HomeMy WebLinkAbout1997 04-14 CCP Regular Session • CITY COUNCIL AGENDA
CITY OF BROOKLYN CENTER
April 14, 1997
7 p.m.
I. Call to Order
2. Roll Call
3. Invocation - Reverend Robert Cottingham, Lutheran Church of the Master
4. Council Report
5. 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
an d
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.
I. August 8, 1996 - Special Session
2. February 18, 1997 - Joint Session with Housing Commission
3. February 24, 1997 - Regular Session
4. March 10, 1997 Regular Session
b. An Ordinance
Amending Chapter to
g r 11 of the City Ordinances ances Prolubrtmg Certain
Activities at Establishments Licensed to Sell Intoxicating Liquor, Beer, and Wine
-This ordinance is offered this evening for a first reading and sets May 12, 1997, for
public hearing and second reading.
C. Brooklyn Historical Society Request
d. Resolution Declaring Surplus Property
e. Resolution Accepting Bid and Awarding Contract, Improvement Project Nos. 1997 -
01, 02, and 03, Contract 1997 -E, Orchard Lane West, Street, Storm Drainage, and
Utility Improvements
f Resolution Approving Plans and Specifications and Directing Advertisement for Bids,
• Improvement Project Nos. 1997 -04, 05, and 06, Contract 1997 -F, France Avenue,
69th Avenue to North City Limits, Street, Storm Drainage, and Utility Improvements
CITY COUNCIL AGENDA -2- April 14, 1997
g. Resolution Establishing Parking Restrictions on France Avenue North, 69th Avenue
to North City Limits
h. Licenses
6. Open Forum
7. Public Hearing
a. An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning
Classification of Certain Land (Brookdale Mitsubishi)
-This item was first read on January 27, 1997, published in the official newspaper on
February 5, 1997, a public hearing was held on February 24, 1997, and is continued
this evening.
-Requested Council Action:
-Open the public hearing.
-Take public input.
-Close the public hearing.
- Motion to adopt ordinance.
S. Council Consideration Items
• a. Resolution Expressing Recognition and Appreciation for Volunteers Participating in
the Community Effort to Provide Flood Protection
-Requested Council Action:
- Motion to approve resolution.
b. Proclamation Declaring April 19, 1997, to be a Day of Spiritual Rededication in
Brooklyn Center
-Requested Council Action:
- Motion to approve proclamation.
C. Resolution Authorizing the Mayor and City Manager to Enter into a Joint and
Cooperative Agreement for the Anoka- Hennepin EM Narcotics & Violent Crimes
Task Force
- Requested Council Action:
- Motion to approve resolution.
d. Resolution Recognizing the Designation of Brooklyn Center as a Tree City USA and
Acknowledging Receipt of a Growth Award; and Proclamation Declaring April 25,
1997, Arbor Day and May 1997, Arbor Month in Brooklyn Center
- Requested Council Action:
- Motion to approve proclamation and resolution.
CITY COUNCIL AGENDA -3- April 14, 1997
e. Resolution Closing he Special Assessment Refunding Bonds of 1987 Debt Service
g P g
Fund and Transferring its Remaining Assets to the Special Assessment Construction
Fund
-Requested Council Action:
- Motion to approve resolution.
f. Resolution Approving Specifications for Requests for Proposals for Risk Management
Consulting Services
-Requested Council Action:
- Motion to approve resolution.
g. Set Dates for Meetings
1. April 23, 1997, 7 p.m. - City Council Work Session, City Hall
2. April 30, 1997, 7 p.m. - Southeast Neighborhood to Discuss Neighborhood
Watch and the 53rd Avenue Project, Earle Brown Elementary School
3. Change Date of Council Work Session from May 19 to May 21, 1997, 7 p.m.
- City Hall
-Requested Council Action:
- Motion to set meeting dates.
• h. Update on 53rd Avenue Project
-Requested Council Action:
-City Manager will provide verbal update.
9. Adjournment
DRAFT
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
SPECIAL WORK SESSION
AUGUST 8, 1996
CONFERENCE ROOM B
CALL TO ORDER
The Brooklyn Center City Council met in special work session and was called to order by Mayor
Myrna Kragness at 7:02 p.m.
ROLL CALL
Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Debra Hilstrom, Kristen Mann, and
Charles F. Nichols, Sr. Also present were City Manager Michael J. McCauley and Council Secretary
Connie Beckman.
DISCUSSION OF RESOLUTION BY HENNEPIN COUNTY COMMISSIONERS ON FISCAL
DISPARITIES
Councilmember Hilstrom discussed the recently passed resolution by the Hennepin County Board
of Commissioners advocating the Metropolitan Council to place service needs on an equal footing
• with per capita tax base as a factor in the tax base redistribution formula of fiscal disparities. She
inquired whether it was appropriate for City Council to draft a resolution of support to advocate
legislative action.
The City Manager stated the County resolution suggests that the Met Council established objectives
for fiscal disparities and indicated this could revamp the way commercial tax monies are
shared/distributed.
Councilmember Nichols commented it might benefit the Council to have someone such as Mike
Opat speak at a future work session to offer specific explanation about how fiscal disparities and
their accompanying calculations work. Councilmember Carmody agreed and encouraged Council
members have someone present very basic information on property tax issues relating to fiscal
disparities (i.e. Phil Cohen).
The City Manager will contact someone to present information to Council at a work session prior
to The Truth in Taxation meeting. He added it would be beneficial to request organization of a
presentation by the North Metro Mayors Association providing information to other cities being
affected about how everything works.
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DRAFT
DISCUSSION OF TOBACCO MATERIALS FROM HENNEPIN COUNTY COMMUNITY
HEALTH DEPARTMENT •
Discussion ensued around what citywide ordinances/laws are already in place which apply to
tobacco sales to minors. Councilmember Nichols will obtain information from Health Partners
relating to this subject. The City Manager will obtain City statistics from the Police department
regarding this topic.
T.G.I. FRIDAY'S (CARLSON COMPANIES) PROPOSED DEVELOPMENT
A Planning Commission item will be before the City Council for approval at its August 12, 1996,
regular meeting.. As well, the EDA will be requested to approve a development agreement between
the EDA and Friday's. Council members have received varied responses from residents regarding
the proposed project.
Further discussion centered on the pros of Brooklyn Center being a remote community location
where meetings /conventions could be held. The City Manager cited increased property values
resulting from new construction and talked about ideas on cost structures and associated logistics
related to potential new businesses locating in the City. Sewer access charges and reimbursement
of TIF revenues were also discussed.
It was not clear whether there is a limit on the numbers of liquor licenses allowed in the City; the
City Manager will obtain clarification. The City Manager will also obtain number statistics
regarding average occupancy percentages for review by Council members.
•
INVOCATION AT CITY COUNCIL MEETINGS
Councilmember Nichols indicated he received many inquiries regarding temporary discontinuation
of an invocation at regular Council meetings.
LIQUOR LEASE PROPOSAL
The City Manager provided financial specifics regarding a potential lease proposal for a liquor store
site. After further discussion it was determined the City will not be able to cash flow the proposal.
The City Manager will communicate this with respective parties facilitating an agreement on behalf
of the Rainbow site.
BLOCK PARTY ORDINANCE
The City Manager presented Council with a second draft of a block party ordinance prepared by the
City Attorney. Two additional language issues have been proposed by the City Manager and Police
Chief which deal with the limit on the number of events per year; and address issue of commercial.
The City Manager provided clarification in response to questions posed by Council members.
Mayor Kragness added the ordinance should include a requirement that parties sponsoring a block
party provide proper sanitation facilities and/or sanitation plan.
08/08/96 -2-
•
DRAFT
BUDGET DISCUSSION
• Budget worksheets were distributed to Council members which included the General, H.R.A.,
E.D.A., and all debt service funds excluding tax increment bonds. The City Manager informed
Council it must adopt a preliminary budget levy by the September meeting. There is no intent of
going out for bonds in 1997 to cover already identified needs (i.e. street improvements) as State Aid
for development, and/or use of principle or interest in the Capital Improvement Fund is targeted as
well as increased user fees. There may be a bonding need of $3-4 million which would be used for
construction of a new Fire Department facility and improvements of City Hall to address space
issues for the Police Department, as well as a five to six percent increase in 1998.
Concern was expressed about the twenty-year street im improvement program
and the fact it could not
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feasibly be met given current spending and associated budget measures. Cost effective planning
measures (i.e. park & park `n ride; user fees; attrition; equipment replacement) were discussed.
There is a goal of formulating a proposed basic structure for balancing budget associated costs as
well as cutting more out of the General Fund budget versus from State Aid monies. Creating
competition within the budget to help establish priorities is one way to assist this.
The next budget work session will entail cuts with an allowance for a four percent increase to the
levy.
A motion to break at 10:05 p.m. passed unanimously.
The meeting reconvened at 10:12 P .m.
•
DISCUSSION OF ADOPT A STREET/PARK
Councilmember Carmody indicated this item could be discussed at a future work session given the
length of tonight's agenda.
DISCUSSION OF BROOKLYN HISTORICAL SOCIETY RESOLUTION OF SPACE NEED
Councilmember Carmody indicated this item could be discussed at a future work session given the
length of tonight's agenda.
CITY MANAGER EVALUATION
I. CODE ENFORCEMENT
Comments: (Observations of Evaluators)
The City Manager facilitated a thorough initial administration of the Code Enforcement program.
Good use of administrative talent was applied which resulted in good reports. The City Manager
followed direction set by Council, carried out the plan in a timely manner, and addressed issues as
they arose.
• 08/08/96 -3
D RAFT
Suggestions for Improvements• (Specific area() that need strengthening)
Future approaches relating to Code Enforcement could focus more on structural codes and be •
reviewed on a yearly basis. An assumption that Code Enforcement Officers are automatically
promoted needs to be dispelled.
Commendations: (Area (s) of performance calling for praise /commendation)
Overall results of the effort were successful. Councilmembers were pleased.
Comments of the City Manager: (Responses to any of the evaluations comments suggestions.
and/or commendations)
The City Manager credited staff for success of the program.
II. FAMILIARIZE SELF WITH CITY AND STAFF
Comments: (Observations of Evaluators
Standards initially set for the position have been met. The City Manager has made efforts to become
familiar with staff and aspects of City business.
Suggestions for Improvements• (Specific areas) that need strengthening)
Training and inservice of staff should occur. Improved communication to City residents of how to
contact Council members would be beneficial.
Commendations: (Area (s) of performance callinQ for praise /commendation
Good feedback from respective individuals has indicated the City Manager has done an excellent •
job thus far.
Comments of the City Manager: Responses to any of the evaluations comments. suggestions
and/or commendations)
I
None.
III. NEW BUDGET FORMAT
Comments: (Observations of Evaluators)
Revision of the budget format is positive. It is more understandable and appears to have a puzzle
approach in which the pieces fit together.
Suggestions for Improvements• (Specific area(s) that need strengthening)
Inclusion of projected outlooks for the next five years would be beneficial.
Commendations: (Area(s) of performance calling for praise /commendation,
None.
Comments of the City Manager: (Responses to any of the evaluations comments suggestions.
and/or commendations)
08/08/96 -4-
DRAFT.
None.
• V.
sUIL)ING NEEDS: DEVELOP A PLAN
Comments: (Observations of Evaluators)
The City Manager has exhibited an ability to propose realistic, practical ideas based on various
building/space concerns with an innovative ideas approach.
Suggestions for Improvements• (Specific area(s) that need strengthening)
Better handling and/or follow up on citizen complaints would be beneficial.
Commendations: (Area(s) of performance calling for praise /commendation)
The City Manager has shown the ability to present well thought out ideas based on Council
direction.
Comments of the City Manager: Responses to any of the evaluations, comments suggestions
and/or commendations)
None.
I ORGANIZATIONAL MANAGEMENT
Responsibility
• Plans and organizes the work that goes into providing services established by past and
current decisions of the Council.
• Plans and organizes work that carries out policies adopted by the Council and developed by
staff.
• Plans and organizes responses to public requests and complaints or areas of concern brought
to the attention of staff by Council and staff.
• Evaluation and keeping up with current technology.
• Selecting, leading, directing, and developing staff members.
Performance Standard
Organizational Management will be considered effective when a majority of the conditions have
been successfully fulfilled.
• Well qualified, promising persons are recruited and employed.
• Employees are appropriately placed contributing to a high retention rate.
Citizen complaints Y
ints are effective) resolved.
• The organization is aware of new trends in technology.
Comments: (Observations of Evaluators)
The City Manager has demonstrated overall good organizational management skills. He is able to
motivate employees resulting in delegation of staff to obtain necessary information to conduct City
business. Awareness of technology and related needs assessment has been a plus. Publications
generated by the City Manager (i.e. Council packets, City newsletter) have been well received and
are easy to read.
08/08/96 _5_
DRA
Suggestions for Improvements• (Specific area(s) that need strengthening)
A tickler file would benefit issues which require proper follow -up in a timely manner. Continued •
evaluation of all employees performance would be advantageous.
Commendations (Area(
allo performance calling for praise /com_mendatiom
The City Manager has shown a great ability to work with all Council members.
Comments of the City Manager: ftsl2onses to any of the evaluations comments sug a tions
and/or commendationsl
None.
II. FISCALBUSINESS MANAGEMENT
Responsibility
• Plans and organizes the preparation of an annual budget with documentation, etc. that
conforms to guidelines adopted by the Council
• Plans, organizes, and administers the adopted budget with approved revenues and
expenditures.
• Plans, organizes and supervises the most economic utilization of manpower, materials, and
machinery.
• Plans and organizes a system of reports for Council that provide the most up -to -date
available concerning expenditures and revenue.
• Plans and organizes maintenance of City -owned facilities, buildings and equipment.
Performance Standard
Fiscal/Business Management will be considered effective when a majority of the conditions have
been successfully fulfilled.
• Budget preparation and management are thorough and effective.
• Cost - effective measures are persistently pursued.
• Financial reporting is timely and readily understandable.
• Physical facilities management is efficient.
Comments: (Observations of Evaluators)
The City Manager does a good job of communicating ideas/projections. He has presented a planned
budget with an organized system according to Council guidelines. The City Manager is open to
suggestions which has provided for a good grasp and accompanying vision.
Suggestions for Improvements (Specific area(s) that need stren ening�
Long-term budget planning would benefit and contribute
g g P g to effective budget planning decisions.
Fiscal ideas could be presented in a manner more easily read.
Commendations: (Areas of performance calling for praise /commendation)
The City Manager has taken charge and posed projections which are fiscally conservative.
08/08/96 -6-
•
DRAFT
Comments of the Ci Manager: (Responses to any of the evaluations comments. suggestions
• and/or commendations)
None.
III. PROGRAM DEVELOPMENT AND FOLLOW- THROUGH
Responsibility
• Plans and organizes on -going programs and services to City government.
• Plans and organizes work involved in researching program suggestions by Council and staff
and the reporting of the results of analysis.
• Maintains knowledge of current and innovative trends in the area of services being provided
by local governments, and incorporates that knowledge in program suggestions and research.
• Plans and organizes work assigned by the Council so that it is completed with dispatch and
efficiency.
• Plans, organizes and supervises implementation of program adopted or approved by the
Council.
Performance Standard
Program planning techniques and procedures will be considered effective when a majority of the
conditions have been successfully fulfilled.
• Ongoing programs and services are fully responsive to the City's needs.
• Monitoring procedures are in place and functioning well.
• Measurable outcomes (to the extent possible) are used to determine success in program
• planning.
• The City Manager can be depended upon to follow through.
• Makes most effective use of available staff talent.
Comments: ervafo
(Obs i n of Evaluators)
The City Manager has developed various programs which have contributed to follow through (i.e.
agenda items, code enforcement). Bench marking has been good. Good communication is evident
via small reports.
Suggestions for Improvements• (Specific area(s) that need strengthening)
Continue to maintain the current level of quality.
Commendations: (Area(s) of performance calling for praise /commendation)
Program development and accompanying follow - through is an area of strength as shown with the
Code Enforcement program.
Comments of the City Manager: esponses to any of the evaluations comments.- suggestions
and/or commendations)
None.
• 08/08/96 -7-
DRAF
IV. RELATIONSHIP WITH MAYOR AND CITY COUNCIL
Responsibility •
• Maintains effective communication, both verbal and written, with council.
• Maintains availability to Council, either personally or through designated subordinates.
• Established and maintains a system of reporting to Council current plans and activities of the
staff.
• Plans and organizes materials for presentations to the Council, either verbally or written, in
the most concise, clear, and comprehensive manner possible.
Performance Standard
• Materials, reports, presentations, and recommendations are clearly and convincingly made.
• Communications are made in a timely, forthright, and open manner.
• Responses to requests are made promptly and completely.
• Recommendations appear to be thoroughly researched.
• Adequate information is provided to Council to make decisions.
• A system is in place and utilized to report to Council current plans, activities, and events of
the City.
Comments: (Observations of Evaluators)
The City Manager possesses team building and strategy facilitation skills. He is attuned to the
community's political pull and is quick to inform Council of anticipated/potential problems.
Suggestions for Improvements• (Specific area(s) that need strengthening) •
Continued success of already present skills will improve with time.
Commendations: (A�ea(s) of performance calling for praise /commendation
The City Manager has the ability to facilitate team building and accompanying strategy.
Recommendations have been made for the good of relationships assisting to guard against division
of staff contributing to Council unity.
Comments of the City Manager (Responses to any of the evaluations comments suggestions,
and/or commendations)
None.
A motion by Councilmember Nichols and seconded by Councilmember Mann to continue past 11
p.m. passed unanimously.
V. LONG RANGE PLANNING
Responsibility
• Maintains a knowledge of new technologies, systems, methods, etc. in relation to City
services.
08/08/96 -8- •
DR
• Keeps Council advised of new and impending legislation and developments in the area of
• public policy.
• Plans and organizes a process of program planning in anticipation of future needs and
problems.
• Establishes and maintains an awareness of developments occurring within other cities or
other jurisdictions that may have an impact on City activities.
• Plans, organizes and maintains a process for assisting the Council in establishing community
goals including a process for monitoring and reporting on the City's progress toward
achieving those goals.
Performance Standard
Strategic planning will be considered effective when a majority of the conditions have been
successfully fulfilled.
• A well - constructed long -range (strategic) plan is currently in operation.
• Annual operational plans are carried out by staff members.
• An on -going monitoring process is in operation to attain quality assurance in program and
project implementation.
• Program evaluation and personnel evaluation are interrelated with the strategic planning
process.
• Legislative knowledge is current and complete.
Comments: (Observations of Evaluators)
• The City Manager has a mind set of long -range planning for the future. He has exhibited a strong
desire to develop a twenty-year comprehensive plan to provide a direction of where the Ci ty is
Y ear P P
headed. The City Manager has facilitated good goal setting sessions.
Suggestions for Improvements• (Specific area(s) that need strengthening)
To view the budget as a plan of action (blueprint).
Commendations: (Area(s) of performance calling for praise /commendatioil�
The City Manager has a good vision for long range planning.
Comments of the City Manager: (Responses to any of the evaluations. comments suggestions,
and/or commendations)
None.
VI. RELATIONSHIP WITH PUBLIC/PUBLIC RELATIONS
Responsibility
•
Plans organizes, and maintains tains training of employees who have primary responsibility for
contact with the public, either by phone or in person.
• 08/08/96
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DRAFT
• Ensures that an attitude and feeling of helpfulness, courtesy, and sensitivity to public
perception exists in employees coming in contact with the public. •
• Establishes and maintains an image of the City to the community that represents service,
vitality and professionalism.
• Establishes and maintains a liaison with private non - governmental agencies, organizations
and groups involved in areas of concern that relate to services or activities of the City.
Performance Standard
Communication services will be considered effective when a majority of the conditions have been
successfully fulfilled.
• Contacts with the media are timely and credible.
Publications are varied and consistently well received by the citizens.
• Feedback from the public and the community leadership is positive.
• City has a good image with comparable organizations.
• Ability to solicit and use feedback from the public.
Comments: (Observations of Evaluators)
The City Manager has established a good rapport and is a good liaison with government and non-
government people. He has shown ability to handle situations (i.e. Bob Cahlander Park) to facilitate
good morale of citizens. The City Manager has made a point of visiting local groups and has
projected himself as a member of the community. He has used good oral and written communication
(i.e. newsletter) as shown in his contacts with the media.
Su estion for Im r v
•
o eme ts: (Specific area that need strengthening)
nin
gg s o P n (Sp f (s) h g)
None.
Commendations: (Area(s) of performance calling for praise /commendation)
A more positive attitude has been created amongst City residents in the past six months.
Comments of the City Manager: (Responses to any of the evaluations, comments suggestions
and/or commendations)
None.
VII. INTERGOVERNMENTAL RELATIONS
Responsibility
• Maintains an awareness of developments and plans in other jurisdictions that may relate to
or affect City governments.
• Establishes and maintains a liaison with other governmental jurisdictions in those areas of
service that improve or enhance the City's programs.
• Maintains communications with governmental jurisdictions with which the City is involved
or has interaction.
Performance Standard
08/08/96 -10- •
DRAFT:
Intergovernmental relations will be considered effective when a majority of the conditions have been
• successfully fulfilled.
• Sufficient activity with municipal and professional organizations.
• Regarded as leader by municipal officials.
• Provides examples of good ideas from other jurisdictions.
• Positive relationship with surrounding cities.
• Good cooperation with County and State agencies.
• Improved mutual understanding and relationship with the State Legislature.
Comments: (Observations of Evaluators)
The City Manager has a good understanding of intergovernmental units. He looks forward to and
shows interest in attending intergovernmental unit meetings /events. His attendance at outside
organization events (i.e. Hwy. 100 Coalition, North Metro Mayors Assoc.) The City Manager has
a positive relationship with surrounding communities.
Suggestions for Improvements• (Specific area(s) that need strengthening)
Future evaluations of the City Manager might be held in closed session. The City Manager
sometimes exhibits certain biases for certain levels of government.
Commendations: (Area (s)of performance calling for praise /commendation
The City Manager has a positive relationship with surrounding communities and is well respected.
• Comments of the City Manager: Responses to anv of the evaluations, comments suggestions
and/or com_m__gndationsl
None.
VIII PROFESSIONAL/PERSONAL DEVELOP NT
Responsibility
• Maintains awareness and value of broadening professional and personal development.
• Demonstrates imaginative leadership initiatives.
• Ability to build cohesiveness in staff.
• Decisiveness in leadership performance.
• Effectiveness in verbal communications.
Performance Standard
Professional and personal competencies will be considered effective when a majority of the
conditions have been successfully fulfilled.
• Management techniques show evidences of innovations, imagination and decisiveness.
• Synergetic techniques are fostered.
• Continuous professional personal growth is demonstrated.
Comments: (Observations of Evaluators)
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DRAFT
The City Manager uses good posture during meetings. He is quick to bring new ideas and attends
respective meetings. •
Suggestions for Improvements• (Specific area(s) that need strengthenin,_gl
Develop more staff creativity through reliance on staff via delegation.
Commendations: Area of performance calling for
The City Manager exhibits initiative and creativity. As well, verbal skills are clear and concise.
Comments of the City Manager: Responses to any of the evaluations comments suggestions
and/or commendations)
Council members have been cooperative to put aside disagreements and move ahead for the sake of
the City.
FUTURE REVIEW
It was determined a progress review will take place in January. An in -depth review will take place
in July.
COUNCIL MEMBER ORIENTATION
There was discussion about conducting an orientation for newly elected Council member(s).
