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HomeMy WebLinkAbout2000 09-05 CCP Work Session AGENDA September 5, 2000 6:00 P.M. WORK SESSION CITY COUNCIL CHAMBERS I. CITY COUNCIL BUDGET STUDY SESSION WITH FINANCIAL COMMISSION 1. General Discussion of Destination Park Plan and Capital Improvement Funding Levels 2. Further Discussion of Preliminary 2001 tax levy 3. Further Discussion of Draft 2001 Budget. II. GENERAL WORK SESSION 1. Utility Hook -Up Charges 2. Massage Therapists (Mayor Kragness) 3. Miscellaneous 4. Adjourn City Brooklyn y f n Center y A great place to start. A great place to stay. To: Mayor Kragness and Council Members Hilstr , Lasman, Nelson and Peppe From: Michael J. McCauley City Manager Date: September 1, 2000 Re: Destination Park Discussion At the September 1 Ith City Council meeting, public input has been solicited on the Destination Park Plan. The September 5th City Council joint work session with the Financial Commission is for the purpose of preparing for that public input. Ms. Spector has received a few written comments. Ms. Spector has provided a number of documents outlining a potential Destination Park implementation that would require substantial increases in funds allocated to parks. Not included in that analysis is what the operating impacts would be of substantial increases in the facilities to be maintained. My view of the destination park process has been that we need to prioritize the funds that are available, while using additional funds judiciously. In the next 5 years, on to 2 major destination park improvements are possible between a combination of re- allocation of park capital spending and the potential infusion of additional monies from other sources. Those sources could include grants, a one -time transfer from the Capital Reserve Emergency Fund of $200,000 (this would be an item to bring to the Financial Commission for review and recommendation since we will be $200,000 + above the target fund balance for this fund), and other transfers depending on the needs for street projects and the final cost of Civic Center needs. With the last major building project now being undertaken, I would recommend a cautious approach to additional capital commitments. I have attached two spreadsheets to summarize Ms. Spector's materials that provide greater detail. These sheets support a view toward prioritization, which would include additional work as funds became available, but not to implement the whole plan at this time without further study of operating implications and other capital needs. The current review of the street program indicates it will need additional funding. One of the major costs in the next few years will be street projects with substantial City property frontage that will mean the City will be responsible for the special assessment portion for those properties through some funding. g This meeting is to begin the process of Council input into the prioritization and funding of future park improvement after the public input solicitation on September 1 lth. 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer 2001 2002 11 114 2005 2006 2007 2008 2009 2010 2011 Scheduled Work $17,000 $14,500 $75,158 $51,282 $32,687 $17,000 $124,343 $26,095 $24,201 $0 $0 Major Projects $325,000 $298,245 $325,000 $326,593 $508,739 $280,000 $302,668 $269,720 $192,137 $232,685 $232,685 Incl. Destination & Ne Total: $342,000 $312,745 $400,158 $377,875 $541,426 $297,000 $427,011 $295,815 $216,338 $232,685 $232,685 Average Scheduled: $34,751 11 Years Average Major: $299,407 11 Years Average Overall: $334,158 11 Years Current Capital Improvement Plan: 111 2001 2002 11 114 Plan Amount $226,200 $227,600 $229,500 $287,000 $214,500 I Park Improvements 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 Scheduled Im rovements $17,000 $14,500 $75,158 $51,282 $32,687 $17,000 $124,343 $26,095 $24,201 $0 $0 -- - Total: Maitenance: -- Evergreen field lights $200,000 Garden City Lighting $50,000 Grandview soccer $75,000 (gross before 6Rant ?) 2001 Major Project $325,000 Grandview baseball lights $100,000 Grandview playground $50,000 Grandview other $15,000 Lions Tennis Court $38,245 Twin Lake Park $70,000 Twin lake parking lot $25,000 2002 Major Project $298,245 Central Park Tennis $90,000 Grandview Shelter $200,000 Grandview Tennis Court $35,00 2003 Major Project $325,000 Evergreen scoreboards $11,593 West Palmer Lake light $15,000 West Palmer shelter $300,000 2004 Major Project $326,593 Central Field Light $238,810 Evergreen running track $20,000 Riverdale $35,000 Shingle Creek Trail $214,929 2005 Major Project $508,739 Brooklane shelter $90,000 Kylawn light $15,000 Kylaw shelter $_1 75,000 2006 Major Project $280,000 Central Scoreboards $12,668 Northport Lights & Shelte $155,000 Orchard Light & Shelter $135,000 2007 Major Project $302,668 69th Irrigation $58,715 Central shelter $45,567 Freeway shelter $30,000 Garden City Shelter $125,000 Northport shelter $10,438 2008 Major Project $269,720 Arboretum light $8,063 Evergreen lights $94,074 Willow Lane shelter $90,000 2009 Major Project $192,137 Central Playground $30,000 Central Shelter $150,000 Garden City Igiht $27,685 Palmer picnic shelter $25,000 2010 Major Projects $232,685 2011 Major Projects $0 MEMORANDUM DATE: August 31, 2000 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Works SUBJECT: Destination Park Plan City staff and the Park and Recreation Commission have met several times to consider the details of a Destination Park Plan. The draft of the plan for new improvements has been reviewed a few months ago. We have now completed the analysis of the 20 year needs for park improvements, and have incorporated the results of that study into the attached draft Destination Park Plan. The purpose of this plan is twofold: first, to determine if there are enhancements or improvements to the Destination Parks to meet future recreation needs and to provide the parks with focus; and second, to determine the City's fiscal capacity to continue the program of park improvements already begun, and to expand upon that program to incorporate Destination improvements. Enhancements to Destination Parks In summary, the proposed enhancements which go beyond what would be in the ongoing replacement schedule are as follows: Central: build a permanent bandshell; make better use of the pool patio; expand the playground; reconfigure the area between the Community Center and Central Park Plaza so they are better connected. Evergreen: light the ballfields; irrigate the ballfield outfields; pave a running track. Kylawn /Arboretum: continue upgrading the landscaping in the Arboretum West Palmer: build a substantial "lodge type" shelter plus an open picnic shelter Grandview: replace the two softball fields with a soccer /football field; expand the playground; build a substantial youth- oriented shelter building Analysis of Fiscal Capacity Park improvements are funded through the Capital Improvements Fund, and supported by an annual $75,000 transfer from the Liquor Fund and a $125,000 transfer from the General Fund year end surplus. The CIF fund balance has been contributing about $25,000 annually to the program. Based on the needs identified in the 20 year plan, the current level of funding is insufficient to meet both those needs and the proposed Destination park improvements. An additional $50,000 transferred from other sources would meet the needs plus the cost of the enhancements, but would bring the Capital Improvement Fund balance to zero. $100,000 transferred from other sources would be sufficient to meet the needs plus enhancements and provide a reasonable fund balance in the Capital Improvements Fund. Other sources of funds might include additional funds from the Liquor Fund; water tower antenna rentals; Golf Course Fund excess balance; and the General Fund. Alternatively, the plan could be scaled back to extend in length, or some combination of scaling back plus additional funds could be used to fund the implementation of the program. Another compromise could be the size and quality of buildings. The plan as proposed assumes larger, higher quality buildings at Grandview and West Palmer than those at other parks. Impact of Specific Funding Levels on Specific Improvements Attached is a listing of the proposed improvements to be made to the parks over the next ten years under the "full funding," $300,000 scenario, followed by a review of how the plan might look if no increase in funding for park improvements is made. In general, the $300,000 level allows us to complete the destination park improvements and also to keep up with replacements of existing facilities as necessary over the next ten years. With the no increase scenario, we could continue to replace existing facilities, but over a longer time frame, and the only Destination Park improvements would be at Grandview Park, with the rearrangement of facilities, construction of a new soccer field, and increasing size of the playground. An annual funding level in between those amounts would require some decisions to be made on a park by park and year by year basis. Some additional Destination Park improvements might be able to be fitted into the schedule, but the schedule would also be lengthened. Council Discussion Given the plan, the financial analysis, and options for additional funding, identify what improvements are desired, and which level of funding is achievable. Destination and Other Park Improvements Proposed Long -term Improvement Plan: Based on $300,000 Per Year 2001 -S325,000 Destination Park Irn provenis, Grandview: soccer /football field Begin Grandview Evergreen: ballfield lighting Complete Evergreen Garden City: trail light replacement 2002 - $27a.245- Grandview: replace baseball lights, move & pave hockey rink, expand Continue Grandview playground Twin Lake Park: replace shelter with picnic shelter, repalce playground and lighting, remove beach Lions: rehab tennis court 2003 - $325,000 Grandview: replace shelter, rehab tennis court Complete Grandview Central: rehab tennis court 2004 - $326,600 _ West Palmer: replace shelter, lighting, basketball, add storage bldgs Complete West Palmer Evergreen: replace scoreboards Central: replace ballfield lighting Evergreen: pave running track Riverdale: repalce shelter with picnic shelter, replace lighting 2006 - .0,000 Kylawn: replace shelter & lighting Brooklane: replace shelter Complete Kylawn Central: replace pond boardwalk 2007 - $302,700 Central: replace scoreboards Northport: replace shelter, lighting Orchard Lane: replace shelter, lighting 2008 -,%295,900 Destination Park Improvements 69th Avenue Parkway: replace irrigation Complete Garden City system Central: replace picnic shelter Freeway: replace picnic shelter Garden City: replace shelter Northport: replace picnic shelter 2009 - %192,100 Arboretum: replace trail lighting Evergreen: replace football/soccer lighting Willow Lane: replace shelter 2010 - S232,700 Central: expand playground, add Complete Central bandshell Garden City: replace rink lighting Palmer Lake: add picnic shelter s to Propo Plan if Only $200,000 Continues to Be Available At $200,000, the plan would be lengthened and scaled back. The only "Destination Park quality" type improvements would be at Grandview with the rearrangement of facilities, the addition of a soccer field, and the expansion of the playground. 2001 - Complete soccer field at Grandview, add ballfield lighting at Evergreen softball fields only; postpone Garden City trail lights ($200,000) 2002- Complete Garden City trail lights, complete Twin Lake improvements, complete Grandview playground and hockey rink, complete Lions tennis court; postpone replacing Grandview baseball lights ($223,000) 2003- Replace Grandview shelter with scaled back shelter; postpone Grandview and Central tennis courts ($175,000) 2004- Replace Grandview baseball lights, rehab Central tennis courts, replace Evergreen scoreboards; postpone West Palmer improvements ($180,000) 2005- Complete Grandview tennis courts, replace Riverdale lighting and picnic shelter, eliminate paving Evergreen running track, replace Central softball field lights; postpone Central baseball lights ($200,000) 2006- Replace Central baseball lights, replace Brooklane shelter; postpone Kylawn improvements ($200,000) 2007- Replace West Palmer shelter with scaled -back shelter, replace lot and trail lights, eliminate picnic shelter; postpone Orchard Lane and Northport shelters and lighting, postpone Central scoreboards ($200,000) 2008- Replace shelter and lights at Kylawn; postpone 69th Avenue irrigation replacement, Central, Freeway, and Northport picnic shelter replacement, Garden City shelter replacement ($200,000) 2009- Replace Northport shelter and lights, replace Central scoreboards, replace Freeway picnic shelter; postpone Arboretum trail lights, Evergreen football light replacement, Willow Lane shelter ($200,000) 2010- Replace Orchard Lane shelter and lighting, replace Central and Northport picnic shelters; postpone Central bandshell and playground expansion, Garden City rink lighting, and adding a picnic shelter at Palmer Lake Park ($190,000) At this point, we have completed through 2008 of the plan, with the exception of replacing the irrigation system on 69th Avenue Parkway ($60,000). We have scaled back the buildings at West Palmer and Grandview, and have eliminated the additional picnic shelter at West Palmer. We have eliminated paving the running track at Evergreen. We have not completed replacing the shelter building at Willow Lane, replacing the football /soccer lighting at Evergreen, replacing the Arboretum trail lights and the rink lights at Garden City, and we have not been able to add a bandshell at Central or expand the playground. We have not been able to add a picnic shelter at Palmer Lake Park. Destination Park Plan D R A F T 8/31/00 The City Council has established as a goal for 2000 the development of a Destination Park Plan. This plan would be used in the development of the 2001 -2005 Capital Improvement Program. This Plan 1) reviews existing facilities in Destination Parks; 2) establishes recommended improvements to Destination Parks; 3) evaluates current fiscal capacity to implement such a plan; 4) reviews miscellaneous other improvements to parks; and 5) makes recommendations. Destination Parks: A Definition Destination or Community Parks are described in the Comprehensive Plan as: Relatively large parks serving as a recreational focus for a neighborhood of the City. Community Parks are noted for having a wide variety of leisure and recreational options, and are fully accessible to persons of all abilities. Lighted areas for evening play are provided. Daytime recreational programming and playground supervision are provided in the summer months. Heated, enclosed park shelter buildings provide for recreational spaces and warming houses. Service area: A neighborhood or quadrant of the City Desirable size: 25 acres or more Acres per 1, 000 pop: 5.0 Site characteristics: Easily accessible from all parts of the neighborhood or quadrant. Should be located on collector or arterial streets to provide adequate access for residents, and should be well - buffered from adjacent residential areas. The five Community Parks designated in the Comprehensive Plan include: Central/Garden City, Evergreen, Grandview, Kylawn/Arboretum, and West Palmer. These parks are intended to serve roughly the four quadrants of the City, to supplement the "flagship" destination park of Central Park, adjacent to the Community Center. It is important to note that a focus on Destination Parks does not mean that Neighborhood Parks would be neglected. Neighborhood Parks would continue to be routinely improved in the CIP, and would continue to include such facilities as playgrounds, basketball courts, and picnic areas. Some neighborhood parks also contain ballfields and tennis courts. Many neighborhood parks would continue to contain general skating rinks, although at most parks there would be no longer be a warming house. The intent of the Destination Park Plan is to focus costlier facilities in certain parks. September, 2000 Page 1 Destination Park Plan I. Review of Existing Destination Park Facilities The review of potential Destination Park improvements included a review of existing facilities to determine if any major types of facilities was "missing," or if there was a demand for a new type of facility, such a additional soccer fields. The following is a short summary of the types of improvements in each of the Destination Parks. CentrallGarden City Evergreen 2 lighted softball fields (C) 2 softball fields 1 lighted baseball field (C) 1 lighted baseball field 4 tennis courts (C) 1 football /soccer field Archery range (GC) Playground (joint with school) 2 playgrounds (C, GC) Warming house Warming house (GC) Paved hockey rink Picnic shelter and picnic area (C) General skating rink Hockey rink (GC) Basketball court General skating rink (GC) Basketball court (GC) West Palmer Trail loop Plaza area with pond and pergola (C) 2 softball fields Adjacent to Community Center 1 baseball field Basketball court Grandview Warmin g house General skating rink 2 lighted softball fields Playground 1 lighted baseball field On Palmer Lake Trail Warming house 2 tennis courts Hockey rink General skating rink KylawnlArboretum/Preserve Playground Part time football/soccer field 2 softball fields Sliding hill 2 tennis courts Basketball court Warming house 2 tennis courts Playground Hockey rink General skating rink Basketball court Arboretum Wetland walking paths (Preserve) September, 2000 Page 2 Destination Park Plan II. Recommended Destination Park Improvements As can be seen above, the Destination Parks currently include a wide range of facilities. The Park and Recreation Commission and the Park Maintenance and Recreation staffs have reviewed the planned improvements as well as discussed additional improvements, and have developed a Destination Park Plan. Each park has been given an identity or theme. Central /Garden City is the flagship park of the system, with substantial improvements which serve the entire community. Evergreen focuses on team sports; Kylawn/Arboretum builds on its nature areas of the Arboretum and the Preserve; West Palmer is seen as a prime family picnic and outings area; and Grandview's focus is on youth and winter recreation. The following is a park by park discussion of improvements in addition to those already included in the CIP which are recommended to be considered. Central/Garden City: 1) It is recommended that the City Council change the name of Garden City Park to Central Park. It is believed that the current naming system is confusing, and that many people think of the whole park area as Central Park. " < 2) A permanent bandshell with a concession stand should be constructed in Central An example of a permanent bandshell. Park, in the area where the showmobile is usually parked for Entertainment in the --- - -- - Park. This bandshell would be used for Entertainment in the Park, Earle Brown Days, special programming, and community events such as weddings and celebrations. ts - 3) The patio area of the Community Center is underutilized. Suggestions for use of The Community Center patio. this space include an outdoor water play area, or a playground (or both). The water play area could be a zero depth area of spray devices which does not require filtration and requires only a drain to sanitary sewer. This water play area _ would be open in summer, and would provide a seasonal attraction for younger swimmers. Ideas for the remainder of the An example of a water play area September, 2000 Page 3 Destination Park Plan i patio are: a parents' lounge, a sunning area, or (separate from the water play area) a small playground. The playground would be used by preschool and by special events users such as birthday parties. 4) The playground at Central gets a surprising amount of use and should be expanded. It is possible that the south parking lot could be reconfigured when it is reconstructed to remove one row of spaces and provide more room for playground expansion. 5) The Community Center and the Plaza are "disconnected" by the ring road. It is recommended that the Council look at #, options better connect the building to the park. One option is to regrade and repave the area between the west doors and the park, creating a more visible link than is currently the case with the grade differences. Another, long -term option is to relocate the ring road to the front of the Civic Center and eliminating the back ring road. This would allow the Community enter to flow naturally into Y Y the Plaza and the Park. The drainage ; == g ditch in the front of the Civic Center ( "the The ring road "disconnects" the Community Center from moat ") could be culverted under a ring Central Park and the Plaza. road, and retaining walls added to contain the slope. Evergreen: 1) It is recommended that instead of replacing the ballfield lights at Grandview as scheduled in 2003, the ballfields at Evergreen be lighted. This would consolidate the "team sports" at Evergreen and allow the facilities at Grandview to be a rearranged to provide more facilities for youth. 2) Recommended maintenance improvements include irrigating the softball fields and adding as well as paving a g p g _. running track. September, 2000 Page 4 Destination Park Plan Kylawn /Arboretum: 1) A long -term planting plan for the Arboretum has been established through the help of an ecologist. This plan includes both native �t . "Z wetland plants to be added to the shores of a the ponds as well as upland plants and flower beds in the other areas of the park. A planting plan has been established to stabilize the eroding slopes on the west side of the park. A gardening club continues to work on the flower beds, and volunteer groups from Daytons/Mervyns have in the past provided labor. Much of this work is being completed by volunteer labor, including several Eagle Scout projects. The Arboretum in full Fall color. 2) Boardwalk improvements have recently been completed in the Preserve. Crystal provides most of the chipped walkway maintenance. On going monitoring is necessary to determine if future improvements should be made. 3) No other improvements aside from already- A scheduled replacement of the shelter and lights are proposed. g p p hXY ,�s West Palmer The new boardwalk in The Preserve. 1) It is recommended that two new buildings be constructed in the area of the existing shelter building and the basketball court. One building should be a large open picnic shelter, while the other should be a substantial four season "lodge type" building suitable for indoor gatherings, as well as having a picnic overhang. The enclosed building could be used by reservation for family gatherings; special recreational programming such as nature programs; or for small meetings. These buildings would be suitable for large picnics and other gatherings. 2) Add storage buildings near ballfields 3 ) Relocate the basketball court and expand the playground September, 2000 Page 5 Destination Park Plan Grandview: 1) When the softball fields at Evergreen are lighted, then the softball lights at Grandview can be removed. Staff also suggests that the softball fields be removed and replaced with a lighted i4� soccer/football field. It is also suggested that amphitheater" type seating be constructed by regrading the side of the sliding hill facing the softball field. The potential soccer field area. Existing 2) It is recommended that the playground be baseball field is in the background. substantially expanded in size to provide a "destination" playground. The shelter building which would replace the existing building as part of regularly scheduled improvements should be suitable for providing youth programming. 