50 p.m., seconded by Councilmember Peppe. Motion passed unanimously. City Clerk Mayor 09/07/99 -2- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION SEPTEMBER 13, 1999 CONFERENCE ROOM B CALL TO ORDER STUDY SESSION The Brooklyn Center City Council met in study session and was called to order by Mayor Myrna Kragness at 6:00 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Debra Hilstrom, Kay Lasman, Ed Nelson, and Robert Peppe. Also present: City Manager Michael McCauley, Assistant City Manager/HR Director Jane Chambers, and Recording Secretary Maria Rosenbaum. DISCUSSION ON AGENDA ITEMS AND QUESTIONS • Council discussed some of the language in the tattoo parlor ordinance. COMMUNITY GUIDE Mr. McCauley discussed Council direction is needed on the community guide. Prime Advertising requested that the City do the mailing of the community guide. Staff would prefer to have Prime Advertising continue to produce the guide instead of having to create a new guide. The guide would be produced by Prime Advertising and then brought to the City for mailing. Council discussed the advantages and disadvantages of the guide. General consensus was to continue for 2000 while evaluating future options. LEASE/ SALE OF HUMBOLDT LIQUOR STORE TO DISTRICT 286 Mr. McCauley informed the Council that staff had met with District 286 on the potential lease /sale of the Humboldt Liquor store and have reached the stage of a draft agreement. District 286 would lease the property and improve the property to meet their needs. At the end of the lease term, the City ould cone title to the roe to District 286. This would be an advantage to both the City tY Y property rtY g and District 286. 09/13/99 -1- DRAFT MISCELLANEOUS Councilmember Hilstrom informed the Council that the Palmer Lake Circle residents will be submitting a petition in the near future. Residents were not happy with the answer she provided and would like to have something done to improve the quality of water in their cul -de -sac. ADJOURNMENT The Council adjourned the study session at 6:45 p.m. City Clerk Mayor 09/13/99 -2- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION SEPTEMBER 13, 1999 CITY HALL 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in informal open forum and was called to order by Mayor Myrna Kragness at 6:45 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Debra Hilstrom, Kay Lasman, Ed Nelson, and Robert Peppe. Also present: City Manager Michael McCauley, Assistant City Manager/HR Director Jane Chambers, Public Works Director Diane Spector, City Attorney Charlie LeFevere, and Recording Secretary Maria Rosenbaum. Dan Remiarz, 6201 June Avenue North, addressed the Council regarding the process of the informal open forum and the new community service center addition. Mr. Remiarz asked why the Council started the informal open forum. Mayor Kragness informed him that the informal open forum allows residents to speak to the Council before a meeting who otherwise may not want to speak during a Council meeting, and also provides an opportunity to residents to discuss items not on the agenda. Mr. Remiarz discussed his concern about the new community service center addition. Mayor Kragness informed Mr. Remiarz that there had been thorough studies done and that one would be provided to him. Edith Svitak, 5616 Dupont Avenue North, addressed the Council regarding her concerns with the street improvements on 55th, 57th, and Dupont Avenue. Ms. Svitak asked when the project would be finished and why they are doing some of the things they are doing. Mayor Kragness suggested having Public Works Director Diane Spector discuss the improvements with Ms. Svitak after the informal open forum. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Lasman, seconded by Councilmember Nelson to adjourn informal open forum at 6:58 p.m. Motion passed unanimously. • 09/13/99 -1- DRAFT 2. INVOCATION A moment of silence was offered. 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 7:01 p.m. 4. ROLL CALL Mayor Myrna Kragness, Councilmembers Debra Hilstrom, Kay Lasman, Ed Nelson, and Robert Peppe. Also present: City Manager Michael 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 reported she, along with Councilmember Hilstrom and Councilmember Nelson, attended the Boards of Government meeting and that the meeting was very well attended. Mayor Kragness reported that she was invited to the 20th Anniversary celebration for the Lioness'. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Consent agenda item 6h was requested to be removed from the agenda. A motion by Councilmember Nelson, seconded by Councilmember Hilstrom to approve the agenda and consent agenda as amended. Motion passed unanimously. 6a. APPROVAL OF MINUTES A motion by Councilmember Nelson, seconded by Councilmember Hilstrom to approve the minutes from the general work session on August 16, 1999, and the study and regular sessions on August 23, 1999. Motion passed unanimously. 6b. LICENSES A motion by Councilmember Nelson, seconded by Councilmember Hilstrom to approve the following list of licenses. Motion passed unanimously. 09/13/99 -2- DRAFT I RENTAL ® Renewal 6331, 6401, 6425 Beard Ave N Phillips Clovers & Fred Commers 5444 Bryant Ave N Ralph Johnson 5329 Queen Ave N Doris Stachowski 4207 Lakeside Ave N, #320 Heinz Pollinger 5340 & 44 Russell Ave N Fred & Judie Swerison 4819 Azelia Ave N Penelope Brown 5318 Queen Ave N Carin Rudolph Initial Riverwood Estates Apartments Donald Kasbohm SIGN HANGER Universal Signs, Inc. 1033 Thomas Avenue, St. Paul APPLICATION FOR 1 TO 4 DAY TEMPORARY ON -SALE LIQUOR LICENSE FROM ST. ALPHONSUS CHURCH FOR AN EVENT TO BE HELD ON OCTOBER 9,1999 A motion by Councilmember Nelson, seconded by Councilmember Hilstrom to approve application for temporary on -sale liquor license for an event to be held on October 9, 1999. Motion passed ® unanimously. APPLICATION FOR 1 TO 4 DAY TEMPORARY ON -SALE LIQUOR LICENSE FROM ST. ALPHONSUS CHURCH FOR AN EVENT TO BE HELD ON FEBRUARY 13, 2000 A motion by Councilmember Nelson, seconded by Councilmember Hilstrom to approve application for temporary on -sale liquor license for an event to be held on February 13, 1999. Motion passed unanimously. 6c. RESOLUTION AUTHORIZING ISSUANCE OF A LAWFUL GAMBLING LICENSE (RENEWAL) TO THE BROOKLYN CENTER LIONS CLUB TO OPERATE A PULL -TAB BOOTH AT THE EARLE BROWN BOWL RESOLUTION NO. 99 -133 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING ISSUANCE OF A LAWFUL GAMBLING LICENSE (RENEWAL) TO THE BROOKLYN CENTER LIONS CLUB TO OPERATE A PULL -TAB BOOTH AT THE EARLE BROWN BOWL 09/13/99 -3- DRAFT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 6d. RESOLUTION REJECTING BIDS FOR SECURITY CAMERAS AND AWARDING BID FOR ACCESS DOORS FOR NEW POLICE STATION 1998 -09 RESOLUTION NO. 99 -134 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION REJECTING BIDS FOR SECURITY CAMERAS AND AWARDING BID FOR ACCESS DOORS FOR NEW POLICE STATION 1998 -09 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 6e. RESOLUTION APPROVING CHANGE ORDER NO. 1, ACCEPTING WORK AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1997 -14, CONTRACT 1997 -M, WATER UTILITY ENERGY CONSERVATION MEASURERS RESOLUTION NO. 99 -135 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER NO. 1, ACCEPTING WORK AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1997 -14, CONTRACT 1997 -M, WATER UTILITY ENERGY CONSERVATION MEASURERS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 6f. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 99-136 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES 09/13/99 -4- DRAFT e ® The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 6g. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 1999 -20, CONTRACT 1999 -L, AZELIA AVENUE IMPROVEMENTS, TO THE HENNEPIN COUNTY TAX ROLLS RESOLUTION NO. 99 -137 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 1999 -20, CONTRACT 1999 -L, AZELIA AVENUE IMPROVEMENTS, TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 6h. RESOLUTION APPROVING FINAL PLAT - JOSLYN ADDITION This resolution was removed from the agenda. 6i. AN ORDINANCE VACATING A DRAINAGE AND UTILITY EASEMENT - DALE AND DAVIES 3RD ADDITION A motion by Councilmember Nelson, seconded by Councilmember Hilstrom to approve first reading of ordinance and set October 11, 1999, for second reading and public hearing. Motion passed unanimously. 7. PUBLIC HEARINGS 7a. PUBLIC HEARINGS REGARDING 1999 PROPOSED SPECIAL ASSESSMENTS PROCEDURES AND GENERAL INFORMATION 1. PUBLIC HEARING REGARDING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 1999 -01 AND 02, CONTRACT 1999 -A, SOUTHEAST NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS - RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 1999 -01 AND 02, CONTRACT 1999 -A, SOUTHEAST NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS, TO THE HENNEPIN COUNTY TAX ROLLS ® 09/13/99 -5- DRAFT City Manager Michael McCauley discussed these public hearings this evening are the annual hearings to consider certification of proposed special assessments. All potentially affected property owners had been notified by certified mail of the date of the public hearing and the amount of the proposed special assessment. 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 Hilstrom to close the Public Hearing. Motion passed unanimously. RESOLUTION NO. 99 -138 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 1999 -01 AND 02, CONTRACT 1999 -A, SOUTHEAST NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS, TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 2. PUBLIC HEARING REGARDING SPECIAL ASSESSMENTS FOR PUBLIC UTILITY HOOKUP CHARGES, AND DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS - RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR PUBLIC UTILITY HOOKUP CHARGES TO THE HENNEPIN COUNTY TAX ROLLS - RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS Mr. McCauley discussed the resolutions certifying special assessments for public utility hookup charges and delinquent public utility service need to be adopted in order to certify the assessments to the Hennepin County tax rolls. Councilmember Hilstrom asked to receive a report comparing the policy of special assessments to collect delinquent utility bills with the prior policy to show the results and differences. A motion by Councilmember Nelson, seconded by Councilmember Peppe to open the Public Hearing. Motion passed unanimously. 