FACILITATED WORKSHOP
There was discussion about conducting a facilitated workshop for Council members the end of •
January 1997.
ADJOURNMENT
A motion by Councilmember Nichols and seconded by Councilmember Carmody to adjourn the
meeting at 11:30 p.m. passed unanimously.
City Clerk Mayor
Recorded and transcribed by:
Connie Beckman
Timesaver O� f}�Site Secretarial
08/08/96 -12-
DRAFT
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
• AND HOUSING COMMISSION
OF THE CITY OF BROOKLYN CENTER
IN THE COUNTY OF HENNEPIN
AND THE STATE OF MINNESOTA
JOINT SESSION
FEBRUARY 18, 1997
CITY HALL
CALL TO ORDER
The City Council and Housing Commission met in a joint meeting called to order by Housing
Commission Chairperson Robert Torres at 7 p.m.
ROLL CALL
Mayor Myrna Kragness, Councilmembers Kathleen Carmody and Kay Lasman, Housing
Commission Chairperson Robert Torres, Vice - Chairperson Ernie Erickson, Commissioners Lloyd
Deuel Henry Yang, Jonathan Carter, and Mark Yelich. Also in attendance were City Manager
Michael McCauley, Community Development Director Brad Hoffman, and Community
Development Specialist Tom Bublitz. Additionally, Mr. Bill Gerst, representing the Minneapolis
• Area Association of Realtors, was in attendance at the meeting.
Councilmembers Debra Hilstrom and Robert Pe PP g u
e and Housing Commissioner Todd Cannon were
absent and excused from the meeting. Also absent was Housing Commissioner Michael desParois.
APPROVAL OF AGENDA
There was a motion by Commissioner Deuel and seconded by Commissioner Yelich to approve the
agenda as submitted. The motion passed.
APPROVAL OF MINUTES - JANUARY 21 1997
There was a motion by Commissioner Deuel and seconded by Commissioner Carter to approve the
January 21, 1997, Housing Commission minutes as submitted. The motion passed.
• 2/18/97 _1_
DRAFT
DISCUSSION OF DRAFT TIME OF SALE ORDINANCE AND HOUSING COMMISSION •
REVIEW OF ORDINANCE FROM JANUARY 21 1997 HOUSING COMMISSION MEETING
At the request of Chairperson Torres, Commissioner Erickson reviewed the Housing Commission's
past considerations of the Time of Sale ordinance. He explained approximately five years ago, the
issue came before the Housing Commission and was researched quite thoroughly and debated by the
commission. Commissioner Erickson continued to explain that after substantial research and debate,
the Housing Commission voted against pursuing a Time of Sale ordinance. Approximately two
years after the commission's first rejection of a Time of Sale ordinance, the membership of the
commission turned over and new commissioners requested the issue be brought before the Housing
Commission again. He explained the commission again reviewed various types of ordinances,
including Truth in Housing and Time of Sale ordinances and the commission again voted on
pursuing an ordinance, with the vote resulting in a tie with half the commissioners voting for a Truth
in Housing -type ordinance and the other half voting for a Time of Sale -type ordinance.
At the joint Housing Commission and City Council meeting of February 1996, the Housing
Commission and City Council again discussed the Time of Sale ordinance, and it was agreed that
the Housing Commission would draft a Time of Sale ordinance for City Council consideration.
After the February meeting, the Housing Commission researched various Time of Sale ordinances
and heard from a private housing inspector who explained in detail the ordinances currently used in
the cities of Bloomington and South St. Paul. Commissioner Erickson pointed out that both cities'
ordinances were Time of Sale -type ordinances with a requirement that specific items defined as
hazardous be corrected prior to the conveyance of the property. Commissioner Erickson also pointed
out that the commission believed it was more expedient to use private inspectors in implementing
the Time of Sale ordinance as opposed to using City staff inspectors.
The Community Development Specialist briefly reviewed the draft Time of Sale ordinance
developed by the Housing Commission. He explained the draft ordinance has not been revised since
the Housing Commission's initial review in January, but that several issues were raised at that time
and he would try to address the questions from the Housing Commission's January meeting as the
meeting progressed. Briefly, he reviewed the highlights of the ordinance, pointing out that the
ordinance is based on the City of South St. Paul's ordinance, which in turn was based on the City
of Bloomington's ordinance.
Beginning with the definition section, the Community Development Specialist pointed out that a
number of the definitions would have to be updated and clarified, such as the definition for mobile
home, which would be replaced by the State Building Code definition of manufactured home. He
noted that there are numerous minor updates needed to bring the ordinance language more in line
with current practices with regard to the building code. Essentially, he pointed out, the ordinance
requires an inspection and evaluation report of a home prior to conveyance of the property. The
evaluation report is to be provided to the buyer prior to the execution of a purchase agreement on
the property. He pointed out the ordinance proposes that evaluations will be done by evaluators
licensed by the City and that evaluators must pass a certification of competency test conducted in
2/18/97 -2-
•
DRAFT
the City of Minneapolis, St. Paul, or Bloomington. He pointed out that the duties of the evaluators
• are to maintain a current license, conduct the evaluation within the program's guidelines, and meet
required continuing education requirements established by the City. Additionally, the evaluator must
complete the evaluation report as per the requirements of the ordinance and submit the report to the
seller of the property with a duplicate filed with the City.
The Community Development Specialist pointed out that the core of the ordinance is the requirement
for correction of items defined as "immediate hazards ". He briefly reviewed these items and noted
that the items listed in the draft ordinance are the identical hazards defined by the ordinances used
in the cities of Bloomington and South St. Paul. He pointed out that owners correcting the required
hazardous items must obtain all necessary permits from the City and that these permitted items
would be inspected by a City inspector under the normal building permit procedure. He noted that
in discussing the ordinance with the City inspections staff, they believe that most of the items
included in the list of hazardous items would require a permit to complete.
In conclusion of his review of the ordinance, the Community Development Specialist pointed out
that failure to comply with the ordinance would be a misdemeanor, and there would be an appeal
process set up in the ordinance for any person feeling that a decision or procedure in the ordinance
was unfair.
Commissioner Erickson pointed out it was suggested by the Housing Commission that the City have
some type of public relations campaign to provide information on the Time of Sale ordinance when
it is enacted. He noted that a member of the real estate community has been attending Housing
• Commission meetings and monitoring the Housing Commission's work on the Time of Sale
ordinance over the past several months. He also noted that the commission had discussed the fact
that Brooklyn Center is a predominantly starter home community and that first -time buyers are
typically the buyers of many of the homes in the city.
Mayor Kragness inquired as to the cost to the homeowner and whether the cost of an inspection is
based on an hourly or fixed rate. Commissioner Erickson responded, noting it was his recollection
that the cost of an inspection under a program such as the one proposed by the Housing Commission
would be between $120 -150 per inspection.
Councilmember Carmody inquired as to whether or not the Housing Commission discussed whether
the intent of the ordinance fees would be to cover all the costs of the program. The Community
Development Specialist noted he had spoken with a staff person at the City of South St. Paul and
their fees include a $10 filing fee and $50 license fee for evaluators. These fees, he pointed out, were
not intended to cover the staff costs associated with the program. He did point out the private
inspection fee paid by the homeowner directly to the private inspector would address the major cost
of the program, which is the inspection and inspection report.
At the request of Chairperson Torres, the Community Development Specialist reviewed information
he had researched as follow -up from the Housing Commission's review of the Time of Sale
• 2/18/97 -3-
D R AF T
ordinance at their January 21, 1997, meeting. The following is a summary of the Community
Development Specialist's report on follow -up from issues and questions raised by the Housing
Commission at their January 21, 1997, meeting.
• The State Building Code does not require CO monitors in homes, and, as a result, CO monitors
could not be required as part of the Time of Sale ordinance.
• In response to a Housing Commission question regarding fees, the $10 filing fee and $50
license fee for evaluators used in South St. Paul are not intended to cover City expenses for the
program.
In response to the commission's s mgwry regarding the purchase of homes without realtors
involved, including family transfers, etc., the City of South St. Paul has noted their experience
is that a sale to family members with an unrecorded contract for deed does not provide any
mechanism to allow the City to know about the sale. South St. Paul indicated that, to their
knowledge, this is not a widespread practice.
• With regard to monitoring the behavior of evaluators, the City of South St. Paul has indicated
that in their ro ram an owner may contact t i
tac he City f the feel the were treated p g y ty y y Bated unfairly by
an evaluator. To date, the City has addressed this problem with a letter sent to the evaluator
regarding the homeowner's complaint. The staff person administering the South St. Paul
program has indicated there has been no real problem with evaluator behavior in their program
to
date.
•
• With regard to foreclosure or "HUD" homes, the City of South St. Paul indicated that the listing
agent on these properties is supposed to have a copy of the inspection report for potential
buyers. She explained HUD will sometimes call regarding the program and sometimes
potential buyers will call the City ith regard to the required report on the home the may be
tY g q
p Y Y
interested in. To date, she noted there has been no real problem with the sale of HUD homes
in their city.
• In response to the Housing Commission's question regarding completion of correction of
hazardous items in a hardship ituation a paragraph d item 2 the City P (page 6 g� ), of South St. Paul
explained they consider six months to be a reasonable time to complete repairs in a hardship
situation.
• With regard to the commission's inquiry as to whether or not a window air conditioning unit
would be classified as a permanent appliance, as per the ordinance, the State Building Code
does not define window air conditioning units or washers and dryers as permanent appliances.
• In response to the Commissioner's request to elaborate on the definition of hardship in the
ordinance, the City of South St. Paul describes hardship as a situation where the current owner
cannot or does not want to make the repairs, in which case the seller may allow the buyer to
2/18/97 -4-
•
D
make the repairs. In South St. Paul, the buyer must submit a letter to the City specifying how
e long it will take to complete the repairs and the six -month period is used in this instance.
Upon conclusion of the Community Development Specialist's report on follow -up from the January
21 Housing Commission meeting, the Housing Commission continued its discussion of the Time
of Sale ordinance. In response to a question from the Housing Commission regarding the term
"mandamus ", the City Manager replied that mandamus refers to the process of seeking a court order
to require someone to do a specific thing. As an example, he pointed out that in elections, certificate
of elections are issued and if the issuing authority does not agree to grant a certificate of election,
an individual can seek a "writ of mandamus" to obtain the certificate.
Commissioner Yelich noted that at the last Housing Commission meeting, the commission heard
about buyer inspection programs for homes, and he indicated he did not want the Council to assume
the inspection in the Time of Sale ordinance is as thorough as a buyer inspection program, which
tends to be much more detailed than a Time of Sale inspection.
In addition to inspections for the benefit of buyers, the Community Development Specialist noted
Realtors have a continuing amount of tools to obtain disclosure on properties, including the use of
mediation for defects in a newly- purchased home within 18 months after the purchase. He asked Mr.
Bill Gerst, representing the Minneapolis Area Association of Realtors, to comment on the available
tools for Realtors with regard to disclosure. Mr. Gerst replied that there are more and more
disclosures, including a seller's statement of condition of the property which is widely used, and,
while not mandated by law, the seller's statement is used on many real estate transactions. He
• pointed out that the Time of Sale ordinance used in communities is another layer of disclosure.
Additionally, he pointed out there are also lender inspections of properties and also buyer inspections
of properties. He pointed out the City of Minneapolis is currently going through a review of their
entire approach to housing inspection and trying to determine whether or not the Truth in Housing
ordinance employed by the City of Minneapolis is actually serving a useful purpose.
Mr. Gerst inquired whether a hazardous item if it is discovered b an inspection during the Time
q � Y P g
of Sale process and the house does not sell, must be corrected. The City Manager replied that the
ordinance, as it is drafted now, would require correction of the hazardous item whether or not the
house sells. The City Manager pointed out the inspection, under the Time of Sale ordinance, is
intended for a public purpose and not for the benefit of the specific parties. He explained the
inspection is undertaken as a general inspection; not for the benefit of specific individuals.
Councilmember Carmody inquired as to how the ordinance would be refined before it goes to the
City Council for consideration. The Community Development Specialist explained that the purpose
of this evening's meeting is to determine if the City Council approves the basic philosophy of the
ordinance and that the text of the ordinance would be fine -tuned prior to being presented to the City
Council.
• 2/18/97 -5-
IF
Councilmember Lasman stated she does not oppose the Time of Sale ordinance, but inquired as to •
whether or not the ordinance would address the problems we are not addressing now under existing
ordinances. She also inquired as to how many cities have these types of ordinances.
Mayor Kragness commented the ordinance may give a sense to prospective buyers in the city that
it provides a sense of reassurance of buying homes in the city.
Councilmember Lasman questioned how the ordinance would improve the city's housing stock
overall and help alleviate the further decline of the housing stock.
In response to Councilmember Lasman's inquiry, Councilmember Carmody stated she believes the
ordinance will not solve all the problems with regard to housing, but it is a minimal requirement to
be met with regard to correcting at least items considered hazardous.
The City Manager commented that many lenders are beginning to be more open to loaning mortgage
dollars on the end value of a house after it is repaired. For example, with purchase rehab loans, a
$40,000 house could be purchased with an additional $10,000 for rehabilitation with a new value
in excess of the initial $40,000.
The Housing Commission continued its discussion of the Time of Sale ordinance, and the issue of
additional staff commitment for administering the ordinance was addressed. The City Manager
stated the concerns from staff are that it will involve additional demands and resources from existing •
staff, but it does not appear to require an additional inspector to implement a Time of Sale ordinance.
Mayor Kragness inquired whether the ordinance would need only minor fine- tuning or major
revisions. The Community Development Specialist responded that the ordinance itself should be
relatively easy to fine -tune, but in addition to the ordinance evaluation guidelines, forms, etc., will
be needed, and these will take a considerable amount of staff time to prepare.
Councilmember Carmody requested that when the ordinance is presented to the City Council, staff
should include a memorandum indicating what the ordinance is intended to accomplish. The City
Manager addressed the issue of timing for implementation of a Time of Sale ordinance, noting he
would target January 1, 1998, to have an ordinance finalized, Given the current staff workload, this
time line would allow staff to develop the ordinance and the required administrative items to
implement the ordinance. Additionally, he suggested it would not be advisable to implement a new
ordinance at the busiest time of year for home sales, and typically the winter months from December
through January are the slowest time of year for home sales.
There was a general consensus among Housing Commission members and City Councilmembers
present that staff would prepare a final version of the Time of Sale ordinance, along with other
administrative documents required such as evaluator guidelines, inspection forms, etc., and present
this to the City Council in January of next year.
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D R A FT
DISCUSSION OF CITY'S HOUSING REHABILITATION DEFERRED LOAN PROGRAM
Councilmember b Carmody stated that she wanted to address this item with the Housing Commission,
noting that when she was on the Housing Commission she thought the deferred loan program was
a good safety net for homeowners in need of repair to their homes. She noted that when she was
elected to the City Council, she did not think the deferred loan program was accomplishing what it
was intended to do, and she does not think the loan program will prevent a home that is in decline
from continuing on an eventual downward slide.
Councilmember Carmody stated she does not think the housing rehabilitation deferred loan program
is achieving what we want to achieve. She inquired as to how man homes the City has done in t
q y ty on he
last two to three years where you can actually see an improvement. The Community Development
Specialist replied that it is difficult to give a definite number, but that at least between one - quarter
to one -third of the homes done would show a substantial improvement on the exterior, which
generally indicates that new siding and windows would be installed.
Mayor Kragness stated the review of the deferred loan program may be a good issue to have the
commisison look at.
Commissioner Erickson suggested that with the new members on the commission, it may be
advisable to provide information to the commission members to bring them up -to -date on the status
of the housing rehabilitation deferred loan program at the next meeting.
OT BUSINESS
� U S
Commissioner Deuel requested that information regarding the City's planned efforts for code
enforcement be reviewed with the Housing Commission.
Councilmember Carmody pointed out that during this next year of code enforcement, the City will
focus on housing-related issues as opposed to the items that were targeted g p ar ted this past ear,
p g p Y , such as
junk vehicles.
The City Manager noted that this coming year's enforcement efforts will target enforcement items
and try to get the entire city in compliance in a "gross fashion" in May. He explained the plan would
be to zero in on the worst offenses first, but that the effort will also address housin g issues on a
particular site and not just focusing on areas where an accumulation of junk vehicles and other items
have accumulated. He pointed out further that in June the plan is to start block -by -block and focus
on more housing - related enforcement items.
• 2/18/97 -7-
DRAFT
ADJOURNMENT •
There was a motion by Commissioner Erickson and seconded by Commissioner Deuel to adjourn
the meeting. The motion passed. The joint meeting of the Brooklyn Center City Council and
Brooklyn Center Housing Commission adjourned at 8:50 p.m.
City Clerk Mayor
I
i
2/18/97 -8-
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
FEBRUARY 24, 1997
CITY HALL
CALL TO ORDER
The Brooklyn Center City Council met in regular session and was called to order by Mayor
Myrna Kragness at 7:00 p.m.
ROLL CALL
Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Debra Hilstrom, Kay Lasman,
and Robert Peppe. Also present: City Manager Michael J. McCauley, Public Services Director
Diane Spector, City Engineer Scott Brink, City Attorney Charlie LeFevere, and Council
Secretary LeAnn Larson.
INVOCATION
• Invocation was given by Father Martin Stillmock, St. Alphonsus Church.
COUNCIL REPORTS
Councilmember Carmody reported on a recent Human Rights and Resources Commission
meeting and that the Commission's bias/hate crime response policy proposal should be ready
for the joint meeting in April with the City Council. Councilmember Lasman reported on a
recent Crime Prevention meeting and the starting of a neighborhood watch by a boy scout
troop.
PRESENTATION
State Representative Phil Carruthers noted that the Legislative session is underway. Issues
under consideration include: the State budget surplus, the crime issue, and the multi -unit
property bill. He also noted work on the Brookdale water ponding funding bill.
APPROVAL OF AGENDA AND CONSENT AGENDA
Councilmember Hilstrom requested item 61 be removed from the consent agenda for
discussion. Mayor Kragness y requested that item 10. . Heritage Festival Discussion be added
g q g g
• 2/24/97 -1-
DRAFT
to the agenda. Councilmember Peppe requested item 6.g. be removed from the consent agenda
for discussion.
A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to approve
the agenda and consent agenda as amended passed unanimously.
APPROVAL OF MINUTES
A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to approve
minutes of the January 27, 1997 - Regular Session as printed passed unanimously.
APPROVAL OF APPLICATION FOR EXEMPTION FROM LAWFUL GAMBLING
LICENSE (RAFFLE) FROM EARLE BROWN ELEMENTARY PTA
A motion was made by Councilmember Carmody to approve the application for exemption
from lawful gambling license (raffle) from Earle Brown Elementary PTA. The motion was
seconded by Councilmember Hilstrom and passed unanimously.
APPROVAL OF APPLICATION FOR EXEMPTION FROM LAWFUL GAMBLING
LICENSE (RAFFLE) FROM NORTH HENNEPIN COMMUNITY COLLEGE
A motion was made by Councilmember Carmody to approve the application for exemption
from lawful gambling license (raffle) from North Hennepin Community College. The motion .
was seconded by Councilmember Hilstrom and passed unanimously.
RESOLUTION NO. 97 -35
Member Carmody introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING ISSUANCE OF A LAWFUL GAMBLING LICENSE TO
THE BROOKLYN CENTER FIRE DEPARTMENT RELIEF ASSOCIATION TO OPERATE
A PULL -TAB MACHINE AT THE DUOOS BROTHERS LEGION POST #630
The motion for the adoption of the foregoing resolution was duly seconded by member
Hilstrom and passed unanimously.
PROCLAMATION DECLARING MARCH 2 THROUGH MARCH 9, 1997 AS
VOLUNTEERS OF AMERICA WEEK
A motion was made by Councilmember Carmody declaring March 2 through March 9, 1997,
as Volunteers of America Week. The motion was seconded by Councilmember Hilstrom and
passed unanimously.
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•
DRAFT
RESOLUTION NO. 97-36
. Member Carmody introduced the following resolution and moved its adoption:
RESOLUTION APPROVING CHANGE ORDER NO. 1, IMPROVEMENT PROJECT NO.
1995 -05, CONTRACT 1996 -C, 69TH AVENUE NORTH, SHINGLE CREEK PARKWAY
TO DUPONT AVENUE NORTH, STREET, BRIDGE REPLACEMENT, ROADWAY,
DRAINAGE, AND UTILITY IMPROVEMENTS
The motion for the adoption of the foregoing resolution was duly, seconded by member
Hilstrom and passed unanimously.
RESOLUTION NO. 97 -37
Member Carmody introduced the following resolution and moved its adoption:
RESOLUTION APPROVING CHANGE ORDER NO. 1, IMPROVEMENT PROJECT NOS.
1996 -06, 07, AND 08, CONTRACT 1996 -G, LOGAN, JAMES, KNOX, AND 57TH,
STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS
The motion for the adoption of the foregoing resolution was duly seconded by member
Hilstrom and passed unanimously.
LICENSES
Mechanical Systems
Excel Air Systems, Inc. 2075 Prosperity Road, Maplewood
North Suburban Heat & Air 19066 Jasper NW, Anoka
Owens Services Corporation 930 East 80th Street, Bloomington
Preferred Mechanical Services 7643 Logan Avenue South, Richfield
River City Sheet Metal, Inc. 10105 Linnet Street NW, Anoka
Rental Dwellings
Initial:
Imo Lane 5937 Camden Avenue North
William Washington 5239 -41 Drew Avenue North
Renewal:
Evangelical Lutheran Church
of the Master Brookdale Manor
Norman Chazin Carrington Drive
Center Park Senior Apts Maranatha Place
Norman Chazin 6037 Brooklyn Boulevard
Nancy Dahlquist 4700 Lakeview Avenue North
2/24/97 -3-
DRAFT _
OPEN FORUM
There were no requests for open forum.
PUBLIC HEARINGS
ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING
THE ZONING CLASSIFICATION OF CERTAIN LAND (BROOKDALE MITSUBISHI)
City Manager McCauley explained that this ordinance amendment was first read on January 27,
1997, published in the official newspaper on February 5, 1997, and is offered for a second
reading and public hearing.
On January 13, 1997, the Council adopted Resolution No. 97 -09 which approved Planning
Commission Application No. 96017, submitted by Brookdale Mitsubishi. That application was
a request for rezoning and Planned Unit Development approval for the development of a
Mitsubishi dealership on 7.035 acres of land located along the west side of Brooklyn
Boulevard, northerly of Shingle Creek. One of the conditions of that approval required the
applicant to replat the various parcels into a single parcel and that this replat be given final
approval and be filed with Hennepin County prior to the issuance of building permits for the
proj ect.
On January 27, 1997, the Council approved Planning Commission Application No. 97002,
submitted by Brookdale Mitsubishi, requesting Preliminary Plat approval to combine the four
parcels of land into a single parcel. Also at that time, the City Council considered a first
reading on an ordinance amendment relating to Chapter 35 regarding the zoning classification
of this land. This is a housekeeping -type ordinance amendment and would redescribe the
properties created through this platting process. The applicant has not submitted the final plat
for this property; therefore, the legal descriptions utilized in the zoning ordinance amendment
are non - existent.
A motion by Councilmember Hilstrom and seconded by Councilmember Carmody to open the
public hearing passed unanimously.
There was no public input.
A motion by Councilmember Carmody and seconded by Councilmember Peppe to close the
public hearing passed unanimously.