3) Relocate and pave the hockey rink. "Smooth" out the grade of the sliding hill to provide a safer hill. 4) The Park and Recreation Commission suggests investigating the possibility of adding aggressive "Amphitheater" Style seating can be skating facilities to one of the parks, and staff constructed by regrading the side of the hill. recommends this park. However, before going re forward, staff recommends that the experience other cities have had with these types of facilities X* be studied, as the experience has been mixed. 111. Evaluation of Estimated Costs and Fiscal Capacity Parts of the hill should be regr d to ade Each year approximately $225,000 is budgeted from the provide a "smoother," safer sliding hill. Capital Improvements Fund to make park capital improvements. In support of this, about $125,000 has been transferred annually from the General Fund and $75,000 from the Liquor Fund to the Capital Improvements Fund specifically for park improvements. The General Fund transfer is made late in the year when the General Fund budget surplus can be more accurately estimated. To more accurately estimate the potential future costs of all park improvements, park maintenance and engineering staff have developed a detailed inventory of the facilities in the parks, and estimated their useful life and cost to replace. Added to the inventory was the proposed Destination Park improvements and their estimated cost. This inventory was used to developa 20 year CIP with the estimated costs of the proposed Destination and other park September, 2000 Page 6 Destination Park Plan improvements as scheduled. It is attached as Exhibit A. The cost of the improvements over 20 years is about $7 million. These improvements have been divided into three categories: As Needed, As Scheduled, and With Projects. The As Needed improvements are those that are evaluated every year and usually pushed back, and are more likely to be accomplished through the operating budget, or through the capital line items in the operating budget. Some of those are large enough that at some point they would have to be added to the Schedule. The As Scheduled are those improvements which are proposed to be included in the CIP as part of the annual park improvement projects. The With Projects category are improvements that would be rolled into other projects, such as park parking lots being rolled into a street improvement project, or a pedestrian bridge abutment repair into a trail improvement project. Attached as Exhibit B are spreadsheets evaluating the City's fiscal capacity for these improvements. Option 1 assumes that the City's contribution from the General Fund and liquor remains unchanged. Option 2 assumes it increases by $50,000 per year, and Option 3 by $100,000 per year. Option 1 shows that we would be unable to go forward with the Destination Park Plan as is at the current level of funding. Even if the plan were scaled back or extended in length, the total long- term need exceeds the funding available. Park improvements quickly bankrupt the Capital Improvements Fund. Option 2 assumes a modest increase of $50,000 per year. While this is very nearly sufficient, the Plan would have to be scaled back so that the Capital Improvements Fund balance would not go to zero. Even at that, we would lose any flexibility in the CIF, such as taking on new improvements not included here, or if estimates for future needs are too low. Option 3 assumes a larger increase to $100,000. This allows the Plan to go forward without scaling back, and does retain flexibility. More importantly, when improvements in the second half of the plan are lighter, the Capital Improvements Fund regains fund balance. While the Parks CIP extends beyond 2020, projections for other improvements such as building improvements beyond that time become very difficult to estimate. For example, at about that time some of the major systems at the new Police and Fire buildings, such as roofs, generators, and HVAC, will be due for replacement. Long -term costs for improvements at the Central Garage are also difficult to estimate, as at that time the building will be 50 years old. To implement Option 2 or Option 3, additional sources of funds are must be found. For example, it may be possible to transfer additional funds each year from the Liquor Fund. An analysis of how much might be available cannot be done until more history of the Cub Foods site is available. Another source of funds is revenue being generated from rental of the water towers for telecommunications antennas. Four sites are being rented, with revenues which could total about $65,000 in 2001. Some portion of that could be transferred to the CIF for parks. However, it should be noted that telecommunications technology is changing very rapidly, and that revenue September, 2000 Page 7 Destination Park Plan should not be counted on for the entire twenty year program. Additional funds might be available from the Golf Course Fund when the Golf Course has a good year. The Golf Course Financial Plan states that once the Golf Course reaches and maintains its cash balance target, any excess revenues should be dedicated to park improvements. Again, it is difficult to predict from year to year how much might be available, and it should not be looked upon as a guaranteed source of funding. It is possible that these sources might be able to contribute in total an additional $50, 000 per year, which is Option 2. An additional $50, 000 per year would be required to fully implement the Destination Park Plan. IV. Miscellaneous Improvements to Other Parks 1) Twin Lake Park and boat accesses: staff recommends closing the Lakebreeze boat access but keeping the Upper boat access. Twin Lake improvements are scheduled for 2002. Recommended improvements include: constructing, using a DNR grant, a fishing pier; constructing a slightly larger parking lot; removing the ballfield and shelter building; constructing a small picnic shelter; replacing the playground with a small tot playground similar to Wangstad Park; and removing the beach. 2) Storage: many of the warming house type park shelters are also used to store recreation and maintenance items. As some of these are demolished to make way for open picnic shelters, that storage is lost, leading to a need to find new storage spaces. Staff reviewed a number of options for storing these materials, including: a) Storing items in City Hall, either in the former police station or in space vacated in upper City Hall when some offices move to lower City Hall; b) The long -term CIP includes an additional cold storage building at the Central Garage. That construction could be accelerated, and park maintenance items and some recreation items such as softballs, nets, etc stored in that building, and the balance of recreation items such as special event decorations and summer program materials stored in a smaller dedicated space at City Hall; or c) Accelerating the construction of the additional cold storage building, and storing all park maintenance and recreation items there. Staff prefers b above, mainly because it reduces the amount of fetching and hauling of items from parks to the Community Center that park maintenance provides for recreation. Park Maintenance suggests that the existing salt storage building be converted to a cold gg g g g storage building through installation of a storage mezzanine, and that a simple shelter be constructed in the existing materials storage yard to store salt. The displaced materials would be relocated to the Camden wellhead site. September, 2000 Page 8 Destination Park Plan V. Recommendations While this report has so far focused exclusively on park improvements, it should be noted that recreational programming improvements complement the facility improvements, and should be considered as well. Little detail has been developed on the recreation recommendations as actual programming improvements would depend upon the direction the Destination Park Plan takes and the funding which is available. Several of the recreation improvements will likely have an operating budget cost which is not included or estimated in this report. The following recommendations of the Park and Recreation Commission and staff address both park and recreation improvements: 1) It is recommended that the City Council proceed with the Destination Park Plan as outlined in this report, implementing the proposed schedule by increasing annual funds available for capital improvements. If $50,000 additional is available, then direct staff to scale back the Plan accordingly. The Park and Recreation commission recommends that the full plan go forward if an additional $100,000 is available for investment. 2) As park improvements continue to be made, additional effort must be dedicated to maintaining those investments. The Park and Recreation Commission recommends that an additional park maintenance position be considered in the 2001 budget. 3) Few facilities are identified in the Destination Park Plan specifically for teens. As facilities are constructed and programming is developed, it may be necessary to add a program supervisor to focus exclusively on teen programming utilizing existing or planned facilities as well as school district and other facilities (see below). 4) It is recommended that the City partner with at least one school district to provide supervised afternoon and evening programming specifically for teens, such as open gym, computer lab, arts, and "hang out" space. 5) Several park name changes are recommended. It is recommended that Garden City Park be renamed Central Park, and that Brooklane Park be renamed Garden City Park. It is also recommended that Grandview Park be renamed Cohen Park. 6) It is recommended that additional funds be considered to provide additional hours of park supervision by park leaders. Also, as improvements are made in Destination Parks, additional recreation programming should follow to complement those improvements. This will likely have an operating budget impact, especially if that programming is low or no cost aimed at children and teens versus adult sports which pay their own way. 7) Vandalism has been a growing problem at our Parks. It is recommended that additional police time be dedicated to patrolling Parks and participating in park programming to help curb the destructiveness of the vandalism. September, 2000 Page 9 Destination Park Plan Park CIP By Scheduled Replacement Year Park Name Facility Replacement Cost 2000 AsNeeded -------------------------------------------------------------------------------------------------------------------------- 53rd Avenue Green Signage $1,500 Arboretum Landscaping $5,000 Central Landscaping $2,500 East Palmer Lake Fountain $1,800 Firehouse Fountain $1,800 Firehouse Signage 2 $3,000 Freeway Fountain $1,800 Garden City Hockey rink Pavement $7,500 Happy Hollow Backstops 1 youth softball $2,000 Happy Hollow Fountain $1,800 Twin Lake Signage $1,500 Willow Lane Restroom enclosure $5,000 -------------------------------------------------------------------- - - - - -- As Needed Subtotal $35,200 -------- - - - - -- Friday, September 01, 2000 Page I of 21 Park Name Facility Replacement Cost AsScheduled -------------------------------------------------------------------------------------------------------------------------- Arboretum Other Misc improvemetns $5,000 Central Lighting Trail $30,000 Central Other Kiosk $4,000 Central Other Tables & benches $5,000 East Palmer Lake Lighting Lot/trail $15,000 East Palmer Lake Picnic shelter Replace shelter $30,000 Firehouse Lighting Parking lot & trail $15,000 Firehouse Picnic shelter Replace shelter $25,000 Freeway Lighting Lot/trail $10,000 Garden City Other NEW Soccer goals $2,500 Happy Hollow Lighting Parking lot $7,500 Happy Hollow Picnic shelter Replace shelter $20,000 Lions Lighting Lot/trail $15,000 Northport Other NEW Soccer goals $5,000 West Palmer Lake Tennis Court $35,000 Willow Lane Lighting Lot $3,000 -------------------------------------------------------------- - - - - -- - - - -- As Scheduled Subtotal $227,000 -------- - - - - -- WithProjects -------------------------------------- --------- ------ ----- -- - - - - -- ------------------------------------------------------- Garden City Parking Lot 1 $10,000 --------------------------------------------- --- -- --- --- -------- ---- - - - - -- With Projects Subtotal $10,000 = ------------- 2000Subtotal $272,200 Friday, September 01, 2000 Page 2 of 21 Park Name Facility Replacement Cost 2001 As Needed Central Signage $5,000 East Palmer Lake Storage Bldg NEW $7,500 Garden City Signage $1,500 Lakeside Signage $1,500 Marlin Signage $1,500 ----••------------------- •------ --- ------ -- -••--- - - - - - -- As Needed Subtotal $17,000 As Scheduled Evergreen Field Lighting NEW 2 SB, 1 BB $200,000 Garden City Lighting Trail $50,000 Grandview Field Lighting NEW Soccer $52,500 Grandview Irrigation NEW Soccer $15,000 Grandview Sod NEW Soccer $7,500 ----------- -----------•-••--•---- -•••..... As Scheduled Subtotal $325,000 2001 Subtotal $342,000 Friday, September 01, 2000 Page 3 of 21 Park Name Facility Replacement Cost 2002 AsNeeded -------------------------------------------------------------------------------------------------------------------------- Grandview Basketball $7,500 Grandview Signage $5,000 Twin Lake Fountain $2,000 -------------------------------------------------------------------- - - - - -- As Needed Subtotal $14,500 -------- - - - - -- AsScheduled -------------------------------------------------------------------------------------------------------------------------- Grandview Field Lighting 1 baseball $100,000 Grandview Other Move /pave /boards $15,000 Grandview Playground EXPANSION $50,000 _ Lions Tennis Court $38,245 Twin Lake Lighting Lot/trail $10,000 Twin Lake Other remove beach, etc $10,000 Twin Lake Picnic shelter Replace shelter $25,000 Twin Lake Playground $25,000 -------------------------------------------------------------------- - - - - -- As Scheduled Subtotal $273,245 -------------- WithProjects -------------------------------------------------------------------------------------------------------------------------- Twin Lake Parking Lot 1 $25,000 -------------------------------------------- --- ---- ---- ------------ ----- -- With Projects Subtotal $25,000 -- --- --- - - - --- ' 2002 Subtotal $312,745 Friday, September 01, 2000 Page 4 of 21 Park Name Facility Replacement Cost 2003 AsNeeded ------------------------------------------------------------------ •------------------- - -- - -- --- - - -- -- Central Restroom enclosure $5,628 Evergreen Restroom enclosure $5,628 Evergreen Trash enclosure $5,628 Grandview Fountain $2,000 Grandview Trash enclosure $5,628 Kylawn Restroom enclosure $5,628 Kylawn Trash enclosure $5,628 Lions Trash enclosure $5,628 Northport Trash enclosure $5,628 Palmer Lake Restroom enclosure $5,628 Twin Lake Trash enclosure $5,628 West Palmer Lake Restroom enclosure $5,628 West Palmer Lake Trash enclosure $5,628 Willow Lane Trash enclosure $5,628 ----------•--------------------------------- -- -- --- ---- ---------- --- - - - - -- As Needed Subtotal $75,158 - ------- - - - --- AsScheduled ---•------------------------------------------------------------------------------------•--------------------------------- Central Tennis Court $90,000 Grandview Shelter EXPANSION $200,000 Grandview Tennis Court $35,000 ---------•-•---------------------------------- ---- ----- ----- --- --- -- - - - - -- As Scheduled Subtotal $325,000 -------- - - - - -- 2003 Subtotal $400,158 Friday, September 01, 2000 Page 5 of 21 Park Name Facility Replacement Cost 2004 AsNeeded ----•--------------------------------------------------------------------------------------------------------------------- Bellvue Restroom enclosure $5,796 East Palmer Lake Trash enclosure $5,796 Evergreen Fencing Football /soccer $17,389 West Palmer Lake Basketball $8,000 West Palmer Lake Fountain $1,800 West Palmer Lake Signage $5,000 West Palmer Lake Storage Bldg NEW $7,500 -------------------------------------------------------------------- - - - - -- As Needed Subtotal $51,282 As Scheduled Evergreen Other Scoreboards $11,593 West Palmer Lake Lighting Lot/trail $15,000 West Palmer Lake Shelter EXPANSION $300,000 ---------------------------------•---------------------------------- - - - - -- As Scheduled Subtotal $326,593 2004Subtotal $377,875 Friday, September 01, 2000 Page 6 of 21 Park Name Facility Replacement Cost 2005 AsNeeded -------------------------------------------------------------------------------------------------------------------------- Central Backstops 1 Baseball $7,761 Garden City Hockey rink Boards $11,463 Kylawn Hockey rink Boards $11,463 Riverdale Fountain $2,000 -------------------------------------------------------- - - - - -- As Needed Subtotal $32,687 ----- - - - - -- -------- - - - - -- AsScheduled -------------------------------------------------------------------------------------------------------------------------- Central Field Lighting 2 SB, 1 BB $238,810 Central Other Plaza concrete $0 _ Evergreen Other NEW Running track $20,000 Riverdale Lighting Trail /rink $5,000 Riverdale Picnic shelter Replace shelter $30,000 -------------------------------------------------------------------- - - - - -- As Scheduled Subtotal $293,810 -------- - - - - -- WithProjects -------------------------------------------------------------------------------------------------------------------------- Shingle Creek Trail Ped bridge abutments 69th Ave $35,822 Shingle Creek Trail Ped bridge abutments Central middle $35,822 Shingle Creek Trail Ped bridge abutments Central north $35,822 Shingle Creek Trail Ped bridge abutments Central parking lot $35,822 Shingle Creek Trail Ped bridge abutments -, Central south a $35,822 Shingle Creek Trail Ped bridge abutments CR 10 $35,822 ----------------------------------------------- ---- --- ----- ---- ----- -- ---- With Projects Subtotal $214,929 --- -- --- - - - - -- 2005Subtotal $541,427 Friday, September 01, 2000 Page 7 of 21 Park Name Facility Replacement Cost 2006 As Needed -------------------------------------- Kylawn Fountain $2,000 Kylawn Hockey rink Pavement $8,000 Kylawn Signage $5,000 Willow Lane Fountain $2,000 -------------------------------------------------------------------- - - - - -- As Needed Subtotal $17,000 -------- - - - - -- AsScheduled -------------------------------------------------------------------------------------------------------------------------- Brooklane Shelter $90,000 Central Other Boardwalk $0 Kylawn Lighting Lot/trail $15,000 Kylawn Shelter $175,000 -------------------------------------------- -------- ------ -- -------- - - ---- As Scheduled Subtotal $280,000 ------- - --- --- 2006Subtotal $297,000 Friday, September 01, 2000 Page 8 of 21 Park Name Facility Replacement Cost 2007 AsNeeded -----------------•-------------------------------•------------------------------------------------------------------------ Brooklane Restroom enclosure $6,334 Central Trash enclosure $12,668 East Palmer Lake Restroom enclosure $6,334 Evergreen Fencing 2 SB, 1 BB outfield $19,002 Evergreen Restroom enclosure soccer $6,334 Firehouse Restroom enclosure $6,334 Freeway Restroom enclosure $6,334 Garden City Restroom enclosure $6,334 Grandview Restroom enclosure $6,334 Happy Hollow Restroom enclosure $6,334 Lions Restroom enclosure $6,334 Northport Fountain $2,000 Northport Restroom enclosure 2 $12,668 Orchard Lane Fountain $2,000 Orchard Lane Restroom enclosure $6,334 Riverdale Restroom enclosure $6,334 Twin Lake Restroom enclosure $6,334 --------------------------•--...-------------------------------- •--- - - - - -- As Needed Subtotal $124,343 - • - - - -- AsScheduled -------------------------------------------------------------------------------------------------------------------------- Central Other Scoreboards $12,668 Northport Lighting Lot/trail $30,000 Northport Shelter $125,000 Orchard Lane Lighting Trail /rink $10,000 Orchard Lane Shelter $125,000 ------••-----•----------------------------------------------------- • - - -... As Scheduled Subtotal $302,668 WithProjects --------------------•---------•--•---------------------------------------------------------------------------•------------ Shingle Creek Trail Ped bridge abutments GC south $38,003 ------------------------------------------------ ----- ------- --- -- --- - - - - -- With Projects Subtotal $38,003 ---- -- -- - - - - -- 2O07Subtotal $465,014 Friday, September 01, 2000 Page 9 of 21 Park Name Facility Replacement Cost 2008 As Needed Lions Fencing 2 LL Outfield $13,048 Northport Fencing 2 SB outfield $13,048 ---------------------------•--•------------------------------------ • - - - - -- As Needed Subtotal $26,095 AsScheduled ----------------------------------------------------------------------------------------------------•--------------------- 69th Avenue Parkw Irrigation $58,715 Central Picnic shelter $45,667 Freeway Picnic shelter $30,000 Garden City Shelter $125,000 - _ Northport Picnic Shelter $10,438 ------------------------------------------- --- -- --- --------- -------- - - - - -- As Scheduled Subtotal $269,820 ---- ---- - - - - -- 2008Subtotal $295,916 2009 AsNeeded --------------------------------•----•------------------------------------------------------------------------------------ Firehouse Ballfield $4,043 Willow Lane Basketball $20,159 -------------------------------------------------------------------- - - - - -- As Needed Subtotal $24,201 -------- - - - - -- AsScheduled -------------------------------------------------------------------------------------------------------------------------- Arboretum Lighting Trail $8,063 Evergreen Field Lighting Football /soccer $94,074 Willow Lane Shelter $90,000 --------------------------------------------- •---------------------- - - - - -- As Scheduled Subtotal $192,138 -------- - - - - -- 20O9Subtotal $216,339 2010 AsScheduled -------------------------------------------------------------------------------------------------------------------------- Central Other Pergola $0 Central Playground EXPANSION $30,000 Central Shelter NEW bandshell $150,000 Garden City Lighting Rink $27,685 Palmer Lake Picnic shelter NEW $25,000 ---------------------------••-------------- -•- ••••- •••••--- •- --........... As Scheduled Subtotal $232,685 -------- -- - - -- 2010Subtotal $232,685 Friday, September 01, 2000 Page 10 of 21 Park Name Facility Replacement Cost 2012 As Needed Palmer Lake Fountain $2,937 ---- • --------------------------------------------------------------- - - - - -- As Needed Subtotal $2,937 As Scheduled Evergreen Playground With school $22,028 Lions Bleachers 3/3 row (Little League) $6,608 -------------------------------------------------------------------- - - - - -- As Scheduled Subtotal $28,636 -------- - - - - -- 2012Subtotal $31,573 2013 As Needed Belivue Basketball $7,563 Evergreen Fountain $3,025 Evergreen Hockey rink Pavement $11,344 Lions Backstops 2 Little League $30,252 ------------------------------ - ------------------------------------- - - - - -- As Needed Subtotal $52,184 -------- - - - - -- As Scheduled Central Playground $22,689 Freeway Playground _ $45,378 Lions Shelter Concession stand $151,259 Northport Playground Includes containment $75,629 --------------------------------------------------- •---------------- - - - - -- As Scheduled Subtotal $294,955 -------- - - - - -- WithProjects -------------------------------------------------------------------------------------------------------------------------- Palmer Lake Parking Lot 1 $40,840 ---------------------------------------- - - - - -- --------------------- - - - - -- lath Projects Subtotal $40,840 -------- - - - - -- 2013 Subtotal $387,979 Friday, September 01, 2000 Page 11 of 21 Park Name Facility Replacement Cost 2014 AsNeeded -------------------------------------------------------------------------------------------------------------------------- Central Fountain $2,659 Firehouse