09/13/99 -6- DRAFT No one wished to address the Council. A motion by Councilmember Lasman, seconded by Councilmember Peppe to close the Public Hearing. Motion passed unanimously. RESOLUTION NO. 99-139 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR PUBLIC UTILITY HOOKUP CHARGES TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. RESOLUTION NO. 99-140 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS S The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 7b. AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY ORDINANCES RELATING TO LOCATION OF PAWNBROKERS AND SECONDHAND GOODS DEALERS Mr. McCauley discussed at the Council meeting on August 23, 1999, the Council directed staff to prepare an amendment to Chapter 23 of the City Ordinances relating to location of pawnbrokers and secondhand goods dealers. This ordinance amendment would amend the location of 300 feet from currency exchange operations. Councilmember Hilstrom asked that the language in the ordinance be consistent and suggested changing check cashing operation to currency exchange. City Attorney Charlie LeFevere informed the Council the ordinance could be amended to say currency exchange and still be approved this evening with a motion on the amendment being approved. A motion by Councilmember Hilstrom, seconded by Councilmember Nelson to amend the ordinance to specify currency exchange operation instead of check cashing operation. Motion passed unanimously. ® 09/13/99 -7- DRAFT A motion by Councilmember Hilstrom, seconded by Councilmember Lasman to open the Public Hearing. Motion passed unanimously. 0 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. 99-14 Councilmember Nelson introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY ORDINANCES RELATING TO LOCATION OF PAWNBROKERS AND SECONDHAND GOODS DEALERS The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Lasman as amended. Motion passed unanimously. 7c. AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY ORDINANCES RELATING TO CURRENCY EXCHANGES, ADDING NEW SECTIONS 23- 2201 THROUGH 23 -2205 Mr. McCauley discussed this ordinance amendment would be adding new sections 23 -2201 through 23 -2205 and discussed some of the restrictions. A motion by Councilmember Hilstrom, 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 -15 Councilmember Lasman introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY ORDINANCES RELATING TO CURRENCY EXCHANGES, ADDING NEW SECTIONS 23 -2201 THROUGH 23 -2205 The motion for the adoption of the foregoing ordinance was duly seconded by member Hilstrom and passed unanimously. 09/13/99 -8- DRAFT • ® S. COUNCIL CONSIDERATION ITEMS 8a. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF SERGEANT GREGORY WEEKS Mr. McCauley commended Sergeant Gregory Weeks for his faithful service to the City of Brooklyn Center. Mayor Kragness read the resolution and also commended Sergeant Weeks. Sergeant Weeks addressed the Council to say thanks to the Council and to all the previous Council Members for all their support during his years of service and that he will miss his job greatly. RESOLUTION NO. 99 -141 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF SERGEANT GREGORY WEEKS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 8b. RESOLUTION DIRECTING NSP TO UNDERGROUND OVERHEAD UTILITIES ON BROOKLYN BOULEVARD, 65TH AVENUE TO NORTH CITY LIMITS, AND CR 10, TH 100 TO BROOKLYN BOULEVARD Mr. McCauley discussed this resolution would direct NSP to underground overhead utilities on Brooklyn Boulevard, 65th Avenue to north city limits, and CR 10, and TH 100 to Brooklyn Boulevard. RESOLUTION NO. 99 -142 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION DIRECTING NSP TO UNDERGROUND OVERHEAD UTILITIES ON BROOKLYN BOULEVARD, 65TH AVENUE TO NORTH CITY LIMITS, AND CR 10, TH 100 TO BROOKLYN BOULEVARD The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. is 09/13/99 -9- DRAFT I 8e. RESOLUTION AUTHORIZING THE REPLACEMENT OF WATER MAIN ON OLD 65TH AVENUE BETWEEN CAMDEN AND LILAC DRIVE, ON THE REGAL THEATER SITE, AND APPROPRIATING FUNDS Mr. McCauley discussed this resolution would authorize the expenditure of funds for the replacement of water main on old 65th Avenue between Camden and Lilac Drive and permit the developer's contractor to construct replacement of water main. Mayor Kragness asked if this would delay the construction of the Regal Theater. Mr. McCauley responded that the work will occur with the project and will not delay the project. RESOLUTION NO. 99-143 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE REPLACEMENT OF WATER MAIN ON OLD 65TH AVENUE BETWEEN CAMDEN AND LILAC DRIVE, ON THE REGAL THEATER SITE, AND APPROPRIATING FUNDS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 8d. RESOLUTION SUPPORTING A FEE INCREASE FOR DEPUTY REGISTRARS Mr. McCauley discussed at the August 23, 1999, City Council meeting, this item was tabled until more information was received. The City received a request from the Minnesota Deputy Registrar's Association (MDRA) for support of a fee increase. The information received since August 23, 1999, was that the MDRA recommended a $5 fee, which is a $1.50 increase from the current fee to keep up with the cost of living index. Mr. McCauley informed the Council they would not need to take action on this resolution. Council further discussed the request and if this is something the Council needs to adopt. A motion by Councilmember Hilstrom, seconded by Councilmember Nelson to indefinitely table the resolution. Motion passed unanimously. 8e. 2000 PRELIMINARY BUDGET AND PROPERTY TAX LEVY REPORT 1. RESOLUTION TO ADOPT THE 2000 PRELIMINARY BUDGET 09/13/99 -10- DRAFT • 2. RESOLUTION TO AUTHORIZE A PRELIMINARY TAX LEVY FOR 2000 APPROPRIATIONS FOR THE GENERAL FUND, THE STREET IMPROVEMENT DEBT SERVICE FUNDS, THE POLICE AND FIRE BUILDING DEBT SERVICE FUNDS, THE EDA FUND, AND THE HRA FUND BUDGETS 3. RESOLUTION APPROVING A PRELIMINARY TAX CAPACITY LEVY FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATION, PROVIDING INFORMATIONAL SERVICE, AND RELOCATING ASSISTANCE PURSUANT TO THE PROVISIONS OF MSA 469.001 THROUGH 469.047 OF THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER FOR THE YEAR 2000 4. RESOLUTION SETTING DATES FOR TRUTH IN TAXATION PUBLIC HEARINGS Mr. McCauley discussed the Council is being asked to approve the preliminary 2000 real estate tax levy and the preliminary 2000 budget. State law requires the adoption of these two items at the beginning of September along with the preliminary levy and budget, State law also requires the Council to set the truth in taxation and continuation hearing (if needed) dates. The recommended date for the truth in taxation hearing is Monday, December 6, 1999, at 7:00 p.m., and the recommended date for the continuation hearing is Monday, December 13, 1999, at 6:00 p.m. This ® budget is preliminary and revisions will be made as the budgets continue to be refined to meet the Council's goals. The date for the adoption of the budget will be December 13, 1999. Mr. McCauley gave an overview of the increases for 2000 and discussed the preliminary levy would increase real estate taxes levied by the City, EDA, and HRA by a total of 2.61 percent above the gross levy for taxes payable in 1999. RESOLUTION NO. 99-144 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION TO ADOPT THE 2000 PRELIMINARY BUDGET The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. RESOLUTION NO. 99 -145 Councilmember Lasman introduced the following resolution and moved its adoption: ® 09/13/99 -11- DRAFT RESOLUTION TO AUTHORIZE A PRELIMINARY TAX LEVY FOR 2000 APPROPRIATIONS FOR THE GENERAL FUND, THE STREET IMPROVEMENT DEBT SERVICE FUNDS, THE POLICE AND FIRE BUILDING DEBT SERVICE FUNDS, THE EDA FUND, AND THE HRA FUND BUDGETS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. RESOLUTION NO. 99 -146 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING A PRELIMINARY TAX CAPACITY LEVY FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATION, PROVIDING INFORMATIONAL SERVICE, AND RELOCATING ASSISTANCE PURSUANT TO THE PROVISIONS OF MSA 469.001 THROUGH 469.047 OF THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER FOR THE YEAR 2000 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. RESOLUTION NO. 99-147 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION SETTING DATES FOR TRUTH IN TAXATION PUBLIC HEARINGS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 8f. TATTOO/BODY PIERCING ORDINANCE DISCUSSION Mr. McCauley discussed that in response to the Council's direction a draft ordinance was prepared, modeled on another City's ordinance, and submitted at the last Council meeting. In response to the Council's request for additional research into what other cities are doing to regulate tattoo parlors, a survey was conducted. A matrix was prepared by the City Attorney's office and was included with the materials showing the types of regulations being imposed by other cities and the same provisions of the proposed draft ordinance. Mayor Kragness asked about ear piercing. Mr. LeFevere informed the Council that jewelry stores are exempt from the ordinance. 09/13/99 -12- DRAFT • Councilmember Hilstrom asked about home tattoo parlors. Mr. LeFevere said that this ordinance prohibits home tattoo parlors. Councilmember Nelson commended staff for the fast work on getting this ordinance prepared. A motion b Councilmember Hilstrom Councilmember Nelson to direct staff to bring Y > seconded b Y g forward the ordinance by State regulations. Motion passed unanimously. 9. ADJOURNMENT A motion by Councilmember Hilstrom, seconded by Councilmember Lasman to adjourn the meeting at 7:44 p.m. Motion passed unanimously. City Clerk Mayor • 09/13/99 -13- DRAFT MINUTES OF THE PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION SEPTEMBER 13, 1999 CITY HALL 1. CALL TO ORDER The Brooklyn Center Economic Development Authority (EDA) met in regular session and was called to order by President Myrna Kragness at 7:45 p.m. 2. 1 ROLL CALL President Myrna Kragness, Commission Members Debra Hilstrom, Kay Lasman, Ed Nelson, and Robert Peppe. Also present: Executive Director Michael J. McCauley, Assistant City Manager/HR Director Jane Chambers, City Attorney Charlie LeFevere, and Recording Secretary Maria Rosenbaum. 3. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Commissioner Hilstrom, seconded by Commissioner Lasman to approve the agenda and consent agenda. Motion passed unanimously. 3a. APPROVAL OF MINUTES A motion by Commissioner Hilstrom, seconded by Commissioner Lasman to approve the minutes from the regular session on May 24, 1999. Motion passed unanimously. 4. COMMISSION CONSIDERATION ITEMS 4a. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR DEMOLITION OF 6912, 6918, 6932, 6935, 6938, 6944 JUNE AVENUE NORTH AND 6938 BROOKLYN BOULEVARD, BROOKLYN CENTER, MINNESOTA Executive Director Michael McCauley discussed the EDA acquired these property for re- development and that bids were received for the demolition of these properties. The resolution would award the bid to the lowest bidder, Belair Excavating. • 09/13/99 -1- DRAFT Council discussed the procedure and the timing for the demolition. Mr. McCauley said that the • demolition will occur soon. RESOLUTION NO. 99-16 Commissioner Nelson introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID T . AND AWARDING CONTRACT FOR DEMOLITION OF 6912, 6918, 6932, 6935, 6938, 6944 JUNE AVENUE NORTH AND 6938 BROOKLYN BOULEVARD, BROOKLYN CENTER, MINNESOTA The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Lasman. Motion passed unanimously. 