A motion was made by Councilmember Carmody to continue the public hearing until the final
plat is received. The motion was seconded by Councilmember Lasman and passed
unanimously.
2/24/97
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DRAFT
PUBLIC HEARING REGARDING PROPOSED IMPROVEMENT PROJECT NOS 1997 -01,
02, AND 03, ORCHARD LANE WEST STREET. STORM DRAINAGE AND UTILITY
IMPROVEMENTS
City Engineer Scott Brink introduced Improvement Project Nos. 1997 -01, 02, and 03 in the
Orchard Lane West area. The proposed improvements are generally described as follows:
replacement of the existing streets with new bituminous surfacing and concrete curb and gutter,
storm sewer installation, repair and replacement of existing sanitary sewer mains, replacement
of all water mains, and street light replacements. Additional street lighting will also be installed
at locations where allowed under the City's street lighting policy.
Councilmember Hilstrom asked about the time factor in project completion as compared to the
Orchard Lane East project area in 1996. Mr. Brink stated that last year's improvement project
in this area was completed by the projected date.
Councilmember Carmody asked about additional street lights. Mr. Brink noted the 700'
minimum distance for street lights, citing the addition of five street lights in the project area.
Councilmember Hilstrom asked about the street light brilliancy. Mr. Brink noted that the new
lights will be a softer light but still as bright. Ms. Hilstrom also asked if the range in lighting
distance would be the same; Mr. Brink responded affirmatively.
A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to open the
public hearing passed unanimously.
Public input was offered.
Mayor Kragness read a letter from Orwall Olson, 6324 Perry Avenue North, in support of the
project.
Arlene Kemp, 4807 Howe Lane, requested additional lighting in the Howe Lane cul -de -sac and
along the path in the Orchard Lane Park area. Mr. Brink will look into this matter.
Will Rogers, 5207 65th Avenue North, expressed concern over some large evergreens in his
front yard and the street easement area. Mr. Rogers also inquired about how to work out details
with the project contractor to get his driveway redone at the same time as the street aprons are
being done. Councilmember Carmody reminded citizens that many more details are
forthcoming in project newsletters and mailings.
Doug Haftings, 5201 Howe Lane, asked questions regarding the crown of the road, widening
the width of the apron, the order of project work, and various assessment questions, to which
Ms. Spector responded.
• 2/24/97 -5-
DI
Ron Lindgren, 1707 69th Avenue North, inquired why the street lights were being replaced
rather than reused. Mr. McCauley responded that cost of operation was a factor, and Ms. +�
Spector advised that the reduced costs of electricity paid back the cost of new lights over the
life of the fixtures.
Clarence Dhein, 6344 Quail Avenue North, inquired about parking when aprons are curing.
Ms. Spector noted that no ticketing is done in street project areas due to these special
circumstances.
Bill Brain, 5207 Eleanor Lane, asked why he will be paying the same assessment when his
sanitary sewer line is not proposed to be replaced. Mr. McCauley responded that the Council
policy resulted in the same charge regardless of street width, amount of traffic, and other
factors, and, while not perfect, was a reasonably fair way to treat all residences the same.
Trevor Strike; 5131 Winchester Lane, asked that closed roads in the project area be better
marked. Ms. Spector said that the issue of providing better signage will be addressed.
Jim McCabe, 6218 Unity Avenue North, suggested that the sanitary sewer lines in his area need
replacing. Ms. Spector will refer this matter to the project manager.
Don Eliason, 5313 Boulder Lane, expressed concerns over storm drainage in his area. Mr.
Brink will look into this matter.
Ted Fritz, 4819 Howe Lane, was not in support of the proposed project.
Sharon Kephart, 5130 65th Avenue North, asked about getting enough notice by the contractor
to vacate a driveway or street area. Ms. Spector asked that anyone with special needs contact
the Engineering Department to apprise them of the situation.
Ruth Defer, 6342 Unity Avenue North, asked if replacement of the water service lines would
increase water pressure in her home. Ms. Spector responded that the project may improve
water pressure in the main but that internal plumbing in the home may also be an inhibiting
factor.
Duane Dykhuizen, 5124 Winchester Lane, inquired if there is an increase in crime during this
type of project. Ms. Spector said there was no information from past projects indicating any
increase in crime during construction.
Jim Lange, 5213 Howe Lane, asked if the storm sewer line running through his property would
be replaced; Mr. Brink said no.
Mike Limberis, 6412 Perry Avenue North, asked about more street lights on Perry Avenue.
Mr. Brink will look into this matter.
2/24/97
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D nA F T
Thomas Stumm, 5219 Howe Lane, asked if the City replaces dug up property stakes. Ms.
• Spector said they are replaced as best as possible.
A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to close the
public hearing passed unanimously.
Councilmember Carmody noted the strong support for the proposed improvement project, as
indicated by previous area meetings of the Orchard Lane west neighborhood.
RESOLUTION NO. 97-38
Member Carmody introduced the following resolution and moved its adoption:
RESOLUTION ORDERING IMPROVEMENTS AND AUTHORIZING PREPARATION OF
PLANS AND SPECIFICATIONS, IMPROVEMENT PROJECT NOS. 1997 -01, 02, AND 03,
ORCHARD LANE WEST, STREET, STORM DRAINAGE, AND UTILITY
IMPROVEMENTS
The motion for the adoption of the foregoing resolution was duly seconded by member
Hilstrom and passed unanimously.
PLANNING COMMISSION APPLICATION NO 97003 SUBMITTED BY SUNLITE
PROPERTIES
The applicant, Sunlite Properties III, is seeking an amendment to the Planned Unit
Development approval granted to this same applicant under Planning Commission Application
No. 96002 on March 25, 1996. The new proposal is for a 73,903 sq. ft. office/industrial
building on the 6.25 acre site located west of Parkway Circle, north of the Hilton Hotel.
The previously approved Planned Unit Development for this same applicant was for a 69,778
sq. ft. office /industrial building on this same site in March, 1996. Prior to that, the City Council
had granted site and building plan approval to General Litho Services, Inc., for an 80,000 sq.
ft. office /industrial building in March, 1995.
The current application is a new, but very similar, plan for the development of this property.
The plan, in addition to providing for a somewhat larger facility, would shift the building
easterly approximately 25 feet and would provide access and parking around the entire
building. The other significant alteration would be along the south side of the building where
loading docks would be provided for each of the tenant spaces rather than the centralized
loading spaces comprehended under the 1996 approval.
This matter was considered by the Planning Commission at its February 12, 1997, meeting and
was recommended for approval with several conditions.
2/24/97 -7-
uKAFT
Councilmember Hilstrom inquired if tax increment was being used in the project. Mr.
McCauley responded by saying yes, with pay -as- you -go soils correction. However, the ,
developer will repay the cost of soil corrections through taxes on this property. The property,
through tax increment, will have a net cost to the developer competitive with land without soil
problems. The only tax increment use is to correct the soils so that the property can be
developed.
Councilmember Carmody asked if the watershed problem had been resolved; Mr. McCauley
said yes.
A motion was made by Councilmember Carmody to approve Planning Commission
Application No. 97003 submitted by Sunlite Properties subject to the conditions as
recommended by the Planning Commission:
1. Building plans are subject to review and approval by the Building Official with respect
to applicable codes prior to the issuance of permits.
2. Grading, drainage, and utility plans are subject to review and approval by the City
Engineer prior to the issuance of building permits.
3. A performance agreement and supporting financial guarantee in an amount to be
determined based on cost estimates shall be submitted prior to the issuance of permits
to insure the completion of site improvements.
4. Any outside trash disposal facilities and rooftop or on- ground mechanical equipment
shall be appropriately screened from view.
5. The building is to be equipped with an automatic fire extinguishing system to meet
NFPA standards and shall be connected to a central monitoring device in accordance
with Chapter 5 of the City Ordinances.
6. An underground irrigation system shall be installed in all landscaped areas to facilitate
site maintenance.
7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City
Ordinances.
8. B -612 curb and gutter shall be provided around all parking and driving areas.
9. The applicant shall submit an as -built survey of the property, improvements, and utility
service lines prior to the release of the performance guarantee.
10. The property owner shall enter into an easement and agreement for maintenance and
2/24/97 -8-
DRAFT
inspection of utility and storm drainage systems prior to the issuance of permits.
• 11. The applicant shall provide appropriate erosion and sediment control devices on the site
during construction as approved by the Engineering Department.
12. The following additional financial guarantees will be deposited with the City Engineer
by the applicant:
A. A $2,500 cash surety as required by the Wetland Conservation Act.
B. A $5,000 cash surety to insure completion of required wetland monitoring.
13. Ponding areas required as part of the storm drainage plan shall be protected by an
approved easement. The easement document shall be executed and filed with Hennepin
County.
14. The 20 parking stalls indicated on the north side shall be dedicated as off -site accessory
parking for the sole use of the adjoining property to the north. Said declaration shall
be filed with the title to the properties prior to the issuance of permits.
15. All work performed and materials used for construction of utilities shall conform to the
City of Brooklyn Center's current standard specifications and details.
• 16. An ordinance amendment vacating a portion of the drainage and utility easement on this
property affected by the proposed building expansion shall be accomplished prior to the
issuance of building permits for this project.
The motion was seconded by Councilmember Lasman and passed unanimously.
AN ORDINANCE VACATING DRAINAGE AND UTILITY EASEMENTS IN TRACT A
REGISTERED LAND-SURVEY NUMBER 1572 (SUNLITE PROPERTIES)
This property is located along Parkway Circle in the commercial/industrial area bounded by
Shingle Creek Parkway, Freeway Boulevard, and Shingle Creek.
As part of the site plan for Sunlite Properties, it will be necessary to vacate two existing
drainage and utility easements and to establish new easements to accommodate the site plan as
well as requirements of the City and Shingle Creek Watershed Commission.
A motion was made by Councilmember Carmody to approve the first reading of this ordinance
and set March 24, 1997, for the public hearing and second reading. The motion was seconded
by Councilmember Lasman and passed unanimously.
COUNCIL CONSIDERATION ITEMS
2/24/97 -9-
1 2 0" RAFT
HERITAGE CENTER OPEN HOUSE
•
City Manager McCauley explained the concept of holding a community open house at the
Heritage Center on Sunday, June 22, 1997. The Heritage Center staff, the Brooklyn Historical
Society, and the Earle Brown Days Committee are in support of this community open house
to showcase the facility and its potential for many different types of uses. In conjunction with
this open house, non - profit, community- based, non - political organizations would be asked to
join in showcasing both the facility and the community. This opportunity would allow
community residents the opportunity to tour and explore the facility in an atmosphere that
would also include social and entertainment value for them.
Councilmember Peppe inquired about the possible ways for promoting the Heritage Center.
Mr. McCauley said that anyone considering retreats, conferences, banquets, meetings, etc., for
their group or activity would have the opportunity to go through the facility. Publication would
be done in newsletters and other sources.
Mayor Kragness noted that the public should take advantage of this excellent opportunity to
see such a fine facility.
Councilmember Hilstrom stated that the City should reimburse the Heritage Center for staff
time and other costs involved to remain consistent with the current policy. Mr. McCauley
remarked that staff time would be minimal, only for some setup and cleanup. Costs could be
split, perhaps. He further stated that any advertising for the open house would result in .
increased business opportunities for the Heritage Center.
Councilmembers Peppe and Carmody expressed agreement in the idea of splitting the costs
with the Heritage Center. Mr. McCauley suggested the Council authorize the tracking of
marginal costs in order to split the costs of the open house between the City's general fund
budget and the Heritage Center's budget.
Councilmember Lasman asked if the marketing of this open house could "piggyback" the
advertising announcements done by the Earle Brown Days Committee. Mr. McCauley said
yes; the Committee was willing to cooperate.
A motion was made by Councilmember Carmody to proceed with the idea of holding an open
house at the Heritage Center on Sunday, June 22, 1997. The motion was seconded by
Councilmember Lasman and passed unanimously.
DISCUSSION OF PAWN SHOPS
City Manager McCauley responded to several inquiries regarding zoning issues and pawn shops
from the last Council meeting. He suggested that the Planning Commission might look at
pursuing various options, such as establishing greater distance limitations between pawn shops
•
2/24/97 -10-
URAFT
and certain types of uses, and possible separation requirements between pawn shops. Also, the
zoning issue of limiting the distance of pawn shops from residential areas could be addressed
• by the Planning Commission.
A motion was made by Councilmember Hilstrom to bring this matter to the Planning
Commission for their recommendation. The motion was seconded by Councilmember Peppe
and passed unanimously.
AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY A
MINNESOTA CORPORATION. ITS SUCCESSORS AND ASSIGNS PERMISSION TO
CONSTRUCT OPERATE. FPAIR AND MAINTAIN IN THE CITY OF BROOKLYN
YN
CENTER. MINNESOTA AN ELECTRIC DISTRIBUTION SYSTEM AND
TRANSMISSION LINES. INCLUDING NECESSARY POLES. LINES FIXTURES AND
APPURTENANCES, FOR THE FURNISHING OF ELECTRIC ENERGY TO THE CITY.
ITS INHABITANTS AND OTHERS. AND TO USE THE PUBLIC WAYS AND PUBLIC
GROUNDS OF THE CITY FORS SUCH PURPOSES
City Manager McCauley explained that this item represents the renewal of NSP's franchise
agreement with the City, and was tabled from the February 10, 1997, Council meeting.
However, since the City and NSP have not agreed to all issues in this franchise agreement, Mr.
McCauley asked that this matter be tabled again.
A motion was made by Councilmember Carmody to table this item until a future Council
• meeting. The motion was seconded by Councilmember Hilstrom and passed unanimously.
RESOLUTION APPROVING LEASE AGREEMENT BETWEEN THE CITY AND SPRINT
SPECTRUM FOR THE SITING OF PERSONAL WIRELESS COMMUNICATIONS
FACILITIES AT WATER TOWER NO. 1
City Manager McCauley explained that a few months ago the Council approved a policy and
a model lease relating to the potential lease of space on water towers for use by personal
wireless communications facilities. This was in response to the growing number of players in
the PCS (personal communications systems) area of cellular and digital communications.
Staff had reached an agreement with SBA, Inc., which is acting as an agent for Sprint
Spectrum, a digital PCS provider, for the lease of space on Water Tower No. 1 (France and 69th
Avenues) and space on that parcel of land for the siting of its associated electronic equipment.
This would represent the first such lease of City facilities for this purpose.
The lease is based upon the model lease, with a few changes negotiated between SBA and the
City Attorney and staff. The change was to provide one additional five -year renewal to a
potential of a 20 -year lease and an increase in the base rent from $12,000 a year to $14,500 a
year. The proposed lease adequately provides for the protection of the water tower and its
• 2/24/97 -11-
DRAFT,
operation, and does not, for those areas where the City has authority to regulate, result in a
health or safety risk to the community. The FCC has regulatory authority over areas such as
interference with other communications, concerns over possible health risk associated with the
technology, and many areas related to operations.
The lease agreement covers the areas of primary concerns: lease payment, aesthetics, protection
of the structure and operations, maintenance, safety and liability, and termination.
City Attorney LeFevere stated that several minor modifications which would not alter the
essential terms of the lease agreement may be necessary but would be approved by the City
Manager and City Attorney.
RESOLUTION NO. 97-39
Member Carmody introduced the following resolution and moved its adoption:
RESOLUTION APPROVING LEASE AGREEMENT BETWEEN THE CITY AND SPRINT
SPECTRUM FOR THE SITING OF PERSONAL WIRELESS COMMUNICATIONS
FACILITIES AT WATER TOWER NO. 1
The motion for the adoption of the foregoing resolution was duly seconded by member
Hilstr
om and passed unanimously.
Mayor Kragness requested a brief recess at 8:58 p.m.
The Council meeting reconvened at 9:07 p.m.
REQUEST FOR PRO -RATA REFUND OF LIQUOR LICENSE
City Manager McCauley explained a request from the operator of the Rookies Bar for a P ro -rata
refund of his liquor license fee. The criteria established in the City Ordinance does not include
termination of the lease b the lessor. Amon the reasons for y g o granting a pro -rata refund would
include the death or disability of the license holder or physical destruction of the premises. City
Attorney LeFevere indicated that it might be possible to consider additional reasons to allow
g
for a pro -rata refund where the person has gone out of business.
Councilmember Carmody asked if the Council would be considering these type of requests for
pro -rata refunds on a case -by -case basis. Mr. McCauley responded that there may be a way to
craft some language to deal with all such requests. He also said that a refund policy for liquor
licences could be established similarly to that for refunds of building permits. Mr. McCauley
detailed several reasons for and against changing the policy.
Councilmember Hilstrom suggested that the City stay consistent with other communities in
2/24/97
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3 3 % sons,
f L
similar circumstances. V
• Councilmember Peppe stated that no reimbursement should be granted in this case and no
changes should be made to present liquor license policy.
Mayor Kragness stated that the $11,000 liquor license fee paid, in this case, was too excessive
for only two months of doing business. There will no longer be police expense associated with
this property for this license.
Councilmember Lasman asked how often these requests are received; Mr. McCauley said
seldom. Ms. Lasman agreed with Councilmember Hilstrom that the City should look at how
other communities handle these atypical situations.
Councilmember Peppe again stated that the liquor license policy should be left the way it is.
Councilmember Carmody said that this was a small business owner and had been paying taxes.
A motion was made by Councilmember Carmody directing staff to explore what options the
City has to refund in this case. The motion was seconded by Councilmember Lasman and
passed on a vote of Councilmembers Carmody, Hilstrom, Lasman and Mayor Kragness voting
aye; Councilmember Peppe voted nay.
• RESOLUTION AWARDING A CONTRACT FOR PROFESSIONAL SERVICES,
IMPROVEMENT PROJECT NO. 1995 -03, SHINGLE CREEK REGIONAL POND
PROJECT. PHASE 1
City Manager McCauley explained that the consulting firm of SEH, Inc., had completed a
feasibility report and Environmental Impact Worksheet in 1996 to provide groundwork for the
construction of the Shingle Creek Regional Pond. The proposed pond construction project has
been discussed and contemplated by both the Cities of Minneapolis and Brooklyn Center for
some time. Construction of this project merits considerable value, need, and advantages for
both cities. Due to the large costs of the project, and the limited amount of funding available,
the project was essentially stalled in 1996.
However, it is feasible and recommended that portions of the project be completed in a
progressive or phased manner as funding becomes available. In addition to the regional pond
to be constructed in Minneapolis, the project would also include the routing (piping) of storm
water from the Brookdale Mall property to the existing ponds within Centerbrook Golf Course.
The feasibility report completed by SEH also included proposed design revisions and upgrades
to these existing ponds to provide primary treatment to the storm water runoff from Brookdale
and the surrounding commercial and residential areas. Runoff would then be directed from
Centerbrook ponds to the regional pond in Minneapolis for further treatment prior to
discharging into Shingle Creek.
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I m N J" R A L F1
Because completion of the "Brooklyn Center" portion of the project could be time consuming
due to the need to secure permits and install the crossing of T.H. 100, and potential "fast
tracking" of a project at Brookdale on short notice, it seems appropriate that the City begin
preparations for completing this phase of the project. Because SEH has completed all previous
drainage and feasibility studies, relimin design work and environmental assessments, P ary g it
is appropriate that SEH be further retained to provide design services to complete this portion
of the project, named as "Phase 1." It is anticipated that construction could begin as soon as
fall of 1997.
Councilmember Hilstrom asked about ongoing discussions with Brookdale. Mr. McCauley
stated that plan drawings for redevelopment of Brookdale may be available in March. Ms.
Hilstrom asked if the golf course would experience flooding. Mr. McCauley said this shouldn't
be a problem. Ms. Hilstrom asked that the City put this matter off until agreement has been
reached with the City of Minneapolis and with Brookdale.
Councilmember Hilstrom asked if there would be time to implement Phase 1 after the City
knows Brookdale's plan. Mayor Kragness stated it seemed all parties were waiting for any
other parry to take the first step at this point. She said the City has to do this ponding project
and should go ahead.
Councilmember Hilstrom asked what commitment Minneapolis has made to this project. Ms.
Spector stated Minneapolis has started some street reconstruction in anticipation of this project.
The Mayor of Minneapolis is on record as saying this ponding project is a high priority. .
Councilmembers Peppe and Lasman stated this project should not stop now and the City needs
to support Brookdale and any redevelopment. Councilmember Hilstrom stated she was
committed to Brookdale and wanted to move forward but a financial commitment by the City
at this point was premature.
RESOLUTION NO. 97 -40
Member Carmody introduced the following resolution and moved its adoption:
RESOLUTION AWARDING A CONTRACT FOR PROFESSIONAL SERVICES,
IMPROVEMENT PROJECT NO. 1995 -03, SHINGLE CREEK REGIONAL POND
PROJECT, PHASE 1
The motion for the adoption of the foregoing resolution was duly seconded by member Peppe
and passed on a vote of Councilmembers Carmody, Lasman, Peppe, and Mayor Kragness
voting aye; Councilmember Hilstrom voted nay.
2/24/97 0
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jam
HERITAGE FESTIVAL DISCUSSION
Duane Ostlund, representing the Marquette Bank Brookdale Heritage Festival, requested $500
from the City of Brooklyn Center for financial support of this festival.
After some discussion, Council consensus was that this "last- minute" request may merit
consideration but that the Council believed it was in an awkward position since there was no
information presented in order to help the Council make a decision. They also did not want to
set a precedent for other groups to flood the Council with requests.
Mayor Kragness suggested using funds from undesignated civic money already in the budget.
She believed Council support of the Heritage Festival was important.
A motion was made by Councilmember Carmody to table this matter to the next Council
meeting. The motion was seconded by Councilmember Peppe and passed on a vote of
Councilmembers Carmody, Hilstrom, and Peppe voting aye; Councilmember Lasman and
Mayor Kragness voted nay.
RESOLUTION AMENDING THE 1996 GENERAL FUND BUDGET TO INCREASE
APPROPRIATIONS FOR VARIOUS OPERATING FUNDS
City Manager McCauley explained that adjustments were necessary so that no department
exceeds its appropriation in the 1996 General Fund Budget.
•
Councilmember Hilstrom did not disagree with these adjustments but wanted to go on record
regarding the Charter Commission being over its budget $500 for legal costs in 1996. Ms.
Hilstrom wanted the Charter Commission to present any request in the future for over - budget
expenditures to the Council for approval. Councilmember Carmody expressed agreement with
this idea.
Mayor Kragness stated she had been a part of the Charter Commission in the past, and the
Commission didn't always use the allotted $1,500 budget each year but wasn't given "credit"
for amounts not used.
RESOLUTION NO. 97 -41
Member Carmody introduced the following resolution and moved its adoption:
RESOLUTION AMENDING THE 1996 GENERAL FUND BUDGET TO INCREASE
APPROPRIATIONS FOR VARIOUS OPERATING FUNDS
The motion for the adoption of the foregoing resolution was duly seconded by member Lasman
and passed unanimously.
• 2/24/97 -15-
DRAFT
RESOLUTION CREATING A POLICE DRUG FORFEITURE FUND. TRANSFERRING
MONEYS FROM THE GENERAI FUND AND AUTHORIZING THE APPROPRIATION
IN 1997 OF AMOUNTS UNSPENT IN 1996
Councilmember Peppe requested clarification on this issue.
City Manager McCauley explained this is a cleaner treatment of monies collected in one year
for drug forfeiture and not spent until the next year.
Councilmember Hilstrom left the Council table at 10:04 p.m.