Basketball $10,127 Lions Fountain $2,496 Northport Hockey rink Pavement $11,685 Shingle Creek Trail Ped bridge deck CR 10 $7,790 Willow Lane Hockey rink Pavement $11,685 --------------------------------------------------- - ---------------- - - - - -- As Needed Subtotal $46,441 -------- - - - - -- AsScheduled -------------------------------------------------------------------------------------------------------------------------- 53rd Avenue Green Irrigation $34,275 Central Irrigation 2 SB, 1 BB $53,621 Central Irrigation Extras $642 Firehouse Playground $38,949 Lions Playground $62,319 Orchard Lane Playground $62,319 Willow Lane Playground With Willow Lane Schoo $85,688 ------------------------------------------- --- -- ----- -------- ------ - -- -- -- As Scheduled Subtotal $337,813 -------- - - - - -- 2014Subtotal $384,254 2015 ' AsNeeded -------------------------------------------------------------------------------------------------------------------------- Cahlander Signage $16,047 -------------------------------------------------------------------- - - - - -- As NeededSubtotad $16,047 WithProjects -------------------------------------------------------------------------------------------------------------------------- Orchard Lane Parking Lot 1 $8,024 ------------------------------------------------ -- ------- ----------- -- - - -- nth Projects Subtotal $8,024 ---- ---- - - - - -- 2015Subtotal $24,071 Friday, September 01, 2000 Page 12 of 21 i Park Name Facility Replacement Cost 2016 As Scheduled Brooklane Playground With Garden City School $33,057 Garden City Playground $57,850 Grandview Playground $82,642 Kylawn Lighting Rink $33,057 Kylawn Playground $41,321 Marlin Playground $41,321 Northport Tennis Court $57,850 Riverdale Playground $57,850 West Palmer Lake Playground $66,114 ----------•--------------------------------------------------------- - - - - -- As Scheduled Subtotal $471,062 -------- - - - - -- 2016Subtotal $471,062 2018 As Needed ------------------------------------------------------------------------------------------------------ -------------------- Evergreen Storage Bldg $13,151 Palmer Lake Signage $2,630 ------------------------------------------------ ----- ------- -------- - --- -- As Needed Subtotal $15,782 ----- --- - - - --- As Scheduled Bellvue Lighting Trail /rink $26,303 Bellvue Playground $52,605 East Palmer Lake Playground $52,605 Evergreen Lighting Lot/trail $26,303 Evergreen Lighting Rink $35,070 Garden City Field Lighting Hockey $35,070 Happy Hollow Playground $43,838 Northport Field Lighting Hockey $35,070 ------- °-------- ---------- - °-- As Scheduled Subtotal $306,864 2018Subtotal $322,645 Friday, September 01, 2000 Page 13 of 21 Park Name Facility Replacement Cost 2019 As Needed Bellvue Signage 2 $5,418 East Palmer Lake Fencing 2 SB outfield $11,400 Firehouse Fencing 2 SB outfield $13,546 -------------------------------------------------------------------- - - - - -- As Needed Subtotal $30,364 -------- - - - - -- AsScheduled -------------------------------------------------------------------------------------------------------------------------- Bellvue Other Swing $1,611 Central Other Boardwalk $9,063 Central Other Engineering $5,924 _ Central Other Misc $300 Central Other Pond $37,394 Northport Lighting Rink $36,122 Other Playground Swings $6,755 Wangstad Playground $40,466 Wangstad Playground Fibar $4,768 Willow Lane Lighting Rink $28,246 Willow Lane Playground Tot $7,091 --------------------------------------------------- ---- ------- ------ --- - -- As Scheduled Subtotal $177,739 -- -------- - - -- With Projects West Palmer Lake Parking Lot 1 $63,214 --------------------------------------------- -- ------ ------ --------- - --- -- With Projects Subtotal $63,214 --- --- -- - - - - -- 2O19Subtotal $271,318 2022 WithProjects -------------------------------------------------------------------------------------------------------------------------- Shingle Creek Trail Ped bridge abutments GC middle $39,472 Shingle Creek Trail Ped bridge abutments GC north $39,472 -------------------------------------------------------------------- - - - - -- With Projects Subtotal $78,943 -------- - - - - -- 2022Subtotal $78,943 Friday, September 01, 2000 Page 14 of 21 Park Name Facility Replacement Cost 2023 AsScheduled -------------------------------------------------------------------------------------------------------------------------- Belivue Picnic shelter Replace shelter $40,656 Evergreen Bleachers 7/5 row (softball) $49,803 Evergreen Shelter $203,279 ------------------------------ - ------------------------------------- - - - - -- As Scheduled Subtotal $293,739 -------- - - - - -- 2023Subtotal $293,739 2024 AsNeeded -------------------------------------------------------------------------------------------------------------------------- Central Backstops 2 softball $23,764 East Palmer Lake Backstops 2 softball $8,375 Firehouse Backstops 2 softball $23,032 -------------------------------------------------------------------- - - - - -- As Needed Subtotal $55,171 -------- - - - - -- AsScheduled -------------------------------------------------------------------------------------------------------------------------- Central Bleachers 6/10 row $125,627 Central Picnic shelter Ballfield $111,915 Central Sod $38,471 East Palmer Lake Bleachers 2/3 row $6,281 Evergreen Bleachers 4/10 row (soccer) $67,001 Firehouse Bleachers 2/5 row $14,656 Grandview Bleachers 2/5 row $14,656 Kylawn Bleachers 213 row $6,281 Lions Picnic shelter Replace shelter $66,639 Northport Bleachers 2/3 row $6,281 West Palmer Lake Bleachers 4/3 row, 1/5 row $19,891 Willow Lane Bleachers 2/3 row $6,281 --------------------------------------------- -- -- -- -- -- ---- ----- ---- - - - - -- As Scheduled Subtotal $483,981 --- ----- - --- -- 2024Subtotal $539,152 Friday, September Ol, 2000 Page 15 of 21 Park Name Facility Replacement Cost 2032 As Scheduled Shingle Creek Trail Ped bridge structure 69th Ave $66,308 Shingle Creek Trail Ped bridge structure Central middle $66,308 Shingle Creek Trail Ped bridge structure Central north $53,047 Shingle Creek Trail Ped bridge structure Central south $66,308 Shingle Creek Trail Ped bridge structure CR 10 $53,047 Shingle Creek Trail Ped bridge structure GC middle $53,047 Shingle Creek Trail Ped bridge structure GC north $53,047 Shingle Creek Trail Ped bridge structure GC south $53,047 -------------------------------------------------------------------- - - - - -- As Scheduled Subtotal $464,159 -------- - - - - -- 2032 Subtotal $464,159 2035 AsScheduled ----------------------------------------------------------------•---------•-----------------------•----------------------- Central Ped bridge structure Pond bridge $43,474 ------------------------------------------- - ------------------------ - - - - -- As Scheduled Subtotal $43,474 -------- - - - - -- 2035Subtotal $43,474 Plan Subtotal $7,065,727 1983 AsNeeded ----•--------------------------------------------------------------------------------------------------------------------- Evergreen Hockey rink Boards $10,560 Northport Hockey rink Boards $10,560 ---------------------------------- - - - - -- --------------------------- - - - - -• As Needed Subtotal $21,120 -------- - - - - -- 1983 Subtotal $21,120 1984 As Needed -------------------------- Bellvue Fencing Perimeter $25,850 ---------------------•-•-------•------------------------------------ - - - - -- As Needed Subtotal $25,850 -------- - - - - -- 1984Subtotal $25,850 Friday, September 01, 2000 Page 16 of 21 Park Name Facility Replacement Cost 1985 AsNeeded ----------------------------------•-•----------•---------------------------------------------------------•---------------- Wangstad Basketball $7,150 -------------------•----------•--------------------------------- •--- - - - - -- As Needed Subtotal $7,150 -------- - - - - -- 1985Subtotal $7,150 1986 AsNeeded -----------------------------------------------------------------------•-------------------------------------------------- Northport Basketball $7,150 - -----------------------------•-•----------------------------------- - - - - -- As Needed Subtotal $7,150 1986Subtotal $7,150 1987 AsNeeded -----------•---•--------------------------------------------------------------------------------------------•------------- Grandview Backstops 1 baseball $7,150 Willow Lane Backstops 2 softball $4,400 ---------------------------------------------- •-- ------- ----- ---- --- - - - - -- As Needed Subtotal $11,550 -------- - - - - -- 1987Subtotal $11,550 1989 As Needed -------------------------------------------------------------------------------------------------------- ----------------- Bellvue Backstops 1 youth softball' $7,150 Riverdale Fencing Perimeter $5,500 - - - - -• As Needed Subtotal $12,650 -------- - - - - -- 1989Subtotal $12,650 1990 As Needed - Kylawn Basketball $7,150 Lions Basketball $7,150 Willow Lane Hockey rink Boards $10,560 ------------------------------•------------------------------------- - - - - -- As Needed Subtotal $24,860 -------- - - - - -- 1990Subtotal $24,860 Friday, September 01, 2000 Page 17 of 21 Park Name Facility Replacement Cost 1991 As Needed ---- - - - - -- Willow Lane Fencing Perimeter $5,500 ----------•--------------------------------------------------------- - - - - -• As Needed Subtotal $5,500 -------- - - - - -- 1991 Subtotal $5,500 1992 AsNeeded -------------------------------------------------•--------------------------------------•---•----------------------------- Evergreen Backstops 2 softball, 1 baseball $11,550 Garden City Basketball $7,150 Kylawn Backstops 2 softball $4,400 Northport Backstops 2 softball $4,400 Orchard Lane Backstops 1 youth softball $2,200 West Palmer Lake Fencing 2 SB, 1 BB outfield $11,550 --------------------------------- - - - - -- ---------------------------- - - - - -- As Needed Subtotal $41,250 -------- - - - - -- 1992Subtotal $41,250 1995 AsNeeded -------------------------------------------------------------------------------------------------------------------------- East Palmer Lake Basketball $7,150 Freeway Basketball $7,150 Happy Hollow Basketball $7,150 Riverdale Basketball $7,150 Twin Lake Basketball $7,150 -------------------------------------------------------------------- - - - - -- As Needed Subtotal $35,750 -------------- 1995Subtotal $35,750 1996 AsNeeded . -----------------------------------------------------------•----------------------------------•--------------------------- Orchard Lane Basketball $7,150 ------------•------------------------------------------------------- - - - - -- As Needed Subtotal $7,150 1996Subtotal $7,150 Friday, September 01, 2000 Page 18 of 21 Park Name Facility Replacement Cost 1997 AsNeeded ----------------------------------------------------------------------------------------•--------------------------------- Arboretum Fencing Perimeter $22,000 Bellvue Fountain $2,200 Brooklane Fountain $2,200 Garden City Fountain $2,200 Riverdale Backstops 1 youth softball $2,200 Shingle Creek Trail Ped bridge deck 69th Ave $5,500 Shingle Creek Trail Ped bridge deck Central middle $5,500 Shingle Creek Trail Ped bridge deck Central north $5,500 Shingle Creek Trail Ped bridge deck Central parking lot $5,500 Shingle Creek Trail Ped bridge deck Central south $5,500 Shingle Creek Trail Ped bridge deck GC middle $5,500 Shingle Creek Trail Ped bridge deck GC north $5,500 Shingle Creek Trail Ped bridge deck GC south $5,500 West Palmer Lake Backstops 2 softball 1 baseball $11,550 ----------------------------------------------------------------- •-- - - - - -- As Needed Subtotal $86,350 -------- - - - - -- 1997Subtotal $86,350 1998 AsNeeded --------------------------------------------- -------------------- ' Freeway Backstops 1 youth softball $4,400 -----------------------------•---•---•------------------------------ - - - - -- As Needed Subtotal $4,400 -------------- 1998Subtotal $4,400 1999 AsScheduled -----------•--------------------•-••-----•-------------------------------------------------------------------------------- Evergreen Irrigation Soccer $16,500 -------------------------------------------------------------------- - - - - -- As Scheduled Subtotal $16,500 -------- - - - - -- 1999Subtotal $16,500 Friday, September 01, 2000 Page 19 of 21 I Park Name Facility Replacement Cost 2000 AsNeeded -------------------------------------------------------------------------------------------------------------------------- Arboretum Signage $1,650 Brooklane Signage $1,650 Central Fencing 1 BB outfield $5,500 Central Storage Bldg 2 $16,500 East Palmer Lake Signage $1,650 Evergreen Basketball $7,150 Evergreen Signage 2-1980,1-1999 $4,950 Freeway Signage $1,650 Happy Hollow Signage $1,650 Lions Signage $1,650 Northport Signage 3 $4,950 Orchard Lane Signage $1,650 Riverdale Signage $1,650 Shingle Creek Trail Signage $1,650 Wangstad Signage $1,650 Willow Lane Signage $1,650 -------------------------------------------------------------------- - - - - -- As Needed Subtotal $57,200 -------- - - - - -- AsScheduled ------------------------------------------------------------------------------------------------------------------------- Evergreen Tennis Court $38,500 Kylawn Tennis Court $38,500 ---------------------------------- = --------------------------------- - - - - -- As Scheduled Subtotal $77,000 -------- - - - - -- Friday, September 01, 2000 Page 20 of 21 Park Name Facility Replacement Cost WithProjects ------------------------------------------------------------------------------------------- --- -------- ---- --------- - - - - - -- f Arboretum Parking Lot 1 $27,500 East Palmer Lake Parking Lot 1 $29,700 Evergreen Parking Lot 3 $95,150 Firehouse Parking Lot 2 $26,400 Freeway Parking Lot 2 $22,000 Grandview Parking Lot 3 $81,400 Happy Hollow Parking Lot 1 $16,500 Kylawn Parking Lot 1 $16,500 Lions Parking Lot 1 $55,000 Northport Parking Lot 3 $66,000 Willow Lane Parking Lot 1 $27,500 ------------------------------------------- ------------- ---- ------ -- - - - --- With Projects Subtotal $463,650 -------- - - - - -- 2000Subtotal $597,850 Plan Subtotal $905,080 Grand Total $7,970,807 Friday, September 01, 2000 Page 21 of 21 Option 1: Continue at about same level 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 CAPITAL IMPROVEMENTS FUND ` Starting Balance (Net Current Assets) $ 8,743,342 $ 4,264,922 $ 3,607,197 $ 475,627 $ 408,162 $ 285,572 $ (246,741) $ (297,891) $ (337,781) $ (461,839) $ (496,749) $ (455,727) Revenues 1 i a Investment Interest $ 354,228 $ 255,900 $ 216,430 $ 23,780 $ 20,410 $ 14,280 $ (12,340) $ (14,890) $ (16,890) $ (23,090) $ (24,840) $ (22,790) Arbitrage rebate $ (90,000) Other $ 2,521,004 $ - $ - $ - $ - $ - $ - $ _ $ - Change in fair market value $ (177,721) ? ? ? ? ? ? ? ? ? ? ? Golf course loan payments $ 50,000 $ 50,000 $ 52,000 $ 52,000 $ 52,000 $ 55,000 $ 55,000 $ 55,000 $ 58,000 $ 58,000 $ 58,000 $ 60,000 Liquor store loan payments $ 32,562 $ 24,640 Transfer from GF /Liq fund $ 550,000 $ 200,000 $ 200,000 $ 200,000 $ 200,000 $ 200,000 $ 200,000 $ 200,000 $ 200,000 $ 200,000 $ 200,000 $ 200,000 Expenditures Capital Outlays $ 7,718,493 $ 1,188,265 $ 3,600,000 $ 343,245 $ 395,000 $ 801,593 $ 293,810 $ 280,000 $ 365,168 $ 269,820 $ 192,138 $ 232,685 East fire station $ 696,879 $ 100,000 West fire station $ 2,130,897 $ 300,000 $ - $ - $ - $ - $ - $ _ $ _ $ - Police station $ 3,227,497 $ 500,000 $ - $ - $ - $ - $ - $ _ $ _ $ _ Civic Center impr $ 62,751 $ 3,200,000 $ - $ - $ - $ - $ - $ - $ _ Park improvements $ 243,467 $ 262,559 $ 325,000 $ 273,245 $ 325,000 $ 326,593 $ 293,810 $ 280,000 $ 302,668 $ 269,820 $ 192,138 $ 232,685 Central Garage impr $ 26,740 $ 2,100 $ 75,000 $ - $ - $ 225,000 $ - $ - $ 62,500 $ - EBHC improvements $ 1,330,799 $ 23,606 Equipment $ (537) $ - $ - $ 70,000 $ 70,000 $ 250,000 $ - $ - $ - $ - Ending Balance $ 4,264,922 $ 3,607,197 $ 475,627 $ 408,162 $ 285,572 $ (246,741) $ (297,891) $ (337,781) $ (461,839) $ (496,749) $ (455,727) $ (451,202) Estimated cost of needed park proj 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 1 Do As Scheduled - $ 227,000 $ 325,000 $ 273,245 $ 325,000 $ 326,593 $ 293,810 $ 280,000 $ 302,668 $ 269,820 $ 192,138 $ 232,685 2 Do As Needed $ 441,430 $ 35,200 $ 17,000 $ 14,500 $ 75,158 $ 51,282 $ 32,687 $ 17,000 $ 124,343 $ 26,095 $ 24,201 3 Do With Projects $ 463,650 $ 10,000 $ 25,000 $ 214,929 _. - $ - 38,003 f- 4 Estim cost of scheduled park impr $ 262,559 $ 325,000 $ 273,245 $ 325,000 $ 326,593 $ 293,810 $ 280,000 $ 302,668 $ 269,820 $ 192,138 $ 232,685 5 Contribution for park impr $ 200,000 $ 200,000 $ 200,000 $ 200,000 $ 200,000 $ 200,000 $ 200,000 $ 200,000 $ 200,000 $ 200,000 6 Amount coming from CIF balance $ 125,000 $ 73,245 $ 125,000 $ 126,593 $ 93,810 $ 80,000 $ 102,668 $ 69,820 $ (7,862) $ 32,685 Option 1: Continue at about same level 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 CAPITAL IMPROVEMENTS FUND Starting Balance (Net Current Assets) $ (451,202) $ (213,762) $ 6,912 $ (22,693) $ (96,636) $ 163,534 $ (34,348) $ 228,932 $ 117,737 $ 145,888 Revenues m m Investment Interest $ (22,560) $ (10,690) $ 350 $ (1,130) $ (4,830) $ 8,180 $ (1,720) $ 11,450 $ 5,890 $ 7,290 Arbitrage rebate Other Change in fair market value ? ? ? ? ? ? ? ? ? ? Golf course loan payments $ 60,000 $ 60,000 $ 65,000 $ 65,000 $ 65,000 $ 65,000 $ 65,000 Liquor store loan payments Transfer from GF /Liq fund $ 200,000 $ 200,000 $ 200,000 $ 200,000 $ 200,000 $ 200,000 $ 200,000 $ 200,000 $ 200,000 $ 200,000 Expenditures Capital Outlays $ - $ 28,636 $ 294,955 $ 337,813 $ - $ 471,062 $ - $ 322,645 $ 177,739 $ - East fire station West fire station Police station Civic Center impr Park improvements $ - $ 28,636 $ 294,955 $ 337,813 $ _ - $ 471,062 $ - $ 322,645 $ 177,739 $ - Central Garage impr EBHC improvements Equipment Ending Balance $ (213,762) $ 6,912 $ (22,693) $ (96,636) 163,534 $ (34,348) $ 228,932 $ 117,737 $ 145,888 $ 353,178 Estimated cost of needed park prof 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 1 Do As Scheduled $ 28,636 $ 294,955 $ 337,813 $ 471,062 $ 322,645 $ 177,739 2 Do As Needed $ 2,937 $ 52,184 $ 46,441 $ 16,047 $ 15,782 $ 30,364 3 Do With Projects $ 40,840 $ 8,024 _. _. - $ 63,214 4 Estim cost of scheduled park imp $ - $ 28,636 $ 294,955 $ 337,813 $ - $ 471,062 $ - $ 322,645 $ 177,739 $ - 5 Contribution for park impr $ 200,000 $ 200,000 $ 200,000 $ 200,000 $ 200,000 $ 200,000 $ 200,000 $ 200,000 $ 200,000 $ 200,000 6 Amount coming from CIF balanc $ (200,000) $ (171,364) $ 94,955 $ 137,813 $ (200,000) $ 271,062 $ (200,000) $ 122,645 $ (22,261) $ (200,000) Option 2: $50,000 increase to $250,000 1999 2000 2001 2002 2003 2U64 2005 2006 2007 2008 2009 2010 CAPITAL IMPROVEMENTS FUND Starting Balance (Net Current Assets) $ 8,743,342 $ 4,264,922 $ 3,607,197 $ 52'x,627 $ 510,662 $ 443,192 $ (31,241) $ (21,611) $ 2,309 $ (54,739) $ (19,299) $ 95,603 Revenues Investment Interest $ 354,228 $ 255,900 $ 216,430 $ 26,280 $ 25,530 $ 22,160 $ (1,560) $ (1,080) $ 120 $ (2,740) $ (960) $ 4,780 Arbitrage rebate $ (90,000) Other $ 2,521,004 $ - $ - $ - $ _ $ _ $ - $ _ $ _ Change in fair market value $ (177,721) ? ? ? ? ? ? ? ? ? ? ? Golf course loan payments $ 50,000 $ 50,000 $ 52,000 $ 52,000 $ 52,000 $ 55,000 $ 55,000 $ 55,000 $ 58,000 $ 58,000 $ 58,000 $ 60,000 Liquor store loan payments $ 32,562 $ 24,640 Transfer from GF /Liq fund $ 550,000 $ 200,000 $ 250,000 $ 250,000 $ 250,000 $ 250,000 $ 250,000 $ 250,000 $ 250,000 $ 250,000 $ 250,000 $ 250,000 Expenditures Capital Outlays $ 7,718,493 $ 1,188,265 $ 3,600,000 $ 343,245 $ 395,000 $ 801,593 $ 293,810 $ 280,000 $ 365,168 $ 269,820 $ 192,138 $ 232,685 East fire station $ 696,879 $ 100,000 West fire station $ 2,130,897 $ 300,000 $ - $ - $ - $ _ $ - $ _ $ _ $ _ Police station $ 3,227,497 $ 500,000 $ - $ - $ - $ _ $ _ $ _ $ _ $ _ Civic Center impr $ 62,751 $ 3,200,000 $ - $ - $ _ $ _ $ _ $ _ $ _ Park improvements $ 243,467 $ 262,559 $ 325,000 $ 273,245 $ 325,000 $ 326,593 $ 293,810 $ 280,000 $ 302,668 $ 269,820 $ 192,138 $ 232,685 Central Garage impr $ 26,740 $ 2,100 $ 75,000 $ - $ - $ 225,000 $ - $ - $ 62,500 $ - EBHC improvements $ 1,330,799 $ 23,606 Equipment $ (537) $ - $ - $ 70,000 $ 70,000 $ 250,000 $ - $ - $ - $ _ Ending Balance $ 4,264,922 $ 3,607,197 $ 525,627 $ 510,661 $ 443,192 $ (31,241) $ (21,611) $ 2,309 $ (54,739) $ (19,299) $ 95,603 $ 177,698 Estimated cost of needed park proj 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 1 Do As Scheduled $ 227,000 $ 325,000 $ 273,245 $ 325,000 $ 326,593 $ 293,810 $ 280,000 $ _ 304668 $ 269,820 $ 192,138 $ 232,685 2 Do As Needed $ 441,430 $ 35,200 $ 17,000 $ 14,500 $ 75,158 $ 51,282 $ 32,687 $ 17,000 $ 124,343 $ 26,095 $ 24,201 3 Do With Projects $ 463,650 $ 10,000 $ 25,000 $ 214,929 $ 38,003 4 Estim cost of scheduled park impr $ 262,559 $ 325,000 $ 273,245 $ 325,000 $ 326,593 $ 293,810 $ 280,000 $ 302,668 $ 269,820 $ 192,138 $ 232,685 5 Contribution for park impr $ 250,000 $ 250,000 $ 250,000 $ 250,000 $ 250,000 $ 250,000 $ 250,000 $ 250,000 $ 250,000 $ 250,000 6 Amount coming from CIF balance $ 75,000 $ 23,245 $ 75,000 $ 76,593 $ 43,810 $ 30,000 $ 52,668 $ 19,820 $ (57,862) $ (17,315) Option 2: $50,000 increase to $250,000 CAPITAL IMPROVEMENTS FUND 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 Starting Balance (Net Current Assets) $ 177,698 $ 496,578 $ 802,772 $ 862,957 $ 883,2J4 $ 1,242,454 $ 1,148,512 $ 1,520,942 $ 1,524,947 $ 1,672,828 Revenues Investment Interest $ 8,880 $ 24,830 $ 40,140 $ 43,150 $ 44,160 $ 62,120 $ 57,430 $ 76,050 $ 76,220 $ 83,640 Arbitrage rebate Other Change in fair market value ? ? ? ? ? ? ? ? ? ? Golf course loan payments $ 60,000 $ 60,000 $ 65,000 $ 65,000 $ 65,000 $ 65,000 $ 65,000 Liquor store loan payments Transfer from GF /Liq fund $ 250,000 $ 250,000 $ 250,000 $ 250,000 $ 250,000 $ 250,000 $ 250,000 $ 250,000 $ 250,000 $ 250,000 Expenditures Capital Outlays $ - $ 28,636 $ 294,955 $ 337,813 $ - $ 471,062 $ - $ 322,645 $ 177,739 $ - East fire station West fire station Police station Civic Center impr Park improvements $ - $ 28,636 $ 294,955 $ 337,813 $ - $ 471,062 $ - $ 322,645 $ 177,739 $ - Central Garage impr EBHC improvements Equipment ,Ending Balance $ 496,578 $ 802,772 $ 862,957 $ 883,294 $ 1,242,454 $ 1,148,512 $ 1,520,942 $ 1,524,347 $ 1,672,828 $ 2,006,468 Estimated cost of needed park proj 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 1 Do As Scheduled $ 28,636 $ 294,955 $ 337,813 $ 471,062 $ 322,645 $ 177,739 2 Do As Needed $ 2,937 $ 52,184 $ 46,441 $ 16,047 $ 15,782 $ 30,364 3 Do With Projects $ 40,840 $ 8,024 $ 63,214 4 Estim cost of scheduled park imp $ - $ 28,636 $ 294,955 $ 337,813 $ - $ 471,062 $ - $ 322,645 $ 177,739 $ - 5 Contribution for park impr $ 250,000 $ 250,000 $ 250,000 $ 250,000 $ 250,000 $ 250,000 $ 250,000 $ 250,000 $ 250,000 $ 250,000 6 Amount coming from CIF balance $ (250,000) $ (221,364) $ 44,955 $ 87,813 $ (250,000) $ 221,062 $ (250,000) $ 72,645 $ (72,261) $ (250,000) Option 3: $100,000 increase to $300,000 1999 2000 2001 2002 _ 2003 2004 2605 2006 2007 2008 2009 2010 CAPITAL IMPROVEMENTS FUND Starting Balance (Net Current Assets) $ 8,743,342 $ 4,264,922 $ 3,607,197 $ 575,627 $ 613,162 $ 600,822 $ 18 $ 254,669 $ 342,399 $ 352,351 $ 458,15 "1 $ 646,923 Revenues Investment Interest $ 354,228 $ 255,900 $ 216,430 $ 28,780 $ 30,660 $ 30,040 $ 9,210 $ 12,730 $ 17,120 $ 17,620 $ 22,910 $ 32,350 Arbitrage rebate $ (90,000) Other $ 2,521,004 $ - $ - $ - $ - $ - $ - $ - $ _ Change in fair market value $ (177,721) ? ? ? ? ? ? ? ? ? ? ? Golf course loan payments $ 50,000 $ 50,000 $ 52,000 $ 52,000 $ 52,000 $ 55,000 $ 55,000 $ 55,000 $ 58,000 $ 58,000 $ 58,000 $ 60,000 Liquor store loan payments $ 32,562 $ 24,640 Transfer from GFILiq fund $ 550,000 $ 200,000 $ 300,000 $ 300,000 $ 300,000 $ 300,000 $ 300,000 $ 300,000 $ 300,000 $ 300,000 $ 300,000 $ 300,000 Expenditures Capital Outlays $ 7,718,493 $ 1,188,265 $ 3,600,000 $ 343,245 $ 395,000 $ 801,593 $ 293,810 $ 280,000 $ 365,168 $ 269,820 $ 192,138 $ 232,685 East fire station $ 696,879 $ 100,000 West fire station $ 2,130,897 $ 300,000 $ - $ - $ - $ - $ - $ - $ _ $ _ Police station $ 3,227,497 $ 500,000 $ - $ - $ - $ - $ - $ - $ _ $ _ Civic Center impr $ 62,751 $ 3,200,000 $ - $ - $ - $ - $ - $ _ $ _ Park improvements $ 243,467 $ 262,559 $ 325,000 $ 273,245 $ 325,000 $ 326,593 $ 293,810 $ 280,000 $ 302,668 $ 269,820 $ 192,138 $ 232,685 Central Garage impr $ 26,740 $ 2,100 $ 75,000 $ - $ - $ 225,000 $ - $ - $ 62,500 $ - EBHC improvements $ 1,330,799 $ 23,606 Equipment $ (537) $ - $ - $ 70,000 $ 70,000 $ 250,000 $ - $ - $ - $ - Ending Balance $ 4,264,922 $ 3,607,197 $ 575,627 $ 613,162 $ 600,822 $ 184,269 $ 254,669 $ 342,399 $ 352,351 $ 458,151 $ 646,923 $ 806,588 j l Estimated cost of needed park proj 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 1 Do As Scheduled $ 227,000 $ 325,000 $ 273,245- $ 325,000 $ 326,593 $ 293,810 $ 280,000 $ 30Z668 $ 269,820 $ 192,138 $ 232,685 2 Do As Needed $ 441,430 $ 35,200 $ 17,000 $ 14,500 $ 75,158 $ 51,282 $ 32,687 $ 17,000 $ 124,343 $ 2' 6,095 $ 24,201 3 Do With Projects $ 463,650 $ 10,000 $ 25,000 $ 214,929 $ 38,003 4 Estim cost of scheduled park impr $ 262,559 $ 325,000 $ 273,245 $ 325,000 $ 326,593 $ 293,810 $ 280,000 $ 302,668 $ 269,820 $ 192,138 $ 232,685 5 Contribution for park impr $ 300,000 $ 300,000 $ 300,000 $ 300,000 $ 300,000 $ 300,000 $ 300,000 $ 300,000 $ 300,000 $ 300,000 6 Amount coming from CIF balance $ 25,000 $ (26,755) $ 25,000 $ 26,593 $ (6,190) $ (20,000) $ 2,668 $ (30,180) $ (107,862) $ (67,315) Option 3: $100,000 increase to $300,000 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 CAPITAL IMPROVEMENTS FUND Starting Balance (Net Current Assets) $ 806,588 $ 1,206,91$ $ 1,598,632 $ 1,748,607 $ 1,863,224 $ 2,321,384 $ 2,331,392 $ 2,812,962 $ 2,930,967 $ 3,199,77'$ Revenues Investment Interest $ 40,330 $ 60,350 $ 79,930 $ 87,430 $ 93,160 $ 116,070 $ 116,570 $ 140,650 $ 146,550 $ 159,990 Arbitrage rebate Other Change in fair market value ? ? ? ? ? ? ? ? ? ? Golf course loan payments $ 60,000 $ 60,000 $ 65,000 $ 65,000 $ 65,000 $ 65,000 $ 65,000 Liquor store loan payments Transfer from GF /Liq fund $ 300,000 $ 300,000 $ 300,000 $ 300,000 $ 300,000 $ 300,000 $ 300,000 $ 300,000 $ 300,000 $ 300,000 Expenditures Capital Outlays $ - $ 28,636 $ 294,955 $ 337,813 $ - $ 471,062 $ - $ 322,645 $ 177,739 $ - East fire station West fire station Police station Civic Center impr - Park improvements $ - $ 28,636 $ 294,955 $ 337,813 $ - $ 471,062 $ - $ 322,645 $ 177,739 $ Central Garage impr EBHC improvements Equipment Ending Balance $ 1,206,918 $ 1,598,632 $ 1,748,607 $ 1,863,224 $ 2,321,384 $ 2,331,392 $ 2,812,962 $ 2,930,967 $ 3,199,778 $ 3,659,768 Estimated cost of needed park proj 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 1 Do As Scheduled $ 28,636 $ 294,955 $ 337,813 $ 471,062 $ _. _. 