4b. PRELIMINARY EDA 2000 TAX LEVY AND BUDGET 1. RESOLUTION APPROVING THE PRELIMINARY BROOKLYN CENTER ECONOMIC DEVELOPMENT AUTHORITY BUDGET FOR THE YEAR 2000 PURSUANT TO MSA CHAPTER 469.107, SUBDIVISION 1 2. RESOLUTION REQUESTING THE CITY OF BROOKLYN CENTER TO LEVY TAXES FOR THE BENEFIT OF THE BROOKLYN CENTER ECONOMIC DEVELOPMENT AUTHORITY FOR THE YEAR OF 2000 Mr. McCauley discussed these resolutions would approve the preliminary budget for the year 2000 and request to levy taxes for the benefit of the EDA for the year 2000. The budget is in preliminary stages and numbers may be adjusted. RESOLUTION NO. 99 -17 Commissioner Peppe introduced the following resolution and moved its adoption: RESOLUTION APPROVING THE PRELIMINARY BROOKLYN CENTER ECONOMIC DEVELOPMENT AUTHORITY BUDGET FOR THE YEAR 2000 PURSUANT TO MSA CHAPTER 469.107, SUBDIVISION 1 The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Lasman. Motion passed unanimously. 09/13/99 -2- DRAFT RESOLUTION NO. 99-18 Commissioner Nelson introduced the following resolution and moved its adoption: RESOLUTION REQUESTING THE CITY OF BROOKLYN CENTER TO LEVY TAXES FOR THE BENEFIT OF THE BROOKLYN CENTER ECONOMIC DEVELOPMENT AUTHORITY FOR THE YEAR OF 2000 The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Lasman. Motion passed unanimously. 5. ADJOURNMENT A motion by Commissioner Hilstrom, seconded by Commissioner Lasman to adjourn the meeting at 7:47 p.m. Motion passed unanimously. President • 09/13/99 -3- DRAFT • MINUTES OF THE PROCEEDINGS OF THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION SEPTEMBER 13, 1999 CITY HALL 1. CALL TO ORDER The Brooklyn Center Housing and Redevelopment Authority (HRA) met in regular session and was called to order by Chair Myrna Kragness at 7:48 p.m. 2. ROLL CALL Chair Myrna Kragness, Commissioners Debra Hilstrom, Kay Lasman, Ed Nelson, and Robert Peppe. Also present: Executive Director Michael J. McCauley, Assistant City Manager/HR Director Jane Chambers, City Attorney Charlie LeFevere, and Recording Secretary Maria Rosenbaum. 3. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Commissioner Peppe, seconded by Commissioner Lasman to approve the agenda and consent agenda. Motion passed unanimously. 3a. APPROVAL OF MINUTES A motion by Commissioner Peppe, seconded by Commissioner Lasman to approve the minutes from the special session on December 14, 1998. Commissioner Nelson abstained from the vote because he was not present at the meeting. Motion passed. 4. COMMISSION CONSIDERATION ITEMS 4a. HRA 2000 TAX LEVY AND BUDGET 1. RESOLUTION ESTABLISHING THE PRELIMINARY TAX LEVY FOR THE BROOKLYN CENTER HOUSING AND REDEVELOPMENT AUTHORITY FOR THE YEAR 2000 2. RESOLUTION APPROVING THE PRELIMINARY BROOKLYN CENTER HOUSING AND REDEVELOPMENT AUTHORITY • BUDGET FOR THE YEAR 2000 PURSUANT TO MSA CHAPTER 469.003, SUBDIVISION 6 AND MSA CHAPTER 469.107, SUBDIVISION 1 9/13/99 -1- DRAFT Executive Director Michael McCauley discussed these resolutions would approve establishing the preliminary tax levy for the year 2000 and the preliminary budget for the year 2000 for the HRA. 40 RESOLUTION NO. 99 -01 Commissioner Hilstrom introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING THE PRELIMINARY TAX LEVY FOR THE BROOKLYN CENTER HOUSING AND REDEVELOPMENT AUTHORITY FOR THE YEAR 2000 The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Peppe. Motion passed unanimously. RESOLUTION NO. 99 -02 Commissioner Hilstrom introduced the following resolution and moved its adoption: RESOLUTION APPROVING THE PRELIMINARY BROOKLYN CENTER HOUSING AND REDEVELOPMENT AUTHORITY BUDGET FOR THE YEAR 2000 PURSUANT TO MSA CHAPTER 469.033, SUBDIVISION 6, AND MSA CHAPTER 469.107, SUBDIVISION 1 The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Lasman. Motion passed unanimously. 5. ADJOURNMENT A motion by Commissioner Hilstrom, seconded by Commissioner Nelson to adjourn the meeting at 7:50 p.m. Motion passed unanimously. Chair 0 9/13/99 -2- DRAFT 0 City Council Agenda Item No. 6b 0 • 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 Clerk DATE: x E. September 22, 1999 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 September 27, 1999: RENTAL Renewal 5105 Brooklyn Boulevard George A. Lucht 7218 -24 West River Road Arlene Johnson 2309 54th Avenue North Robert Messersmith 5338 -40 Queen Avenue North Robert Messersmith 5329 Penn Avenue North J. G. Strand 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 I City of Brooklyn Center ADDITION A great place to start. A great place to stay. e MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Maria Rosenbaum, Deputy City Clerk DATE: September 22, 1999 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 September 27, 1999: SIGN HANGER Graphic House, Inc. 9204 Packer Drive, Wausau, WI I 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. 6c ��ppKLYH C$/yT BROOKLYN CENTER POLICE DEPARTMENT POLICE MEMORANDUM TO: Sharon Knutson, City Clerk FROM: Joel Downer, Chief of Polic DATE: September 15, 1999 SUBJECT: Application for Exempt Permit (Raffle) Wilderness Inquiry . The Brooklyn Center Police Department received an Application for Exempt Permit from the Wilderness Inquiry. This application is for an event to be held at the Earle Brown Heritage Center on Friday, November 5, 1999. This application has been approved and will be returned to the Brooklyn Community Chamber of Commerce representative after City Council review. The representative will forward it to the State Gambling Control Board. If you or any member of the City Council objects to issuing this license, you must notify me within 30 days according to Minnesota State Statute. JD:kh Page 1 of 2 For Board use Onty Minnesota Lawful Gambling 10/98 Fee Paid Application for Exempt Permit - LG220 Check No. Organization Information Initials Organization name Previous lawful gambling exemption number � � lle✓ ss �h U rrr� /- DL I l � Street / City State /Zip Code County /3 i3 �i� Sf�2e f S� /r /irr���;,�>`rs i�il�; 55'{ /y �/er��eivi Name of chief executive officer (CEO) of organization Daytime phone number of First name �� Last name CEO: ( 6 ) ; 7 3 i'S J bars Name of teasurer of organization Daytime phone number of First name Last name D R y� treasurer: ((� ✓� ) ,ys- &� /� rreI? /�C'�t'So/-7 Type of Nonprofit Organization Check the box that best describes your organization: ❑ Fraternal ❑ Religious ❑ Veteran [D] Other nonprofit organization Check the box that indicates the type of proof your organization attached to this application: ❑ IRS letter indicating income tax exempt status ❑ Certificate of Good Standing from the Minnesota Secretary of State's Office ❑ A charter showing you are an affiliate of a parent nonprofit organization roof previously submitted and on file with the Gambling Control Board Gambling Premises Information Name of premises where gambling activity will be conducted (for raffles, list the site where the drawing will take place) � / / Address (do not use PO box) City State/Zip Code County 6 1S5 a r1Q 8r0,vq )'root ee- filer- AN SS 3U y� dlr?E1ir� f� Date(s) of activity (for raffles, indicate the date of the drawing) Check the box or boxes that indicate the type of gambling activity your organization will be conducting: ❑ `Bingo 52 ❑ "Paddlewheels ❑ *Pull -Tabs ❑ `Tipboards "Equipment for these activities must be obtained from a licensed distributor. This form will be made available in altemative Your name and and your organization's name Private data about you are available only to the format (i.e. large print, Braille) upon request. The and address will be public information when following: Board members, staff of the Board information requested on this form (and any received by the Board. All the other information whose work assignment requires that they have attachments) will be used by the Gambling that you provide will be private data about you access to the information; the Minnesota Control Board (Board) to determine your until the Board issues your permit. When the Department of Public Safety; the Minnesota qualifications to be involved in lawful gambling Board issues your permit, all of the information Attorney General; the Minnesota Commissioners activities in Minnesota. You have the right to that you have provided to the Board in the of Administration, Finance, and Revenue; the refuse to supply the information requested; process of applying for your permit will become Minnesota Legislative Auditor, national and however, if you refuse to supply this information, public. If the Board does not issue you a permit, international gambling regulatory agencies; is the Board may not be able to determine your all the information you have provided in the anyone pursuant to court order; other individuals qualifications and, as a consequence, may refuse process of applying for a permit remains private, and agencies that are specifically authorized by to issue you a permit. If you supply the with the exception of your name and your state or federal law to have access to the information requested, the Board will be able to organization's name and address which will information; individuals and agencies for which process your application. remain public. law or legal order authorizes a new use or sharing of information after this Notice was given; and anyone with your consent. � Page 2of2 + � Application 10/98 ( �� 1/ / ^ � Organization Name /n�/4!�^)?eSJ ��/ ` / �����V�n�of ol��t (Required by � � � On behalf of the city, ! acknowledge this application Dn behalf ofthe county, l acknowledge this � and three options for the city: and three options for the 1 ^���ro�w��m�����ca��m' 8vto�ngnoacUon ' the 1. x���rm�����s����c���gm: By ' ^ -^ � ' /oUo�a�haBoord�oinouaopennito�* 3Odava � the�h/o||oxvothe Board to issue o permit after county ' ���'- 30 d ' (0Od�yef�ra���c�anodv). 2. Waive the above-noted mmaQ5n � d The county ^ ` ^' allows the Board to issue a permit before 3Odays. . 