RESOLUTION NO. 97-42
Member Peppe introduced the following resolution and moved its adoption:
RESOLUTION CREATING A POLICE DRUG FORFEITURE FUND, TRANSFERRING
MONEYS FROM THE GENERAL FUND, AND AUTHORIZING THE APPROPRIATION
IN 1997 OF AMOUNTS UNSPENT IN 1996
The motion for the adoption of the foregoing resolution was duly seconded by member
Carmody and passed unanimously; Councilmember Hilstrom was absent.
ADJOURNMENT
A motion by Councilmember Carmody and seconded by Councilmember Peppe to adjourn the
meeting at 10:06 p.m. passed unanimously; Councilmember Hilstrom was absent.
I
City Clerk Mayor
Recorded and transcribed by:
LeAnn Larson
2/24/97 -16- •
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
MARCH 10, 1997
CITY HALL
CALL TO ORDER
The Brooklyn Center City Council met in regular session and was called to order by Mayor
Myrna Kragness at 7:00 p.m.
ROLL CALL
i
Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, and Robert Peppe.
Also present: City Manager Michael J. McCauley, Public Services Director Diane Spector, City
Attorney Charlie LeFevere, and Council Secretary LeAnn Larson.
Councilmember Debra Hilstrom was absent and excused.
• MOMENT OF SILENCE
A moment of silence was observed.
COUNCIL REPORT
There were no council reports.
APPROVAL OF AGENDA AND CONSENT AGENDA
A motion by Councilmember Carmody and seconded by Councilmember Peppe to approve the
agenda and consent agenda as printed passed unanimously.
APPROVAL OF MINUTES
A motion by Councilmember Carmody and seconded by Councilmember Peppe to approve
minutes of the February 10, 1997 -- Regular Session as printed passed unanimously.
RESOLUTION NO. 97-43
Member Carmody introduced the following resolution and moved its adoption:
• 3/10/97 -1-
DRAFT
RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT
PROJECT NO. 1997 -08, CONTRACT 1997 -D, REFORESTATION OF 1996 STREET ,
IMPROVEMENT AREAS
The motion for the adoption of the foregoing resolution was duly seconded by member Peppe
and passed unanimously.
RESOLUTION NO. 97 -44
Member Carmody introduced the following resolution and moved its adoption:
RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING
ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 1995 -05, CONTRACT
1997 -G, 69TH AVENUE, SHINGLE CREEK PARKWAY TO DUPONT AVENUE
LANDSCAPING
The motion for the adoption of the foregoing resolution was duly seconded b member g g Y Y Peppe
and passed unanimously.
RESOLUTION NO. 97 -45
Member Carmody introduced the following resolution and moved its adoption:
RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING
ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NOS. 1997 -01, 02, AND 03,
CONTRACT 1997 -E, ORCHARD LANE WEST STREET, STORM DRAINAGE, AND
UTILITY IMPROVEMENTS
The motion for the adoption of the foregoing resolution was duly seconded by member Peppe
and passed unanimously.
LICENSES
Mechanical Systems
Northwestern Service, Inc. 791 Hampden Avenue, St. Paul
Rental Dwellings
Initial:
Dan Ista 7211 Girard Avenue North
Renewal:
Valley Investment & Management Humboldt Square Apartments
Marcus Corporation 6415 James Circle North
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Elfreda Ploof 5319 Queen Avenue North
Paul Henkel 3012 -3018 51 st Avenue North
Joe and Madeliene Roche 824 69th Avenue North
Taxica
Town Taxi Gerald Olson, Cab No. 100 7700 57th Avenue North, Crystal
OPEN FORUM
There were no requests for open forum.
PUBLIC HEARINGS
AN ORDINANCE AMENDING CHAPTERS 35 19 AND 7 OF THE CITY ORDINANCES
RELATING TO THE PUBLIC HEALTH SAFETY, MORALS AND GENERAL
WELFARE: ADULT ESTABLISHMENTS
City Manager McCauley explained that this item was first read on February 10, 1997, published
in the official newspaper, and was being offered for a second reading and public hearing.
Planning and Zoning Specialist Ron Warren stated that the ordinance amendment would
• provide for and define adult uses which would be concentrated in the Industrial Park (1 -1)
zoning district rather than to be dispersed throughout the commercial districts within the City.
The recommended ordinance amends three separate chapters under the City Ordinances.
Chapter 35, which is the City's Zoning Ordinance, establishes a new section defining "adult
establishments" as well as other terms relating to adult establishments and would limit the
location of adult establishments to the I -1 zoning district.
The proposed ordinance would also amend Chapter 19, which relates to nuisances and petty
offenses, to establish certain regulations relating to a specific category of adult establishments,
that being "adult cabarets." The ordinance amendment would also amend Chapter 7 which
deals with general health and sanitation regulations and would add regulations for commercial
premises, buildings, and structures that may be conducive to the spread of communicable
diseases. The moratorium relating to adult establishments is set to expire on March 30, 1997.
Mayor Kragness noted that no applications had been received thus far for adult establishments
in Brooklyn Center.
A motion by Councilmember Carmody and seconded by Councilmember Peppe to open the
public hearing passed unanimously.
Dan Remiarz, 6201 June Avenue North, spoke in opposition to having these kind of businesses
. 3/10/97 -3-
DRAF
in Brooklyn Center. Mr. McCauley stated that the City was not fostering these kind of
establishments, but was trying to restrict them as much as was legally defensible. ,
Rosemary Gordon, 6666 Xerxes Place North, asked Mr. Warren to clarify the map depicting
the proposed area allowing these establishments.
John Yelich, 1721 Irving Lane North, asked if businesses presently in this industrial area
approve of the City's proposed plan to allow adult establishments. Mr. McCauley noted that
privately -owned businesses don't have to rent space to adult businesses if they don't want to.
Alan Helfinstine, 6907 Oliver Avenue North, expressed concern about the berms on 69th
Avenue and possible pedestrian traffic into this industrial area. He suggested a fence be erected
to control pedestrian traffic.
Councilmember Lasman asked if the City could legally limit the number of adult
establishments in this proposed area. Mr. McCauley responded that the zoning code does not
limit the number but reflects the Planning Commission's view that the City be the most
restrictive it can be given that total prohibition of these establishments is not possible.
City Attorney Charlie LeFevere stated that anti -trust and First Amendment issues might be
involved when trying to limit the number of these type businesses.
Councilmember Peppe asked if we can further restrict these businesses by limiting their
proximity to residential areas and limiting their distance from other such businesses. Mr.
P tY s
g
LeFevere responded that certain limitations might be permissible, so long as there was a
reasonable outlet for this expression
(constitutional law).
Mr. Warren again explained th
g p e view of the Planning ommission in choosing a concentration
II �
type model (proposed use located in a certain area) versus a dispersion model (proposed use
located throughout community).
Councilmember Peppe asked if the City would be issuing licenses for these establishments.
Mr. McCauley said no, as the City doesn't want to be on record as approving this type of
business. Mr. McCauley also suggested that, from a zoning standpoint, separation and
screening issues could be dealt with.
Councilmember Carmody asked about beer /wine restrictions and the issue of alcohol in these
adult establishments. Mr. LeFevere responded that the City's liquor license code already
disallows public nudity, however, the restriction does not occur in the beer /wine section of the
code.
Councilmember Carmody asked about any conflict over use of parcels in this proposed area
should ownership Mr. Warren
stated that the I -1 zone already ead has the biggest buffer
y gg e
3/10/97
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DRAFT
to residential areas and has extensive screening already built into the zoning code. Also, the
City prohibits access to this area off of 69th Avenue.
A motion was made by Councilmember Carmody to direct staff to amend the wine license and
beer license sections of the liquor code to prohibit nudity on the licensed premises. The motion
was seconded by Councilmember Peppe and passed unanimously.
A motion by Councilmember Carmody and seconded by Councilmember Lasman to close the
public hearing passed unanimously.
ORDINANCE NO. 97-03
Member Carmody introduced the following ordinance and moved its adoption:
AN ORDINANCE AMENDING CHAPTERS 35, 19, AND 7 OF THE CITY ORDINANCES
RELATING TO THE PUBLIC HEALTH, SAFETY, MORALS, AND GENERAL
WELFARE: ADULT ESTABLISHMENTS
The motion for the foregoing ordinance was duly seconded by member Lasman and passed
unanimously.
PUBLIC HEARING REGARDING PROPOSED IMPROVEMENT PROJECT � G SE R C NO S. 1997 -04
• 05. AND 06 FRANCE AVENUE 69TH AVENUE TO NORTH CITY LIMITS STREET.
STORM DRAINAGE AND UTILITY IMPROVEMENTS
City Engineer Scott Brink introduced the proposed improvements to roadway, storm drainage,
and utilities along France Avenue from 69th Avenue North to 73rd Avenue North (City limits).
The project proposes to reconstruct the roadway with new bituminous surfacing, add concrete
curb and gutter, provide upgrades to existing utilities, provide a stand -by emergency water
connection with the City of Brooklyn Park, and improve drainage.
In accordance with the City Council's policy regarding improvement projects in residential
areas, proposed assessments have been made on a unit basis. The Council's 1997 residential
rate for street reconstruction is $2,000 per parcel. The rate for storm drainage improvements
is $650 per parcel.
A motion by Councilmember Carmody and seconded by Councilmember Lasman to open the
public hearing passed unanimously.
Councilmember Carmody asked about street lighting in the project area. Mr. Brink responded
by saying that lighting was essentially sufficient, but one additional light might be added at an
unlit corner in the area.
3/10/97 -5-
DRAFT
Dan Remiarz, 6201 June Avenue North, asked how the sanitary sewer lines were replaced. Mr.
Brink explained how relining work is done in areas where replacement was difficult due to the
depth of the lines.
Mayor Kragness asked if there would be diminished flow; Mr. Brink said no. Mr. Brink also
noted that the relining process has been used for years.
Will Krogh, 7119 France Avenue North, asked about chokers and parking being allowed on one
side of street, as is the present way. Councilmember Carmody responded that it would be
redone as it currently is.
Delbert Beecher, 7037 France Avenue North, asked if owners could have a turnaround area
paved on their private property. Mayor Kragness suggested Mr. Beecher talk to Mr. Brink.
Mike Rediske, 7018 France Avenue North, questioned the City assessing affected property
owners for these improvements when France Avenue is a Minnesota State Aid roadway. Mr.
Rediske also believed that by fixing France Avenue, more traffic would travel this route.
Public
Services Director Diane Spector responded by saying the City's policy for special
assessments dates back to 1964, and these improvements do indicate an increase in property
value, therefore, are justifiable. Mr. Spector also said that unless there is new housing in this
area, France Avenue should not see increased traffic flow after reconstruction of the roadway.
A motion by Councilmember Carmody and seconded by Councilmember Lasman to close the
public hearing passed unanimously.
RESOLUTION NO. 97 -46
Member Carmody introduced the following resolution and moved its adoption:
RESOLUTION ORDERING IMPROVEMENTS AND AUTHORIZING PREPARATION OF
PLANS AND SPECIFICATIONS, IMPROVEMENT PROJECT NOS. 1997-04,05, AND 06,
FRANCE AVENUE, 69TH AVENUE TO NORTH CITY LIMITS STREET, STORM
DRAINAGE, AND UTILITY IMPROVEMENTS
The motion for the adoption of the foregoing resolution was duly seconded by member Lasman
and passed unanimously.
PUBLIC HEARING ON PROPOSED USE OF FUNDS FOR 1997 COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
City Manager McCauley explained the staff recommendation for housing and community
development needs and priorities of the City and Urban Hennepin County and the City's
proposed use of the 1997 Urban Hennepin County Community Development Block Grant
3/10/97 -6-
Program planning allocation of $247,856. DRAFT
• The following proposed activities with the 1997 Urban Hennepin County CDBG funds start on
or about July 1, 1997:
Rehabilitation of private property $ 60,000
Household Outside Maintenance for the Elderly (H.O.M.E.) $ 7,000
53rd Avenue Development and Linkage Project $180,856
Mr. McCauley noted that CEAP (Community Emergency Assistance Program, Inc.) and CASH
(Community Action for Suburban Hennepin) had each made requests for consideration of block
grant funds. CEAP had requested $5,000, and CASH had requested $6,000. These two
requests were not included in the proposed CDBG budget.
Councilmember Carmody stated that since the Council agreed last year (in discussions of social
service monies allotted in the 1997 Proposed General Budget) not to fund CEAP, she said
neither CEAP nor CASH should be granted CDBG monies at this time.
A motion by Councilmember Carmody and seconded by Councilmember Peppe to open the
public hearing passed unanimously.
Mike Czarnik, representing CASH, discussed three programs which are widely used by
residents of Brooklyn Center: the tenant hotline, foreclosure prevention program, and home
• ownership program. He stated that funding for CASH at present comes from CDBG grants
from other cities and state grants.
A motion by Councilmember Carmody and seconded by Councilmember Peppe to close the
public hearing passed unanimously.
RESOLUTION NO. 97 -47
Member Carmody introduced the following resolution and moved its adoption:
RESOLUTION APPROVING PROJECTED USE OF FUNDS FOR 1997 URBAN
HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
AND AUTHORIZING SIGNATURE OF SUBRECIPIENT AGREEMENT WITH
HENNEPIN COUNTY AND ANY THIRD PARTY AGREEMENTS
The motion for the adoption of the foregoing resolution was duly seconded by member Peppe
and passed unanimously.
• 3/10/97 -7-
f
L OO F
COUNCIL CONSIDERATION ITEMS
•
Mayor Kragness expressed appreciation of TGI Friday's and its donation of $2,710 to the
DARE program of Brooklyn Center.
HERITAGE FESTIVAL REQUEST
Councilmember Carmody noted a recent editorial written by Duane Ostlund inaccurately
reported the vote of the Council at the previous Council meeting. The Council had tabled the
request to receive additional information. The Council had not decided whether to fund or not
fund the request at its last meeting. The Council has still not received any documentation or
written request for funds for the Heritage Festival.
Councilmember Peppe agreed with Councilmember Carmody that the Ostlund editorial was
misleading.
Mayor Kragness asked how the Council could say no to the request. Councilmember Carmody
said that the Council has denied requests in the past from groups who applied through proper
procedures; the Heritage Festival never even applied.
Councilmember Lasman stated that she assumed there may have been a mistake or
misunderstanding, and that the Council should move on at this point and consider funding $500
to the Heritage Festival for next year as a good tool to promote a positive image.
Mayor Kragness again spoke in favor of funding the Festival as a worthwhile event.
Councilmember Carmody stated that no one had argued the Festival being a worthwhile event,
but they didn't apply for funding as they should have done.
Mayor Kragness stated this funding request should be included in the budget for 1998.
A motion was made by Councilmember Carmody to include $500 as a line item in the budget
for next year. The motion was seconded by Councilmember Lasman, and passed on a vote of
Councilmembers Carmody and Lasman and Mayor Kragness voting aye; Councilmember
Peppe voted nay.
LIQUOR LICENSE REFUND REQUEST
City Manager McCauley outlined the results of surveying neighboring cities on their liquor
license refunds. The survey indicated that most cities surveyed had a similar policy to
Brooklyn Center's or a policy of no refunds.
Councilmember Peppe questioned the refund policy of area cities, to which Mr. McCauley
responded. Mr. McCauley further stated that there were arguments to both sides of this issue.
3/10/97 -8- •
DRAFT
Councilmember Carmody suggested leaving the liquor license policy as is and not granting a
• pro -rata refund of license fee paid.
Councilmember Peppe also spoke in opposition to a pro -rata refund but wondered about
transference of a liquor license should this business decide to relocate in Brooklyn Center.
Mayor Kragness agreed with Councilmember Peppe that we should look at this issue of transfer
of license.
Mr. McCauley stated that he would direct staff to address this issue.
SET DATE AND TIME FOR COUNCIL WORK SESSION
City Manager McCauley suggested scheduling a work session to discuss the Marquette study
with James Klas of the preliminary conclusions and recommendations from Phase I and II and
for the EDA to provide direction to Mr. Klas for the remaining phases of his study.
A motion was made by Councilmember Carmody to schedule a work session for 7 p.m. on
Monday, March 31, 1997. The motion was seconded by Councilmember Lasman and passed
unanimously.
RESOLUTION REQUESTING REPRESENTATION FROM LEAGUE OF MINNESOTA
CITIES INSURANCE TRUST FOR APPEAL
. City Manager McCauley explained that the City of Brooklyn Center is a defendant along with
the Minnesota Police Recruitment System, a Minnesota joint powers organization ( "MPRS "),
and 35 other Minnesota cities in two companion civil actions in Hennepin County District
court. The court found in 1994 that the entry level police officer selection procedures used by
the defendants violated the Minnesota Human Rights Act.
In 1996, the court made the defendants subject to the continuing jurisdiction of the court until
January 1, 2004. Said orders establish standards for review of employee selection procedures
which will be extraordinarily difficult to satisfy. In addition, said orders may be cited as a
precedent in future challenges to employee selection procedures of Minnesota cities which will
be defended by the League of Minnesota Cities Insurance Trust ( LMCIT). The City and other
defendant cities may have future employment practices challenged in the context of the Action
under the continuing jurisdiction of the court, which will be defended by the LMCIT. It would
be advantageous to the City, the defendant cities in the Action, and all other cities in Minnesota
if the Action could be successfully challenged on appeal.
The City could request the LMCIT to appeal the Action to the Minnesota Court of Appeals on
behalf of the City.
• 3/10/97 -9-
„yr 'yy. ,,... ,,a ,
._°
RESOLUTION NO. 97 -48
Member Peppe introduced the following resolution and moved its adoption:
•
RESOLUTION REQUESTING REPRESENTATION FROM LEAGUE OF MINNESOTA
CITIES INSURANCE TRUST FOR APPEAL
The motion for the adoption of the foregoing resolution was duly seconded by member
Carmody and passed unanimously.
RESOLUTION AMENDING THE 1996 AND 1997 GENERAL FUND BUDGETS TO
CARRY FORWARD AN APPROPRIATION OF 44318 FOR THE COMPREHENSIVE
PLAN UPDATE IN THE COMMUNITY DEVELOPMENT DEPARTMENT
City Manager McCauley explained that an appropriation of $40,000 was provided in the 1995
budget to begin a project to update the City's Comprehensive Plan. The appropriation was
carried forward to 1996 by Resolution No. 96 -26. An additional appropriation of $10,000 was
included in the 1996 budget to complete the project for a total cost of $50,000. Work on the
plan began in mid -1996 and services totaling $5,282 were rendered by BRW. The
Comprehensive Plan will be completed in 1997.
RESOLUTION NO. 97-49
Member Carmody introduced the following resolution and moved its adoption:
RESOLUTION AMENDING THE 1996 AND 1997 GENERAL FUND BUDGETS TO
CARRY FORWARD AN APPROPRIATION OF $44,718 FOR THE COMPREHENSIVE
PLAN UPDATE IN THE COMMUNITY DEVELOPMENT DEPARTMENT
The motion for the adoption of the foregoing resolution was duly seconded by member Lasman
and passed unanimously.
RESOLUTION CLOSING THE TAX INCREMENT BONDS OF 1985 DEBT SERVICE
FUND AND TRANSFERRING ITS REMAINING ASSETS TO THE REFUNDING TAX
IN
_ CREMENT BONDS OF 1992 DEBTS RVICE FUND
City Manager McCauley explained that this resolution closed a debt service fund which
handled the expenditures related to the payment of principal and interest costs of tax increment
bonds that were issued in 1985. By 1992, it was possible to sell bonds at a much lower interest
rate. But the bonds sold in 1985 had an option to call them for early payment which couldn't
be exercised until February 1, 1996. So, the bonds were sold in 1992 to lock in a low interest
rate and the proceeds placed in escrow until the 1985 bonds could be called. That event
happened as scheduled on February 1, 1996.
3/10/97
-10-
a 4
The 1996 budget anticipated this event, including the transfer of an accumulated surplus of
. $173,634 from the Tax Increment Bonds of 1985 debt service fund to the Refunding Tax
Increment Bonds of 1992 debt service fund. The actual surplus will be somewhat larger when
interest earned during 1996 is allocated.
RESOLUTION NO. 97-50
Member Carmody introduced the following resolution and moved its adoption:
RESOLUTION CLOSING THE TAX INCREMENT BONDS OF 1985 DEBT SERVICE
FUND AND TRANSFERRING ITS REMAINING ASSETS TO THE REFUNDING TAX
INCREMENT BONDS OF 1992 DEBT SERVICE FUND
The motion for the adoption of the foregoing resolution was duly seconded by member Peppe
and passed unanimously.
RESOLUTION AUTHORIZING THE CITY MANAGER TO WRITE -OFF
UNCOLLECTIBLE CHECKS
City Manager McCauley reported that checks totaling $1,866.09 made payable to the City of
Brooklyn Center during the year 1995 are uncollectible.
. RESOLUTION NO. 97-51
Member Carmody introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING THE CITY MANAGER TO WRITE -OFF
UNCOLLECTIBLE CHECKS
The motion for the adoption of the foregoing resolution was duly seconded by member Lasman
and passed unanimously.
RESOLUTION AUTHORIZING THE CITY MANAGER TO WRITE -OFF
UNCOLLECTIBLE ACCOUNTS RECEIVABLE
City Manager McCauley reported that there are several outstanding accounts receivable
balances that staff have deemed uncollectible, totaling $1,291.63. Efforts to collect the
outstanding balances have been unsuccessful due to bankruptcies, change in property owners,
or changing addresses without notifying the City of a forwarding address.
RESOLUTION NO. 97-52
Member Carmody introduced the following resolution and moved its adoption:
3/10/97 -11-
DRA
RESOLUTION AUTHORIZING THE CITY MANAGER TO WRITE -OFF
UNCOLLECTIBLE ACCOUNTS RECEIVABLE •
The motion for the adoption of the foregoing resolution was duly seconded by member Peppe
and passed unanimously.
RESOLUTION CALLING FOR A PUBLIC HEARING BY THE CITY ON
MODIFICATIONS OF THE TAX INCREMENT FINANCING PLAN FOR TAX
INCREMENT FINANCING DISTRICT NO 3
City Manager McCauley explained that setting a date for a hearing on modifying Tax Increment
District #3 would re -start the process that was abandoned at the end of 1996. That process
would remove several parcels from District #3 and then reinstate them at their current market
value. As discussed last year, the area around and including Brookdale has a current negative
net tax capacity. In order to position this area for redevelopment and capture that
redevelopment potential in 1998, it is necessary to modify the district prior to school levies
being set so that the modification would not adversely impact school districts.
RESOLUTION NO. 97 -53
Member Carmody introduced the following resolution and moved its adoption:
RESOLUTION CALLING FOR A PUBLIC HEARING BY THE CITY ON i
MODIFICATIONS OF THE TAX INCREMENT FINANCING PLAN FOR TAX
INCREMENT FINANCING DISTRICT NO.3
The motion for the adoption of the foregoing resolution was duly seconded by member Peppe
and passed unanimously.
RESOLUTION AMENDING THE JOINT POWERS AGREEMENT - FIRE TRAINING
ASSOCIATION TO ALLOW ANY MEMBER TO ACT AS AGENT FOR CONSTRUCTION
AT THE FRIDLEY TRAINING SITE
City Manager McCauley explained that this amendment to the Joint Powers Agreement - Fire
Training Association would permit any of the parties to function as "agent for construction" as
that term is defined in the agreement.