322,645. -$ 177,739 2 Do As Needed $ 2,937 $ 52,184 $ 46,441 $ 16,047 $ 15,782 $ 30,364 3 Do With Projects $ 40,840 $ 8,024 $ 63,214 4 Estim cost of scheduled park imp $ - $ 28,636 $ 294,955 $ 337,813 $ - $ 471,062 $ - $ 322,645 $ 177,739 $ - 5 Contribution for park impr $ 300,000 $ 300,000 $ 300,000 $ 300,000 $ 300,000 $ 300,000 $ 300,000 $ 300,000 $ 300,000 $ 300,000 6 Amount coming from CIF balance $ (300,000) $ (271,364) $ (5,045) $ 37,813 $ (300,000) $ 171,062 $ (300,000) $ 22,645 $ (122,261) $ (300,000) City of Brooklyn Center A great place to start. A great place to stay. To: Mayor Kragness and Council Members Hil asman, Nelson and Peppe From: Michael J. McCauley City Manager Date: September 1, 2000 Re: Continued Budget Discussion Since the joint meeting with the Financial Commission, I have surveyed some of the surrounding cities regarding wage and levy increases. Enclosed is a chart showing the results of that survey and a copy of an article on the discussions at Hennepin County. A number of cities are contemplating levy increases similar to the Draft 2001 Budget and some are going considerably higher. Wages and benefits also show a range of amounts, though a significant number are at 3 %. At the meeting we will have additional analysis to illustrate the options discussed at the last meeting on this topic. 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer r ` * STAR TRIBUNE • PAGE B5 •Hennepinr .r County beginning to consider z:. 1 01 tax levy By Mark BrunswNok Star Tribune Staff Writer With the costs of running a new jail looming, Hennepin County is proposing a maximum property tax levy next year that is l:_ss; s 4.95 percent higher than this "` -> Hennepin Coun Administra- ` "' for Sandra Vargas said antidpat- _ . ed costs of the new jail, ached- y F: uled to open in the summer of V Y 2001; the increased health care ;< #_ costs for employees, and the ris- ing costs of uncompensated care at county-run medical facilities are amon the items creating the potential for rataalncrease. �_- :: • -:. The roposal would mean the county's. share of taxes on a- $104,000, median- valued home in' =f; ==y ` Minneapolis would Increase by `, '•�_'- about $24 The Impact on a me- dian-valued $145,000 home in _ _ " the suburbs would be an increase `::. ". of about $37 in county property taxes. Both figures reflect limits- 1 " lions by state law on how high property taxes can increase from one year to the next •- - - �' No tax increase or budget pro-_ osal has been made. Setting the . r� maximum levy is: a procedural move, required by state law, in s' ' <1 preparation for September re- lease of the county administra= toes budget proposal and late -fall truth -in- taxation hearings. Truth. % in- taxation statements are mailed to taxpayers in November. The maximum tax levy is a ceiling above which the County Board cannot raise the levy. Usu- t } ally, board members adopt a levy �:: <• lower than the maximum The board did not take action ? on the proposal but will review it q =' r• weeks., .::::. In two Health care premiums for county employees are expected'`- "} to rise by about $6 million, a 16 percent increase. The Legislature appropriated a one -time $3. million cushion to F= WE Hennepin County to provide:; -` medical services - to non - county residents who do not reimburse _ the county for their care. But that money will not be available next year, requiring the county to ab- sorb the costs. 4:. The new jail Is expected to `i F, require $5.5 million in funding in s' . 2001, including $3 million for op- z _ ' erations and $2.5 million for W11A _ s �' : . maintenance and utilities. nnS&sff.*wM.*&wtswkk l`� can be contacted at mbr utswkklstarMbun&com E :: - '4. : Overall Tax General Fund Non -Union _ _.. •_....._ —.. ..... . _. Union Wage Police Notes Increase I Increase I Wage Increase ,I Incr Andover 3% 5% 3% 3% Blaine 3%-3.5% 3%-3.5% -Other increases are still being discussed -It will take an increase of I S% in the tax assessment to maintain the status quo Brooklyn Park 6.5% 6.5% 3.5% 3.5% Crystal -Wage increase is an estimation, all contracts are up for negotiation this year 4% 3.67% 3% 3% Golden Valley 2% 3.5% 3.5% - Overall levy increase is unknown - Private sector increase is at 4.4% Maple Grove 7% 8% 3% 3% - Employee benefits will also receive $25 more per month New Brighton - Increase unknown, exploring the implementation of a franchise fee which could reduce the currentlevy -For trending purposes, 3% has been included New Hope 28% 3.5% Up 3% at end 3.3% -Large levy increase is to support a street and park infrastructure fund of 2001 Osseo 4%, those with - Budgeted for a 4% increase for non -union employees 8% 11% 3.5%-4% 3 or more yrs. 3 %, those with less than 3 yrs Plymouth I - Non -union are budgeted at 3%, a 3.5% - 3.75% raise would correspond with a lower increase in 3.9% 6.7% 3.5%-3.75% 3%-3.5% health insurance j OR -Some positions will increase as high as 8.5% due to labor shortage and market conditions 8.5% Ramsey 22% 5% 6% 6% 3 %, for - Afscme union is still in negotiations, based on 2001 step plan increase is approximately 6% j patrol officers Robbinsdale 5%-6% 4%-9% 3% 8%-12% -City is recommending an HRA levy for 2001 OR increase in - COLA's increase is for the cafeteria plan with HRA benefits levy increase 8%-9% St. Louis Park 3 %, 3.4% 3% 3% In negotiation -1% increase for Parks Capital purposes in discussion additional 1% possible MEMORANDUM DATE: August 28, 2000 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Worms �� SUBJECT: Utility Hookup Charges �/ Earlier this year, the Council reviewed materials about the existing utility hookup policy and structure (see attached memos). At that time we discussed whether the existing policy should be amended and if some portion of the outstanding hookup charges should be canceled. Since that time, City Attorney Charlie LeFevere has prepared an opinion (attached) regarding the existing policy and suggestions for amendment. Based on this, I have prepared a draft amended policy, and draft language modifying Chapter 4 of the ordinances. Currently, there are three classes of property: 1. property which has never paid a hookup charge, mostly vacant property; 2. property which has paid a hookup charge, but for whatever reason, the charge was not considered to be in full; and 3. property which has paid a hookup charge. The bulk of the properties in Brooklyn Center fall into the last class. There are very few remaining in the first class, that is, vacant property which has never paid a hookup charge. According to the City Attorney's opinion, those properties in the middle class, that is, those which could be said to have not paid in full, are in a grey area. There is some question as to whether or not the City can indeed collect those charges, depending on individual circumstances. In my review earlier this year, I determined that the amount of hookup charge we could collect, from properties which were likely to develop or redevelop long term, was less than $45,000. Almost all of that outstanding amount falls in the grey area of the second class of properties, those which the City Attorney believes we would have a hard time justifying. Therefore, I propose the following policy, which is similar to what I proposed at the time the Joslyn hookup charges were considered. This policy would eliminate the current policy of referring back to initial hookup to the system, and replace it with a policy of connection fees which would be implemented uniformly across the board. In the long term, the amount collected from these connection fees will likely exceed the amount we could have collected under the old system. 1. The outstanding hookup charges would be dropped and replaced with a new, tiered system of connection charges. 2. The system of charges would apply to all water and sewer connections, whether new on vacant property or new or revised by redevelopment. 3. The connection charge represents the property owner's contribution toward the maintenance of the utility system. 4. Charges would be established by resolution and reviewed annually as a part of the utility rate study. 5. The initial rate structure is proposed as follows: Land Use A rea I Water I Sewer Commercial/Industrial >5 Acres $10,000 $5,000 <5 Acres $5,000 $3,000 Retail/Office >5 Acres $5,000 $3,000 <5 Acres $3,000 $1,500 Multi Family >5 Acres $5,000 $3,000 < 5 Acres $3,000 $1,500 Single Family Per $1,000 $500 Connection This rate structure would be adopted with the 2001 utility rate study, and effective January 1, 2001. Should the Council wish to go forward with amending the policy and ordinance, the following is the recommended schedule: September 5, 2000 Council work session discussion October 16, 2000 Council work session utility rate study discussion October 23, 2000 First reading of ordinance amendment November 13, 2000 Public Hearing, ordinance amendment Adoption, amended special assessment policy Adoption, 2001 utility rate schedule DRAF Excerpt from "City of Brooklyn Center Special Assessment Policy," as proposed to be amended SECTION III. SUBSURFACE IMPROVEMENTS Subsurface improvements shall include water distribution lines, sanitary sewer lines and storm sewer lines, ponds, or other drainage improvements. A. Standards Subsurface improvements shall be made to serve current and projected land use. All installations shall conform to the minimum standards therefore as established by those state, local, or federal agencies having jurisdiction over the proposed installations. All installations shall also comply, to the maximum extent feasible, to such quasi - official, nationally recognized standards as those of the American Insurance Association (formerly National Board of Fire Underwriters). Service lines to the property line of each known or assumed building location shall be installed in conjunction with the construction of the mains. B. Water Mains All properties shall be assessed their share of the cost of installing water main to serve the property and the cost of installing the water service line between the water main and the property line. In addition, all properties shall be assessed their share of city-wide or area improvements such as distribution mains, wells, above ground storage, and elevated storage tanks. 1. For those improvement projects where existing main or appurtenances are repaired or replaced, including service replacement to the property line, no special assessments shall be charged. The full cost of said improvements shall be financed by the Water Utility Fund. 2. For those improvement projects where main or appurtenances are installed to provide new service to previously unserved properties, the full cost of said improvement shall be assessed, with the basis being the Engineer's determination of benefit to each newly served property. 3. All- properties net r .; V::,osly GJ YVJif VA for Sil/1GL�1, "L JVJUice aaaaYa V Y �atavalL T �yrL 11, Y1 11.. j pp. V iG ' 1GtV 11.5 l.S eurrent IV \.. I'LL. I.�V11Va/611VJJ tl. a4aaV11 L,' 1, YlVLiJ CI Vl.11l Vllt actio has est l.�I.-d X fr,.--. :t : ".�. YY. rL/1ZI1V 51i F , l'op/ de, L.V:1\. R-1 Vl RZ, & e h oo k tt p f ee s b e CheagQ LL Vll a ull:t Irasis — tl City lYGLL FJ 11y V 1 V uJ y :nst - h d 4 w hic.l 6C L V 1:;� � C-_1d ti. �, r y 1: s L tl.... " residential 1V 1V V1 L 1' VVai GJJ�V , 1V 1 ,� L ] V �� J � — 1 JVl Y1VV. If-ti - JVL VIVV 1 1 4 \3 lt& L VVll LLS�Q, 4 i11V tllVl ty 511411 LV GSSa.SS�.3 J V Y'VV 10.1 ,�ZI� t,' V YY aavaJ J from the maill to the ] 1'1r � S� 1 1 � V11S1 1G11_r, G JVa Y aVV ODA A F T L. F oi , th. h,33kup -&% Tull be eharged'on a eembhration not and aioa basis. The total lineal feet of frontage shall eharged at the front feet rate. , J elaaa,e JYlall L C.SG11 h ooku p fee for 1 that part of CU11,, iJl from the property line to a depth of 135 or the b FLOtk A.Y 1 13iM, Yv1TICliever is -1c5S. That � Lliv - v. 5idQ uric 11 o rl t -133 -frvL" J,hail L;, vh&i Laac�L oil aioa, at a la er- X00 - square . %e g d- a- hoaio�p� to P f eet. — R, -- >. taLJ 1 1 111VLV Y'lees h &: V i it :.)¢¢ ende e ��],]��� property -line v �h3e11 l l a� 11V i �. V Y lV .. Jay Levaa a JSeJJv� for Lho JeL Y 1% \.5 d rain --be eharged the 1 1 rate- aoL v All properties connecting to the water system shall be charged a connection charge as per the most current ut ility rate structure PrWerty owners shall have the option of paying the charge in full at the time of connection, or electing to pay the charge as a sp ecial ass ssment over a period not to exceed 10 years. Properties without services shall be responsible for the full cost of installing service from the main to the building. C. Sanitary Sewer All properties shall be assessed their share of the cost of installing sanitary sewer laterals to serve the property and the cost of installing the sanitary sewer service line between the street and the property line. In addition, all properties shall be assessed their share of city- wide or area improvements such as interceptors and pumping stations. 1. For those improvement projects where existing lateral or appurtenances are repaired or replaced, including service replacement to the property line, no special assessments shall be charged. The full cost of said improvements shall be financed by the Sanitary Sewer Utility Fund. 2. For those improvement projects where lateral or appurtenances are installed to provide new service to previously unserved properties, the full cost of said improvement shall be assessed, with the basis being the Engineer's determination of benefit to each newly served property. 3. All properties no y ii;vlo - as , m ica i.Ytoi, O l Yal]iYiiig l7 La L1V11 LLll�/l lJ Villein s yob 11 11 �y ", -' � .,r eurr hell L �.YV Y av ertt ti.�lll L}.11l ���SLtlllial a. l Vl all the hoo up - [Vii J call Le w & front foot La6i6• If he eit 1:4� Y.; r .:;a u v i:,: t:; proper and the ptoperty had 1 - -: A the- rate - shall L�; " LcSidclit.aitnrit i, td Jel Y lee. 11 If tlx:, 5::y::; had not been installed, Uio r l:, r :lty ihall bea56cm the 11 - • . _ it _ Lesidential 1Cllil SC. Y 1%.1r rat;,, a ud tla�. shall be L:.spoilSi serv'Iee from the inaiii 'Mlle building. All properties connecting to the sanitary s ewer sys tem shall be -charged a connection charge as per the most current utility rate structure - Pronerty owners shall have the o ion of ,paving the charge in ftill at the time of connection, or electing topay t� he charge as a special assessment over a en riod not to exceed 10 years, Properties without services shall be responsible for t he Xll cost of installing service from the main to the building. OLO)"R A F T CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 2000, at p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an ordinance amending the City's policy for water and sanitary sewer hookup charges. 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 THE WATER AND SANITARY SEWER HOOKUP CHARGE POLICY THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 4 -201 of the Brooklyn Center Ordinances is hereby amended as follows: Section 4 -201. WATER CONNECTION PROCEDURES AND REGULATIONS. Subdivision 1. Permit Application. Any property owner desiring a permit to connect a dwelling or other building to the public water system of the City of Brooklyn Center shall apply therefor, through a licensed plumber, at the City department of planning and inspection. Subdivision 2. gp;,% al Assessmeflt "---= Pavment of Connection Charge. Thv 5yooi for the F641 eest of the water supply lines and a pro rata share of +e weer supply system hfts been paid or le-vied againA the prentises in the form of a speeial asses'M nt. if an assessment has not, been paid or spread against the premises, theift Prior to issuance of a connection permit the applicant shall be required to: a. Pay the icc cf. -,ing `iereen- connection charge in full; or b. Consent to the spreading of such charge against his property, in the form of a special assessment for a period of not to exceed -210 years in equal annual principal installments with interest payable at the special assessment interest rate established by the city council. ORDINANCE NO. D"' R AFT i Section 2. Section 4 -201 of the Brooklyn Center Ordinances is hereby amended as follows: Section 4 -302. SANITARY SEWER CONNECTION PROCEDURES AND REGULATIONS. Subdivision 1. Permit Application. Any property owner desiring a permit to connect to dwelling or other building to the sanitary sewer system of the City of Brooklyn Center shall apply therefor, through a licensed plumber, at the City department of planning and inspection. Subdivision 2. Speeia4 Assessment Re . Pavment of Connection Charge. The 3 ho bc: paid or levied agains the piom aid 3r lc;-:led > t the evem 4tere are deferred assessments levied against t1te premises, Prior to issuance of a connection permit the applicant shall be required to: a. Pay the balanee owing thereenconnection charge in full. or b. Consent to the spreading of such charge against his property in the form of a special assessment for a period of not to exceed 210 years in equal annual principal installments with interest payable at the special assessment interest rate established by the city council. Section 3. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of , 2000. Mayor ATTEST: City Clerk Date of Publication Effective Date 470 Pillsbury Center Kennedy 200 South Sixth Street Minneapolis MN 55402 (612) 337 -9300 telephone (612) 337 -9310 fax C H A R T E R E D http: / /wwwkennedy- graven.com CHARLES L. LEFEVERE Attorney at Law Direct Dial (612) 337 -9215 email: clefevere @kennedy- gmven.com June 14, 2000 Mr. Michael McCauley City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 -2199 RE: Utility Connection Charges Dear Mike: You have asked for my comments on the City's policies relating to collection of "deferred" utility hook -up charges for sewer and water. Capital costs for sewer and water utilities may be paid for in several ways. These include general City ad valorem taxes, special assessments, connection charges, availability charges, and user charges. The City's policies in question relate to connection charges. I understand that the sewer and water improvements installed in the 50s and 60s were financed with a combination of special assessments and connection charges. Special assessments are liens against benefited properties levied under Minnesota Statutes, Chapter 429. Special assessments may be u to fin.2noe canita]..Ctroiects and are generally used to nay at least part of the cost of such common public improvements as sewer, water, streets, and sidewalks, usually at the time of the construction of the project. To levy special assessments, the City must follow the detailed procedures described in Minnesota Statutes, Chapter 429 including public hearings on the improvements and on proposed assessments. These statutory procedures must be strictly followed. The City has no authority to levy special assessments outside of these procedures. For example, once contracts have been awarded for the construction of a project, the City may not decide to levy special assessments or substantially increase the amount proposed to be paid by special assessments since Chapter 429 requires those decisions to be made before the hearing on the improvement and the award of a contract for construction of the project. CLL- 181751vl BR291 -10 Mr. Michael McCauley June 14, 2000 Page 2 of 4 It sometimes occurs that a city would like to increase the amount of an assessment a substantial length of time after the assessment is first levied and the project constructed. For example, a special assessment for water or sewer might be based on the number of residential units on a lot at the time the project is constructed. Later the project might be rezoned or otherwise developed at a much greater number of units than the number used to determine the original assessment. In a case such as this, there is no authority to levy an additional special assessment for the additional units. However, it is possible to recover such costs to some extent through connection charges. Connection charges are one of the kinds of charges authorized under Minnesota Statutes, Chapter 444.075 (the other two are user charges and availability charges). The law provides that connection charges may be determined "by reference to the portion of the cost of connection which has been paid by assessment of the premises to be connected, in comparison with other premises..." Therefore, I believe that in the example above, if the City had a properly designed connection charge policy, it could impose a connection charge which took previously paid assessments into account and recover the amount which would have been charged if the original assessment had been based on the higher number of units as the property was later redeveloped. Connection charges should be distinguished from deferred special assessments. In certain cases, such as unimproved property or property owned by senior citizens, the law allows the City to levy a special assessment but defer collection until a later date. • In these