2. Waive the above-noted waiting period: The Documentation attached. oih/ oUoxva the Board to issue o permit before 3. Deny the application by passing o resolution within 3D days (GO days for o first class cdv). Docu' 30 days. mentaUonattached. Print name ofcounty: 3. Deny the application bv passing aresolution within 3O days AGO days for a first class oity\. (Signature of county personnel receiving application) ��-� �J /� �� Title of J K�\ � Pr��«�\ Date 11 11A AA (5\gnatunao[ city personnel receiving application) [}n behalf of the township, | acknow that the `�� ������ orgon�raboniaapplying forexamptadgonnb|ingocUvity Date �Ue_-_\// `\ �~^ m . within the township limits. Atovvnamp has no statutory authority to approve or deny on application (K8inn.Stad. sec. 34B.213.aubd.2). -�~ Print name nftownship: (Signature of township official acknowledging opp|icoUon) � Title Dote Chief Executive Officer's Signatu The information provided |n this opp|i i stofmykncwv(odgo. Chief Executive Officer's signature � /'-> /-;?I's ^' q � �� Name (please p�n� \�v' 'y D ` . . � Mail Application and Attachment(s) At least 45 days • the completed application; • a copy- of your proof of nonprofit status, and ^ a $25 check payable to "State ofK8in ' Application fees are not prorated, � Send to: Gambling Control Board 1711 West County Road B, Suite 30DSouth Roseville, IVIN 55113 If your application has not been acknowledged by the local unit of government do not send the application to the Gambling Control Board. City Council Agenda Item No. 6d I MEMORANDUM DATE: September 22, 1999 TO: Michael McCauley, City Manager ,rye FROM: Michael Krech, Public Works Specialist t" SUBJECT: Resolution Accepting Bid and Awarding a Contract, Improvement Project No. 1999 -19, Contract 1999 -M, Rehabilitation of Wellhouses #5 and #6 Summary Explanation The Capital Improvement Program has allocated funds for the rehabilitation of the exterior of the older wellhouses, specifically wellhouses 5 and 6. These wellhouses are in residential areas where their exterior appearance is most noticeable to the public. Bids for Contract 1999 -M were received and opened on September 22, 1999 at 11:00 a.m. The bidding results are tabulated as follows: Bidder Bid Opened Amount Corrected Total Municipal Builders, Inc. $193,600.00 EnComm Midwest, LLC $233,333.00 ® NewMech Companies, Inc. $235,000.00 Lund Martin Construction, Inc. $238,200.00 United Contracting Corp. $267,000.00 Maertens- Brenny Construction Company $ 2,685.40 $268,540.00 Magney Construction, Inc. $296,600.00 Of the seven (7) bids received, the lowest bid of $193,600.00 was submitted by Municipal Builders, Inc. The total Engineer's Estimate for the project was $205,000.00. Municipal Builders, Inc. has proven experience in performing all of the requirements included in this contract. Municipal Builders contracted with the City of Brooklyn Center previously to complete reconstruction and upgrade work done for Lift Station #1. Accordingly, staff recommends acceptance of the low bid and award of the contract to Municipal Builders. Recommended City Council Action Approve the attached resolution accepting the low bid and awarding a contract to Municipal Builders. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT, IMPROVEMENT PROJECT NO. 1999 -19, CONTRACT 1999 -M, REHABILITATION OF WELLHOUSES #5 & #6 WHEREAS, pursuant to an advertisement for bids for Improvement Project No. 1999 -19, bids were received, opened, and tabulated by the City Clerk and Engineer on the 22nd day of September, 1999. Said bids were as follows: Bidder Bid Opened Amount Corrected Total Municipal Builders, Inc. $193,600.00 EnComm Midwest, LLC $233,333.00 NewMech Companies, Inc. $235,000.00 Lund Martin Construction, Inc. $238,200.00 United Contracting Corp. $267,000.00 Maertens - Brenny Construction Company $ 2,685.40 $268,540.00 Magney Construction, Inc. $296,600.00 WHEREAS, it appears that Municipal Builders, Inc. is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The Mayor and City Manager are hereby authorized and directed to enter into a contract with Municipal Builders, Inc. of Anoka, Minnesota in the name of the City of Brooklyn Center, for Improvement Project No. 1999 -19, according to the plans and specifications therefor approved by the City Council and on file in the office of the City Engineer. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until a contract is signed. 3. The estimated project costs and revenues are as follows: • I RESOLUTION NO. COSTS Engineer's Estimate As Amended Per Low Bid Contract $205,000.00 $193,600.00 Contingency $4,000.00 $4,000.00 Subtotal $209,000.00 $197,600.00 Admin/Legal /Engr. $16,000.00 $16,000.00 Total Estimated Project Cost $225,000.00 $213,600.00 REVENUES Water Utility Fund $225,000.00 $213,600.00 Total Estimated Revenue $225,000.00 $213,600.00 • 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. 6e MEMORANDUM DATE: September 22 1999 TO: Michael J. McCauley, City Manager FROM: Joyce Gulseth, Public Works Administrative Aide SUBJECT: Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees The attached resolution represents the official Council action required to expedite removal of the trees most recently marked by the City tree inspector, in accordance with approved procedures. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES WHEREAS, a Notice to Abate Nuisance and Diseased Tree Removal Agreement has been issued to the owners of certain properties in the City of Brooklyn Center giving the owners twenty (20) days to remove diseased trees on the owners' property; and WHEREAS, the City can expedite the removal of these diseased trees by declaring them a public nuisance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The diseased trees at the following addresses are hereby declared to be a public nuisance: TREE PROPERTY OWNER PROPERTY ADDRESS NUMBER ------------------------------------------------------------------------------------------------- DENNIS & BARBARA JOHNSON 5432 BRYANT AVE N 177 STEPHEN & SANDRA FIX 3806 56TH AVE N 178 MICHAEL & CHARICE GOUDE 3812 56TH AVE N 179 2. After twenty (20) days from the date of the notice, the property owner(s) will receive a second written notice providing five (5) business days in which to contest the determination of the City Council by requesting, in writing, a hearing. Said request shall be filed with the City Clerk. 3. After five (5) days, if the property owner fails to request a hearing, the tree(s) shall be removed by the City. All removal costs, including legal, financing, and administrative charges, shall be specially assessed against the property. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor • thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 6f • MEMORANDUM DATE: September 22, 1999 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Works SUBJECT: Resolution Providing for the Deletion of a Certain Special Assessment from Levy No. 14565 On September 13, 1999, the City Council by Resolution 99 -35 approved Special Assessment Levy No 14565 for Southeast Neighborhood Street Improvements. The attached resolution amends the respective levy rolls to provide for the deletion of a special assessment that was erroneously included on Levy No. 14565. The property had previously been assessed for street improvements on 53rd Avenue. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION PROVIDING FOR THE DELETION OF A CERTAIN SPECIAL ASSESSMENT FROM LEVY NO. 14565 WHEREAS, City street improvement special assessment policy provides single - family residential property owners fronting on two streets a choice of which street improvement projects for which they wish to be assessed; and WHEREAS, one property which had previously been assessed for street improvements on 53rd Avenue was erroneously included on Levy #14565, adopted by the Council on September 13, 1999. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the following special assessment is hereby deleted from Levy No. 14565: Flame Address Amount pmi# Arlis & Charles Levangie 5301 Girard Avenue N $2,120.00 01- 118 -21 -33 -0017 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. 0 City Council Agenda Item No. 6g • 0 City of Brooklyn Center A great place to start. A great place to stay. MEMORANDUM TO: Mayor Kragness, Councilmembers Hilstrom, Lasman, Nelson, and Peppe FROM: Michael J. McCauley, City Manager DATE: August 12, 1999 SUBJECT: Order for 2000 Police Squads The regular replacement of police squads in 2000 is before you in the form of authorizing the order that would be placed through the Hennepin County contract. The squads would be ordered in 1999 to assure delivery in the early part of 2000. Thus, while the order is placed in 1999, it will not be filled until 2000. We have previously done this with this type of equipment so that we receive an allocation in a timely fashion in the following year. 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 Purchase order This order number MUST �0 1 10093 CITY OF BROOKLYN CENTER appear on your invoice. 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 I CHARGE TO TELEPHONE 569 -3300 PROGRAM NO. ACCOUNT NO. AMOUNT 1 7 8 C TO: � v�e 1ZIOR 'oR JD I I ( I I � I I Date )C:/n/ - %c QUANTITY UNIT DESCRIPTION PRICE (PER TOTAL e _ 4000 CRo wN t r'o L r ,= .1N;r ,e ?D;� ? -74i oU / b© �XTE/E' /UR V ,j3P•r¢NT W� / / P I I I 2PT10N s ; BcR F— lo-AlL / PCB O-(f�r/ N4 -+ z3 00 I % f .� 0 S iS - l�iNyL PH�2 ' sEAT �L /eu. oy= G't orH I s8 a0 II 290 bo 7- APLT /Pte V v l iS - Ac ue-el e zl &e, - FL t/ I f 3Y 0 0 II l 70 DO - / crJ11 / 12 ° v .sus ".:. Lie tc. 07 - F.sti� y�� o►�e,es �2S 0 0� II �l :2-15 0 P 1 l h i v ,V..S - �o•uT�eou By7j�2ivly z¢FPoa�, I t /R 00 II 90 O o � p!(. Y► f ! G- OC'/�" l O(/TieO�CA �4 �P/ J�. � �� I �� II f25"1i- 3 cfk 7S D00 1.340 00 4„ -DO O O II / /a'qeo 0 0 I I I II I I II I I II II I Purpose of Order �'��/H!'PMPn�r �� /' /f��KEJS (JAI)F s �S ����pved �00o `/aPi Ti`�Z CYU7'LAu ! vD6E'T l/�LL°,C?e� TLj �.(> J eA A) &q, as ordered on . 19 Signed PURCHASING AGENT City Council Agenda Item No. 6h 3 City of Brooklyn Center A great place to start. A great place to stay. MEMORANDUM TO: Mayor Kragness, Councilmembers Hilstrom, tasman, Nelson, and Peppe FROM: Michael J. McCauley, City Manager DATE: September 23, 1999 SUBJECT: Public Hearing on Levy Certification Tax Rate Increase I would request setting October 11, 1999, for public hearing on the levy certification tax rate increase. 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 City of Brooklyn Center A great place to start. A great place to stay. 0 September 23, 1999 MEMO TO: Michael J. McCauley, City Manager FROM: �` ane A. Chambers, Assistant City Manager /HR Director SUBJECT: Construction Update Report At its meeting Monday September 27, 1999, Mr. John Bossardt of Bossardt Corporation will be present to present a brief report to the City Council regarding the status of the construction of the new Police and Fire Stations, as well as the remodel of Fire Station East. Each of the projects is nearing completion. Mr. Bossardt will give the Council an overview of how the projects have gone and when we can anticipate final completion. cc: John Bossardt, Bossardt Corporation 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. 