RESOLUTION NO. 97-54
Member Carmody introduced the following resolution and moved its adoption:
RESOLUTION AMENDING THE JOINT POWERS AGREEMENT - FIRE TRAINING
ASSOCIATION TO ALLOW ANY MEMBER TO ACT AS AGENT FOR CONSTRUCTION
3/10/97 •
-12-
DRAFT
AT THE FRIDLEY TRAINING SITE
The motion for the adoption of the foregoing resolution was duly seconded b member Lasman
P g g Y Y
and passed unanimously.
RESOLUTION CLOSING THE DISEASED TREE REMOVAL FUND AND
TRANSFERRING ITS REMAINING ASSETS TO THE SPECIAL ASSESSMENT
CONSTRUCTION FUND
City Manager McCauley explained that the Diseased Tree Removal Fund was established in
the 1970s to properly segregate the costs of Dutch Elm disease tree control activities. Since the
incidence of this disease has decreased and property owners are contracting out their own tree
removal costs, the need for this fund was eliminated.
RESOLUTION NO. 97 -55
Member Carmody introduced the following resolution and moved its adoption:
RESOLUTION CLOSING THE DISEASED TREE REMOVAL FUND AND
TRANSFERRING ITS REMAINING ASSETS TO THE SPECIAL ASSESSMENT
CONSTRUCTION FUND
The motion for the adoption of the foregoing resolution was duly seconded by member Peppe
and passed unanimously.
ADJOURNMENT
A motion by Councilmember Carmody and seconded by Councilmember Peppe to adjourn the
meeting at 8:55 p.m. passed unanimously.
City Clerk Mayor
Recorded and transcribed by:
LeAnn Larson
3/10/97 -13-
• CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the 12th day of May, 1997, at 7
p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek
Parkway, to consider an amendment to Chapter 11 of the City Ordinances prohibiting Certain
activities at establishments licensed to sell intoxicating liquor, beer, and wine.
Auxiliary aids for persons with disabilities are available upon request at least 96 hours in
advance. Please contact the City Clerk at 569 -3300 to make arrangements.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 11 OF THE CITY
ORDINANCES PROHIBITING CERTAIN ACTIVITIES AT
ESTABLISHMENTS LICENSED TO SELL INTOXICATING LIQUOR,
BEER, AND WINE
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Section 1. Chapter 11 of the City Ordinances of the City of Brooklyn Center
is hereby amended as follows:
Section 11-718. PROHIBITED ROHIBITED ACTIVITIES.
Subdivision 1. Prohibition. It is unlawful for any licensee, owner or manager of
any establishment licensed under Sections 11 -701. 101 through 11 -718 of this Code to cause,
commit, permit or allow in the licensed premises any of the activities listed in this section or any
similar activities or to sell liquor in any premises from which any such activities may be viewed
or heard.
Subdivision 2. Prohibited Activities. Activities referred to in Subdivision 1 of
this section include the following:
a. Nudity, sadomasochistic abuse or sexual conduct as those terms are defined
in Section 19 -1700 of this Code, either actual or simulated.
b. Mud wrestling, wet T -shirt contests, lingerie shows or displays, or strip-
tease dancing.
i
ORDINANCE NO.
C. The display of any of the foregoing by any means including, but not limited
to, books, printed material, magazines, movies, pictures, videos, plays,
exhibitions, recordings, closed circuit television, productions, or any other
device or contrivance in any way which is capable of being used or adapted
to arouse interest, or to affect the human senses, whether through the
medium of reading, observation, sound or any other means.
Subdivision 3. Penalty. Violation of this section is grounds for revocation of any
license issued under Sections 11 -744 101 through 11 -718 of this Code.
Section 2. This ordinance shall be effective after adoption and thirty days
following its legal publication.
Adopted this day of , 1997.
Mayor
ATTEST:
City Clerk
Date of Publication
Effective Date
(Strikeout indicates matter to be deleted, underline indicates new matter.)
•
• MEMO
To: Michael J. McCauley, City Manager
From: Brad Hoffman ' c
Subject: Brooklyn Historical Society Request
Date: April 1, 1997
The Brooklyn Historical Society is requesting permission of the City to place a commemorative
plaque acknowledging the restoration of the Earle Brown Farm and individuals directly involved in
the process. Attached is a copy of the text of the proposed plaque. The Historical Society would
like to place it at the June 22, 1997, open house.
At this time, a specific location for the plaque has not been identified. I would assume a location
near the entrance of the carriage hall or the entrance to the administrative office would be most
appropriate if approved. The cost of the plaque which will be furnished by the Historical Society
is $1,138. The plaque will be 18" x 24 ".
• If the Council approves the placement of the plaque, the Historical Society will proceed with having
it cast. You should note that the time frame for this is short in order to have it by June 22, 1997.
•
EARLE BROWN FARM RENOVATION, 1984 -1990
The Brooklyn Historical Society
Honors A State of Minnesota Historic Site (1974)
Grand Opening Celebration - April 22, 1990
Mayor: Dean Nyquist 1984 Citizens Ad -Hoc Committee:
City Council Phil Cohen Dr. Duane Orn - Chairman
1984 -1990: Bill Hawes Bernard Ackerson
Gene Lhotka Lowell Ainas
Todd Paulson Ron Christensen
Jerry Pedlar Phil Cohen
Celia Scott Ed Eide
Rich Theis Bill Eldridge
Gil Engdahl
City Manager: Gerald Splinter Leone Howe
Project Director: Brad Hoffman Warren Lindquist
City Staff: Kathy Flesher Jim Norwich
Sy Knapp Don Peterson
Ron Warren Bob Quenroe
Windsor -Faric Y Architects, Inc. Mary Jane Gustafson, Honorary Member
Blumentals Architects, Inc.
Raskin Resource Group, Inc.
Me0ugh Construction Co., Inc. •
City of Brooklyn Center
Memorandum
TO: Michael McCauley, City Manager
FROM: Kelli Wick, Human Resources /Purchasing Technician'
DATE: April 8, 1997
SUBJECT: 1997 City Auction
As in the past, items that are going to be auctioned must be declared surplus property by the
City Council. Attached is a copy of a Resolution declaring such property surplus.
If you have any questions, please contact me. Thank you.
•
Member introduced the following resolution and moved
• its adoption:
RESOLUTION NO.
RESOLUTION DECLARING SURPLUS PROPERTY
BE IT RESOLVED by the City Council of the City of Brooklyn Center that the list of
property on file with the Deputy City Clerk is hereby declared surplus property and is hereby
authorized for public sale at the annual City auction to be held on May 3, 1997.
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.