cases, the full assessment is levied, but the property owner is not required to pay it until a later date. If an assessment search is done for the sale of such a property, the buyer will discover that there are assessments levied against the property which must be paid at some time. The hook -up charges which are being addressed here are not special assessments or deferred special assessments. Rather, they are connection charges which are charges ordinarily collected at the time a property is connected to the sewer or water system. Because they have not yet been collected, they could be regarded as deferred connection charges. There are a number of situations in which the City has been treating properties as owing some amount because of connection charges that were unpaid or underpaid at an earlier date. These underpaid connection charges fall into three categories. The first category includes properties that have not paid a connection charge because they have not yet connected to the City's water system. I see no reason why these properties should not be charged a full connection charge at the time of connection to the system. The other two categories of deferred charges may be considered together. They are: (1) cases in which the full connection charge was not paid because of a deal that was made or a negotiated settlement for payment of a lower amount than was called for by the general policy in effect at that time, and (2) ases in which the full amount required b the policy was aid at the time of ) q Y P Y p CLL- 181751vl BR291 -10 Mr. Michael McCauley June 14, 2000 Page 3 of 4 the connection but are regarded as owing some amount of connection charge because the policy was changed at a later date to require payment of a higher charge. In the case of these connection charges, I would recommend that the City Council consider writing them off. There are a number of reasons why the Council could conclude that it is no longer reasonable to attempt to collect such charges. First, some of these charges were paid at a lower rate because of an agreement or deal that was made with the landowner at the time of connection. Charging a higher charge at a later date because a deal was made for a lower charge in the past may be regarded by the landowners (and by the court if the City's practice is challenged) as a breach of the City's agreement made at the time of the initial connection. Second, as noted in the various staff reports on this subject, having significant connection charges pending against a property may frustrate or prevent its redevelopment. Third, these charges are very stale. The amount which the City has considered due is based on a theoretical underpayment that occurred 40 or 50 years ago, and by the time they would be collected in the event of redevelopment, they would be older still. Since these connection charge underpayments do not appear in the public records for a property, many of these properties will have changed hands — perhaps several times — and current owners and prospective buyers will have no reason to believe that their properties could be subject to such a charge in the future. If the charge were a deferred assessment that appeared on the public records, a purchaser of the land could adjust the purchase price downward in anticipation of having to pay the assessment in the future. However, these connection charges would not be discovered in a normal sale transaction. Therefore, if the charges are written off, these landowners will not realize a windfall since they probably paid full value for the property without regard to the undisclosed pending connection charges. While it may have been fair and reasonable to charge the full connection charge against the original owner, it may not be regarded by the landowner to be fair to charge later owners who had no knowledge that there was a deferred charge which the landowner could be required to pay in the future. Fourth, some of the charges are for properties that paid the full assessment due under the policy in effect at the time of payment, and are only regarded as having underpaid because the policy was later changed to require a higher charge. Thus the process of collecting these underpayments is intended to achieve a fairness by treating all properties alike. This seems to me to be a legitimate basis for a connection charge policy. However, public improvements are financed by a combination of taxes, special assessments, user fees, and connection charges, and the policies and amounts collected from these sources may change many times over the years. Each time a policy changes in each of these collection methods, it creates a situation in which some people have underpaid and others have overpaid by comparison with the previous policy. It is not possible to resolve all of these possible occurrences of unequal payment. Since the 50s and 60s when these underpayments were made, many changes have occurred in the practices and CLL- 181751v1 BR291 -10 Mr. Michael McCauley June 14, 2000 Page 4 of 4 procedures for financing public improvements in the City. In light of this, the Council might wish to reconsider whether it is still reasonable to collect charges based on an attempt to level the playing field 40 or 50 years ago. Fifth, the public improvements that were being financed by the connection charges in the 50s and 60s have been fully paid for. In fact, over that period of time some parts of the utility system may even have been replaced. There is no shortfall in public funding caused by the earlier "underpayment" of connection charges. These pending charges are not included in a budget of the utilities. If such connection charges are collected, they would represent a windfall of sorts for the utility, but writing off the charges would not cause a funding problem. Sixth, the charges are complicated and difficult for staff to keep track of and to calculate. Therefore, there is an administrative cost to collecting these underpaid connection charges. Given the small number of properties and the relatively small amount of money involved, and the fact that some of these charges may not be collected for many years in the future, continuing to collect them may not be a good use of staff resources. On balance, I believe it would be very reasonable for the Council to reconsider the current policy which was probably adopted 40 or more years ago and to write off all previously underpaid connection charges. As noted above, I see no reason why connection charges should not be charged at the time of connection to properties that were not previously connected. Furthermore, I see no reason why connection charges should not be charged at the time of redevelopment of a property if the Council wishes to do so. Writing off the past underpayment would not mean that connection charges could not be paid upon redevelopment, but only that the previous underpayment would not be added to the charge due upon redevelopment. For example, connection charges could be based on the number of units in an apartment complex. If an existing apartment complex had previously underpaid connection charges because of a change in policy in the 60s, the effect of writing that underpayment off would be to treat that property as though it were fully paid for the number of units which now exist. On future redevelopments, if units were added, the owner would pay for these additional units but not have to pay an additional amount because of an underpayment in the 50s or 60s. Please let me know if you have any further questions about any of these matters. Very truly yours, Q A Charles L. LeFevere CLL:lh cc: Ms. Diane Spector CLL- 181751vl BR291 -10 City of Brooklyn Center A great place to start. A great place to stay. To: Mayor Kragness and Co cil Members Hilstrom, Lasman, Nelson and Peppe From: Michael J. McCauley City Manager Date: April 20, 2000 Re: Utility Hook Up Deferments After November when the hook-up charges for Joslyn were set by the Council, further research was undertaken to follow -up on that decision toward the goal of presenting potential frameworks to clean up the current maze of deferments. Attached are materials prepared by Ms. Spector providing additional information and research, along with a map of the properties with deferments. As indicated in Ms. Spector's memo, many properties with deferred charges are: - currently served by water and sewer; - unlikely to develop; - likely to be developed for residential uses that would be adversely impacted by large fees; or - areas targeted for re- development that we would not want to impact with additional charges. I am also enclosing a copy of the materials you received in November when the fees were set for Jolsyn. The materials prepared by Ms. Spector for the November meeting outline a possible framework for organizing a uniform and reasonable set of charges for new hook -ups. 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 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION SETTING WATER CONNECTION FEE FOR JOSLYN SITE REDEVELOPMENT wht&,t!AS, the Joslyn site is being redeveloped to reclaim a Federal s%mtind site; and WHEREAS, the City of Brooklyn Center is reviewing the third connection charges for water service that date back to the 1950s and 1960s; and WHEREAS, overcoming the impediments to redevelopment of the superfund site have been substantial and are requiring large multi- million dollar grants from the State of Minnesota and the Metropolitan Council, as well as the use of tax increment financing since the cost of reclaiming and cleaning the site so that it can be used greatly exceed the value of the site itself, and h WHEREAS, the City Council wishes to charge a water service connection fee that will reflect a contribution to the value of having water available to the site, but not pose an impediment to the redevelopment of this superfund site. NOW,. THEREFORE, BE IT RESOLVED by. the City Council of the City of Brooklyn Center that the sum of $25,000 is hereby set as the complete and-total connection fee that would be charged for water connections from the Joslyn redevelopment site to the City's water system to be apportioned between the three parcels. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City of Brooklyn Center A great place to start A great place to stay. To: Mayor Kragness uncil Members HiLstrom, Lasman, Nelson and Peppe From: Michael J. McCauley City Manager Date: November 4 1999 Re: Joslyn Water Connection In the process of platting the Joslyn Development, approximately $100,000 + in water hook up fees have been identified since the property would be divided into 3 parcels. As a superfund site, you are aware that re- development of this site involves extraordinary costs that we are attempting to overcome through tax increment and substantial grants from the State and Metropolitan Council. $100,000 + in water hook up fees negatively impacts that effort. We are proposing for the Council's consideration 2 options to overcome this problem: 1) Amend the tax increment agreement to increase the amount of tax increment by the amount of the hook -up fees. 2) Waive the hook-up fees based on the unique nature of the development in a superfund site recognizing the extraordinary obstacles to its development. Hook-up fees were created back in the 1950's and 1960's when mains were installed. Some properties were not required to pay the full hook up fees back in the 50's. The owners who received Partial deferment are no longer the owners of many of these properties. Hook up fees have also been imposed for additional connections beyond the original. Staff is reviewing all of the potential sites subject to these fees. A number of properties have been identified and issues with those properties that indicate that these fees may be an impediment to redevelopment. The fees do assist the utility, but do not greatly impact the utility. This is because future main replacement is funded through current utility rates and not through charges against specific properties. We anticipate recommending a revision of hook up fees generally. Revisions would reduce or remove impediments to development or redevelopment generally. Those revisions will probably include a recommendation to remove the hook up fees from in-fill residential lots and small commercial lots along Brooklyn .Boulevard. Larger commercial sites and potential residential developments would have lower flat fees than the current results of long term deferral. A recommendation and report on the overall approach should be ready next Spring. Based on the need to facilitate the development of this superhard site and the substantial investment of State, Metropolitan Council, and Tax Increment monies, I would suggest Option 2 as the better option. That option would not directly impact the utilities since the fees are not relied upon in the budget and planning process since they are unknowns dependent on redevelopment. Also, the goal of having this property fully on the tax rolls as soon as possible would be served by waiving the 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreatio and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 deferred charges. A fee for connection is being proposed that would reflect a charge to have new services, without creating an impediment to development of the superfund site. This would be consistent with the analysis and recommendations that will be presented next year to deal with many other lots that are affected b deferred charges for connection, man of which are developed lots. Y g Y P I i i i i I XB-qOO yr BL YN Public Works Department MEMORANDUM TO: Michael J. McCauley struts Ar FROM: Diane Spector Parks SUBJ: Utility Hookups, Joslyn erfund Site . » DATE: November 4, 1999 Utfides Central Garage The Joslyn Superfimd redevelopment site consists of three developable parcels: a.parcel on which the Wickes Distribution Center is currently being built; another parcel which is being actively marketed, and a third, smaller site which likely will not be developed for a . Wau=W number of years. Under the existing utility hookup policy, these parcels are subject to water hookup charges; no sanitary sewer hookup charges are outstanding. The total amount of the hookup charges, based on 1999 rates, is $121,117. The hookup charges are intended to represent the parcel's share of the cost of providing utility service to the parcel; in other words, not only a share of the water main, but also the trunk main, the wells, and the towers. The existing policy computes charges per square foot, on'the presumption that larger parcels would require more intensive utility use. The existing policy is also very difficult to administer, and is confusing not only to potential developers, but also to staff. It has long been a priority of the Public Works Department to review this policy and make recommendations to the City Council for ways to improve this policy. This study and policy change is scheduled to being later this year, and be for completed by March, 2000. However, the issue of utility hookups for the Joslyn site need to be resolved now. Where are a number of ways to approach this issue. Superfund Site The Joslyn site is unique in that it is a Superfund site which requires contributions of funding from a number of sources to make its redevelopment feasible. Substantial private funds have been invested to clean up the site, as well as additional public funds from various grant sources. A TIP soils district has been established to provide an additional source of funding. When work is complete and the property redeveloped, it will provide a substantial public benefit in the form of new jobs, and when the TIF district is dissolved, a substantial addition to the tax base. An additional expense of over $120,000 will provide a further complicate the tenuous financing of this improvement. Thus, the Council could consider waiving the utility hookups for these parcels as another public contribution to this redevelopment. I Tiered Rate My initial thought for the structure of the revised hookup policy is that it become a tiered, flat rate, on the presumption that the consumption, sewage collection and discharge, and fire protection needs would be relatively similar for similar classes of properties, and the incremental differences would be negligible. For example, the tiers and rates could be as simple as: Land Use Are Water Sewer Commercial/Industrial >5 Acres $10,000 $5,000 <5A $5,000 $3,000 Retail/Office > 5 Acres $5,000 $3,000 < 5 Acres $3,000 $3,000 Multi Family > 5 Acres $5,000 $3,000 < 5 Acres' $3,000 $3,000 Single Family $1,000 $500 Of course, this rate structure would require additional study, as well as a determination of which parcels fall into which category. The established policy would have to be rewritten. Under this type of schedule, the Joslyn site would be charged only for water hookups, as it has no outstanding sanitary sewer hookups. Two of the parcels are in excess of 5 acres, so each would be charged a hookup fee of $10,000. The third parcel is under 5 acres, and would be charged $5,000 at such time in the future when it is developed. I JOSLYN ADDITION ; • &T. DOC. Na } .. • +� . ♦ ♦♦ • � crt. noa na .. \ � ♦\ � r — "�� • / rwirirarrara.w ♦ ♦♦ ' t us s rs rrrrr ♦ � ` r / �II• � r. �� �� �` ♦`\ • t sr���• � � iii � ii . / _ EAftlOJ/f � M� ♦ ♦ � i � � � � � fCAtF N FEtT 1 J\d 9 sr1- '3 — — �i•�, _\ ♦ `� �-- / .r..w �.c Maur• DETAL 1 \ ♦ ♦ \♦ • mAk IN rm /, . ��otr�s wrt rauir�r IOIM . s la no tlsw►wo� r c O�'��T � s �_ �-�� c\ ♦ d� ♦ ♦ ♦ w�ox�io�w .�ia�imr� ieoors r y ` 1 'i 619, g'S5 s� ♦ ..t r � i� •Pa rNUW�'°°� •� I �i �1t. X112 tY3�Af'ta. �'� ` ,T I win" it un-4(to lz IL so som UK or i " 1 --s rrss•1r r wasal••s�- I ,�. — — — — — — — — — —s — — — — — — — -�— — N 8r4Wfr W �• � 1 LOT S. a oac + 1 40* ,, + All 6 C k "f t:$ l D " an DOM I I!� M w�acN.r.mrumsirc.rrr�r. I ��j •Ira�t �135.�'.kdeg }h I i"� ' womox • : � ,uo owe 1sT s 48'88$8 W 3880 1 i * � wr.er•r N ee Wir W M42 _� 28'38'01' W 32.87 MEMORANDUM DATE: April 20, 2000 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Works SUBJECT: Status Report on Utility Hookup Policy When Brooklyn Center first constructed its municipal water and sanitary sewer facilities in the late 1950s, much of this construction proceeded in the manner which is.common in developing communities now: in residential areas the developer constructed the streets and utilities and passed that cost along to the homeowner as part of the purchase price of the new lot or home. In a number of cases, the Village /City did some or all of the infrastructure work, and then assessed 100 percent of that cost to the benefitting properties. Whether the Village/City or developer constructed the improvements, all residential properties were assessed a $490 "service connection" charge. Many of the supply and collection facilities - wells, towers, and lift stations - were constructed using funds generated by the "prepays" of these assessments. In other words, the Village/City would sell revenue bonds to finance the construction of water mains and services and then assess properties. The property owners would generally pay the assessments in full rather than over time - a "prepay." The Village/ City would then earn interest off all these prepays, and use the amounts not necessary to make bond payments to pay for capital improvements: Where there were existing homes and businesses, bringing in municipal sewer and water proceeded on a little different basis. In almost every case, the costs of sanitary sewer interceptors, lift stations, and laterals as well as service connections were assessed at 100 percent of the cost distributed as special assessments to all benefitting parcels. The only cases where parcels may not have paid for sanitary sewer service are a few vacant parcels. However, it was a story with water. Residential property owners who didn't want to connect up to City water right away were allowed to defer their service connection charge. Many did eventually convert from private wells to city water. There are perhaps 15 -20 properties which are still on private wells. Generally, they convert when the homeowner wants to sell the Property and a condition of the buyer's financing is that the property be on municipal water. A number of commercial properties balked at being assessed for water hookup. In some cases, this reluctance to hookup and to pay assessments endangered the feasibility of improvement projects. In the interest of keeping water installation projects on track, in some cases adjustments were made and in others, deals were cut. Non - residential properties were supposed to be charged a hookup charge based on a calculation of two things: an amount per linear foot of frontage, and an amount based on the size of the property. The linear foot charge was supposed to represent the share of the cost of the pipe passing by the property, and the area charge was supposed to ' represent the additional burden a larger property might put on the need to provide fire flow, irrigation flow, etc. However, for example, it might be the case that a determination was made that a particular commercial building might be " worth" two residential units, and thus it was assessed two times the $490 service connection charge. Or, it was agreed that a property would be assessed the frontage portion of the assessment, but defer the area charge. The result was that there are many properties which did not pay their fair share of hookup charges at the time of hookup. City ordinances provide that properties that were not assessed at the time of hookup their full share of the cost of providing water and sanitary sewer service to the property must pay that additional amount upon development or redevelopment. We currently have in place an arcane and difficult to administer program to meet the requirements of these ordinances. Most parcels in. the City have been adequately assessed, but there a few hundred parcels that still have "outstanding utility hookups." For commercial and industrial properties, it can take several steps to determine just what the actual hookup charge would be. Old levy files must sometimes be consulted to determine what the "fair share" was that the parcel should have been assessed at the time of hookup. It is difficult for property owners and developers to understand this system, and very few staff members fully grasp all the nuances of the program. There have been times when hookup charges have come as an unwelcome surprise to a developer. There have also been times when an outstanding hookup charge has been a barrier to redevelopment. As development and redevelopment increase, it is time to look at streamlining and simplifying the process. 