7b MEMORANDUM DATE: September 21, 1999 TO: Michael J. McCauley, City Manager , yy FROM: Diane Spector, Director of Public Work SUBJECT: Resolution Authorizing Cost Participation in the Shingle Creek Watershed Management Commission's Twin Lakes Study, and Reallocating Funds The Shingle Creek Watershed Management Commission is in the process of studying the Twin Lakes. Attached are a copy of a memo from May, 1999 explaining the study, and a letter which was sent to property owners abutting the lakes. The study is nearing conclusion, with discussion of the study and recommendations expected at the October and November watershed meetings. The Watershed Commissioners approved this $45,000 study with the expectation that Brooklyn Center, Robbinsdale, and Crystal would contribute financially to its cost, as they receive the most direct benefit from the study. A $10,000 grant from the Met Council was also received to help offset the cost of the study. At the outset of the Twin Lake Study, we knew that the Palmer Lake Study would not require all the funds budgeted for it, and that excess funds could be considered for reallocation to the Twin Lake Study. As you will recall, the City Council appropriated $30,000 in the 1999 Storm Drainage Utility budget to fund a study of the Palmer Lake basin and which would identify necessary improvements to the basin. The consultant has completed the study and made recommendations. We are now working with that consultant, WSB & Associates, to refine two project concepts and to prepare an application for a Met Council MetroEnvironment Partnership Grant to help fund these projects. The total cost of the Palmer Lake Study is just under $22,000, with some small additional expense relating to development of the grant application to be expected. It is reasonable to expect that $7,500 of the funds budgeted for the Palmer Lake Study will be excess and could be considered for reallocation to the Twin Lake Study. A resolution authorizing cost participation in the Twin Lakes Study and reallocating $7,500 from the Palmer Lake Study to the Shingle Creek Watershed Management Commission is attached for Council consideration. I Member introduced the following resolution and moved its . adoption: RESOLUTION NO. RESOLUTION AUTHORIZING COST PARTICIPATION IN THE SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION'S TWIN LAKES STUDY, AND REALLOCATING FUNDS WHEREAS, the 1999 Storm_ Drainage Utility Fund budget included $30,000 to finance a study of the Palmer Lake Basin; and WHEREAS, the cost of said Palmer Lake Study is considerably less than the amount budgeted, with approximately $7,500 unspent; and WHEREAS, the Shingle Creek Watershed Management Commission has in 1999 undertaken a diagnostic study of Twin Lakes to diagnose water quality issues and identify any improvements which can be made to improve water quality; and WHEREAS, the Watershed Management Commission has asked Brooklyn Center, Crystal, and Robbinsdale to participate financially in the cost of said Twin Lakes Study, on the basis that the residents of these communities would benefit most directly from the results of the study. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn . Center, Minnesota that: 1. Cost participation in the Twin Lakes Study is hereby approved. 2. The sum of $7,500 is hereby reallocated from the Palmer Lake Study to the Twin Lake Study. Staff are hereby directed to forward $7,500 to the Shingle Creek Watershed Management Commission for this purpose. 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. X B ROOKLYN TER Public Works Department L '�k MEMORANDUM Engineering TO: Michael J. McCauley, City Manager Streets 4?6 FROM: Diane Spector, Director of Public Works Parks SUBJ: Twin Lakes Study `i' s* � Public DATE: May 17, 1999 Utilities Central Garage The Shingle Creek WMO has begun a "diagnostic study" of the Twin Lakes and their watershed. The intent of the study is to evaluate the sources and magnitudes of pollutants, and to identify possible measures for improving water quality in the lakes. Watershed Management Continuous flow monitoring and biweekly sampling will occur from May, 1999 to September, 1999. Aquatic plant surveys will be conducted in the spring and in the fall. e Due to this study, there should be no in -lake treatment in Upper or Middle Twin lake in 1999. The cost of this study is estimated to be about $45,000. The WMO will finance most of the study, with some contribution expected from Brooklyn Center, Crystal, and Robbinsdale. I have identified $8,000 in Storm Drainage Utility funds which could be reallocated to this study: $30,000 was budgeted for the Palmer Lake study, which will be completed for about $22,000. The WMO is applying for a $20,000 grant from the Met Council's Local Water Resources Management Plan Grant Program, and has a high probability of obtaining this grant. Within the next few weeks I will get together with the watershed engineer and watershed commissioners from Crystal and Robbinsdale to prepare information to mail to lakeshore residents. I will also prepare information for the next City Watch. I ® July 2, 1999 Dear Resident: A property you reside at abuts Upper, Middle, or Lower Twin Lake. This letter is to inform you that the Shingle Creek Watershed Management Organization has initiated a water quality study of the Twin Lakes which will last from May through October, 1999. The purpose of this study is to evaluate the "health" of the lakes, diagnose water quality issues, and to identify any improvements which can be made to improve water quality. This study includes continuous water inflow and outflow gauging and rainfall event gauges, to determine the volume of water entering and leaving the lakes; periodic water column testing to evaluate water quality using several parameters; lake sediment/water column interface sampling; and spring and fall vegetation surveys. To accurately assess the health of the lake, it is important that no chemical treatments be introduced, so no large -scale treatment will be conducted on any of the lakes in 1999. We also ask that individual property owners refrain from treating the area around their lakeshore. It is important to note that the Shingle Creek Watershed Management Organization is a joint powers organization comprised of representatives from the nine cities having land within the Shingle Creek watershed. This WMO does not construct improvement projects or take on projects such as lake treatments. These are the responsibility of the individual cities. The WMO studies and regulates matters in the watershed in a comprehensive way, with implementation at the city level. If this study identifies potential improvements which could benefit water quality, the cities of Brooklyn Center, Crystal, and Robbinsdale would be responsible for coordinating and funding improvements. Attached is some information about the study as it was proposed by the engineer for the watershed. The watershed has received a $10,000 grant from the Metropolitan Council's Local Water Resources Management Plan Grant Program. The balance of the cost of the study is being funded by the watershed and the three cities. While we will not have any results of the study until late this fall, if you do have questions or comments in the meantime, please feel free to contact the watershed commissioner in your community: Brooklyn Center: Diane Spector, 569 -3340 Crystal: Tom Mathisen, 531 -1160 Robbinsdale: Lori Hoebelheinrich, 537 -4534 I s City Council Agenda Item No. 7c ® MEMORANDUM DATE: August 31, 1999 TO: Michael McCauley, City Manager FROM: Scott Brink, City Engineer - tl« SUBJECT: Final Plat Approval - JOSLYN ADDITION On August 23, 1999. The City Council approved Planning Commission Application No. 99007 providing for preliminary plat approval to subdivide three existing parcels of land into three new lots and an outlot with different boundaries and configuration. The property includes the old Joslyn pole yard property(4837 France Avenue North), the Davies Water Company site(4010 Lakebreeze Avenue), and an off -site accessory parking lot for the Northwest Athletic Club(3950 Lakebreeze Avenue). The area is bounded on the west by Twin Lake; on the north by the Soo Line Railroad; on the east by France Avenue and the Dale Tile /Minnesota Sketchbook property; and on the south by Lakebreeze Avenue, Azelia Avenue right of way and R -4 zoned property. Also included in the plat is the dedication of the westerly half of France Avenue and an area for A termination of Azelia Avenue. Additional street easement along Azelia Avenue has been requested to provide for access into the Phase 1 (Wickes Distribution Center) development of the site. In addition, as part of proposed fixture improvements to T.H. 100, Mn/Dot has proposed a possible extension or re- routing of France Avenue from 50th Avenue north, west and southwesterly through the site and connecting with Azelia Avenue. Additional street easement from Lakebreeze has therefore been requested to accommodate any possible future improvements to Lakebreeze as well. In the event additional right of way or street easement through the site is needed for a re -route of France Avenue, Mn/Dot would be responsible for any acquisition or costs associated with. However, in the event the re -route of France, or extension of Azelia through the site does not happen, Azelia Avenue will be required to terminate as a full cul -de -sac, and the plat must provide additional dedication for the cul -de -sac as required. Summary and Recommendation The applicant has submitted the appropriate application and fee. Approval of the final plat is also subject to all conditions previously established as part of the preliminary plat approval, including the following: • Review and Approval by the City Engineer • Provisions of Chapter 15 of the City Ordinances • The plat shall be modified prior to final execution by the City to indicate the following: a. Additional right -of -way or street easement from Lakebreeze Avenue and Azelia Avenue as required q d by the City Engineer. C. Additional roadway dedication to provide for a hammerhead turn around at the north end of Twin Lake and Lakeview Avenues as required by the City Engineer. Upon submittal of a final plat application, the City Code allows the City to act upon the application within 60 days, provided all conditions have been met. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING FINAL PLAT - JOSLYN ADDITION WHEREAS, the Brooklyn Center City Council on August 23, 1999, approved Planning Commission Application No. 99007, providing preliminary plat approval submitted by Twin Lakes II, LLC; and WHEREAS, the property owner (applicant) has applied for Final Plat Approval as required by the City Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the plat of JOSLYN ADDITION is hereby approved subject to the following conditions: I . Any additional requirements of the City Engineer or City Attorney. 2. Any additional provisions of Chapter 15 of the city ordinances. 3. An other conditions of Hennepin Count as required. Y p Y q 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. s City Council Agenda Item No. 7d Office of the City Clerk City of Brooklyn Center A great place to start. A great place to stay. MEMORANDUM TO: Michael I McCauley, City Manager FROM: Sharon Knutson, City Clerk jAaAtA DATE: September 14, 1999 SUBJECT: An Ordinance Amending Chapter 23 of the Brooklyn Center City Ordinances by Adding New Sections 23 -2301 Through 23 -2314 Thereto Establishing License Regulations for Tattoo and Body Piercing Establishments At its September 13, 1999, meeting, the City Council reviewed the materials prepared by the City Attorney regulating tattoo and body piercing establishments. The ordinance is offered this evening for a first reading and setting date of second reading and public hearing for October 25, 1999. A resolution establishing license and investigation fees will be presented at the October 25, 1999, meeting. 