• Auction List
1997
Item Descri tion Case #
100 Magna Fugitive 16" girls 95 -12631
101 16" BMX, unknown make 95 -15519
102 Specialized Hard Rock 26" 21 speed 95 -15519
103 Rancour 24" girls 95 -16999
104 unknown brand 10 speed 95 -17489
105 Magna Glacier point 26" 95 -17639
106 Free Spirit Canyon Pass 96 -00307
107 Huffy Breezin 20" girls 96 -06014
108 Huffy Racing 96 -07324
109 BCA Beauty 16" girls 96 -07364
110 Huffy Savannah 26" 96 -07460
III Columbia Edge Pro 12" boys 96 -07461
112 unknown make, 26" boys 96 -07784
113 Fuji Discovery 96 -08025
114 Murray X -12 12 speed 96 -08025
115 Magna 26" boys 96 -08044
116 Huffy Berner 20" BMX 96 -08237
117 Free Spirit 26" girls 96 -08313
118 Specialized Hard Rock 26" 96 -08313
119 Huffy Enduro 24" girls 96 -08313
120 Roadmaster Smasher 20" BMX 96 -08313
121 Galaxy 15" 96 -08331
122 Murray Spectra 10 speed girls 96 -08339
123 Maruishi 26" 96 -08351
124 Magna 24" 96 -0843 5
125 Randor 20" girls 96 -08639
126 Huffy 27" 10 speed 96 -08670
127 Y
Magna 16" boys 96 -08860
128 Team Murray 16" boys 96 -08860
129 Schwinn 26" 10 speed 96 -08896
110 Free Spirit 26" girls 96 -09152
131 Schwinn Traveler 26" 96 -09351
132 Huffy Amazon 26" 96 -09491
133 Magna Red Ridge 26" 96 -09576
134 Trek 26" 96 -09607
135 Schwinn 26" 96 -09796
136 Sears Free Spirit 96 -09796
137 Murray Legacy 20" 96 -10208
138 Coast -to -Coast 24" 96 -10237
• Auction List, 1997 Page 2
139 Huffy ATB 26" 96 -10327
140 Unknown make, 24" 3 speed 96 -10399
141 Murray 26" girls 96 -10880
142 Huffy 20" boys 96 -10917
143 Free Spirit 24" 96 -10943
144 Huffy 24" 96 -10944
145 Huffy Targa 26" 96 -10991
146 Schwinn Continental 27" 96 -11012
147 Huffy 26" 96 -11091
148 Huffy 24" 96 -11091
149 Unknown make, 20" BMX 96 -11256
150 Huffy Olympia 26 96 -11267
151 Murray Hot Springs 26" 96- 11267
152 Huffy Aero Wind, 26" 96 -11273
153 Free Spirit 20" 96 -11296
154 Huffy Stalker 26" 96 -11473
155 Huffy Mudslinger 24" 96 -11851
156 Raleigh 26" 96 -11911
157 Huffy 26" 96 -12064
158 Magna Red Ridge 96 -12064
159 Huffy 26" 96 -12064
160 Murray 20" 96 -12149
161 Huffy 26" 96 -12195
162 Huffy 16" 96 -12358
163 Murray 26" 96 -12373
164 Galaxy Precision 26" 96 -12381
165 Schwinn 18" 96 -12412
166 JS Premier 26" 96 -12426
167 Galaxy 26" 96 -12490
168 Unknown make, 26" 96 -12637
169 Huffy Stomper 96 -12707
170 All Pro 26" 96 -12776
171 Unknown make, 26" 96 -12833
172 Murray Sebring 26" 96 -12833
173 K Mart All Pro, 16" 96 -12991
174 Holiday 26" 96 -13067
175 Roadmaster 26" 96 -13131
176 Huffy 26" 96 -13190
178 Murray 20" 96 -13298
.179 BMX 20" 96- 13319
180 Randor Radical 96 -13417
181 Huffy Dancin' 17" 96 -13463
182 Columbia 24" 96 -13509
O Auction List, 1997 Page 3
183 Murray 96- 13663
184 Schwinn 96 -13707
185 Schwinn Letour 26" 96 -13781
186 Magna Glacier Point 26" 96 -13805
187 Iverson 28" 96 -13812
188 Huffy Dash 26" 96-13812
189 Huffy Timber Creek 96 -13861
190 Unknown make, 16" 96 -13894
191 Free Spirit 14" 96 -14267
192 Rampar 18" 96 -14267
193 Huffy 26" 96 -14284
194 Huffy Canyon 26" 96 -14303
195 Timberline 26" 96 -14709
196 Unknown make 96 -14710
197 Pioneer USA 96 -14873
198 Huffy Cherokee 26" 96 -14932
199 Nishiki Sport 27" 96 -15257
200 Huffy 26" 96 -15296
201 Magna Outreach 26" 96 -15313
202 Magna Splash 20" 96 -15475
• 203 Free Spirit 26" 96 -15519
204 Magna Fugitive 24" 96 -15530
205 Schwinn Varsity 26" 96 -15623
206 Magna Fugitive 26" 96 -15754
207 Murray BMX 96 -15872
208 Schwinn Mesa Runner 96 -15953
209 Schwinn 96 -16045
210 Huffy Racing 96 -16109
211 Columbia Sports 26" 96 -16179
212 Huffy Stalker 96 -16388
213 Murray 14" girls 96 -16438
214 Magna Splash 20" 96 -16441
215 Huffy 26" 96 -16491
216 BMX 20" 96 -16505
217 Holiday 20" 96 -16562
218 Huffy Rock Trail 96 -16871
219 Huffy Canon 26" 96 -16930
220 Magna MTB 24" 96 -17021
221 Huffy 24" 96 -17069
222 Murray 26" 96 -17097
223 Huffy Dancin' 12" 96 -17097
224 Huffy BMX 96 -17150
• 225 Roadmaster Aspen 96- 17235
Auction List, 1997 Page 4
226 Schwinn 20 96-17235
227 Huffy Cadet 16" 96-17235
228 Pacific Tiger Shark 16" 96 -17260
229 Maneuver Mongoose 96 -17281
230 Open Road 26" 96 -17289
231 Huffy 26" 96 -17321
232 Kent 26" 96 -17452
233 Sears Free Spirit 96 -17468
234 Diamond Back 96 -17595
235 Magna Glacier Point 26" 96 -17676
236 Magna Northern Ridge 24" 96 -17676
237 Magna Glacier Point 26" 96 -17695
238 Murray 26" 96 -17829
239 Unknown make 96 -18008
240 Dyno Air 24" 96 -18070
241 Free Spirit Coaster 96 -18073
242 Legrande 26" 96 -18156
243 Unknown make 26" 96 -18393
244 Ross Eurosport 20" 96 -18596
245 Schwinn Breeze 26" 96 -18929
246 Unknown make 16" 96 -18939
• 247 Schwinn 16" 96 -19168
248 Unknown make 20" 96 -19648
249 Huffy Targa 96 -20940
250 Fuji Spree 97 -02177
251 Unknown make, 24" 97 -03178
252 Murray Actra 97 -03436
253) Cap 96 -20400
254 Cap 96 -20400
255 Cap 96 -20400
256 2 VCR movies 95 -17211
257 Panasonic cassette player /head phones 95 -20103
2 5 8 CD 96 -16763
259 Sunglasses with case 95 -03018
260 Nintendo controller, cassette tape 96 -08313
261 Car stereo 96 -12802
262 Polaroid One Step 96 -12802
263 Car stereo 96 -12802
264 Aiwa compact CD player 96 -14490
265 Pair of Nike tennis shoes 96 -15693
266 T -shirt 95 -03018
• 267 2 CD's 96 -11702
268 Caller ID box 95 -09824
Auction List, 1997 Page 5
• 269 Caller ID box 95 -09825
270 Sony walkman with head phones 95 -18926
271 Electric drill in case 96 -08947
272 Blue Cowboys Jersey and shorts 96 -14504
273 Nike tennis shoes 95 -13280
274 Hair curler 95 -13280
275 Hair styling items 96 -15384
276 Hair conditioner relaxer 96 -15384
277 1 pair of boots 96 -15384
278 Winnie the Pooh slippers 96 -15384
279 Purple slippers 96 -15384
280 Green hooded sweatshirt 96 -15384
281 Grey hooded sweatshirt 96 -15384
282 Green cap 96 -15384
283 Cookie Monster costume 96 -15384
284 Halloween costume 96 -15384
285 1 pair jeans 96 -15384
286 Sweatshirt 96 -15384
287 1 pair boots 96 -15384
288 1 pair jeans 96 -15384
289 Shirt 96 -15384
290 Tool box 94 -16485
291 Large black bag 94- 16485
292 2 Piay Station CD's 95 -19386
293 2 Play Station CD's 95 -19386
294 2 Play Station CD's 95- 19386
295 Sony Play Station controller 95 -19386
296 2 NGK spark plugs 95 -19386
297 Shirt 95 -19386
298 White and tan flannel shirt 95 -19386
299 Green and white flannel shirt 95 -19386
300 White T -shirt 95 -19386
301 Tan pants 95 -19386
302 Sony Play Station 95- 19386
303 Alpine MRV T500 power amp 95 -19386
304 Spalding softball glove 96- 11604
305 Mazda car stereo 96 -11256
306 Audiovox AM/FM cassette deck 96 -08025
307 2 CD's 95 -20623
308 2 CD's 95 -20623
309 Hammer 95 -16560
310 Pink shorts 95 -09880
311 Black shirt 96- 06050
Auction List, 1997 Page 6
• 312 Black p ants 96 -06050
313 Purple pants 96 -06050
314 Red teddy 96- 06050
315 1 pair of earrings 95 -16416
316 1 pair of earrings 95- 16416
317 1 pair of earrings 95 -16416
318 Small gold chain 95 -16416
319 2 pillow shams 93 -11770
320 Bob Dylan CD's 96 -05671
321 Beatles CD's 96 -05671
322 2 CD's 96- 05671
323 2 CD's 96 -05671
324 2 CD's 96 -05671
325 2 CD's 96 -05671
326 2 CD's 96 -05671
327 2 CD's 96 -05671
328 2 rings 95 -09042
329 Musk cologne, comb 95 -09042
330 3 comb picks, deodorant 95 -09042
331 2 bottles of shampoo 95 -09042
332 Gold necklace 95 -19992
333 Rope necklace 95 -19992
334 Watch 95 -19992
335 Gold bracelet 95 -19992
336 Gold bracelet 95 -19992
337 Watch 96 -08586
338 Shirt 95 -13976
339 Jeans 95 -13976
340 Jeans 95 -13976
341 2 CD's 96 -16971
342 2 CD's 96 -16971
343 2 CD's 96 -16971
344 2 CD's 96 -16971
345 2 CD's 96 -16971
346 2 CD's 96 -16971
347 2 CD's 96 -16971
348 3 CD's 96 -16971
349 Replica of Rolex watch 95 -02331
350 2 hammers 95 -03365
351 Ring 96 -13622
352 2 CD's 95 -18740
353 2 CD's 95 -18740
•
95 -18740
354 2 CD's
Auction List, 1997 Page 7
• 355 2 CD s 95 -18740
356 3 CD's 95 -18740
357 AM/FM CD player 95 -18740
358 Carrying in case 94 -02986
359 2 8mm cassettes 94 -02986
360 Pack of batteries 94 -02986
361 CD's 96 -16087
362 CD's 96 -16087
363 CD's 96 -16087
364 CD's 96- 16087
365 CD's 96 -16087
366 CD's 96 -16087
367 CD's 96 -16087
368 Nike tennis shoes 96 -16087
369 Girls tennis shoes 96 -16087
370 3 wine glasses 95 -10238
371 Candle holder 95 -10238
372 3 candles 95 -10238
373 Wedding book 95 -10238
374 Guest wedding book 95 -10238
• 375 Knife set 95 -10238
376 Pillow 95 -10238
377 Garter 95 -10238
378 Bag of crepe paper 95- 10238
379 Bag of bows and ribbons 95- 10238
.380 Small dish 95-1023
381 Picture frame 95 -10238
382 2 rings (ladies) 96 -06453
383 2 rings (ladies) 96 -06453
384 2 gold bands 96 -06453
385 Bracelet 96 -06453
386 Black gym bag 96 -06453
387 Brown handbag 96 -06453
388 Sega arcade pad 96 -06453
389 Baseball bat 95 -17149
390 Small baseball bat 96 -17066
391 Speaker 96 -10373
392 Black case with darts 96 -08027
393 Motorola cell phone 96 -08027
394 Premier CD stereo face plate 96 -08027
395 Black CD case with many CD's 96 -08027
396 Black CD case with many CD's 96 -08027
• 397 Hooded sweatshirt 96 -17284
• Auction List, 1997 Page 8
398 Hooded sweatshirt 96 -17284
399 Nike tennis shoes 96 -05207
400 Nike tennis shoes 96 -05207
401 Adidas T -shirt 96 -05207
402 Adidas tennis shoes 96 -05207
403 Black Levi jeans 96 -05207
404 3 pair white socks 96 -05207
405 Minolta 35mm camera B.C.P.D.
406 Nike boots 95 -18366
407 Bag of baseball cards 96 -09577
408 8 memory chips 95 -04094
409 Bag of Huggies 96- 00092
410 Brown leather bag 95 -01697
411 2 CD's 95 -01697
412 2 CD's 95 -01697
413 2 CD's 95 -01697
414 2 CD's 95 -01697
415 2 CD's 95 -01697
416 2 CD's 95 -01697
417 2 CD's 95 -01697
• 418 2 CD's 95 -01697
419 2 CD's 95 -01697
420 2 CD's 95 -01697
421 Diaper bag 95- 10238
422 Small T -shirt 95 -10238
423 Red top and pants 95- 10238
424 Flowered dress 95 -10238
425 Green nightgown 95 -10238
426 Green nightgown 95- 10238
427 Red nightie 95 -10238
428 1 CD 95 -10238
429 Nightgown 95-10238
430 Pink robe 95 -10238
431 Blue Gitano shirt 95 -10238
432 Blue Gitano shirt 95 -10238
433 Blue and pink nightgown 95 -10238
434 Small purse 95 -10238
435 Womens shorts 95 -10238
436 White T -shirt 95 -10238
437 Purse 95 -10238
438 Purse 95 -10238
• 439 2 CD's 95 -10238
440 2 Richard Simmons tapes 95- 10238
Auction List, 1997 Page 9
• 441 95- 10238
Flowered ladies top
442 Flowered ladies top 95 -10238
443 Flowered ladies top 95 -10238
444 White hooded shirt 95 -10238
445 1 pair of socks 95 -10238
446 Magnavox stereo 95 -09825
447 2 CD's 96 -00712
448 2 CD's 96- 00712
449 2 CD's 96 -00712
450 2 CD's 96 -00712
451 2 CD's 96 -00712
452 2 CD's 96 -00712
453 2 CD's 96 -00712
454 2 CD's 96- 00712
455 2 CD's 96 -00712
456 2 CD's 96 -00712
457 3 CD's 96 -00712
458 4 CD set 96 -00712
459 4 CD set 96 -00712
460 6 CD set 96 -00712
• 461 3 CD set 96 -00712
462 5 CD set 96 -00712
463 4 CD set 96 -00712
464 Legacy 4 channel power amp 97 -03827
465 2 address books 97 -03931
466 Small heart, gold in color 97 -03931
467 2 bath towels, bath mat, 2 wash cloths 96 -00712
Soap dish, toothbrush holder, glass
468 Pyramid amplifier 95 -14519
469 Pyramid bass /treble boost 95 -14519
470 Bazooka tube bass 95 -14519
471 Wire harness 95 -14519
472 Power connector 95 -14519
473 Wire harness 95- 14519
474 Red cable 95 -14519
475 Black and white bag 95 -18548
476 2 Pioneer speakers 95- 18548
477 Coustic amp 95 -18548
478 Pioneer tuner /CD player 95 -18548
479 1 Queen and 1 King fitted sheet, .96-00712
Shower curtain
480 Shirt 96 -00712
• 481 Shirt 96 -00712
Auction List, 1997 Page 10
482 Brass Lion door knocker 96 -12202
483 Brass Lion door knocker 96 -12202
484 Brass Lion door knocker 96 -12202
485 Brass Lion door knocker 96 -12202
486 Brass Lion door knocker 96 -12202
487 Brass Lion door knocker 96 -12202
488 Brass Lion door knocker 96 -12202
489 Brass Lion door knocker 96- 12202
490 Brass Lion door knocker 96 -12202
491 Brass Lion door knocker 96 -12202
492 Brass Lion door knocker 96 -12202
493 Brass Lion door knocker 96 -12202
494 Brass Lion door knocker 96 -12202
495 Brass Lion door knocker 96 -12202
496 Brass Lion door knocker 96 -12202
497 Brass Lion door knocker 96 -12202
498 Brass Lion door knocker 96 -12202
499 Brass Elephant 96 -12202
500 Brass Elephant 96 -12202
541 Baseball bat 96 -04467
• 502 Nike shorts and 2 shirts 96 -09301
503 Back pack 96 -09301
504 George and Martha Washington dolls 95- 11995
505 George and Martha Washington dolls 95 -11995
506 George and Martha Washington dolls 95 -11995
507-546 Assortment of 88 CD's 97 -00080
547 Large speaker box 96 -02165
548
5 pair of panties 96-10816
549 Shirt 96 -10816
550 Shirt 96 -10816
551 Panties and 2 bras 96 -10816
552 Panties and bra 96 -10816
553 4 bras and I pair of panties 96 -10816
554 Nike jogging pants 96 -10816
555 White shorts 96 -10816
556 2 pair socks 96 -10816
557 Blue shirt 96 -10816
558 Green T -shirt 96 -10816
559 Blue T -shirt 96 -10816
560 Blue T -shirt 96 -10816
561 Blue T -shirt 96 -10816
562 White T -shirt 96 -10816
• 563 Sweatshirt 96 -10816
O Auction List, 1997 Page 11
564 Gold shirt 96 -10816
565 Brown Girbeaud jeans 96 -10816
566 Green T -shirt 96 -10816
567 4 Power Ranger pens, polish, bonnet 96 -10816
568 White shorts 96 -10816
569 Silk shorts 96- 10816
570 Flannel shorts 96- 10816
571 Denim shorts 96 -10816
572 2 white shirts 96- 10816
573 2 pair of socks 96- 10816
574 1 pair of earrings 96- 10816
575 Majestic car amplifier 97 -04522
576 Screwdriver 97 -04561
577 Aluminum ladder 96 -15375
578 Sharp 20" TV with remote 94 -19591
579 Bolt cutters 95 -13658
580 Ball Pean hammer 94 -18469
581 Hammer and screwdriver 96 -06447
582 Pruner 96 -06410
583 3 screwdrivers and hammer 96 -15244
584 Hammer, screwdriver, and wrench 96 -04335
585 Small screwdriver 95 -13578
Large screwdriver 95 -12897
Large screwdriver 96- 00820
586 Vice grip and 2 screwdrivers 96 -18223
587 3 screwdrivers 95 -20103
588 Small hammer 97 -01797
Pliers 95 -15492
Screwdriver 96 -04271
Screwdriver 95 -12641
589 2 flashlights, hammer, wire cutters 95 -13667
3 screwdrivers and 2 tin snips 95 -15492
590 3 screwdrivers and pry bar 96 -00679
591 3 screwdrivers, needle nose, 2 cutters 95 -17238
592 Screwdriver 96 -00244
Tin snips 96 -11864
593 Vice grip 96 -14355
594 Tin snips 96 -21589
595 Sharp 19" TV 95 -09824
596 Black bag with miscellaneous tools 95 -13238
597 Box with miscellaneous tools 95 -11111
•
Auction List, 1997 Page 12
•
Forfeiture items
598 Nikko radio controlled car 95 -04977
599 CD storage rack
600 Radio controlled car
601 2 large Sony speakers
602 RCA boom box
603 Panasonic camcorder
604 Sony stereo cabinet
605 Bell and Howell VCR
606 2 small Sony speakers
607 Large speaker
608 Sony 100 CD player
609 Sony amplifier
610 Sony dual cassette deck
611 Sony tuner
612 Sony amplifier
613 Decorated cane
614 Blaulpunkt AM/FM cassette
615 Vipor car alarm
• 616 Model airplane motor
617 Digital radio control
618 Black CD holder with 19 CD's
619 Many cables for stereo hookup
620 1 large cable
621 Sega game
622 Polaroid camera
623 -645 96 CD's
ITEM # DESCRIPTION FAN
700 12 -Volt Hydraulic Pump Assembly & Two Service Manuals
701 Stand -up Desk 2229
702 Mini Pickup Plastic Tool Box
703 One Bucket Seat
704 Two Tractor Seats
705 One Pickup Rear Bumper
706 One Arrow Board Assembly
707 One Scaffolding Assembly
708 One Gas Powered Portable Cement Mixer
709 Two Rear Plastic Seats for Squad Car
710 One Desk End
711 Four Squad Car Light Bar Assembly (Jetsonic)
Auction List, 1997 Page 13
712 One Hydraulic Tank
713 One Hydraulic Tank
714 One Hydrualic Tank
715 One Generator Muffler Assembly
716 One Gear Box Assembly
717 One Fire Extinguisher
718 One Electric Motor
719 One Overhead Siren Console Assembly
720 Three Small Engine Gas Tanks
721 One Alternator and Rectifier Assembly
722 One 3 -Cyl Diesel Engine - Serial #440538LPA3AO (Lister Petter)
723 One 3 -Cyl Diesel Engine - Serial #D970803 (Ford)
724 One Steel Box 32" x 64" x 13 1/2"
725 One Ford Pickup Spare Tire Carrier
726 One Yellow Beacon Strobe
727 One Film Strip Projector
728 Two Small Engine Starters
729 One Metal Tool Box
730 One Box Miscellaneous Auto Parts
731 One Barrel Miscellaneous Auto Parts
• 732 Two Stairway Heavy Duty Grab Rails
733 One Tire and Frame Assembly
734 One Halogen Work Lite Assembly
735 One Antique Dewatering Pump
736 1974 Johnsereds, Model #621, Serial #813542
737 1974 Johnsereds, Model #621, Serial #877056
738 Craftsman Chainsaw, Serial #48184
739 1986 Toro Commercial Hand Mower, Model #TV5002, Serial #6011513
740 1987 Toro Commercial Hand Mower, Model #TV5002, Serial #6011512
741 1978 Toro Commerical Hand Mower, Model #22025, Serial #7000310
742 1981 Simplicity Snowblower, Model #828, Serial #1690588- 002158
743 1980 Simplicity Snowblower, Model #828, Serial #1690380 - 009528
744 1980 Simplicity Snowblower, Model #828, Serial #1690380 - 009261
745 Homelite Cutoff Saw, Model #XL98
746 Lawnboy Lawnmower Model #8440
747 Janitor Cart
748 Utility Ledge Card Storage Carts (3)
749 ACCO Hanging File Card Storage Cart
750 Conference Room Chairs (approximately 10)
751 Panasonic Car Phone - Model EF6106EA; Serial #170242
752 1985 Mercury Grand Marquis Sedan, Maroon; VIN #2MEBP95SF3FX724814
• 753 1985 Chevrolet S -10 Blazer; Grey; VIN#1GXCTJ8B5EO146073
754 1986 Pontiac Fiero
• Auction List, 1997 Page 14
755 1986 Oldsmobile Regency
756 1987 Volvo 760
757 1985 Chevrolet Camaro
•
•
�E
• MEMORANDUM
DATE: April 9, 1997
TO: Michael McCauley, City Manager
FROM: Scott Brink, City Engineer YY
SUBJECT: Resolution Accepting Bid and Awarding Contract, Improvement Project Nos. 1997 -01,
02, and 03, Contract 1997 -E, Orchard Lane West, Street, Storm Drainage and Utility
Improvements
Summary Explanation
Bids for Contract 1997 - were received on April 9, 1997. This contract consists of street,
drainage, and utility improvements for the Orchard Lane West area neighborhood. The bidding
results are tabulated as follows:
Bidder Bid Amount
Thomas and Sons Construction $3,367,688.50
• Arcon Construction $3,486,729.73
S. R. Weidema, Inc. $3,496,274.46*
Richard Knutson, Inc. $3,539,231.47
Ryan Contracting $3,665,644.35
Barbarossa & Sons $3,733,463.13
Northdale Construction $3,787,990.30
C. S. McCrossan $3,819,830.80
Midwest Asphalt $4,079,410.35*
*Corrected upon tabulation.
Of the nine bids received, the lowest bid of $3,367,688.50 was submitted by Thomas and Sons
Construction, Inc. of Rogers, MN. This is less than the original engineer's estimate of $3,715,000.
Thomas & Sons Construction has experience in performing all of the various items of work included in
this contract. Thomas and Sons most recently completed neighborhood street and utility improvement
projects in Brooklyn Center the past three years. Accordingly, staff recommends acceptance of the low
bid and award of the contract to Thomas & Sons Construction, Inc. of Rogers, Minnesota.
Recommended City Council Action
Approve the attached resolution accepting the low bid and awarding a contract to Thomas &
Sons Construction, Inc.
•
Member introduced the following resolution and moved its
• adoption:
RESOLUTION NO. _
RESOLUTION ACCEPTING BID AND AWARDING CONTRACT, IMPROVEMENT
PROJECT NOS. 1997 -01, 02, AND 03, CONTRACT 1997 -E, ORCHARD LANE WEST
STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS
WHEREAS, pursuant to an advertisement for bids for Improvement Project Nos. 1997-
01, 02, and 03, bids were received, opened, and tabulated by the City Clerk and Engineer, on the 9th
day of April, 1996. Said bids were as follows:
Bidder Bid Amount
Thomas and Sons Construction $3,367,688.50
Arcon Construction $3,486,729.73
S. R. Weidema, Inc. $3
Richard Knutson, Inc. $3,539,231.47
Ryan Contracting $3,665,644.35
Barbarossa & Sons $3,733,463.13
Northdale Construction $3,787,990.30
C. S. McCrossan $3,819,830.80
Midwest Asphalt $4,079,410.35*
• *Corrected upon tabulation.
WHEREAS, it appears that Thomas and Sons Construction, Inc. of Rogers, Minnesota,
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 Thomas and Sons Construction, Inc. of Rogers, Minnesota in
the name of the City of Brooklyn Center, for Improvement Project Nos. 1997-
O1, 02, and 03 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:
• RESOLUTION NO.
COSTS
Estimated Costs Per Feasibility Report As Amended Per Low Bid
Contract $3,649,152.00 $3,367,688.50
Contingency(10 %) $ 364,915.00 $ 336,768.85
Subtotal Construction Cost $4,014,067.00 $3,704,457.35
Admin. /Legal /Engineering $ 250,000.00 $ 250,000.00
Reforestation $ 65,000.00 $ 65,000.00
Street Lights $ 75,000.00 $ 75,000.00
Total Estimated Proj. Cost $4,404,066.00 $4,069,457.35
REVENUES
Street Assessments $1,028,000.00 $1,028,000.00
Other Assessments $ 50,610.00 $ 50,610.00
• (Church, School, Parks)
Sanitary Sewer Utility $ 747,637.00 $ 644,054.77
Water Utility $1,335,718.00 $1,082,095.12
Storm Drainage Assessment $ 334,100.00 $ 334,100.00
Local State Aid(Sidewalk) $ 34,165.00 $ 37,348.50
Storm Drainage Utility $ 308,369.00 $ 362,043.45
Special Assess. Const. Fund $ 565,466.00 $ 531,205.51
Total Estimated Revenue $4,404,066.00 $4,069,457.35
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 followin g g voted against the same:
whereupon said resolution was declared duly passed and adopted.
s�
• MEMORANDUM
DATE: April 10, 1997
TO: Michael McCauley, City Manager
FROM: Scott Brink, City Engineer
SUBJECT: Resolution Approving Plans and Specifications and Directing Advertisement for Bids,
PP g P g
Improvement Project Nos. 1997 -04, 05 and 06, Contract 1997 -F , France Avenue,
69th Avenue to North City Limits, Street, Storm Drainage, and Utility Improvements
On March 10, 1997, the City Council approved Resolution No. 97-46, ordering Improvement Project
Nos. 1997 -04, 05, and 06, France Avenue, 69th Avenue to North City Limits, Street, Storm Drainage,
and Utility Improvements. Plans and specifications for the improvement project have been completed.
Because France Avenue at this location is designated as a Municipal State Aid street, approval of the
plans from the Minnesota Department of Transportation, State Aid Division is also required. In order
for the project to be completed in a timely fashion during the 1997 construction season, it is
recommended that plans be approved so that Mn/Dot can begin review and subsequent approval of the
plans. Upon approval from Mn/Dot, an advertisement for bids would then be published. It is critical
that this process continue moving forward in order to allow completion of the project in 1997.
• It is therefore recommended that the City Council approve the attached resolution approving plans and
PP PP P
specifications and authorizing an advertisement for bids for Improvement Project Nos. 1997 -04, 05 and
06, Contract 1997 -F , France Avenue, 69th Avenue to North City Limits, Street, Storm Drainage, and
Utility Improvements.
Detailed plan sheets will be available for Council review Monday evening, or prior to then at any
Council member's request.
•
Member introduced the following resolution and moved its
• adoption:
RESOLUTION NO.
RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING
ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NOS. 1997 -04, 05 and 06,
CONTRACT 1997 -F, FRANCE AVENUE, 69TH AVENUE TO NORTH CITY LIMITS,
STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS
WHEREAS, the City Council on March 10, 1997 by Resolution No. 97 -46 ordered
Improvement Project Nos. 1997 -04, 05, and 06, France Avenue, 69th Avenue to North City Limits,
Street, Storm Drainage, and Utility Improvements, and authorized the preparation of plans and
specifications; and
WHEREAS, City staff under the direction of the City Engineer have prepared said
plans and specifications.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn
Center, Minnesota that:
1. The plans and specifications for said improvement project are hereby approved
and ordered filed with the City Clerk.
• 2. The City Clerk shall prepare and cause to be inserted in the official newspaper
and Construction Bulletin an advertisement for bids for the making of such
improvement in accordance with the approved plans and specifications. The
advertisement shall be published in accordance with Minnesota State Statutes, shall
specify the work to be done and shall state the time and location at which bids will be
opened by the City Clerk and the City Manager or their designees. Any bidder whose
responsibility is questioned during consideration of the bid will be given an
opportunity to address the Council on the issue of responsibility. No bids will be
considered unless sealed and filed with the City Clerk and accompanied by a cash
deposit, cashier's check, bid bond, or certified check payable to the City Clerk for 5
percent of the amount of such bid.
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.
5 jdl
• MEMORANDUM
DATE: April 10, 1997
TO: Michael McCauley, City Manager
FROM: Scott Brink, City Engineer Y-M
SUBJECT: Resolutions Establishing Parking Restrictions on France Avenue North, 69th Avenue to
North City Limits
I ,
On March 10, 1997, the City Council approved Resolution No. 97 -46, ordering Improvement Project
No. 1997 -04, 05, and 06, France Avenue North, 69th Avenue to North City Limits, Street, Storm
Drainage, and Utility Improvements. Plans and specifications for the project have also been completed,
and will also be considered for approval by the City Council at their April 14, 1997 meeting.
Mn/Dot State Aid funds are intended to be utilized to fund significant portions of this project. As
discussed at the public hearing and provided for in the plans and specifications, the roadway has been
designed to essentially the same width as the existing street(35 feet). In accordance with State Aid
Standards, a street of this width can allow for parking on one side of the roadway only. As part of the
State Aid approval process, a resolution must be authorized providing for any parking restrictions.
• As a result of the public participation process, it was determined that parking should be allowed on the
east side of France Avenue only. Accordingly, a resolution has been drafted for submittal to Mn/Dot
State Aid to provide for this restriction.
Recommended Council Action
Approve the attached resolution providing for parking restrictions on France Avenue from 69th Avenue
North to the north city limits.
Member introduced the following resolution and moved its
• adoption:
RESOLUTION NO.
RESOLUTION ESTABLISHING PARKING RESTRICTIONS ON FRANCE AVENUE
NORTH, 69TH AVENUE TO NORTH CITY LIMITS
WHEREAS, the City Council on March 10, 1997 by Resolution No. 97 -46 ordered
Improvement Project No. 1997 -04, 05 and 06, France Avenue, 69th Avenue to North City Limits;
and
WHEREAS, the City Council approved the project plans and specifications on April
14, 1997; and
WHEREAS, the design plans and specifications provide for a roadway width that
prohibits parking on one side of the roadway, in compliance with Minnesota Department of
Transportation State Aid Standards.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn
Center, Minnesota that:
Upon final completion of Improvement Project No. 1997 -04, 05 and 06, parking will
be prohibited on the west side of France Avenue from 69th Avenue North to the North City Limits
• (73rd Avenue North), and posted accordingly.
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.
5 1 q
MEMORANDUM
•
TO: Michael J. McCauley, City Manager
FROM: Sharon Knutson, City Clerk
DATE: April 10, 1997
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 and submitted
appropriate applications and paid proper fees.
Licenses to be approved by the City Council on April 14, 1997:
MECHANICAL Y TEMS
S S
Allied Fireside 2700 North Fairview Ave., Roseville
Blaine Heating, A/C and Electric, Inc. 13562 Central Ave. NE, Anoka
Conrad Mechanical Contractors, Inc. 509 1 st Ave. NE, Minneapolis
Forced Air, Inc. 4131 Old Sibley Memorial Hwy., Eagan
® Fore Mechanical, Inc. P. O. Box 130788, Roseville
Pete's Repair, Inc. 8835 Xylon Ave. N., Brooklyn Park
Sedgwick Heating & A/C Company 8910 Wentworth Ave. S., Minneapolis
MOTOR VEHICLE DEALERSHIP
Brookdale Chrysler Plymouth 6121 Brooklyn Blvd.
Brookdale Ford 2500 County Road 10
R. L. Brookdale Motors, Inc. 6815 Brooklyn Blvd.
Bob Ryan Oldsmobile 6700 Brooklyn Blvd.
RENTAL DWELLINGS
Renewal:
Lutheran Social Service of MN 6018 Admiral Place
Howard and Harriet Oien 5809 Brooklyn Blvd.
Richard Schurman 4204 Lakebreeze Ave. N.
Lutheran Social Service of MN 3612 55th Ave. N.
Lawrence Florian 857 -861 70th Ave. N.
S. Richard Silverness 873 -877 70th Ave. N.
James Hokanson 881 -885 70th Ave. N.
Myrna L. Hubert 5300 70th Circle
SIGN HANGER
Suburban Lighting, Inc. 6077 Lake Elmo Ave. N., Stillwater
- 7o-
• MEMO
TO: Michael J. McCauley, City Manager
FR CAS J OM: Ronald A. Warren, Planning and Zoning Specialis�l��
SUBJECT: Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning
Classification of Certain Land (Brookdale Mitsubishi)
I
DATE: April 9, 1997
On the April 17, 1997 City Council agenda is an ordinance amending Chapter 35 of the City
Ordinances regarding the zoning classification of the land proposed for the Brookdale Mitsubishi
operation. This housekeeping -type ordinance amendment is the last step in the rezoning process
and would redescribe the properties rezoned through the Planned Unit Development approval for
Brookdale Mitsubishi which was granted by the City Council under City Council Resolution 97-
09 on January 13, 1997.
This ordinance amendment was first read on January 27, 1997 and published on February 5,
1997. The City Council held a public hearing and tabled the ordinance amendment on February
24, 1997 pending the approval and filing of a plat that contained the new legal descriptions
utilized in the zoning ordinance amendment. The plat has been approved and filed with
Hennepin County, therefore, the ordinance amendment may proceed.
It is recommended that the City Council adopt the proposed ordinance amendment for the
Brookdale Mitsubishi site. If adopted, this ordinance amendment will take effect on May 23,
1997.
•
• CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the 14�t1 day of AA ii, 1997, at
at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle
Creek Parkway, to consider an amendment to the Zoning Ordinance regarding the zoning
classification of certain land.
Auxiliary aids for persons with disabilities are available upon request at least. 96 hours in
advance. Please contact the City Clerk at 569 -3300 to make arrangements.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY
ORDINANCES REGARDING THE ZONING CLASSIFICATION OF
CERTAIN LAND (BROOKDALE MITSUBISHI)
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Section 1 Chapter 35 of the City Ordinances of the City of Brooklyn Center
is hereby amended in the following manner.
Section 35 -1170. T SERVICE/ OFFICE DISTRICT -
O SRI (C 1) The following
properties are hereby established as being within the (Cl) Service /Office District zoning
classification:
[Lots 1 and 2, Block 1, Piccadilly Pond Addition.]
Section 35 -1190. COMMERCE DISTRICT (C2). The following properties
are hereby established as being within the (C2) Commerce District zoning classification:
[Lot 3, Block 1, Piccadilly Pond Addition.]
Section 35- 1240. PLANNED UNIT DEVELOPMENT DISTRICT RI PUD .
The following properties are hereby established as being within a (PUD) Planned Unit
Development zoning classification:
4. The following 1rQperties are designated as PUD /C2 (Planned Unit
Development /Commerce): Lot 1 Block 1 Metrg Motors Addition:
Section 2. This ordinance shall become effective after adoption and upon thirty
(30) days following its legal publication
Adopted this day of , 1997.
ORDINANCE NO.
Mayor
ATTEST:
City Clerk
Date of Publication
Effective Date
(Brackets indicate matter to be deleted, underline indicates new matter.)
sk
City of Brooklyn Center
A great place to start. A great place to stay.
MEMORANDUM
TO: Mayor Kragness, Councilmembers Carmody, Hilstrom, Lasman, and Peppe
FROM: Michael J. McCauley, City Manager
DATE: April 10, 1997
SUBJECT: Flood Control Effort
Working with the Riverwood Neighborhood Association, a plan was implemented on April 8,
1997, to construct sandbag and earthen dike levies above the anticipated flood crest of the
Mississippi River. The Riverwood Neighborhood Association worked with the affected property
owners to obtain the owner's cooperation and consent for the project. The Riverwood
Neighborhood Association also worked on mobilizing members of the association and others to
participate in the sandbagging. The City also received assistance from a number of other
organizations. The City of Crystal provided four dump trucks and a front end loader and City of
• Crystal employees to operate that equipment. The City of Brooklyn Park sent a tractor. The
Metropolitan Council Transit Organization provided a transit bus that shuttled workers to the fire
station for food and provided a place to get out of the weather. Asrouch & Sons provided a skid
steer and driver. Thor Construction also provided a skid steer. Pallet Service Company donated
$250 worth of pallets that were used to transport the sandbags from where they were being filled
to where they were being placed. On -Site Sanitation provided portable restrooms.
SuperAmerica, Davanni's, Scoreboard Pizza, The Olive Garden, DeLisi's, Brooklyn Park
Rainbow Foods, Barnacle Bill's, and TGI Friday's all generously provided many food and
beverage items. Students from the Brooklyn Center School District assisted after school was out.
Inmates from Lino Lakes provided great assistance beginning in the morning and throughout the
afternoon. A number of other organizations sent volunteers to help, including Congressman
Ramstad's office and Brookdale Shopping Center. Unfortunately, we do not have the names of
all the many volunteers so they could be acknowledged. The result of all these efforts was the
completion of the project in one day rather than the anticipated two -day process for completing
the project.
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 1 Equal Opportunities Employer
Member introduced the following resolution and moved
• its adoption:
RESOLUTION NO.
RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR
VOLUNTEERS PARTICIPATING IN THE COMMUNITY EFFORT TO
PROVIDE FLOOD PROTECTION
WHEREAS, many citizens, organizations, businesses, and governmental units
participated in a community effort to provide flood protection for several homes in Brooklyn
Center facing potential flooding; and
WHEREAS, this outpouring of community support resulted in the ability to very
quickly construct flood control protection above the anticipated crest of the flood; and
WHEREAS, the City Council of the City of Brooklyn Center wishes to
acknowledge and express the community's appreciation for participation in this effort.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that the many volunteers and organizations be and hereby are recognized and
thanked for their participation in the community flood control effort; and
• BE IT FURTHER RESOLVED that Certificates of Appreciation pp cation be presented to
the participating organizations.
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.
April 14, 1997 DRAFT
Dear
We would like to thank you for your generous participation in the flood control effort on
Tuesday, April 8. The outpouring of volunteers and contributions of equipment, personnel,
materials, and food was overwhelming. The City Council is presenting the enclosed Certificate
of Appreciation to you in recognition of your efforts. Your cooperation and assistance were part
of a very successful community effort.