'At this time, the City's water and sanitary sewer systems have been complete for many years. Depreciation of the supply and collection facilities is fully funded or on pace to be. At - this time it is difficult to say that developed parcels that were not fully assessed at the time of development are depriving the utility funds of dollars necessary to pay for facilities that those parcels are using. Those parcels are adequately served, and are contributing to funding depreciation just as other parcels are contributing. It is difficult to say to a redeveloper "Yes we know you have water and sewer service now and have had for decades, but you still owe us a hookup charge of $5,000 from 1963." In addition, there are a great many parcels on which there are future hookup charges due which more than likely are never going to be redeveloped. It is questionable whether we ought to even continue to maintain paperwork for deferred hookup charges which are probably never going to happen. To look at what truly is the outstanding liability, I have performed a detailed analysis of the information that has accumulated over the years. I have eliminated from future consideration parcels that are likely never to be redeveloped, for example, two 40 -foot wide residential lots that have been combined into one lot with one service with a house built in the middle on the lot line, or an oversized lot that probably at some point in the distant future could be subdivided into two lots if the house in the middle ever burns down. I then worked with Community Development to categorize the remaining parcels as "Likely, Maybe, or Unlikely" to develop or redevelop. The number of parcels and acreage is shown in the table below. I then calculated the potential hookup fees due using the rates already established for 2000. I should note that there were several parcels where I was unable to perform this calculation because the hookup charge would depend on how the parcel was redeveloped and reconfigured. As can be seen in the attached tables, the total amount that we would realistically have an opportunity ity to collect is quite low, just under $45,000. Most of these likely to redevelop parcels are those where the city desires to encourage redevelopment: Brooklyn Boulevard, Northbrook Shopping Center, etc. It may be desirable to amend the amount owed, or even to consider forgiving the amount owed as an incentive for redevelopment, such as was done last fall for the Joslyn site. If those parcels are removed from the equation, the amount that we could realistically collect falls to almost $0. Based on this information, I suggest the following points for Council discussion: 1) Is the Council willing to "forgive" the outstanding hookup charges for those parcels that more than likely will never redevelop, or will redevelop only in the very long term? 2) Should the hookup charge policy be amended so that it relates only to vacant, undeveloped parcels, in effect "forgiving" the deferred portion of the hookup charge on already developed parcels? 3) Should the hookup policy be amended so that it sets forth a uniform rate that is unrelated to past status? In other words, whether or not a commercial property was fully assessed for hookups in the past, if it redevelops it would be charged $x for water hookup and $y for sewer hookup. 4) Should the policy be a type of hybrid, such as #3 above, -bu*_ also including a more costly hookup charge for vacant property hooking up to the system for the first time? This would attempt to address a question of the fairness of #3 to parcels which have recently developed/redeveloped and paid a substantial hookup charge, such as the Regal Theater site and the Joslyn site. Both of these sites were combinations of parcels which were vacant and developed parcels which may or may not have been fully charged for hookups. 5) How does the Council wish to handle single - family homes? There are a few infill lots available that have potential future hookups. There are also a few areas, such as the `Northeast Neighborhood," where a sizable new subdivision could be constructed. A residential water and sanitary sewer hookup fee at today's rates can add $5 -6,000 onto the cost of a residential lot. 6) What other concerns does the Council have? TYPE (All) jTotal Acreage of Parcels With Outstanding Hookup Charges Sum of ACRES REDEV I CODE 1 2 3 Grand Total Residential 2.051 13.195 49.589 64.835 Commercial 37.507 23.434 60.628 121.569 MultiFamily 6.833 54.597 61.43 Grand Total 39.558 43.462 164.814 247.834 1= Likely to Redevelop; 2 =Maybe Will Redevelop; 3= Llkely Will not Redevelop TYPE I(All) jTotal Number of Parcels With Outstanding Hookup Charges Count of ACRES REDEV I CODE 1 2 3 Grand Total Residential 4 14 67 85 Commercial 20 17 38 75 MultiFamily 9 22 31 Grand Total 24 40 127 191 (TYPE IV jTotal Number of Vacant Parcels With Outstanding Hookup Charges Count of ACRES REDEV I CODE 1 2 3 Grand Total Residential 4 2 6 Commercial 1 1 2 4 Grand Total 1 5 4 10 TYPE I(All) Estimated Hookup Charges at Today's Rates, All Parcels Sum of CHARGE REDEV I CODE ? 2 3 Grand Total Residential $ - $ 4,226.65 $ 35,371.60 $ 39,598.25 Commercial $ 44,790.10 $ 76,073.43 $ 202,920.67 $ 323,784.20 MultiFamily $ 7,474.62 $179,596.91 $ 187,071.53 Grand Total $ 44,790.10 $ 87 „774.70 $ 417 -$ 550,453.98 1= Likely to Redevelop; 2 =Maybe Will Redevelop; 3= Likely Will not Redevelop TYPE (All) Total Parcels Count of CHARG REDEV CODE 1 2 3 Grand Total Residential 4 14 67 85 Commercial 19 17 39 75 MultiFamily 9 22 31 Grand Total 23 40 128 191 TYPE IV Estimated Hookup Charges at Today's Rates, Vacant Parcels Sum of CHARGE REDEV CODE 1 2 3 Grand Total Residential $ - $ - $ - Commercial $ - $ 589.88 $ 514.01 $ 1,103.88 Grand Total $ - $ 589.88 $ 514.01 $ 1,103.88 NOTE: A hookup charge could not be calculated for all parcels; as in a number of cases the actual hookup charge would depend on how the parcel was developed or redeveloped. 111111111111 11 m ... "I !7B 7H MM IN SA2 MOM M q\M =71-,<= 131 -1 Redevelopment Potential 1 � � Likely Maybe - Unlikely CRY of BROOKLYN Parcels With Utility Hookups Due, CEN TER Potential For Redevelopment City of Brooklyn Center Agreat place to start. A great place to stay. To: Mayor Kragness and Council Members Hilstrom, Lasman, Nelson and Peppe From: Michael I McCauley City Manager Date: August 31, 2000 Re: Massage Therapists Mayor Kragness recieved the attached letter from Dennis Opitz regarding massage therapy. A comparison of the Brooklyn Center ordinance and the Crystal ordinance referenced in Mr. Opitz' letter is also enlcosed. Brooklyn Center's ordinance is geared toward prostitution prevention and the Crystal ordinance is geared to massage therapy. 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer June 19, 2440 Dear Mayor With the hope that this letter will change current thinking and policies, I did want you to know how I feel and hopefully get some discussion and research going. I would like to know your Position and if you feel any policies will change. To start, I would like to give you a little background. I started doing massage when I took a short class in massage twelve years ago. The first seven years of which I only did massage on my family, mostly on my wife who has a lot of back and neck trouble. She was given a 10% permanent disability because her neck was very restricted from an auto accident. She had gone to physical therapy which in this case did nothing for her. She credits my massage therapy for full range of motion in her neck. I do not profess that massage is better than physical therapy, what I am saying is that there is a place for theraputic massage. I took a more extensive course in massage in 1995 which allowed me to get liability insurance. I did not start working "professionally" until five years ago when I started working in a chiropractic clinic, and also a massage studio one of my massage instructors had started, both short lived (the clinic bought out the business and hived his own therapists. The studio closed). At this time, I did have a full time job as an accountant. In Feb of 1998, the company I had worked at for over nineteen years announced they were moving to Omaha, Ne. I decided to pursue massage as a full time career, knowing that getting started would be very difficult. I went back to school for a third tinge and became certified with a background in sports and deep tissue massage. I have been working in a chiropractic clinic in Fridley since June, 1998 & also in Brooklyn Park since last December. My wife and I have been residents of Brooklyn Center since 1977. We have two children, sixteen and eighteen that attend Brooklyn Center schools. I have been a volunteer doing massage at the annual Relay For Life for four years. This year I was also asked to and did massage at the seniors all night party June 8th. I recently spoke to a city official about a permit to do massage at home. At that time I was told I belonged to a select group of businesses that include pawn shops & money changers, businesses that the city does not wain. Massage is beneficial for accident victims, sports injuries, and stress relief. There is a difference between theraputic massage and the massage that goes' on in massage parlors as in your current city ordinance. I was very dissappointed to hear how outdated the city is. Caution should and must be taken if and when permits are issued, however, please do not close Your eyes to the benefits that can be achieved through massage because massage used t o be associated with prostitution. Like many people, I would like to have my own business. I can not afford to rent or buy property to start a business without a client base and I am not allowed to start a client base at home because of city ordinances. I have a couple of enclosures with this letter that you might find �t .,A-r ,t;..g. The first from the city of Crystal. Please note under findings a). The second is an article from the Star Tribune May 28,2000. Sincerely, Dennis Opitz, cmt O Diercnts opttz 710 58th Aue N Brooklyn Ctr, MN 55430-2707 ed"It al as sage a shovers some benefits Y Beth W. Orenstein lllentown ft) Morning Call can play a role in how effective: �. will be, says Kunkel, who is also lea Bennett Was expert- r. licensed physical therapist. "If "1 0 they're motivated to get back to enexng severe pain iri her work, that can affect how quicki r ri t shoulder. The , ' ��� � �t� �,f , u � . pain �� ����,� they'll heal." vas so bad that Bennett, 70, k;.< found she couldn't lift her am to Heat and then pressure ut on her coat. If she turned on her arm in her- sleep, the pain was . :a f. When massage therapy is pre . <= .�• ',... <; � a > "- scribed, the first step is to idend Aso sharp it would wake her. fy the patient's trigger points, th Bennett wasn't sure whether '. •. F;: painful, irritated areas in mus- 41he pain was from an old tear ui A �' ¢ < . = Iles, to gauge the condition of d Yro rotator cuff that had flared or patient's muscles and tissues an from something else. the patient's sensitivity to pain, But she was sure she did not Kunkel says. . vant what the shoulder specialist Kunkel usually begins each At her orthopedic surgeon's prac- session.by applying heat — usu. dice suggested: surgery or ste- � � ally. a moist heat pack —for 15 t voids. I -m not one to take pills if � 20 minutes to the affected area. I can help it, and to me, surgery is ` 'a last resort," she says. The heat helps increase the bloc flow, he, explains. "Then I apply Bennett opted instead for pressure to the trigger points foi massage therapy, going once a- Photo by Ed Landrock/7Mc about three to five s econds at a ,Week to an outpatient rehabilita- Olga Bennett, 70, of Allentown, Pa., says massage has helped her return time, working them until the ;lion service in Salisbury T to a more active lifestyle. Shoulder pain used to keep her awake at night muscles relax, circulation im- phip, Pa. At Affinity, a joint ven- proves, and the person feels bet ,tune of Good Shepherd and Le- • .............................................. ............................... , .................. ter." :ed Gene thigh Hospital, she is treat- decent StudleS have shown that in addition Often, massage therapy is ss Gene Kunkel, a certified complemented with stretching Kum a therapist to relieving pain, massage therapy can reduce ph y sical the. h h Kunkel performs medical or exercises and other p apies, Simeon says. therapeutic massage on Ben- • • heart rate, lower blood pressure, increase "I use it in conjunction with `netts shoulder— and the results : other forms of therapy," said Dr. have been impressive, she says. circulation, improve range of 'notion and Brent Millet, of Affinity. "I don't, .. "I'm much better, almost nor- typically prescribe just massage :mal," increase endorphins, which speed healing. y ". therap •: In the astfew ears medical ­­ ` .: ...............:.. The one drawback to massage professionals have begun to rec- therapy, Millet says, is that it's a ogmze the benefits of massage ation and are general -type mas- and the report should be used to passive form of therapy. "You lie ')herapy and are prescribing it for sages," he explains. "Medical determine future treatments. down, and someone does some- . 0h increasingnumber'of condi- massage is being applied for a Midifcal massage treatments thing to you, as opposed to your dons, from arthritis and joint specific condition. Medical mas- can be as often as two or three doing something for yourself. ": _&in to headaches and sinusitis. sage is more problem - focused. times a week or as infrequently as Still, he says, "I think it's help. It can help . conditions that are You'll see a specific area massage once a month, says Carra - Bud - ful as a stepping -stone to get-pa- te or dhromc; says Juanita as opposed to a whole body mas- zek, a certified holistic nurse, tients into more active therapy." 1Qarra- Budzek codirector of the _ sage." yoga instructor and massage Recent studies have shown Stress. Relief Center in Lehigh Medical massages usually in- therapist. that in addition to relieving pain, ; %ownshiP; • PaL which offers a dude a deep, kneading stroke Kunkel says some patients massage therapy can reduce ademazked medical massage- and a friction rub, whereas salon find relief from their back, neck heart rate, lower blood pressure, ,lfherap# designed 'to relieve mus- massages may include long or muscle pain or tingling after increase circulation, improve ular tension, spasms and pain, strokes, kneading and friction on just a few therapeutic massages, range of motion and increase en. F ocus on problem areas more superficial layers of the "I've seen a lot of results after two dorphins, which speed healing, y, muscles, says Simeon. to three sessions," he says. Other _according to the American Mas- , Ike any massage, medical Another difference between patients may need 10 to 12 treat- sage TherapyAssociation, based massage involves holding and salon massages and therapeutic ments before they start feeling in Evanston, M. inanipulating'the soft tissue and massages, Simeon says, is that better. A number of studies also indi- applying pressure. However, medical massage is a treatment, "It all depends on how much cate that massage therapy helps medical massage is different and thus, results are tracked, or damage has been done or how to alleviate stress. Considering from a salon massage, says Dr, at least they should be. much trauma the patient has that 80 percent of disease is Richard Simeon, a Monroe "In a salon, there is really no sustained," Kunkel says. "Sorge- stress - related, massage therapy County (Pa.) chiropractor who tracking of a person's com- one who comes in with a chronic can be beneficial for almost any teaches medical massage at the plaints, although they don't nec- problem he's had for two, five or disease, says Sandra McLanahan Health Options Institute in essarily have complaints if 10 years is going to be tougher to a family practitioner in Bucking - Northampton, Pa. they're going to a salon. In a treat." ham, Va., and spokeswoman for "The types of massages you'll medical setting, there is report- The patient's attitude toward the American Massage Therapy get in salons are more for relax- ing of how a person progresses," the success of the treatment also Association. �f Brook Office of the City Clerk C o n Center 311 A reat lace to start. A eat lace to stay. g P � . ' P y MEMORANDUM TO: Michael I McCauley, City Manager FROM: Sharon Knutson, City Clerk DATE: August 14, 2000 SUBJECT: Comparison of Crystal and Brooklyn Center Massage Ordinances Maria Rosenbaum drafted a side -by -side comparison of the massage ordinance for Crystal and Brooklyn Center. It is attached for your review. Attachment 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer Ordinance Comparison City of Crystal's Therapeutic Massage City of Brooklyn Center's Massage Parlors The City of Crystal finds that persons who have recognized and The City of Brooklyn Center finds it necessary to provide for the standardized training in therapeutic massage, health, and special and express regulation of businesses or commercial hygiene provide a legitimate and necessary service to the general enterprises which offer massages to the general public in order public; health and sanitation regulations governing therapeutic to protect the public health, safety and welfare, and to guard massage enterprises and massage therapists will minimize the against the inception and transmission of disease. The City of risk of the spread of communicable diseases and promote health Brooklyn Center also finds that commercial enterprises offering and sanitation; license qualifications for therapeutic massage massages are susceptible of operation in a manner contravening, enterprises and massage therapists will minimize the risk that subverting, and endangering the morals of the community, thus, such businesses and persons may facilitate prostitution and other requiring close inspection, licensing, and regulation. criminal activity in the city; and massage services provided by persons without recognized and standardized training in massage The City of Brooklyn Center states that the number of massage can endanger citizens by facilitating the spread of communicable parlor licenses issued pursuant to this ordinance or the number diseases, by exposing citizens to unhealthy and unsanitary of sauna licenses issued pursuant to Chapter 23 -1600, which conditions, and by increasing the risk of personal injury. may be in force at any one time, either licensing massage parlors, sauna parlors, or any combination thereof, shall be no "Massage" is defined as rubbing, stroking, kneading, tapping or more than a total of three such licenses. rolling of the body of another person with the hands for the purpose of physical fitness, health -care referral, relaxation, and "Massage" is defined as rubbing, stroking, kneading, tapping or for no other purpose. rolling of the body of another with the hands for the exclusive purpose of physical fitness, relaxation, beautification, and for no "Operate" means to own, manage or conduct, or to have control, other purpose. charge, or custody over. "Masseur" means a male person who practices or administers "Therapeutic Massage Enterprise" means a place of business massage. providing massage services to the public for consideration: the term does not include a hospital, sanitarium, rest home, nursing "Masseuse" means a female person who practices or administers home, boarding home or other institution for the hospitalization massage. or care of other human beings duly licensed under the provisions of Minnesota Statutes, Sections 144.50 through 144.69. "Certificate" means a certificate issued by the City authorizing the holder thereof to practice or administer massage in the City "Therapeutic Massage Therapist" means a person who practices of Brooklyn Center. or administers massage to the public for consideration. 1 A therapeutic massage enterprise license is required to operate, A massage establishment license is required to engage in the offer, engage in or carry on massage services. business of operating a massage parlor or establishment. It is unlawful to practice, administer, or provide massage No person shall engage in the practice of massage nor administer services without a therapeutic massage therapist license. or practice massage commercially or for hire, or for the exchange of any valuable consideration without having obtained There are exemptions for therapeutic massage enterprise licenses a massage certificate (except any person who is currently and massage therapist licenses. registered by the State Board of Medical Examiners). A general rule is the owner or operator of a licensed therapeutic massage enterprise may employ only licensed therapeutic massage therapists to provide massage services. The owner or operator of a licensed therapeutic massage enterprise need not be licensed as a therapeutic massage therapist unless that owner or operator personally provides massage services. Annual license fee for a massage enterprise is $100. An Annual license fee for a massage establishment is $3,000. An investigation fee of $100 is charged for therapeutic massage investigation fee of $1,500 is required with application. In the enterprise licenses. event an application is denied or the license once issued is revoked, canceled, or surrendered, no part of the annual license Annual license fee for massage therapist is $50. fee or investigation fee shall be returned unless by express action of the City Council. The application for therapeutic massage enterprise will be verified by the City Manager and within 90 days of receipt of a Annual license fee for massage certificate application is $50. complete application and fee make a written recommendation to An investigation fee of $1,500 is required with application. In the City Council as to issuance or nonissuance of the license. the event an application is denied or the license once issued is revoked, canceled, or surrendered, no part of the annual license The application for therapeutic massage therapist will be granted fee or investigation fee shall be returned unless by express action or denied within 90 days of receipt of a complete application of the City Council. and fee. If applicant is denied, notice will be sent to the applicant informing them of the right to appeal within 20 days. Both massage establishment and massage certificate applications If an appeal is properly made, the matter will be placed on the will be reviewed by the Police Department, Planning and next City Council agenda. Inspection Department, Health Department, and such other departments as the City Manager shall deem necessary. Recommendation for approval or denial will be made to the City Council. Any appeals shall be before the City Council . I 2 A therapeutic massage enterprise license may not be issued to an There are several conditions governing issuance of a massage individual who: establishment license and issuance of the certificate which are as follows: ♦ is a minor at the time the application is filed; ♦ has been convicted of any crime directly related to the No license shall be issued if the applicant or any of its occupation licensed; owners, managers, employees, agents or interested ♦ is not of good moral character or repute; parties is a person of bad repute. ♦ is not the real parry in interest of the enterprise; ♦ has misrepresented or falsified information on the license Licenses shall be issued only if the applicant and all of application. its owners, managers, agents, employees or interested parties are free of convictions for offenses which involve A therapeutic massage therapist license may not be issued to a moral turpitude or which relate directly to such person's person who could not qualify for a therapeutic massage ability, capacity or fitness to perform the duties and enterprise license or who is not affiliated with, employed by, or discharge the responsibilities of the licensed activity. does not hold a therapeutic massage enterprise license. Licenses shall be issued only to applicants who have not, A therapeutic massage enterprise may not be licensed if the within one year prior to the day of application, have been enterprise is located on property on which taxes, assessments or denied licensure, have had a license revoked or other financial claims to the State, County, School District, or suspended in or by any community or political City are due and delinquent. In the event a suit has been subdivision or the State of Minnesota and whose owners, commenced under Minnesota Statutes, Sections 278.01 - 278.13, managers, or any interested parries have not been questioning the amount of validity of taxes, the City Council similarly denied, revoked, or suspended. may on application waive strict compliance with this provision; no waiver may be granted, however, for taxes or any portion Licenses shall be issued only to applicants who have thereof, which remain unpaid for a period exceeding one year answered fully and truthfully all of the information after becoming due. requested in the application, who have paid the full license fee and fee for investigation and have cooperated A therapeutic massage enterprise may not be licensed if the fully and truthfully with the City in the review of the location of such enterprise is not in conformance with Section application. 