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 1 Y g p an g wi 1 be held on the 25th day of October, 1999, at 7 p.m. or as soon thereafter as the matter may be heard at City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Amending Chapter 23 of the Brooklyn Center City Ordinances b Adding g p Y Y Y g New Sections 23 -2301 Through 23 -2314 Thereto Establishing License Regulations for Tattoo and Body Piercing Establishments. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the City Clerk at 612 -569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 23 OF THE BROOKLYN CENTER CITY ORDINANCES BY ADDING NEW SECTIONS 23 -2301 THROUGH 23- 2314 THERETO ESTABLISHING LICENSE REGULATIONS FOR TATTOO AND BODY PIERCING ESTABLISHMENTS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 23 of the City Ordinances of the City of Brooklyn Center is hereby amended by adding new Sections 23 -2301 through 23 -2314 as follows: Section 23 -2301. FINDINGS AND PURPOSE, The purpose of this section is to regulate the business of tattooing and /or bor3.y piercing in, order to protect the general health. safety. and welfare of the community. a. The Citv Council finds that the experience of other cities indicates that there is a connection between tattooing/body piercing and hepatitis and other health problems. b. The Citv finds tbat stringent regulations governing tattooing and body piercing can minimize the hepatitis and disease risk. and therefore protect the general health. safetv. and welfare of the community. C. It is not the intent to prohibit tattoo and/or body piercing establishments from having_ a reasonable opportunity to locate in the Citv. Section 23 -2302. DEF RgITIONS. T he following words and terms when used in Sections 23 -2301 through 23 -2314 sha have the following meanings un less the context clearly otherwise: a. Bodv Piercing: Penetr or making a ho le in or through the human body to place • iewelry or ob of metal. plastic. wood. bone. or other foreign material on anv_ area for cosmetic purposes. ORDINANCE NO. b. Branding: The use of heat. cold. or anv chemical compound to imnrint permanent markings on human skin by any means other than tattooing. C. Clean: The absence of dirt grease. rubbish. garbage. and other offensive. unsightly. or extraneous matter. d. Operator: Any person who performs or practices the art of tattooing and /or body. piercing on another person in connection with the operation of a tattoo and/or body piercing establishment and receives compensation from the owner of the business or its patrons. e. Good Repair: Free of corrosion. breaks. cracks. chips. pitting. excessive wear and tear. leaks. obstructions. and similar defects so as to constitute a sanitary. workable. and sound condition. f. Issuing Authoritv The City Manager or th e Manager's designee. g_ Owner: Any individual. firm, company. corporation. or association that owns an ® establishment where tattooing and/or body piercing is performed. h. Scarification: The cutting or tearing of human skin for the purpose of creating a permanent mark or design on the skin. i. Tattoo. Tattooin The marking of t he skin of a person by insertion of permanent colors by introducing them through puncture of the skin. Section 23 -2303. BUSINESS I.TCENSE REQUIRED. No person. partnership. or corporation shall operate any establishment where tattooing and/or body piercing is practiced. nor enga in the practice of tatt and /or body piercing wit hout being licensed under Sections 23- 2301 through 23 -2314. Jewelry stores and. a ccessory stores that exc lusively provide ear piercing services using piercing guns shall be exempt from this license agreement. The application for a tattooing and/or bod piercin establis business license shall be submitted on a form provided by the City and shall include: a. If the applicant is an individual. the name. residence. phone number. and birth date of the applicant. If the applicant is a partnership. the name. residence. phone number.. and birth date of each general and limited partner. If the applicant is a corporation. the names. residences. phone numbers. and birth dates of all those persons holding is more than five (5) percent of the issued and outstanding stock of the corooration. ORDINANCE NO. b. The name. address. phone nrambe and birth date of the mana of such establishment. if different from the owners. C. The address and legal description of the premises where the tattoo and /or body_ piercing establishment is to be located. d. A statement detailing any conviction relating to tattooing and/or body piercing or the operation of a tattoo and/or body piercing establishment by the applicant or manager, and whether or not the applicant or manager has ever applied for or held a license to operate a similar type of business in other communities. In the case of a corporation., a statement detailing anv felony c onvictions by the owners of more than five (5) percent of the issued and outstanding stock of the corporation and whether or not those owners have ever applied for or held a license to operate a similar tvpe of business in other communities. e. The activities and types of businesses to be conducted. f. The hours of operation. ® g_ The provisions made to restrict access-by minors. b. A building plan of the premises detailing al l internal operations and activities. i. Whether the applicant has previously been, denied a license of this type by anv other government unit. The names. street addresses. and business addresses of three (3) residents of Dakota. Hennepin. Ramsey. Anoka Washington. Scott. or Carver Counties who are of good . moral character and who are not related to the applicant and not holding anv ownership in the premises or business. who may be referred to as to the applicant's character. k. Whether all real estate and personal property taxes that are due and payable for the premises to be licensed have been paid. and if not paid. the years and amounts that are unpaid. 1. All applications for a license under Sections 23 -2301 through 23 -2314 shall be signed and sworn to. If the application is that of a natural person. it shall be signed, and sworn to by such person: if that of a corporation. by an officer thereof: if that of a partnership, by one of the general partners: and if that of an unincorporated, • association. by the manager or managing officer thereof. Any _ falsification on a license application shall result in the denial of a license.. ® ORDINANCE NO. All applications shall be referred to the Issuing Authority for verification and investigation of facts set forth in the application. including any necessary criminal background checks to assure. compliance with Sections 23 -2301. through 2,3 2314. The application shall be issued or denied by the Issuing Authoritv in accordance with Sections 23 - ?301 through 23 -2314. Section 23 -2304. PERSONAL SERVICE LICENSE. No operator shall perform tattoo . and/or bodv piercin services within the City without being; license as p rovided in this section. Any person desiring a person service license shall fi le a. writt ap plication on a form provided by the Citv. The application shall include the following information: a. The business address and all tele_nhone numbers where the service is to be practiced or based. b. The name. birth d ate. complete home address and telephone number of the applicant. C. The tattoo and /o body piercing business histor and experience. including but not limited to whether or not the applicant, in previously operating in this or another city or state under license or hermit, ha.s had such license or permit denied. revoked. or suspended and the reas therefor, and the business activities or occupations subseauent to such action of denial, suspension, or revocation. d. All criminal convictions other than misdemeanor traffic violations. fully disclosing the iurisdiction in which convicted or arrested and the circumstances thereof. e. All applications for a license under Sections 23 -2301 through 23 -2314 shall be. 5ianed and sworn to by the applicant. Any falsification on a license application shall result in the denial of a license. All applications shall be referred to the Issuing Mthority for verification and investigation of facts set forth in the ap plication, including any nece ssary cr iminal background checks to assure compliance with Sections 23 -2301 thr 23 -2314. The application shall be issued or denied by the Issuing Authority in accorda with Sections 23 -2301 t hrough 23 -2314. Section 23 -2305. LICENSE FEE. a. The annual license fee is set by City Council resolution.. b. Each application for a license shall be submitted to the City Clerk and payment made to the City. Each appli for a licens shall be accompanied by pavment in full ® of the reauired license fee. TJpon rejection of anv annlication for a license. the applicant may be refunded a portion of the license fee in accordance with the fee. ORDINANCE NO. resolution. ex cept wh ere reje is for a willfu misstatement in the license application. C. All licenses shall expire on the last day of December in each year. Each license shall be issued for a period of one (1) year. except that if a portion of the license year has elapsed when application is made. a license may be issued for the remainder of the. vear for a prorated fee. In computing such fee. anv_ unexpired fraction of a month, shall be counted as one (1) month. d. Once a license has been granted, no part of the fee paid by any licensee shall be refunded. except that a prorated portion of the fee shall be refunded in the event of the complete closure of the business and cessation of business activities for anv of the following reasons and upon application to the Citv Clerk within thirtv (30) days from the happening of the event, provided that such event occurs more than thirty (30) days before the expiration of the license:. 1. Destruction or damage of the licensed premises by fire or other catastrophe. 2. The licensee's illness. 3. The licensee's death. 