Sincerely,
Mayor Myrna Kragness Councilmember Kay Lasman
Councilmember Kathleen Carmody Councilmember Robert Peppe
Councilmember Debra Hilstrom
Enclosure
C er t t tcate o fApprectatton
uzgelee-, s, rite Cit council oll4e City 01 A.o1l"idrt (feller l y lee6ol"uliolt Y /O. 97 -G8 expre39ecl iii
appmci Ar Ilte volunteer participation awl lire conintllltilty, ellorl to p rovicle Il'ood proleclion; and
tlti3 outpouring 4corruntutity .4up p ort te3ulled in Ilte ability, to very quicAl cort3truct lloocl
colttro above Ilte anticipated crest of the Il"ood; artd
Uz / ele(�4 J, t1 e entire community o1(/2rool Cfyn enter wi3lte.4 to acinotvlecl ye and expr Ilieir
appr eciation /or the par ticipation of litante of orcgaltization J ut tltiJ ejArl.
Jlte (fil y oll/.3rool Center cloei lterebtd present Iltid (fertil cafe oiJppreciatiolt to name o f
orcgaltization J in recognition Ar ib participation in lI e cominunilt" flood coltlrole��orf in JpriC ol 1997 altd 6pecilical'l "i�
appreciale3 [contriLliolti.
Ap 14, 1997
, ate M ayor
wF
PROCLAMATION
DECLARING APRIL 19, 1997, TO BE
A DAY OF SPIRITUAL REDEDICATION IN BROOKLYN CENTER
WHEREAS, in 1952, an event was inaugurated by the Christian Leadership groups in the
United States Senate and the House of Representatives; and
WHEREAS, the annual National Prayer Breakfast has become a time for the rededication of the
individual and the nation to God; and
WHEREAS, many states and local communities have sponsored similar events at the state and
local level; and
WHEREAS, a volunteer committee of concerned citizens has joined together as the Brooklyn
Center Prayer Breakfast Committee, Inc., to sponsor an annual Brooklyn Center
Community Prayer Breakfast for a similar rededication of local community leaders,
business representatives, our city, and its citizens to high Judeo - Christian ideals;
and
WHEREAS, the committee is lannin the nineteenth annual Brook Center Prayer Breakfast
P g Y Y
on the 19th day of April 1997 at the Earle Brown Heritage Center; and
WHEREAS, the committee acknowledges the importance of our future leaders, the youth of our
• community, and are placing a particular emphasis upon our youth; and
WHEREAS, John Crudele, nationally recognized author and motivational speaker who speaks
effectively to youth as well as adults, will address the breakfast.
NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of
Minnesota, do hereby proclaim that April 19, 1997, be designated as a Day of Spiritual
Rededication in Brooklyn Center; that it calls upon all citizens to reflect upon our heritage and
join in quiet reverence and dedication; and that it calls upon the citizens of Brooklyn Center, both
youth and adult, to join hundreds of their neighbors and fellow citizens at the Annual Prayer
Breakfast on Saturday, Aril 19 19
y, p 97, at the historic Earle Brown Heritage Center.
Date Mayor
Attest:
City Clerk
FC
0KLYN CFNT
® BROOKLYN CENTER
POLICE DEPARTMENT
POLICE
MEMORANDUM
TO: City Manager Michael McCauley
FROM: Chief Scott Kline
DATE: April 10, 1997
SUBJECT: Changes to Joint and Cooperative Agreement
The new Joint and Cooperative Agreement for the Anoka Hennepin East Metro Narcotics and
Violent Crimes Task Force are very minor in nature and the three changes are outlined as
follows:
• 1. Page 3 - The City of Brooklyn Park changes their officers assigned from two officers and
one sergeant to three officers.
2. Page 4 - The last sentence previously stated assignment of supervisory staff is subject to
change by agreement of the parties to the agreement and has been changed to state
assignment of supervisory staff is subject to change by agreement of the task force
advisory board.
3. Page 11, Section 11 - At the bottom of the page it states that the agreement for the task
force operations shall be in effect from January 1, 1997 and continue in effect until
terminated in accordance with the following provisions. This is a change in that in the
past this had to be voted upon by all the city councils annually even though it was an
ongoing function. This allows it to continue from year to year and also outlines
specifically how an individual i withdraw whenever e feel t the
p y city or county can th they that y
need to.
SK:kh
•
ukford.mem
• its adoption: Member introduced the following resolution and moved
RESOLUTION NO.
RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO
ENTER INTO A JOINT AND COOPERATIVE AGREEMENT FOR THE
ANOKA- HENNEPIN EM NARCOTICS & VIOLENT CRIMES TASK FORCE
WHEREAS, the City believes drug abuse and related violent criminal activities are
an important law enforcement problem to be addressed within the community; and
WHEREAS, the nature of drug law enforcement does not lend itself to
jurisdictional boundaries; and
WHEREAS, the City recognizes resource shortages which make effective,
organized drug enforcement difficult on a jurisdiction-by-jurisdiction basis; and
WHEREAS, the City of Brooklyn Center deems this joint powers agreement to be
desirable and within 1997 budget requests.
• NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center to authorize the Mayor and City Manager to enter into a joint and cooperative
agreement for the Anoka- Hennepin EM Narcotics & Violent Crimes Task Force.
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.
•
•
JOINT and COOPERATIVE
AGREEMENT
,;FLY P00A
Anoka - Hennepin EM
Narcotics &Violent Crimes
Task Force
•
JOINT AND COOPERATIVE AGREEMENT
FOR THE FORMATION AND ADMINISTRATION OF THE
• ANOKA- HENNEPIN EM NARCOTICS AND VIOLENT CRIMES TASK FORCE
I. PARTIES
The parties to this agreement are political subdivisions of the State of Minnesota. This
agreement is made pursuant to Minnesota Statutes Section 471.59, as amended.
II. PROBLEM AND PURPOSE
The parties hereto find that drug abuse, and related violent criminal activities, have
increased significantly within and between their communities in recent years. As first ring
suburban communities located on or near the northern borders of Minneapolis and St. Paul
a significant amount of drug traffic, violent crime and organized criminal gang activity has
emerged and migrated into their communities. Linked by the 610, 694 and 169 bridges over
• the Mississippi River, the communities. share common borders with easy access which has
provided a conduit for drug traffickers and criminal elements to utilize. The nature of drug
law enforcement, violent crime and the criminal enterprise associated with them does not
adhere to jurisdictional boundaries. In addition, the individual parties hereto face the
difficulty of limited resources and ever increasing demands for service which make effective
organized drug enforcement difficult on an individual basis.
The general purpose of this agreement is to provide coordination and joint enforcement
efforts within the jurisdictional boundaries of the parties, of controlled substance crimes as
defined in federal, state and local statutes as well as related violent crime and the criminal
enterprise associated with them.
•
1
III. AFFILIATION
• This joint enforce will have an affiliation with the East Metro Coordinated
� enforcement project h a
Narcotics Task Force through the participation of Anoka County in the East Metro
Coordinated Narcotics Task Force Joint Powers Agreement. As a part of this affiliation
activities of this project may be coordinated with East Metro Coordinated Narcotics Task
Force activities.
IV. NAME
This joint enforcement project shall be known as the Anoka- Hennepin EM Narcotics and
Violent Crimes Task Force.
V. MEINOERSHIP
The parties to this agreement shall be the Cities of Anoka, Blaine, Brooklyn Center,
• Brooklyn Park, Coon Rapids, Maple Grove and the County of Anoka (herein collectively
referred to as "the parties ").
VI. ADMINISTRATION
A Task Force Advisory Board is formed consisting of the Chiefs of Police and Sheriff, or
his or her designee, from each party. The Task Force Coordinator and supervisors will
serve in an advisory capacity and shall have responsibility for administration of the Task
Force. A prosecuting attorney from Anoka and Hennepin Counties will act in an advisory
capacity to the Board. The County of Anoka will provide the day to day administration of
the Task Force through the assignment of the Investigative Lieutenant, assisted by
supervisors assigned to the Task Fore by the Coon Rapids Police Department -and the
Anoka County Sheriffs Office.
4
The Task Force Advisory Board members which have voting authority will be the Chiefs of
Police and the Sheriff or his or her designee from each party. The votes shall be weighted
based on the number of officers assigned to the Task Force.
In any issue requiring a vote of the Advisory Board, a quorum of five voting members must
be present to vote. In order for a motion to pass, a majority vote shall consist of at least
eight votes.
The Advisory Board shall elect a chair to conduct board meetings and serve as liaison
between the parties, the coordinator and the board.
VII. OPERATION
Section 1. Com iti
P
OS n o
The Task Force shall consist of 14 full -time peace officers POST licensed to practice law
enforcement as defined in Minnesota Statutes, Chapter 626. These officers will be assigned
to the Task Force by the parties as follows:
Anoka Police Department 1 Officer
Anoka County Sheriff 3 Officers 1 Lieutenant
Blaine Police Department 1 Officer
Brooklyn Center Police Department 1 Officer
Brooklyn Park 'Police Department 3 Officers
•
3
Coon Rapids Police Department 2 Officers 1 Sergeant
• Maple Grove Police Department 1 Officer
Each officer will remain an employee of the party assigning the officer to the Task Force.
The Advisory Board may approve a change in the composition of the Task Force upon the
request of any party. No party may be required to assign additional officers to the Task
Force without the consent of the affected party.
Section 2. Chain of Command
Coordinator /Lieutenant: The Task Force Coordinator shall be the head of the Task Force.
The Criminal Investigation Lieutenant of the Anoka County Sheriffs Department will act
i
in this capacity at the onset of this agreement.
The Coordinator shall serve at the pleasure of the Advisory Board and may be removed by
• a majority vote of the Board. The Coordinator reports directly to the Advisory Board. The
Coordinator will make the day to day operational and administrative decisions of the Task
Force.
Supervisors /Sergeants: One Sergeant shall be assigned to the Task Force by the Coon
Rapids Police Department. A supervisory investigator will be assigned by the Anoka County
Sheriff's Office. The sergeants /supervisors operate at the direction of the Task Force
Coordinator. They are responsible for the direct supervision of officers assigned to the Task
Force by the parties. Assignment of supervisory staff is subject to change by agreement of
the Task Force Advisory Board.
• 4
O fficers: Officers assigned to the Task Force operate at the direction and under the
supervision of the Task Force Coordinator and supervisors while assigned.
Clerical: The Task Force may hire clerical support for the Task Force from the grant
budget. The City of Brooklyn Park agrees to act as the employer of the person hired.
Section 3. Equipment
Equipment purchased by the Task Force during the grant period for Task Force usage shall
be divided amongst the parties by the Advisory Board at the end of the grant period if this
agreement is not renewed. Upon a mutually agreed dissolution of this Task Force, all
equipment owned by the Task Force will be distributed between the parties as decided by
the Advisory Board. Parties are expected to also utilize their own equipment such as body
• transmitters, and surveillance vans on an as needed basis. All equipment brought into Task
Force use by an agency will remain the property of the agency supplying said equipment.
Section 4. Facilities
Each Task Force member will work out of a centrally located office furnished and
maintained by the Task Force as provided in the annual grant budget.
Section 5. Policy and Procedure
Operational policy and procedure may be developed for the Task Force based on an
examination of operational goals and administrative need. These policies and procedures
will be proposed to the Advisory Board by supervisory staff who will conduct ongoing
• 5
evaluations of Task Force operations and need. Policies and procedures will be
implemented at the direction of the Advisory Board.
•
Section 6. Purchase of Evidence /Information
The Task Force Coordinator will maintain an accounting of all confidential funds utilized
for the purchase of evidence and information and to pay investigative expenses incurred by
the Task Force. The administration of confidential funds will undergo review by the Task
Force supervisory personnel prior to implementation of the following procedure. In the
event changes of procedure are deemed necessary, they will be reflected in policy and
procedure developed for the Task Force. At present each Task Force officer will fill out
a "Confidential Funds Receipt" when obtaining advances of confidential. funds from the
Coordinator or Supervisor. Upon expenditure of confidential funds by a Task Force officer,
a "Payment for Evidence and Information' form will be completed by the officer making the
• expenditure and this form will be forwarded in a timely fashion to the Coordinator. The
Coordinator will maintain a master expenditure log for all Task Force officers. Each
individual officer will maintain an individual expenditure log for confidential funds.
The Coordinator will audit the confidential funds on a regular basis and will file the
necessary quarterly report with the Office of Drug Policy of the Minnesota Department of
Public Safety. ;
Any evidence obtained or seized by the Task Force will be maintained in the Department
Property Room of the officer assigned as the case agent.
• 6
Section 7. Supplies.
Office supplies will be provided by the Task Force under the grant annual budget. Any
• supplies not itemized in the grant annual budget will be provided by that officer's employing
agency.
Section 8. Sworn Personnel.
Each party is providing licensed peace officers under the conditions outlined herein. Wages
and benefits for these officers will be the primary responsibility of the officer's employing
agency during the grant period. Wage and benefit reimbursement, to include overtime costs,
may be reimbursed through the grant as approved by the Advisory Board.
An officer assigned to the Task Force by a party may be removed from the Task Force by
the appointing party or through a majority vote of the Advisory Board. The party shall then
appoint a suitable* replacement for the removed officer.
• Peace officers assigned to the Task Force shall be equipped by their employing parties with
appropriate police credentials and suitable firearms. The employing party will be
i
responsible for providing any P.O.S.T. required training to their officers assigned to the Task
Force.
The Coordinator may direct additional, specialized training to be paid through the grant
budget.
Section 9. Vehicles.
The Task Force shall lease up to one vehicle for each officer assigned to the Task Force.
Each party will be responsible for fuel, insurance, and maintenance costs incurred by the
• 7
vehicle(s) leased for the officer(s) assigned by that party. Upon termination of this
agreement, the vehicles will either be absorbed by the parties agreeing to assume leasing
• obligations or returned to the leasing agency. Vehicles owned by a party and' utilized by the
Task Force will remain the responsibility of the party as will costs incurred for the vehicle's
use and maintenance.
VII. TASKS
Section 1. The primary function and responsibility of the Task Force is to detect,
investigate, gather evidence, and apprehend drug traffickers within the geographic area of
the parties. As a result of the nature of covert undercover operations, it is anticipated that
undercover operatives may detect or become aware of other crimes. The Task Force will
pursue other avenues of investigation only upon recommendation of the Task Force
Coordinator and by permission of the Chief of Police or Sheriff of the particular party
involved. In addition, the Task Force may be used for other investigative purposes under
• exigent circumstances or in a capacity wherein the nature of the investigation being
undertaken requires undercover officers.
Section 2. It is the mission priority of this Unit to investigate drug wholesalers (those
individuals who bring drugs into the Task Force area), street level drug distributors, those
persons involved in the clandestine laboratory manufacturing of illicit drugs, and individuals
who attempt to acquire pharmaceutical drugs in violation of the provisions of Minnesota
Statutes, Chapter 152.
Section 3. A function of the Task Force will be to gather and to disseminate controlled
substance intelligence information. The Task. Force will maintain an ongoing intelligence
•
8
filing system. The Task Force will attempt to investigate those leads, maintain on file that
information, and upon request disseminate that information to the parties hereto.
•
Section 4. With permission of the Task Force Coordinator, the Task Force will provide
training to member parties requesting that service. Requests for community drug education
and drug awareness will be provided only upon permission of the Task Force Coordinator
and the department of that particular party.
Section 5. Public announcements concerning the function of the Task Force will be made
only by permission of the Advisory Board in conjunction with the parties to this agreement
and by approval of the Chief of Police or Sheriff of the party in which that release is to be
made.
{
• Section 6. Public announcements concerning arrests or investigations conducted by the Task
Force will be made by the Chief of Police or Sheriff of that party or his or her designee
where that arrest was made and upon approval of the Task Force Coordinator. News
releases concerning the Task Force's function, investigations, and /or arrests will not be
made by any Task Force officer unless specifically requested by the Chief of Police or
Sheriff with permission of the Task Force Coordinator or the Advisory Board.
VIII. FINANCIAL MATTERS
Section 1. The fiscal year of the Task Force shall be the calendar year.
Section 2. The Finance Department of Anoka County will be responsible for the
administration of all funds coming under the direct supervision of the Task Force whether
• 9
Federal grant funds or contributions of the parties.
• Section 3. The Task Force Advisory Board shall direct the Coordinator to prepare an
annual grant application including proposed budget which will be presented to the parties
on or before the application deadline set by the Office of Drug Policy, Department of Public
Safety. The Task Force Coordinator shall submit the approved grant application and budget
to the Office of Drug Policy by the deadline established by the Office of Drug Policy.
Section 4. Funding shall be in the form of a matching grant from the Federal government.
The contributions of the parties shall be at least 25% of the total budget established for the
current year. An individual party's financial contribution shall be proportioned to the
number of officers committed to the Task Force as shown in the grant application budget.
The matching funds will be submitted to the Finance Department of Anoka County by the
parties at the beginning of the grant period. Any unused match funds will be returned at
the end of the grant period in a manner determined by the Advisory Board.
Section 5. Any assets seized by the Task Force and awarded to the Task Force through
administrative or judicial proceedings shall be distributed to the parties on a periodic basis
as determined by the Board. The formula for distribution of these assets shall be
proportioned based on the number of officers assigned for each participating agency. The
Task Force Coordinator will be responsible for the distribution of funds or assets seized or
forfeited by the .Task Force.
• 10
Section 6. The Coordinator, upon direction and approval of the Advisory Board, is
authorized to sign and enter into contracts on behalf of the Task Force as may be necessary.
• IX. DEPUTATION
Officers assigned to the Task Force, while performing their assigned duties as Task Force
officers in a jurisdiction other than their own jurisdiction, shall have the same powers,
duties, privileges and immunities as conferred upon them by their own jurisdiction. The
authority granted hereunder does not constitute employment by the Task Force or by the
city or county in which the duty or duties are being performed. Any worker's compensation
claim or work related injury that may occur as a result of working with the Task Force shall
be the sole responsibility of the off'icer's home jurisdiction. Further, the authority granted
hereunder extends only so far as may be necessary to complete the duties assigned to the
,
officers, and terminates at the expiration of this agreement and any extension thereof.
• X. INSURANCE
The Task Force shall purchase insurance to provide liability and property damage coverage
in the amount determined by the Advisory Board. In no event will the insurance coverage
be less than the League of Minnesota Cities Insurance Trust standard liability coverage.
The insurance shall provide coverage for all authorized Task Force operations by Task
Force members.
XI. DURATION
Section 1. This Agreement for Task Force operations shall be in effect from January 1,
1997, notwithstanding the dates of signatures by the parties, and shall continue in effect until
terminated in accordance with the provisions herein.
• 11
Section 2. Any party may withdraw from this Agreement on December 31 of any year by
declaring its intention to withdraw in writing and providing the written notice, delivered by
• mail or in person, to each of the other parties on or before June 1 of that year. Notice by
mail shall be deemed received three days after mailing. Withdrawal by a party shall not
result in the discharge of any legal liability incurred by such party before the effective date
of withdrawal.
Section 3. This agreement shall terminate under the following circumstances:
(1) There are no remaining parties as a result of withdrawal pursuant to this Agreement;
or
` (2) All remaining parties mutually agree to terminate this Agreement; or
(3) This Agreement shall terminate automatically when grant funding for Task Force
activities is discontinued.
�1 PURCHASES
XII. CONTRACTS AND PURC
Any contracts and purchases made pursuant to this agreement shall be made by the County
and shall conform to the requirements applicable to Anoka County.
XIII. STRICT ACCOUNTABILITY
Pursuant to Minn. Stat. §471.59, a joint powers agreement is to provide for strict accounting
of all funds and report of all receipts and disbursements. Any party to this agreement may
request a strict accounting at an time.
.q g Y
• 12
XIV. ENTIRE AGREEMENT
This joint powers agreement constitutes the entire agreement of the parties on the matter
related hereto. The agreement shall not be altered or amended, except by agreement in
writing signed by the parties hereto.
XV. SIGNATURES
All parties to this Agreement need not sign the same copy of the Agreement. An original
Agreement signed by each party to this Agreement shall be maintained in the Office of the
Anoka County Sheriff.
1�
DATED: CITY OF BROOKLYN CENTER
By
Its
By
Its
• 14
MEMORANDUM
• DATE: April 10 1997
P ,
TO: Michael McCauley, City Manager
FROM: Diane Spector, Director of Public Services
SUBJECT: Resolution Recognizing the Designation of Brooklyn Center as a Tree City USA
and Acknowledging Receipt of a Growth Award; and Proclamation Declaring
April 25, 1997, Arbor Day and May 1997, Arbor Month in Brooklyn Center
For each of the past five years, Brooklyn Center has strived for and achieved designation as a
Tree City USA by the National Arbor Day Foundation. This national award recognizes
communities with effective community forestry programs. This year, Brooklyn Center has also
been awarded a Growth Award to recognize special accomplishments in 1996 which show
leadership and commitment in urban forestry.
The City's forestry programs include the following:
♦ Care for and planting of park and boulevard trees;
Diseased and nuisance tree removal program;
♦ Mandatory tree contractor registrations requiring certain minimums of liability insurance;
♦ Boulevard tree planting permits requiring proper placement of tree and selection of tree
species;
♦ A Residential Reforestation program which provides financial assistance in the form of
$50 coupons to property owners who have lost a tree to disease. The coupons are good
towards a replacement tree from one of several local nurseries;
♦ A tree ordinance specifying proper standards of care for all trees; and
♦ An Arbor Day and Month program which travels between elementary schools in
Brooklyn Center, providing teaching resources, learning activities, and an Arbor Day
event to plant one or more trees.
As the attached memo from Joyce Gulseth indicates, additional activities taken on in 1996 were
the basis of the Growth Award. These activities include:
♦ Creation and landscaping of Bob Cahlander Park and Park and Ride. The facilities were
designed to preserve as many of the existing mature trees as possible.
♦ The inauguration of the Street Improvement Reforestation Project, which will annually
replace trees removed in the previous year as a result of street construction projects.
♦ The initiation of the Evergreen Park Living Snowfence project, anchored by a $1,000
donation from local restaurant. Future charitable donations will expand the snow fence.
MEMORANDUM
•
DATE: April 7, 1997
TO: Diane Spector
FROM: Joyce Gulseth
SUBJECT: 1997 Forestry Activities
TREE CITY USA
For the fifth year, Brooklyn Center has received national recognition by being named a Tree City
USA by The National Arbor Day Foundation. The program is sponsored by The National Arbor
Day Foundation in cooperation with the USDA Forest Service and the National Association of
State Foresters and the designation must be renewed annually.
To become a Tree City USA, a community must meet four standards: a tree board or department,
a city ee ordinance a comprehensive om rehensive communi forest program, and an Arbor Da
P community forestry P g Y
observance. The award indicates that the City takes its municipal tree -care responsibilities
seriously. An effective community forestry program is an ongoing process of growth and
renewal —a program of planting and care that continues through the years. The Tree City USA
award is an excellent indication that there is a solid foundation for that process of improvement.