515 (Appendix I- Zoning) of this Code. If the applicant is a natural person, a license shall be granted only if such person is 18 years of age or older. 3 Licenses may only be granted when in complete conformity with the zoning code of the City of Brooklyn Center. No license shall be granted for any premises which is within 300 feet of, or in the same building as, or on the same legally subdivided lot, piece or parcel of land as a currency exchange operation, secondhand goods dealer, pawn shop, tattoo or body piercing establishment, another massage parlor, school, day care center, church, hospital, on -sale liquor establishment, halfway house, theater or residence. Licenses shall be granted only to establishments which can meet the safety, sanitary and building code requirements of the City. A license shall not be granted if granting the license (a) would be inconsistent with the comprehensive development plans of the City, or (b) would otherwise have a detrimental effect upon other property or properties in the vicinity. Certificates shall be issued only to persons of good repute and persons who are in good health and free from any communicable diseases which would disqualify the applicant from engaging in the practice of massage. Certificates shall be issued only to persons free of convictions of offenses which involve moral turpitude or which relate directly to the person's ability, capacity, or fitness to perform the duties and discharge the responsibility of the occupation. Certificates shall not be issued to persons who, within one year prior to the date of application, have been denied certification or who has had his or her certificate revoked or suspended in or by any political subdivision, 4 Certificates shall be issued only to persons who have fully and truthfully answered all of the information requested in the application and have paid the full certification fee and certification investigation fee. Certificates shall be issued only to persons 18 years of age or older. I 5 Licensing restrictions include the following: Restrictions and regulations include the following: License issued must be posted in a conspicuous place on No licensee shall employ any person as a masseur or the premises for which it is used. A person licensed as a masseuse without first insuring that said employee therapeutic massage therapist must have in possession a possesses a valid certificate for the administration or copy of the license when services are being rendered. practice of massage. License is effective only for the compact and contiguous The licensed premises, shall not be open or in operation space specified in the approved license application. If between the hours of .11:00 p.m. and 8:00 a.m. on the the license premises is enlarged, altered, or extended, the succeeding day nor shall any person engaged in the licensee must inform the City Manager. practice of massage be on said premises or perform any massage or administer any such services between the A licensed therapeutic massage therapist may perform hours of 11:00 p.m. and 8:00 a.m. on the succeeding day. on -site massage at a business, public gatherhig, private home, or other site not on the therapeutic massage The licensee, masseuse, or masseur and any persons in enterprise premises. their employ or agents or officers thereof and any and all persons with an interest in said business shall comply A license issued is for the person or the premises named with all applicable ordinances, regulations and laws of on the approved license application. Transfer of license the City of Brooklyn Center, the State of Minnesota, and from place to place or from person to person is not the United States government. permitted: If the licensee is a partnership or corporation, the A therapist must require that the person who is receiving applicant shall designate a person to be manager and in the massage will at all times have that person's breasts, responsible charge of the business. Such person shall buttocks, anus, and genitals covered with non - transparent remain responsible for the conduct of the business until material clothing. A therapist performing massage must another suitable person has been designated in writing by have the therapist's breasts, buttocks, anus, and genitals the licensee. The licensee shall promptly notify the covered with a non - transparent material or clothing. Police Department in writing of any such change indicating the name, address and telephone number of A therapist may not intentionally massage or offer to the new manager and the effective date of such change. massage the penis, scrotum, mops veneris, vulva or vaginal area of a person. The licensee shall permit and allow the inspection of the premises during business hours by any and all appropriate City employees and agents. 6 The licensed premises must be kept and maintained in a sanitary condition defined as being free from the vegetative cells of pathogenic microorganisms and all equipment, personal property, tables, beds, towels, clothing and the like used in or for the purpose of massage shall also be maintained in a sanitary condition as defined herein. Any person acting as a masseur or masseuse shall have his or her certificate displayed in a prominent place at his place of employment and upon demand by any police officer or other authorized officer or agent of the City of Brooklyn Center, any person engaged in practicing massage shall identify himself or herself giving his or,her true legal name, correct address and phone number. No person under 18 years of age shall be permitted upon or allowed to be employed or to serve in any establishment licensed under the provision of this ordinance. Any person practicing massage within the City of Brooklyn Center shall initially advise the City of his or her address and telephone number and shall further advise the City of any changes in address or telephone number within thirty (30) days of such change. Any person practicing massage within the City may do so only at premises which are licensed for the conduct of such business as herein provided and further any person practicing massage shall inform the City of any changes in employment or the location of his employment within the City within seven (7) days after such change. It is unlawful for a masseur to practice massage upon any person except a male and for a masseuse to practice 7 Any masseur or masseuse practicing massage shall have the upper and lower parts of his or her body covered and completely clothed by a nontransparent uniform or cloth at all times. Every person to whom a certificate is issued shall appear personally at the Police Department to receive delivery of the certificate and upon such appearance, shall be photographed and fingerprinted for identification purposes. One copy of the photographs shall be permanently affixed to the certificate and a second copy thereof shall be kept in the files of the Police Department. Each licensee shall keep on the licensed premises and for each licensed premises an occupancy or guest register which shall contain the true correct name, address and phone number of each patron of the licensed premises. Each licensee, his employees, masseurs, masseuses, or agents of them shall require each patron to identify himself by such sufficient identification showing the true correct name, address and phone number of said patron. The occupancy register or guest register shall be maintained on the licensed premises and open for inspection by officers, employees and agents of the City of Brooklyn Center, the State of Minnesota or the United States government and must be maintained for a period of not less than two years. 8 Restrictions regarding sanitation and health include the Construction and maintenance requirements include: following: Each licensed premises shall have a separate restroom A therapeutic massage enterprise must be equipped with and separate locker room for members of each sex. adequate and conveniently located toilet rooms for the accommodation of its employees and patrons. The toilet All massage rooms, restrooms and bathrooms used in room must be well ventilated by natural or mechanical connection therewith shall be constructed of materials methods, be enclosed with a door, be kept clean and in which are impervious to moisture, bacteria, mold or good. repair, and be fully and adequately illuminated. fungus growth and shall be maintained in a sanitary condition defined as being completely free from the A therapeutic massage enterprise must provide single- vegetative cells of pathogenic microorganisms. The service disposal paper or clean linens to cover the floor -to -wall and wall joints shall be constructed to furniture or area on which the patron receives the provide a sanitary cove with a minimum radius of one massage. If the furniture on which a patron receives the inch. All equipment, personal property, beds, towels, massage is made of material impervious to moisture, clothing and the like used in the massage parlor shall be such furniture must be sanitized after each massage. of a sanitary design and kept in a sanitary condition. The therapeutic massage therapist must wash hands and All restrooms shall be provided with mechanical arms with water and soap, anti - bacterial scrubs, alcohol ventilation with two cfin per square foot of floor area, a or other disinfectants prior to and following each hand washing sink equipped with hot and cold running massage service performed, and must be wearing clean water under pressure, sanitary towels and a soap clothing when performing massage services. dispenser. Massage furniture on which the patron receives the All rooms in the licensed premises including but not massage must have surfaces that can be readily limited to sauna rooms, massage rooms, restrooms, disinfected after each massage. bathrooms, janitor's closet, hallways and reception are shall be illuminated with not less than thirty -foot candles Rooms in a therapeutic massage enterprise must have a of illumination. janitor's closet that provides for the storage of cleaning supplies. Each licensed premises shall have a janitor's closet which shall provide for the storage of cleaning supplies. Such Therapeutic massage enterprises must provide adequate closet shall have mechanical ventilation of two cfin per refuse receptacles that must be emptied as required by square foot of floor area. Such closet shall include a this code. mop sink. 9 Therapeutic massage enterprises must be maintained in Floors, walls and equipment in massage rooms, good repair and sanitary condition and must comply with restrooms and bathrooms must be kept in a state of good the requirements of the Minnesota Indoor Clean Air Act. repair and sanitary at all times. Linen and other materials shall be stored at least twelve inches off the floor. Clean towels, wash cloths and linens must be available for each customer. Individual lockers shall be made available for use by patrons, with each locker having separate keys for locking. Such licensed premises shall provide adequate refuse receptacles which shall be emptied as often as required. The doors to the individual massage rooms shall not be equipped with any locking device nor shall they be blocked or obstructed from either side of the door. No person while, afflicted with any disease in a communicable form or while a carrier of such disease or while afflicted with boils; infected wounds, sores or any acute respiratory infection shall work in or use the services of any public massage room and no person known or suspected of being afflicted with any such disease or condition shall be employed or permitted in such area or capacity. Licenses expire annually on December 31. The license fee will The annual license fee and an investigation fee for the purposes be prorated in 30 -day increments for licenses issued after June of issuing a license shall be as set forth by City Council 30. The City Manager must prepare an application form for the resolution. renewal requiring information for the renewal process. The renewal application must be made no later than November 30. 10 I A license anted under this section may be ended or The license may be revoked, suspended or not renewed by the �' Y suspended revoked by the City Council for the reasons and under the City Council upon recommendation of the City Manager by procedures specified in Chapter X of the code. showing that the licensee, its owners, managers, employees, agents, or any other interested parties have engaged in any of the following conduct: Fraud, deception or misrepresentation in connection with the securing of the license. Habitual drunkenness or intemperance in the use of drugs including but not limited to the use of drugs defined in Minnesota Statutes, Section 618.01, barbiturates, hallucinogenic drugs, amphetamines, Benzedrine, dexedrine or other sedatives, depressants, stimulants or tranquilizers. Conduct inimical to the interests of the public health, safety, welfare and morals. Engaging in conduct involving moral turpitude or permitting or allowing others within their employ or agency to engage in conduct involving moral turpitude or failing to prevent agents, officers or employees in engaging in conduct involving moral turpitude. Failure to fully comply with any requirements of the ordinances of the City of Brooklyn Center regarding, sanitary and safety conditions, zoning requirements, building code requirements or ordinances, the violation of which involves moral turpitude, or failure to comply fully with any requirements of this ordinance. Conviction of an offense involving moral turpitude by any court of competent jurisdiction. Engaging in any conduct which would constitute grounds 11 The licensee may appeal such suspension, revocation or nonrenewal to the City Council. The Council shall consider the appeal at the next regularly scheduled Council meeting on or after ten days from service of the notice of appeal to the City Manager. At the conclusion of the hearing, the Council may order: That the revocation, suspension or nonrenewal be affirmed. That the revocation, suspension or nonrenewal be lifted and that the certificate be returned to the certificate holder. The City Council may base either suspension or issuance of the certificate upon any additional terms, conditions and stipulations which they may, in their sole discretion, impose. Certification may be recommended by the City Manager for revocation or suspension or not renewed by the City Council. for any of the following: Fraud, deception or misrepresentation in connection with the securing of certification. Habitual drunkenness or intemperance in the use of drugs including but not limited to the use of drugs defined in Minnesota Statutes, Section 618.01, barbiturates, hallucinogenic drugs, amphetamines, benzedrine, dexedrine or other sedatives, depressants, stimulants, or tranquilizers. I Conduct inimical to the interests of the public health, safety, welfare or morals. 12 Conviction of an offense involving moral turpitude by any court of competent jurisdiction. The certificate holder may appeal such suspension, revocation or nonrenewal to the City Council. The Council shall consider the appeal at the next regularly scheduled Council meeting on or after ten (10) days from service of the notice of appeal to the City Manager. At the conclusion of the hearing the Council may order: That the revocation, suspension or nonrenewal be affirmed. That the revocation, suspension or nonrenewal be lifted and that the certificate be returned to the certificate holder. The City Council may base either suspension or issuance of the certificate upon any additional terms, conditions and stipulations which they may, in their sole discretion, impose. The City Manager may issue a temporary therapeutic massage therapist license as provided in this subsection to a person who is qualified to hold a massage therapist license under this section; and has completed the required application and paid the license fee at least seven days prior to the effective date of the license. A temporary license is effective for four consecutive days. A person may not be issued more than three temporary licenses in any period of 360 consecutive days. All other provisions of this section apply to the temporary license. . A licensed therapeutic massage enterprise may not operate for business between the hours of 9:00 p.m. and 7:00 a.m. 13 No employer shall employ a person to practice or administer massage nor permit, suffer or allow a person to practice or administer massage unless that person has been granted a valid certificate pursuant to this ordinance and every employer shall require that the certification be prominently and openly displayed on the premises in plain view. Every section, provision or part of this ordinance is declared separable from every other section, provision or part to the extent that if any section, provision or part of the ordinance shall be held invalid, such holding shall not invalidate any other section, provision or part thereof. Whoever does any act forbidden by this ordinance or omits or fails to do any act required by this ordinance shall be guilty of a misdemeanor and upon conviction thereof by lawful authority, be punished by a fine not to exceed $700 or imprisonment not to exceed ninety (90) days or both, together with the costs of prosecution. Each day that a violation exists constitutes a separate and distinct offense. Every person who commits or attempts to commit, conspires to commit or aids and abets in the commission of any act constituting a violation of this ordinance or any act, which constitutes an omission and, therefore, a violation of this ordinance, whether individually or in connection with one or more persons or as principal, agent or accessory, shall be guilty of such offense and every person who falsely, fraudulently forcibly or willfully induces, causes, coerces, requires, permits or directs another to violate any of the provisions of this chapter is likewise guilty of such offense. 14 I f' n S�`haren Knutson - 2 000 y packet: gage 27 mal polic doc SD -10. Providing Information to Citizens Issue: To keep the public updated and informed, state law requires local units of government to publish various notification documents in newspapers, and often dictates which newspapers receive cities publication business. The number and variety of documents required to be published and the costs of publication are burdensome. Technological advancements have expanded the ways government can provide information to citizens. In many cases, these new technologies are more efficient and cost effective. Response: Cities should be authorized to take advantage of new technologies to increase the dissemination of information to citizens and potentially lower the associated costs. Specifically, the Legislature should authorize local units of government to designate an appropriate daffy /weekly publication, elect alternative means of communication such as city newsletters, cable television, and the Internet, and expand the use of summaries where information is technical or lengthy. Additionally, the Legislature should eliminate outdated or unnecessary publication requirements. SD - 11. Creating a Minnesota GIS Program Issue: Local governments are finding geographic information systems (GIS) an essential tool for comprehensive land use, real estate, environmental, and other land management information. In many counties, maintenance of official land records has not been automated, creating a barrier to GIS development. In addition, the start-up costs of GIS implementation can be prohibitive. Response: The Legislature should encourage local government implementation of GIS through grants and/or the dedication of a revenue source such as real estate transaction fees. In addition, cities should be involved_ in the development of counts land records modernization plans. SD -12. State Regulation of Massage Therapists Issue. The state does not currently regulate massage therapy, an emerging and rapidly growing profession. In order to control prostitution and to provide for health and sanitation standards, several cities have entered the traditional state domain of health -care licensure by enacting ordinances that require all massage therapists to obtain a local professional license. These ordinances allow local law enforcement officers to differentiate between legitimate massage therapists, who have a city license, and prostitution businesses fronting as massage therapy establishments. The lack of statewide regulation of massage therapists has hampered law enforcement techniques, and has caused problems for cities attempting to regulate an entire health -care profession without any statewide standards.. Currently, 25 states regulate massage therapists 27 L 5heron Knutson - 2000 fnai oli , packet.doc 9e 28 p cY Pa on a statewide level. Statewide regulation of massage therapists would provide a clear set of educational standards that massage therapists must meet, and would provide local law enforcement agencies with an easy tool to distinguish between prostitution and legitimate massage therapy. Statewide regulation would not disturb traditional powers over land use and business licensure. Response: The League supports the statewide regulation of massage therapists in order to aid local law enforcement efforts at controlling prostitution and other criminal activity. SD -13. Private Property Rights and Takings Issue: The Legislature has been introducing an increasing number of bills designed to diminish or control local governments' ability to exercise traditional planning and zoning authority. Legislation to control cities' abilities to perform regulatory acts such as shooting range zoning and amortization received strong support from legislators. In addition, bills have been introduced to codify the property rights section of Minnesota's Constitution. The Federal Swamp Buster /Sod Buster programs, the Army Corps of Engineers' dredge and fill programs, and the State's Wetlands Conservation Act and Community Based Planning Act, appear to be the nexus for much of the property rights and takings legislation Pry• The League supports local governments' ability to balance the rights of private landowners with the interest of the public. However, the League is concerned various legislative initiatives will adversely impact cities in two ways. First, such legislative initiatives undermine the fundamental authority of cities to protect the public health, safety, and welfare of its citizens. Second, if the Legislature acts to codify part of the Minnesota Constitution, an argument may be made that the Legislature intended to create new causes of action against cities. This would encourage more lawsuits and expose cities to the expense of defending those cases. Response: The League encourages the state and federal governments to improve their regulatory programs by eliminating r r w tp rights issues that were caused by the adoption of such laws as the Wetlands Conservation Act or Swamp Buster /Sod Buster. The League opposes legislation that diminishes the ability of cities to act iu the best interests of the health, safety, and welfare of its citizens or that creates the possibility of additional lawsuits against cities. SD -14. Construction Codes Issue: Each year the Legislature addresses construction codes issues that have some impact on local governments. The Legislature mandated bleacher safety legislation and is exploring the idea of having both the fire and building officials approve building permits. 