4. A change in the legal status making it unlawful for licensed business to, continue. e. Each application shall contain a. provision on the application indicating that any withholding of information or the providing of false or misleading information will be grounds for denial or revocation of a license. Any changes in the information provided on the application or provided during the investigation shall be brought to, the attention of the Citv Clerk by the applicant or licensee. If said changes take place. during the investigation. said data shall be nrovided to the Police Chief or the City Clerk in writing. Section 23 -2306. INVESTIGATION FEE a. At the time of the original application for a license. the applicant shall deposit the investigation fee set by City Council resolution. Section 23 -2307. GRANTING OF LICENSE • a. The Issuing Authoritv shall complete his/her investigation within thirty (30) days after the Citv Clerk receives a complete application and all license and investigation ORDINANCE NO. fees. b. If. after such investigation_ it appears that the applicant and the place proposed for the business are elieible for a license under the criteria set forth in this section. then the license shall be issued by the City Council within thirty (30) dav_ s after the investigation is completed. Otherwise. the license shall be denied., C. Each license shall be issued to the applicant only and shall not be transferable to another holder. Each license shall be issued only for the premises described in the application. No license may be transferred to another premise without the approval. of the Citv Council. If the licensee is a partnership or a comoration. a change in the identity of any of the principals of the partnership or corporation shall be deemed a transfer of the license. Any tattoo and/or bodv niercina establishment existing at the adoption of Sections 23 -2301 through 23 -2314 shall be required to obtain an annual license. d. If the license is denied. the applicant may request a hearing before the Citv Council by filina a written request therefor with the City Clerk within fifteen (151 days after the applicant has received written notice of denial. If the license application is • denied by the Citv Council after a. hearing. the applicant may appeal the decision to the appropriate court of competent jurisdiction. If a tattoo and/or bodv piercing establishment is lawfully in existence_ at the time of the adoption of Sections 23 -2301 through 23 -2314. the tattoo and /or body piercing establishment may continue in business until the court action is completed. Otherwise. the applicant may not commence doing business until . the judicial action has been finally resolved. Section 23 -2308. PERSONS INFLICTTRL E FOR LICENSE. No license under Sections 23- 2301 through 23 -2314 shall be issued to an applicant who is a na tural person: general or managing partner of a partnership: or manager, proprietor, or agent of a corpo ration or other organization if such applicant: a. Is a minor at the time the application is filed. b. Has been convicted of any crime directly related to the occupation licensed as prescribed by Minnesota Statutes, Sect ion 364.03. Subd. 2. and has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of the licensed occupation as prescribed by Minnesota Statutes. Section 364.03. Subd. 3. C. Who is overdue or whose spouse is overdue in his or her payment of City. county. • or state taxes. fees. fines. or penalties assessed against them or imposed upon them. ORDINANCE NO. d. Who has been denied a license by the City or any other Minnesota municipal, corporation to operate a tattoo and/or body piercing establishment or whose license, has been suspended or revoked within the preceding twelve (12) months. or who is residing with any such person. e. Who has not paid the license and investigation fees required by this section. f. Is not of good moral character or repute. Section 23 -2309. PLACES INELIGIBLE FOR LICENSE a. No license shall be granted or renewed for operation on any on which taxes., assessments. or other financial claims of the state. county. school district. or city are due. delinquent. or unpaid. In the event a suit has been commenced under Minnesota Statutes. Section 278.0 - 278.03. auestioning the amount or validity of taxes. the City Council may on application waive strict compliance with this provision: no waiver may be granted. however. for taxes or q y portion thereof which remain unpaid for a period exceeding one (1) year after becoming due. b. No license shall be granted or renewed if the monerty is not properly zoned or does not qualify as a legal nonconforming use for tattooing and /or body piercing_ establishments. C. Premises Licensed For Alcoholic Beverages. No license shall be granted or renewed . if the premises is licensed for the furnishing_ of alcoholic beverages or is an adult establishment nursuant to Section 35 -2182. d. No license shall be granted if the premises is within 300 feet of a church. school. day care cente hospital, on -sale liquor establishm halfway house. currency exchange operation. theater. residence, pawnshop. secondhand goods dealer. or massage parlor. Section 23 -2310. CONDITIONS OFT •ICENSE, Every license shall be granted subiect to the following conditions an all other provisions of Sections 23 -2 301 through 23 -2314. and of anv applicable sections of the Ci Code. the City's zoning ordinances th e Building Code. the Fire Code. the City's health regulat a : n.d all p rovisions of stat and federal law. a. No person shall tattoo or pierce any person under the age of eighteen (181 except in the presence of. and with the written permission of the parent or legal guardian of such minor. The consent must include both the custodial and non - custodial parents. where applicable. • b. The license granted under Sections 23 -2301 through 23 -2314 is for the owner and the ORDINANCE NO. premises or operator named on the approved license application. No transfer of a license shall be permitted from place -to -place or from person -to- person without first. complying wi the requirements o f an original application. except in the case in which an existing non - corporate licen see is incorporated and incorporation does not affect the ownership. control. and interest of the existing licensed establishment., C. All licensed premises shall have the license posted in a conspicuous place at all times. d. A licensee under Sections 23 -2301 through 23 -2314 shall not be open for business for tattooing and/or body piercing before 7:00 a.m. or after 10:00 p.m. e The tattoo and/or body niercin,g establishment license is only effective for the compact and contiguous space specified in the approved license application. If the licensed premise is enl.ax¢ed., altered. or extended. the licensee shall inform the Issuing Authority. No person shall enga.ge in the practice of tattooing and/or body piercing at any place other than the place or location named or described in the application and license. A separate room shall be required for bodv piercing and tattooing services. The applicant shall submit a drawine to scale of the tattoo and /or bodv piercing facilities. f. No person shall solicit business or offer to perform tattooing and/or bodv_ piercing services while under license susnension. or revocation by the Citv. g_ The licensee shall be resnonsible for the conduct of the business being operated and shall at all times maintain conditions of order. h. The licensee shall provide to the Issuing Authority a list of operators who perform tattooing and/or body piercing at the licensed establishment and shall verifv that each operator has received a copy of Health and Safety Requirements and Sanctions for License Violations as ap pear in Sections 23 -2301 through 23 -2314. i. All licensees shall have at all times a valid certificate of insurance issued by an insurance company licensed to do business in the State of Minnesota indicating that the licensee is currently covered in the tattoo and/or body piercing business by a liability insurance policy. The mi nimum limits of cover for such insurance shall be: 1. Each claim. at least Two Hundred Thousand Dollars ($200.000). is 2. Each croup of claims. at .least Five Hundred Thousand Dollars ($500.000) • ORDINANCE NO. Such insurance shall be kept in force during the term of the license and shall provide, for notification to the City prig to termination or cancellation. A certificate of insurance shall be filed with the Citv. j_ Inspections. 1. Citv Initiated. The Issuing Authoritv or designated health professionals shall., at minimum. conduct one (1) randomly scheduled inspection of each licensed. facility each year to determine compliance with City requirements, 2. Compliance Certif A health professional who is retained by the licensed operator and acceptable to the Issuing Authority shall inspect the licensed premises in the month of November of each calendar year. Said inspection i to determine com pliance with City requirements an d a written report documenting findings shall be submitted to the Issuing Authority_ within fifteen (15) days from the date on which the inspection took place., k. Branding and Scari fication are prohibite in the City of Brooklyn Center. ® Section 23 -2311. HEA AND SANIT ATION REQUIREMENTS. No person shall, engage in the practice of tatt and/or bodes piercing at any place in the City comply_ ing_ with the following regulations: a. Every place where t attooing and/or body piercing is practiced shall be equipped with an adeauate and conveniently located toilet room and hand lavatory for the. accommodation of employees and patrons The hand lavatory shall be supplied with hot and cold running waiter under pressure: shall be maintained in good repair at all times: and shall be kept in a clean and sanitary condition. Toilet fixtures and seats . shall be of a sanitary open front design. and readilv cleanable. Easilv cleanable. covered receptacles shall he provided for waste materials. Every lavatory facility shall be provided wit an adegjjat s. unnly of hand cleansing compound and single service sanitary towels and hand drving devices. b. No person havi any communicable blood or skin infectio or other communicable diseases of the blood or skin. shall practice tattooing and/or body or shall be tattooed or bodv pierced. C. All disposable nee dles. razor hlgde5 s, ham s. or other equipment utilized for penetrating the s kin shall be indiv idually pre-packag and pre- sterilized and stored in a self-sealing sterilizing noueb No s uch equipment shall be used for more than ® one customer. T ools and supplies must be stored in a dust -free container All bio- hazardous waste shall be disposed of in accordance with law. and disposal procedures ORDINANCE NO. shall be approved by the Issuing Authority. Sterilizing solutions and methods may be used for the puroose of sterilizing instruments other than needles. razor blades., shares. or other eauipment utilized for penetrating the skin when such sterilizing solutions and methods are approved by the Issuing Authority. d. The following procedures shall be used for skin preparation:. I Each operator shall wash his or her hands thoroughly with soap and water and then dry them with a clean towel before and after each tattoo or body piercing. Operators with skin infections of the hand shall not perform any tattooing or body piercing services. 