Brooklyn Center has received additional recognition this year by being awarded the Tree City
USA Growth Award. The award is provided by the National Arbor Day Foundation to recognize
environmental improvement and encourage higher levels of tree care throughout America. It is
designed not only to recognize achievement, but also to communicate new ideas and help the
leaders of all Tree City USA's plan for improving community tree care. Brooklyn Center is one
of 12 cities in Minnesota to receive this recognition
The City was eligible for the Growth Award because it has been a Tree City USA for at least two
consecutive years and has spent at least as much on its community forestry program this year as
it did last year. The City was recognized for its achievement in the following categories:
Partnerships The inauguration of the Street Improvement Reforestation Project,
which annually will replace trees removed because of street and
utility reconstruction. One hundred and six trees were planted in 1996
at a cost of $18,485.00
Planning & The development of Bob Cahlander Park and Park and Ride. In
S Management addition to the many existing trees that were preserved, the
landscaping was substantially enhanced with the planting of 178
shade, ornamental and coniferous trees along with hundreds of shrubs
and thousands of wildflowers, prairie grasses, perennial flower plants
and bulbs.
Tree Planting & A $1,000 donation from the Cracker Barrel Old Country Store
Maintenance Foundation was used for the purchase and planting of 10 evergreens
to establish the Evergreen Park Living Snowfence project. Future
charitable donations will expand the snow fence until it wraps around
the south and east sides of the Park.
Mayor Myrna Kragness, Diane Spector, Joyce Gulseth and Ole Nelson attended the presentation
ceremony and informal awards luncheon for the Metro Region communities hosted by the DNR,
Division of Forestry on Thursday, March 27, 1997.
Attached is a resolution recognizing the designation of Brooklyn Center as a Tree City USA and
acknowledging receipt of a Growth Award.
ARBOR DAYCELEBRATION
Attached is a proclamation declaring April 25 as Arbor Day, and May, 1997 as Arbor Month in
Brooklyn Center. The City of Brooklyn Center along with students from Northport Elementary
will celebrate Arbor Day on May 14 at the Northport Park.
Through the combined efforts of the student body, the Adventure Club and the City, an "outdoor
classroom" will be established in the park near the school grounds. This concept is part of the
City's commitment to enhance our parks and increase awareness among youth of Arbor Month
and the benefit of trees. Student Council members will assist City k personnel in planting
t3' P P P g
trees and other landscape material in a designated site near the school grounds. The
establishment of this mini - arboretum will provide students the opportunity to study and enjoy
trees and the responsibility of caring for them.
In preparation for the event I am providing every classroom instructor with a copy of A
Teachers' Guide to Arbor Month, a cross - curricular thematic unit offering ideas for dozens of
learning activities to supplement daily lessons in language arts, math, music and art, social
studies, science and health, and physical education. Environmental education is integrated
throughout other subject areas.
A field trip to the Minnesota Landscape Arboretum will provide plenty of incentive for students
to participate in individual classroom contests. Two winners from each room will enjoy a day at
the Arboretum with seminars, tours and a box lunch. Local service organizations and nurseries
will be funding the costs involved.
•
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION RECOGNIZING THE DESIGNATION OF BROOKLYN CENTER
AS A TREE CITY USA AND ACKNOWLEDGING RECEIPT OF A GROWTH
AWARD
WHEREAS, the City of Brooklyn Center is committed to preserving and enhancing
its urban forest; and
WHEREAS, the National Arbor Day Foundation, upon the recommendation of the
State of Minnesota forester, has designated Brooklyn Center as a Tree City USA in recognition
of 1996 forestry activities, and
WHEREAS, the National Arbor Day Foundation, in an effort to recognize
environmental improvement and encourage higher levels of tree care, has awarded Brooklyn
Center the Tree City USA Growth Award.
• NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of
Brooklyn Center, Minnesota, that:
1. The Council hereby recognizes and accepts the designation of Tree City USA and
accepts the Tree City USA Growth Award on behalf of the residents of Brooklyn
Center.
2. The Council reaffirms its commitment to urban forestry, and directs staff to, within
the constraints of existing resources, continue a high level of maintenance and
reforestation efforts.
I The Council commends city staff and the residents of Brooklyn Center for their work
in maintaining and enhancing Brooklyn Center's urban forest.
•
RESOLUTION NO.
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
, and upon vote being taken thereon, the following voted in
favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
i
• PROCLAMATION
DECLARING APRIL 25, 1997,
ARBOR DAY
AND MAY 1997
ARBOR MONTH IN BROOKLYN CENTER
WHEREAS, Trees are an increasingly vital resource in Minnesota today, enriching our lives by
purifying air and water, helping conserve soil and energy, creating jobs through a
large forest products industry, serving as recreational settings, providing habitat for
wildlife of all kinds, and making our cities more livable; and
WHEREAS, Trees in our city increase property values, enhance the economic vitality of
business areas, and beautify our community; and
WHEREAS, Human activities such as construction damage and pollution, as well as drought,
disease and insects threaten our trees, creating the need for concerted action to
ensure the future of urban and rural forests in our state, country, and world; and
• WHEREAS, We are in a decade that emphasizes the environment and how people can positively
impact world problems like "global warming" by locally planting trees and ensuring
that these trees are nurtured, protected, and wisely used in the years ahead; and
WHEREAS, Brooklyn Center has been recognized as a Tree City USA by The National Arbor
Day Foundation and desires to continue its tree- planting ways
NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of
Minnesota, do hereby proclaim April 25, 1997, Arbor Day and May 1997 as Arbor Month in the
City Brooklyn Center, and I urge all citizens to support efforts to care for our trees and woodlands
and to support our city's community forestry program.
Date Mayor
Attest:
City Clerk
•
MEMORANDUM
• TO: Michael J. McCauley, City Manager
FROM: Charlie Hansen, Finance Director C H
DATE: April 8, 1997
SUBJECT: Resolution Closing the Special Assessment Refunding Bonds
of 1987 Debt Service Fund and Transferring its Remaining
Assets to the Special Assessment Construction Fund
The attached resolution closes a debt service fund which handled the expenditures related
to the payment of principal and interest costs of special assessment refunding bonds that
were issued in 1987 to refund special assessment bonds that were originally issued in 1982.
The final payment of principal and interest on these bonds was made on February 1, 1997.
There is $297,382.45 of cash remaining after making the February 1, 1997 payment. A
bill for paying agent fees may still be coming from the bank, but that will be no more than
a few hundred dollars. There also are $60,899.47 of special assessments receivable which
• will be collected over the next several years. The surplus exists because of the savings
achieved by refunding the original bonds in 1987 and because some other debt service
funds were closed into this fund several years ago.
These assets should be transferred to the Special Assessment Construction Fund to be
consistent with the use of this fund for street construction projects cash flow.
•
Member introduced the following resolution and moved
• its adoption:
RESOLUTION NO.
RESOLUTION CLOSING THE SPECIAL ASSESSMENT REFUNDING BONDS
OF 1987 DEBT SERVICE FUND AND TRANSFERRING ITS REMAINING
ASSETS TO THE SPECIAL ASSESSMENT CONSTRUCTION FUND
WHEREAS, Section 7.11 of the City Charter provides the City Council with the
authority o order the creation of such funds as may be needed to properly tY y p p y account for the
financial activities of the City; and
WHEREAS, Section 7.11 of the City Charter provides the City Council with full
authority to make transfers between all funds which may be created, provided that such
transfers are not inconsistent with the provisions of related covenants, the provisions of the City
Charter, or State Statutes; and
WHEREAS, there now exists the Special Assessment Refunding Bonds of 1987 debt
service fund which was established in the 1987 to account for the payment of principal and
interest costs of these bonds; and
WHEREAS, the City made the final payment of principal and interest on these bonds
on February 1, 1997; and
WHEREAS, there is a remaining balance of cash and special assessments receivable
of approximately $357,000 after the February 1, 1997 payment; and
WHEREAS it would o ld be most appropriate to the o f
tr ns transfer of the remaining g balance
of the Special Assessment Refunding Bonds of 1987 Debt Service Fund to the Special
Assessment Construction Fund.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center Minnesota as follows:
: s
1. That the classification of funds shall be amended to delete the Special Assessment
Refunding Bonds of 1987 Debt Service Fund.
2. Any remaining assets of the Special Assessment Refunding Bonds of 1987 Debt
Service Fund, including interest through February 1, 1997 when it is allocated, will
be transferred to the Special Assessment Construction Fund as of February 1, 1997.
RESOLUTION NO.
•
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
, and upon vote being taken thereon, the following voted in favor
thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
•
8�
MEMORANDUM
TO: Michael J. McCauley, City Manager
FROM: Charlie Hansen, Finance Director C �{
DATE: April 8, 1997
SUBJECT: Resolution Approving Specifications for Requests for
Proposals for Risk Management Consulting Services
During 1996, the Financial Commission recommended and the City Council adopted a
Policy and Procedure on Requests for Proposals for Financial Profession Services. A
major element of this policy was a schedule for doing requests for proposals (RFP) on a
rotating basis for the six professional services used by the Finance Department. Banking
services and risk management services were scheduled for 1997. Banking services were
then done in 1996 due to service issues.
Berkley Risk Services, Inc. (formerly American Risk Management, Inc.) has been retained
as the City's risk management consultant since June of 1988. The contract for their
services has been renewed on March 1st of each year in the resolution awarding contracts
for the insurance policies. This year they agreed to extent the contract through July 31st
to allow time for this RFP.
The draft specification was reviewed by the Brooklyn Center Financial Commission at
their meeting on April 3, 1997. They voted unanimously to recommend the draft
specification to the City Council. A draft copy of the Financial Commission meeting
minutes is attached.
The attached resolution approves the specifications for the RFP and directs the staff to
solicit proposals from interested vendors.
•
its adoption: Member introduced the following resolution and moved
RESOLUTION NO.
RESOLUTION APPROVING SPECIFICATIONS FOR REQUESTS FOR
PROPOSALS FOR RISK MANAGEMENT CONSULTING SERVICES
WHEREAS, the City Council adopted a Policy and Procedure on Requests for
Proposals for Financial Profession Services; and
WHEREAS, proposals for risk management consulting services are scheduled to
be solicited in 1997 in accordance with this policy; and
WHEREAS, the staff and the Financial Commission have developed specifications
for requests for proposals for risk management consulting services.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that:
1. The specifications for requests for proposals for risk management
consulting services are hereby approved.
2. The Finance
Director shall distribute the specifications for requests for
proposals for risk management consulting services to interested vendors.
Date Mayor
ATTEST:
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 OF BROOKLYN CENTER, MINNESOTA
• REQUEST FOR PROPOSALS
FOR
RISK MANAGEMENT CONSULTANT SERVICES
I. Statement of Purpose
The City of Brooklyn Center, Minnesota is inviting proposals for the purpose of selecting
a firm to serve as independent risk management consultant to the City. The independent
risk management consultant will assist the City in the identifying, controlling, and
minimizing the city's exposure to losses to its physical assets, losses arising out of third
party liability suits, and injuries to its employees. Risks are to be managed through the
purchase of insurance to transfer the risk, decisions to retain risk, and recommendations
to change procedures to minimize or avoid risk.
The City has employed a risk management consultant since 1988. The City also employs
an insurance agent on a fee for service basis to place its insurance policies. A four year
engagement is contemplated, subject to annual review and recommendation of the City
Manager, the satisfactory negotiation of terms, and the approval of the City Council.
II. General Information Regarding the City
The City of Brooklyn Center is a northern suburb of Minneapolis. The City is wholly
within Hennepin County and encompasses an area of approximately 8.5 square miles. The
Mississippi River forms the City's eastern boundary.
The City experiences its most rapid growth from 1950 to 1970 when the City's population
grew from 4,300 to its peak of 35,173. The 1990 U.S. Census count for the City is
28,887, a 7.5 % decline form the 1980 Census. The 1994 population, as estimated by the
Metropolitan Council, is 28,484.
Brooklyn Center has been a municipal corporation since 1911, and is governed under a
Home Rule Charter adopted in 1966 and subsequently amended. The City has a Council
Manager form of government. The Mayor and four Council Members are elected to serve
overlapping four -year terms.
The City Manager, Mr. Michael J. McCauley, is responsible for the administration of
Council policy and the daily management of the City. The Manager is appointed by the
City Council and serves at its discretion. Mr. McCauley has served the City in the
position of Manager since December of 1995. The Director of Finance, Mr. Charles R.
Hansen, is responsible for directing the City's financial operations, including risk
• management. Mr. Hansen has served the City as Director of Finance since 1993.
1
III. Schedule of Events
• The City has developed the following schedule, of events for selection:
Specifics Chronology Timing
Send out Request for Proposals April 18, 1997
Receive proposals from consultants May 23, 1997
Select finalists for interviews May 30, 1997
Interviews June 9 thru 13, 1997
Recommendations to City Council July 14, 1997
All questions regarding this request for proposal are to be directed to:
Mr. Charles Hansen
Finance Director
IV. Scope of Services
Provide risk management consulting services for the city of Brooklyn Center's property,
casualty, and worker's compensation programs:
1. Assist with identification and measurement of all exposures to the risk of loss,
including the review of any activities and /or programs under consideration.
2. Assist with the selection of risk management techniques and methods of treatment
to address identified exposures.
3. Review risk management procedures, including loss control and safety programs.
This will include review of personnel procedures which may place the City of
Brooklyn Center at risk.
4. Assist with the set -up and the monitoring of loss control programs covering
property, liability, workers compensation, and safety to the general public. This
will include meeting with the City's employee safety committee.
5. Assist with assessment of risk retention capabilities of the City to determine
whether this capacity and deductibles or self - insurance are properly balanced.
2
6. Assist with preparation and processing of annual insurance renewals.
• a. Preparation of bid specifications.
b. Preparation of recommendations regarding purchase action.
7. Monitor the City's incurred claims including property damage, liability, and
worker's compensation.
8. Assist with allocation of risk management costs to budgetary units.
9. Assist with development of budget figures for insurance premiums and /or self
insured funds for each fiscal year.
10. Advise on insurance requirements for contracts and agreements entered into by the
City.
11. Provide up to date information concerning insurance issues such as trends and
proposed legislation.
12. Provide a source for answers to risk management problems as they occur.
V. Proposal Requirements
•
Proposals should ould include responses to each of the following items. .Include other
information as appropriate to address the services expected from the consultant, as outlined
in Section IV. Please construct our proposal with responses in e d er as listed
the same or
Y P P
below to facilitate review and comparison by the review committee.
A. Experience of the firm with risk management consulting in the State of Minnesota.
B. Experience of the firm with jurisdictions of comparable characteristics to the City
of Brooklyn Center.
C. Identify the person(s) who will be the primary contact with the City. List the
qualifications and experience of the person(s). Identify the person who will back-
up the primary contact should he /she become unavailable for any reason. Include
resumes.
D. References relating to similar services for cities over the last three years with
comparable characteristics to the City of Brooklyn Center, preferably in the State
of Minnesota. Include names, addresses and phone number of contact persons.
E. Identify the fees for the service for at least the first year. Fees for subsequent
years may be negotiated prior to the start of those years.
3
VI. Fees
• The City of Brooklyn Center is interested in selecting that firm which professionally
provides the City with optimal services, yet also meets the City's concern with cost.
Firms will be selected for interviews based upon their overall credentials and their ability
to service the City of Brooklyn Center.
VII. Terms and Conditions
A. The City reserves the right to reject any or all proposals or to award the contract
to the next most qualified financial advisor if the successful financial advisor does
not execute a contract within thirty (30) days after the award of the proposal.
B. The City reserves the right to request clarification of the information submitted and
to request additional information of one or more applicants.
C. Any proposal may be withdrawn up until the date and time set above for the
opening of the proposals. Any proposals not so withdrawn shall constitute an
irrevocable offer, for a period of 90 days, to sell to the City the services set forth
in the attached specifications, or until one or more of the proposals have been
approved by the City.
D. If, through any cause, the firm shall fail to fulfill in timely and proper manner the
obligations agreed to, the City shall have the right to terminate its contract by
specifying the date of termination in a written notice to the firm at least thirty (30)
working days before the termination date. In this event, the firm shall be entitled
to just and equitable compensation for any satisfactory work completed.
E. In the event that the firm finds it necessary to change personnel assigned to the
City, qualifications of the replacement personnel shall be provided to the City, and
the City retains the right to approve or reject replacements.
F. Any agreement or contract resulting from the acceptance of a proposal shall be on
forms either supplied by or approved by the City, and shall contain, as a minimum,
applicable provisions of the Request for Proposal. The City reserves the right to
reject any agreement that does not conform to the Request for Proposal and any
City requirements for agreements and contracts.
G. The firm shall not subcontract or assign any interest in the contract and shall not
transfer any interest in the same without prior written consent of the City.
H. No reports, information, or data given to or prepared by the firm under the
contract shall be made available to any individual or organization by the firm
• without the prior written approval of the City.
. 4
I. All data, documents and other information provided to the City by the consultant
as a result of this Request for Proposal shall become the property of the City and
• subject to its disposal.
J. All costs associated with the preparation of a proposal in response to the Request
for Proposal shall be the responsibility of the firm submitting the proposal.
K. The consultant will be required to have in force professional liability insurance of
at least $500,000.
L. The consultant will be expected to meet with City officials at City Hall as needed.
P tY Y
M. The firm must submit five (5) copies of each of its proposals to the finance officer
not later than 10:30 A.M., Friday, May 23, 1997. The address and telephone
number is:
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430 -2199
(612) 569 -3300
All proposals must be signed by a duly authorized individual. All proposals shall
become the property of the City and the City may, at its option, request oral
presentation prior to selection;. notification in writing will be given if such meetings
• are required. No public bid opening will be held. A listing of firm's names
representing the proposals received will be available on Friday, May 23, 1997.
N. Mr. Charles Hansen, Finance Director, shall be the primary source of contact for
our firm during wring the Request for Proposal and selection process. Mr. Hansen will
P
coordinate appointments with staff and /or the Selection Committee to answer any
questions or set up interviews.
V
III. Interviews
e sews
The City may select two or more firms for oral presentations. Each firm will give a 30-
minute presentation summarizing their qualifications and their approach to the project.
The presentation will be followed by a question - and - answer period. The individuals who
will be assigned to the project will be expected to make the oral presentation.
5
IX. Evaluation of Proposals
• An evaluation committee shall be used to evaluate the proposals. The committee shall
evaluate the proposals based on the following criteria:
A. Quality of the proposal and response to the Request for Proposal.
B. Experience and creativity in providing risk management consulting services to
cities of comparable characteristics to the City of Brooklyn Center.
C. Experience and availability of staff assigned to serve the City.
D. References.
E. Fees.
6
DRAFT
MINUTES OF THE PROCEEDINGS OF THE FINANCIAL COMMISSION
OF THE CITY OF BROOKLYN CENTER
APRIL 3, 1997
CITY HALL, CONFERENCE ROOM B
CALL TO ORDER
Chair Donn Escher called the meeting to order at 7:00 P.M. in Conference Room B.
ROLL CALL
Present at roll call were Chair Donn Escher, Commissioners: Ned Storia, Jay Hruska, Ron
Christensen Larry Peterson, Jerry Blamey and Michael Weidner. Also present were Council
Liaison Debra Hilstrom, City Manager Michael McCauley, and Finance Director Charlie Hansen.
Approval of Minutes
A motion was made by Commissioner Larry Peterson to approve the minutes of the March 6,
1997 meeting. Commissioner Jay Hruska seconded the motion and all members voted in its favor.
Approval of the Agenda
A motion was made by Commissioner Ron Christensen to approve the agenda for the meeting.
Commissioner Michael Weidner seconded the motion and all members voted in its favor.
• Tour of Community Center
Acting Recreation Director Jim Glasoe led the Financial Commission on a tour of the Community
Center and explained its needs in relation to the City's overall building needs.
Amended Inve tment Policy
Charlie Hansen reported that the City Council had adopted the investment policy recommended
by the Financial Commission with an amendment recommended by the City Attorney.
Update on Fire & Police building needs planning
Mike McCauley distributed a memorandum summarizing the building needs, issues, and costs.
He announced there will be open houses at the Dupont Fire Station on April 10 and April 19.
These are intended to present the alternative concepts to the public and hopefully develop a
consensus for one alternative. The target is to complete this phase by the end of May so that the
issue can be presented to the City Council for a choice in June.
Review of proposed pitai 1 Improvements Fund & Reserve Fund Expenditure Policy
Mike McCauley discussed revisions that were made to the draft Capital Improvements Fund
Expenditure Policy and draft Reserve Fund Expenditure Policy which were suggested at the last
meeting. Donn Escher reviewed the Capital Improvements Fund Expenditure Policy by section.
Commissioner Ned Storla moved to recommend the Capital Improvements Fund Expenditure
Policy, as amended, to the City Council. Commissioner Jerry Blamey seconded the motion and
• all members voted in its favor.
Donn Escher noted it was 9:00 P.M. and asked if the Financial Commission wished to extend its
meeting time. Commissioner Ron Christensen moved to extend the meeting for one half hour.
Commissioner Jerry Blamey seconded the motion and all members voted in its favor.
Mike McCauley reviewed the language added to the Capital Expenditure Reserve Fund Policy and
explained that it calls for the funding level of the fund to be reviewed subsequent to any use of
the fund and revenues provided to restore the fund to the newly established level. It was decided
that additional language should be added to clarify the goals for re- establishing the fund balance
after it has been drawn down below $1,000,000.
Commissioner Jay Hruska moved to recommend the Capital Expenditure Reserve Fund Policy,
as amended, to the City Council. Commissioner Larry Peterson seconded the motion and all
members voted in its favor.
Request for Proposals for Risk Management Consultant Services
Charlie Hansen explained the function of the risk management consultant to assist the staff in
identifying risk exposures and properly reducing or insuring those risks. The Policy on Requests
For Proposals for Financial Professional Services calls for this service to be bid in 1997. A draft
specification was discussed. By consensus, Section IV. Scope of Services, paragraph B.
Employee Benefits, was cut from the specification. Charlie Hansen requested flexibility to adjust
• the Schedule of Events before submitting it to the City Council to insure that enough time was
allotted to each step in the process.
Commissioner Ned Storla moved to recommend the risk manager specification, as amended, to
the City Council. Commissioner Jay Hruska seconded the motion and all members voted in its
favor.
Next Meeting
The next meeting will be Thursday, May 1, 1997 at 7 :00 P.M. and will be a joint meeting with
the City Council
ADJOURNMENT
Commissioner Ron Christensen moved to adjourn the meeting at 9:30 P.M. Commissioner Jerry
Blarney seconded the motion and all members voted in its favor.
•
City of Brooklyn Center
A great place to start. A great place to stay.
•
MEMORANDUM
TO: Mayor Kragness, Councilmembers Carmody trom, , an eppe
FROM: Michael J. McCauley, City Manager
DATE: April 10, 1997
SUBJECT: Set Dates for Meetings
I would ask that the Council set the following meeting dates:
1) Wednesday, April 23, 1997, 7 p.m. - City Council Work Session
Conference Room B, City Hall
2) Wednesday, April 30, 1997, 7 p.m. - Southeast Neighborhood to Discuss Neighborhood
Watch and the 53rd Avenue Project
Earle Brown Elementary School, Activity Room
3) Change date of Council Work Session from May 19 to May 21, 1997, 7 p.m.
Conference Room B, City Hall
•
6301 Shingle Creek Pkwy, Brooklyn Center, IVN 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
g h
City of Brooklyn Center
A great place to start. A great place to stay.
•
MEMORANDUM
TO: Mayor Kragness, Councilmembers Carmody, Hil from, L an, and Peppe
FROM: Michael J. McCauley, City Manager
DATE: April 10, 1997
SUBJECT: Update on 53rd Avenue Project.
The City Manager will give a verbal report to the City Council on the 53rd Avenue Project.
•
6301 Shingle Creek Pkwy, Brooklyn Center, YIN 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