2. Whenever it is possible to shave the skin. pre - packaged. pre - sterilized. disposable razor blades shall be used. 3. The skin area to be tattooed or pierced shall be thoroughly cleaned with germicidal soap. rinsed thoroughly with water. and sterilized with an antiseptic solution approved by the Issuing Authority. Onlv sing_ le service towels and wipes shall be used in the skin cleaning process. 4. All bandages and surgical dressings used in connection with the tattooing and/or body piercing of any person shall be individually pre - sterilized. and disposable. e. All tables. chairs. furnitur or area on which a patr receives a tattoo or body pierce shall be covered by single service disposable paper or clean linens. or in the, alternative. the table. chair. or furniture on which the patron receives a tattoo and /or. bodv pierce shall be impervious to moisture and shall be properly sanitized after each tattoo or body pierce. Tables and counter tops shall be industrial grade Formica or, similar material. Drop cloths made of two -p ly paper and plastic shall be available for use as needed. f Every operator shall provide single service towels or wipes for each customer or, person and such towels and wipes shall be stored and disposed of in a manner acceptable to the Issuing Authority. g_ Every operator shall wear c lean. washable gar ments and protective latex disposable gloves when engaged in t practice of tattooi and /or body piercing. If garments are contaminated with blood or body fluids,. such garment shall be removed and changed and cleaned or disposed of in a manner acceptable to the Issuing Authority, i h. Pigments used in tattooing shall be pre_made and commercially prepared and free ORDINANCE NO. from bacteria and noxious agents and substances includina mercury. The pigments used from stock solutions for each customer shall be placed in a sinale service receptacle. and such receptacle and remaining solution shall be discarded after use, on each customer in accordance with procedures approved by the Issuina Authority., i. Jewelry for the other parts of the body shall be made of implant grade. high - quality stainless steel (300 series) solid 14K m and 18K gold. niobium. titanium. platinum. or a dense. low - porosity plastic, such as monofilament nvlon. acrvlic. or Lucite. Ear studs or other iewelry designed for earlobe piercing are not appropriate iewelry for, other body parts. Jewelry shall have no nicks. scratches. or irrea_ ular surfaces. which miaht endanaer the tissues. Jewelry shall be pre- sterilized and in a sealed package., 1� There shall not be less than one hundred fiftv (150) sauare feet of floor space at the place where the practice of tattooing and /or bodv piercing is conducted. and said place shall be so lighted and ventilated as to comply with the standards approved bv_ the Issuing Authority. k. No person shall practice tattooing and/or body piercing while under the influence of alcoholic beverages or illicit drugs, No customer shall be tattooed and /or body_ • pierced while under the in fluence of a lcoholic beverages or illicit drugs. 1. The operator shall provide the person tattooed and/or body pierced with printed instructions on the approved care of the tattoo and/or body pierce during the healing, process. m. No place licensed as a tattoo an, d /or body piercing establishment shall be used or occupied as living or sleeping ouarters. Section 23 -2312. PENALTY. a. Anv_ person violating any provision of Sections 23 -2301 through 23 -2314 is guilty . of a misdemeanor and upon conviction shall be punished not more than the maximum penal for a misdem eanor as prescribed by law. b. The City Council may. upon ten (1 days written notice to the operator and following a public hearing. revoke the license or suspend the license if the licensee submitted false information or omitted material information in the license process reauired by Sections 23 -2301 through 23 -2314. The City mav_ also revoke the license or suspend the license for a_violation of: • 1. Anv provision of Sections 23 -2301 through 23 -2314 or anv_ other local law aovernina the same activity during the license period. is ORDINANCE NO. 2. Anv criminal law during the license period which adversely affects the ability to honestly. safely. or lawfully conduct a tattooinLy and/or body_ piercing business. Section 23 -2313. HI NDRANCE. A ny person hindering the efforts of City officials to investi , 2ate possible violations of Sections 23 -2301 through 23 -2314 shall be fluilty of a misdemeanor. Section 23 -2314. CONFLICT OF PROVISIONS. In any case where a provision of Sections. 23 -2301 throu 23 -2314 is found to be in conflict with the provision of any zoninu. building, fire safet or health ordinance or co in the City th e provision which establishes the higher standard . for the promotion an protection of the health and safety of the people shall prevail. In any case where a provision of Sect 23 -2301 throu 2.3 -23 is fou nd to be in conflict with a provision of any other ordinance o code of the City existing on the e ffective date of this ordinance which established a lower sta ndard for the promotion and protecti of the health and safety of the property, the provision o Sections 23 -2301 through 2 3 -2314 shall be deemed to prevail. The determination o the applicability of this ordinance in light of the above rules of intern_ retation shall. be made by the City and its determination shall be final. Section 2. This ordinance shall become effective after adoption and upon thirty 30 days p p Y( ) 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.) • Office of the City Manager City o f Brooklyn Center A great place to start. A great place to stay. i Michael J. McCauley City Manager MEMORANDUM TO: Mayor Kragness, Councilmembers strom, Lasman, Nelson, and Peppe FROM: Michael J. McCauley, City Manager DATE: September 9, 1999 SUBJECT: Draft Tattoo Ordinance In response to the Council's direction, a draft ordinance was prepared and submitted at the last Council meeting. This ordinance was modeled on another City's ordinance. In response to the Council's request for additional research into what other cities are doing to regulate tattoo parlors, Ms. Finn surveyed other ® cities and received copies of their ordinances. The City Attorney's office reviewed those ordinances and prepared a matrix showing the key provisions of those ordinances. Attached is a chart showing the types of regulations being imposed by other cities and the same provisions of the proposed draft ordinance. This item is on the Council agenda for further Council discussion and direction. 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 Tattoo License Information City Business Personal Insurance Investigation Annual Hours of Sq. Ft. Place of Toilet / Operational Restrictions Other License License Coverage Fee Licensing Operation Requirement Business Lavatory Fee Restriction Location Requirement Requirement ( *1) Minnetonka yes $100k/$300k yes -$100 yes -150 yes *only on licensed premises *can't use for sleeping quarters *no tattoos for persons with skin disease *parental consent (or LG) and presence for minor *pre- sterilized equipment, solutions, pigments, and hands Inver Grove Heights yes $200k/$500k yes -set by yes -set by yes -not before 7a.m. yes -150 *1000 radial feet from schools, yes *only on licensed premises *violation punishable by suspension or revocation of license resolution resolution or after 9 p.m. churches, parks, public *can't use for sleeping quarters *consent must include custodial and non - custodial parent libraries, and establishments *no tattoos for persons with skin disease where applicable selling and/or serving *parental consent (or LG) and presence for minor alcoholic beverages *pre- sterilized equipment, solutions, and pigments; clean hands *1000 feet from other tattoo and body piercing establishments *shall comply with all zoning requirements Belle Plaine summary of ordinance provided but not all the specific provisions Calumet yes yes -$75 yes -150 *only on licensed premises *violation punishable by misdemeanor *can't use for sleeping quarters w /fine </ =$700 or imprisonment </= 90 days *no tattoos for persons with skin diseases *parental (or LG) consent and presence for minor *pre- sterilized equipment, solutions, and pigments; clean hands St. Paul yes yes -$50 *no minor may be tattooed *provides for issuance of temporary tattooing event license West St. Paul yes yes $100k/$300k/$100k yes -set forth in yes -not before 7 a.m. yes -150 *shall comply with all zoning water closet & *can't use for sleeping quarters *violation punishable by suspension or revocation of license schedule or after 11 p.m. requirements hand lavatory *no tattoos for persons with skin disease *parental (or LG) consent and presence for minor *pre- sterilized equipment, solutions, and pigments; clean hands • Bloomington yes $200k/$500k yes -set forth in yes -not before 7 a.m. yes -150 *shall comply with all zoning yes *only on licensed premises *violation punishable by suspension or revocation of license schedule or after 11 p.m. requirements *can't use for sleeping quarters *no tattoos for persons with skin disease *parental (or LG) consent and presence for minor *pre- sterilized equipment, solutions, and pigments; clean hands Rockford yes yes -$75 *very limited scope of regs pertaining to tattoo parlors Shakopee yes not less that the yes -not before 7 a.m. yes -150 *only on licensed premises *violation punishable by misdemeanor /petty misdemeanor statutory limits or after 10 p.m. *can't use for sleeping quarters of liability for *no tattoos for persons with skin disease a municipality *parental (or LG) consent and presence for minor *pre- sterilized equipment, solutions, and pigments; clean hands Sherburne County yes yes -150 *shall comply with all zoning yes *only on licensed premises *at least 20 feet candles of light shall be provided on all work requirements *no tattoos for persons with skin disease surfaces without the use of temp., portable auxiliary work area *parental (or LG) consent and presence for minor lighting *pre- sterilized equipment, solutions, and pigments; clean hands *violation punished by misdemeanor; injunctive relief available; county may recover damages in civic action Anoka (city) prohibits all types of home tattoo salons Brooklyn Center yes yes $200k/$500k yes -set by yes -set by yes -not before 7 a.m. yes -150 *300 feet from churches, yes *only on licensed premises *violation punishable by misdemeanor draft resolution resolution or after 10 p.m. schools, day care centers, *parental (or LG) consent and presence for minor *violation punishable by suspension or revocation of license hospitals, on -sale liquor *pre- sterilized equipment, solutions, and pigments; clean hands establishments, halfway *can't use for sleeping quarters houses, check cashing *no tattoos for persons with skin disease operations, theaters, residences, pawnshops, secondhand goods dealers, and massage parlors *shall comply with all zoning requirements