28 08/07/00 12:25 FAX 612 531 1188 CITY OF CRYSTAL 49001 CITY CRYSTAL 4141 Douglas Drive North • Crystal, MN 55422 -1696 ADMINISTRATIVE OFFICE FAQ!: COVER SHEET DATE: 7 ?.P o ll ' TO: AT FAX #: FROM: u SUBJECT: PAGES: (INCLUDING COVER SHEET) If you have any questions and/or concerns, please call 531 -1000. Our fax number is 531 -1188. Thank you! �. 044W44 .f2_ .• / , 0 0 l ei ! !/ /r d� ' w-. I:WDMIMFAx COVER.DOS 08/07/00 12:25 FAX 612 531 1188 CITY OF CRYSTAL 0 002 Crystal City Code 1195.01 (Rev. 1996) Secti.on 1125: Therapeutic Massage (Added, Ord. No. 96 -10, Sec. 1) 1195.01. Findinvs. It is found and determined that: a) persons who have n:cognized and standardized training in therapeutic massage, health and hygiene provide a legitimate and necessary service to the general public; b) health and sanitation regulations governing therapeutic massage enterprises and massage therapists will minimize the risk of the spread of communicable diseases and promote health and sanitation; c) license qualifications for therapeutic massage enterprises and massage therapists will minimize the risk that such businesses and persons may facilitate prostitution and other criminal activity in the city; and d) massage services provided by persons without recognized and standardized training in massage can endanger citizens by facilitating the spread of communicable diseases, by exposing citizens to unhealthy and unsanitary conditions, and by increasing the risk of personal injury. 1195.03: Definitions. Subdivision 1. The terms defined in this section have the meanings given them. �. Subd. 2. "Clean" means the absence of dirt, grease, rubbish, garbage and other offensive, unsightly or extraneous matter. Subd. 3. "In good repo r" means free of corrosion, breaks, cracks, chips, pitting, excessive wear and tear, leaks, obstructions and similar defects. Subd. 4. "Massagge" means the rubbing, stroking, kneading, tapping or rolling of the body of another person Witt* the hands- for the purpose of physical fitness, health -care referral, relaxation and for no other purposi;. Subd. 5. "Operate" meaiis to own, manage or conduct, or to have control, charge or custody over. Subd. 6. "Therapeutic massage enterprise" means a place of business providing massage services to the public for consideration: the term does not include a hospital, sanitarium, rest home, nursing home, boarding; home or other institution for the hospitalization or care of other human beings duly licensed under the provisions of Minnesota Statutes, Sections 144.50 . through 144.69. Subd. 7. "Therapeutic massage therapist" means a person who practices or administers massage to the public for consideration. Subd. 8. "In the city" means pphysical presence as well as telephone referrals such as phone -a- massage operations in which the business premises, although not physically located within the city, serves as a point of assignment of employees who respond to requests for services from in the city. ` 08/07/00 12:26 FAX 612 531 1188 CITY OF CRYSTAL @003 Crystal City Code 1195.05 (Rev. 1996) 1195.05. icense respired. Subdivision 1. Therapeutig mgssaae enterprise,. It is unlawful to operate, offer, engage in or carry on massage services �n the city without a therapeutic massage enterprise license. Subd. 2. 'TllerapPut ma avist license. It is unlawful to practice, administer or provide massage services in the city wt out a therapeutic massage therapist license. 1195.07. xemplions. A therapeutic massage enterprise license or massage therapist license is not require for the following persons and places: a) persons licensed by the state to practice medicine, surgery, osteopathy, chiropractic, physical therapy or podiatry, provided that the massage is administered in the regular course of the medical treatment not provided as part of a separate and distinct massage business; b) persons licensed by the state as beauty culturists or barbers, provided the persons do not hold themselves out as giving massage treatments and provided that massage by beauty culturists is limited to the head hand, neck and feet and the massage by barbers is limited to the head and neck; c) persons working solely under the direction and control of a person duly licensed by the state to practice medicine, surgery, osteopathy, chiropractic, physical therapy or podiatry; d) places licensed or o aerating as a hospital, nursing home, hospice, sanitarium or group home established for hospitalization or medical care; and e) athletic coaches, directors and trainers employed by public or private schools. 1195.09. xetleral rule. The owner or operator of a licensed therapeutic massage enterprise may employ only licensed therapeutic mussage therapists to provide massage services. The owner or operator of a licensed therapeutic: massage enterprise need not be licensed as a therapeutic massage therapist unless that owntx or operator personally provides massage services. 1195.11. License application. Subdivision 1. Therapeutic nlassaee epterorige. The application for a therapeutic massage enterprise license must contain the following information: 1) For all applicants: i) whether the applicant is an individual, corporation, partnership or other form of organization; ii) the legal description of the premises to be licensed together with a plan of the area showing dimensions, location of buildings, street access and parking facilities, iii) the floor number, street number and rooms where the massage services are to be conducted; iv) whether all real estate and personal property taxes that are due and payable for the premises to be licensed have been paid, and if not, the years and amounts that are unpaid; 08/07/00 12:26 FAX 612 531 1188 CITY OF CRYSTAL IM 004 Crystal City Code 1195.11, Subd. 1 v) (Rev. 1996) v) if the application is for premises either planned or under construction or undergoing substantial alteration, the application must be accompanied by preliminary plans showing the design of the proposed premises; if the plans for design are on file with the building inspector, no plans need be submitted; vi) the name and street address of the business if it is to be conducted under a designation, name or style other than the name of the applican.t, and a certified copy of the certificate required by Minnesota Statutes. section 333.02; vii) other in:formation that the city council may require. 2) For applicants who are individuals: i) the name and date of birth of the applicant and applicant's residence address; ii) if the applicant has ever used or been known by a name other than the applicant's name, and if so, the name or names and information concerning the dates and places where used; iii) residence addresses of the applicant during five years preceding the date of application; iv) the type, name and location of every business or occupation the - applicant has been engaged in during the "preceding five years; v) names and addresses of the applicant's employers for the preceding five yew-s; vi) if the applicant has ever been convicted of a felony, crime or violation of an ordinance other than a minor traffic offense; if so, the applicant must furnish information as to the time, place and offense involved in the convictions; vii) if the applicant has ever been engaged in the operation of massage services; if so, the applicant must furnish information as to the name, place and length of time of the involvement in such activity. 3) For applicants that are partnerships: i) the names and addresses of general and limited partners and the information concerting each general partner described in paragraph 2); ii) the managing partners must be designated, and the interest of each general aid limited partner in the business must be disclosed; a true copy of the partnership agreement must be submitted with the application, and if the partnership is required to file a certificate as to a trade :tame under Minnesota Statutes, section 333.02, a certified _i copy of that certificate must be submitted. 08/07/00 12:27 FAX 612 531 1188 CITY OF CRYSTAL @005 Crystal City Code l 195.11, Subd. 2 (Rev. 1996) The license if rued will be in the name of the partnership. 4) For applicants that are corporations: i) the nose of the organization, and if incorporated, the state of incorporation; ii) a true ropy of the certificate of incorporation, and, if a foreign corporation, a certificate of authority as described in Minnesota Statutes section 303.02; iii) the name of the general manager, corporate officers, proprietor, and other parson in charge of the premises to. be licensed, and the information about those persons described in paragraph 2); iv) a list of the persons who own or have a controlling interest in the corporation or organization or who are officers of the corporation or organization, together with their addresses and - the information regarding such persons described in paragraph 2). ` Subd. 2. Therapeutic alsaiather t. An application for a therapeutic- massage therapist license must contain m following information: 1) the applicant's name and address; 2) the applicant's current employer; 3) the applicant's employers for the previous five years, including employer's name, address and dates of employment; 4) the applicant's residence address for the previous five years; 5) the appplicant's social secu -,4 number, date of birth, home telephone number, weight, height, color of eyes and color of hair; 6) if the applicant has ever been convicted of a felony, crime or violation of an ordinance other than a minor traffic offense and, if so, the time, place and offense involved in the convictions; 7) if the applicant has ever used or been known by a name other than the applicants nanse, and if so, the name or names and information concerning dates and places where used; S) evidence that the applicant: a) has cun. insurance coverage over 51,000,000 for professional liability in the practice of massage; b) is affiliated with, employed by or owns a therapeutic massage enterprise licensed by the city; 08/07/00 12:27 FAX 612 531 1188 CITY OF CRYSTAL 11006 Crystal City Code 1195.13 (Rev. 1997) c) has completed 400 hours of certified therapeutic massage training from a recognized school that has been approved by the city manager; or d) has one year of experience practicing massage therapy as established by an affidavit and can document within two years of obtaining the license that the person has completed 400 hours of certified therapeutic massage training from a recognized school; if such documentation cannot be established at the time of license renewal, the license will not be renewed and the person who received the license based upon experience may not receive a license in the future unless the person has the requisite certified hours; 9) other information that the city council may require; 10) the minimum requirement of massage training specified in clause 8, paragraphs c) and d) does not apply to a massage therapist i) employed by an establishmenr licensed for massage on the effective date of Ordinance No. 96 -10 and ii) continuously employed since that date by the licensed establishment. (Added, Ord. No. 97 -6, Sec. 1) 1195.13. ADglication and investigation fees. The fees for a massage enterprise and therapist licenses are set forth in Appendix IV. An investigation fee will be charged for therapeutic massage enterprise licenses. An application for either license must be accompanied by payment in full of the required license and i::ivestigation fees, if applicable. 1195.15. Application verification and consideration. Subdivision 1. Therapeutic massage enterprise license. The city marutger must verify the information supplied on the license application and investigate the background, including the criminal background, of the applicant to assure compliance with this section. Within 90 days of receipt of a complete application and fee for a therapeutic massage enterprise license, the city manager must make a written recommendation to the city council m to issuance or nonissuance of the license. The city council may order additional investigation if it deems it necessary, but must grant or deny the application within 120 days of receipt by the city manager of the complete. application and required fees. Subd. 2. Therapeutic massage therapist license. Within 90 days of receipt of a complete application and fee for a 9herapeutic massage therapist license, the city manager must grant or deny the application. Notice will be sent to. the applicant upon a denial informing the applicant of the right to appeal to the city council within 20 days. If an appeal is properly made, the matter will be placed on the next available city council agenda. 1195.17. Persons ineligible for license. Subdivision 1. Therapeutic massage enterprise license A therapeutic massage enterprise license may not be issued to an individual who: -a) is a minor at the time the application is filed; b) has been convicted of any crime directly related to the. occupation licensed as prescribed by Minnesota Statutes, section 364.03, subdivision 2, and who has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties and responsibilities of a licensee as prescribed by Minnesota Statutes, section 364.03, subdivision 3; C) is not of good moral character or repute; d) is not the real party in. interest of the enterprise; e) has misrepresented or falsified information on the license application. 08/07/00 12:28 FAX 612 531 1188 CITY OF CRYSTAL IM 007 Crystal City Code 1195.17, Subd. 2 (Rev. 1996) Subd. 2. h eu ' • pga theranist)icepise. A therapeutic massage therapist license n w may not be issued to a could not ual perso q i fy for a therapeutic massage enterprise license or who is not (i) affiliated with, (ii) employed by or (iii) does not hold, a therapeutic massage enterprise license. 1195.19. Locations i p nssee tab yy� licensed i the enter rise s lo s c e� S g 1. A therapeutic massage enter on which taxes, assessments or other financial claims to the state, county, school districts or city are due and delinquent. In the event a. suit has been commenced under Minnesota Statutes, sections 278.01- 278.13, questioning the amount or validity of taxes, the city council may on application waive strict compliance with this provision; no waiver may be granted, however, for taxes or any portion thereof, which remain unpaid for a period exceeding one year after becoming due. Subd. 2. Zoning comoli anc . A therapeutic massage enterprise may not be licensed if the Iocation of such enterprise is not in conformance with section 515 (Appendix I- Zoning) of this Code. 1195.21. General license restjictions. Subdivision 1. Posting A therapeutic massage enterprise license issued must be posted in a conspicuous place on the premises for which it is used. A person licensed as a therapeutic-massage therapist must have in possession a copy of the license when therapeutic massage services are being rendered. Subd. 2. Are a. A therapeutic massage enterprise license is effective only for the compact and contiguous space specified in the approved license application. If the licensed premises is enlarged; altered or extended, the licensee must inform the city manager. A licensed therapeutic massage therapist may perform on -site massage at a business, public gathering, private home or other site not on the therapeutic massage enterprise premises. Subd. 3. Transfer. The license issued is for the person Or the premises named on the approved license application. Transfer of a license from place to place or from person to person is not permitted. Subd. 4. Cov fines. The therapist must require that the - person who is - receiving the massage will at all times have that person's breasts, buttocks, anus and genitals covered with non - transparent material or clothing. A thempist rfarming massage must have the therapist's breasts, buttocks, anus and genitals covered wi a non - transparent material or clothing. Subd. 5. " Prohibited mwaagg. A therapist may not intentionally massage or offer to massage the penis, scrotum, mans veneris, vulva or vaginal area of a person. 1195.23. Restrictions regardin ; a ni 't ation and health. Subdivision 1. A therapeutic massage enterprise must be equipped wM adequate and conveniently located toilet rooms for the accommodation of its employees and patrons. The toilet room must be well ventilated by natural or mechanical methods and be enclosed with a door. The toilet room must be kept clean and in good repair and be fully and adequately illuminated. Subd. 2. A therapeutic massage enterprise must provide single - service disposal paper or clean linens to cover the table:, chair, furniture or area on which the patron receives the massage. If the table, chair or hirniiture on which a patron receives the massage is made of material impervious to moisture, such table, chair or furniture must be sanitized after each massage. �.J 08/07/00 12:28 FAX 612 531 1188 CITY OF CRYSTAL 008 Crystal City Code 1195.23, Subd. 3 (Rev. 1996) Subd. 3. The therapeutic massage therapist must wash the therapist's hands and arms cohol or other disinfectants prior to and following with water and soap, anti- bacterial scrubs, al each massage service performed. Subd. 4. Massage tables, chairs or furniture on which the patron receives the massage must have surfaces that can be readily disinfected after each massage. Subd. 5. Rooms in a therapeutic massage enterprise must be fully and adequately illuminated. Subd. 6.. A therapeutic massage: enterprise must have a janitor's closet that provides for the storage of cleaning supplies. Subd. 7. Therapeutic massage enterprises must provide adequate refuse receptacles that must be emptied as required by this cede. Subd. 8. Therapeutic massage enterprises must be maintained in good repair and sanitary condition. Subd. 9. Therapeutic massage: enterprises must comply with the requirements of the Minnesota Indoor Clean Air Act. Subd. 10. A therapeutic massage enterprise the licensed paemaese steps to prevent the .,..J spread of infections and commune diseases Subd. 11. Massage therapists must wear clean clothing when performing massage services. 1195.25. License term: fees; ren;.wals. Licenses expire annually on December 31. The license fee will be prorated in 30 -da:y increments for licenses issued after June 30. The city manager must prepare an application for consideration of the renewal. The renewal g application the manager determines necessary must be made no later than November 30. License fees are set by Appendix IV. 1195.27. Suspension: revocation. A, license granted under this section may be suspended or revoked by the city council for - the reasons and under the procedures specified in Chapter X of the code. 1195.29. Temporary therapist license;. Subdivision 1. The city manager may issue a temporary theraputic massage therapist license as provided in this subsection. Subd. 2. A temporary massage therapist license may be issued to a person who a) is qualified to hold a umsage therapist license under this section; b) has completed the requdred application and paid the license fee at least seven days prior to the effective date of the license. Subd. 3. A temporary , licence is effective for four consecutive days. A person may not be issued more than three temporary licenses in any period of 360 consecutive days. Subd. 4. All other provisior.►s of this section apply to temporary licenses. i 08/07/00 12:29 FAX 612 531 1188 CITY OF CRYSTAL 009 Crystal City Code 1195.31 (Rev. 1996) 1195.31. Hours of oneratio4. A Iii =sed therapeutic massage enterprise may not operate for business between the hours of 9:00 p.1n. and 7:00 a.m. Section 23 -1613. SEPARABILITY. Every section, provision or a part of this ordinance is declared separable from every other section, provision or part to the extent that if any section, provision or a part of the ordinance shall be held invalid, such holdings shall not invalidate any other section, provision or part thereof. Section 23 -1614. PENALTIES. Whoever does any act forbidden by this ordinance or omits or fails to do any act required by this ordinance shall be guilty of a misdemeanor and upon conviction thereof by lawful authority, be punished by a fine not to exceed $700 or imprisonment not to exceed 90 days or both, together with the costs of prosecution. Each day that a violation exists constitutes a separate and distinct offense. Section 23 -1615. LIABILITY FOR THE CRIMES OF ANOTHER. Every person who commits or attempts to commit, conspires to commit or aids and abets in the commission of any act constituting a violation of this ordinance _or any act, which constitutes an omission and, therefore, a violation of this ordinance, whether individually or in connection with one or more persons or as principal, agent, or accessory, shall be guilty of such offense and every person who falsely, fraudulently, forcibly or willfully, induces, causes, coerces, requires, permits or directs another to violate any of the provisions of this chapter is likewise guilty of such offense. MASSAGE PARLORS Section 23 -1700. STATEMENT OF POLICY. The City Council of the City of Brooklyn Center considers it necessary to provide for the special and express regulation of businesses or commercial enterprises which offer massages to the general public in order to protect the public health, safety and welfare and to guard against the inception and transmission of disease. The City Council further finds that commercial enterprises offering massages are susceptible of operation in a manner contravening, subverting and endangering the morals of the community, thus, requiring close inspection, licensing and regulation. The City Council also finds that control and regulation of commercial establishments of these types, in view of the abuses often perpetrated, require intensive efforts by the Police Department, Public Health Sanitarian and other departments of the City and as a consequence, the concentrated use of City services in such control detracts from and reduces the level of service available to the rest of the community, and, thereby diminishes the ability of the City to promote the general health, welfare, morals and safety of the community. In consideration for the necessity on the part of the City to provide, numerous services to all segments of the community, without a concentration of public services in one area working to the detriment of the members of the general public, it is hereby decided that the number of massage parlor licenses issued pursuant to this ordinance or the number of sauna licenses issued pursuant to Chapter 23 -1600, which may be in force at any one time, either licensing massage parlors, sauna parlors, or any combination thereof, shall be no more than a total of three such licenses. City of Brooklyn Center 23 -49 City Ordinance Section 23 -1701. DEFINITIONS. - f 1. The term "massage" means the rubbing, stroking, kneading, tapping or rolling of the body of another with the hands for the exclusive purpose of physical fitness, relaxation, beautification and for no other purpose. 2. The term "masseur" means a male person who practices or administers massage. 3. The term "masseuse" means a female person who practices or administers massage. 4. The term "certificate" as used herein means a certificate issued by the City authorizing the holder thereof to practice or administer massage in the City of Brooklyn Center. Section 23 -1702. MASSAGE DISTINGUISHED. The practice of massage is hereby declared to be distinct from the practice of medicine, surgery, osteopathy, chiropractic, physical therapy, or podiatry and persons duly licensed in this State to practice medicine, surgery, osteopathy, chiropractic, physical therapy or podiatry, nurses who work solely under the direction of any such persons, athletic directors and trainers are hereby expressly excluded from the provisions of this section. Beauty culturists and barbers who do not give, or hold themselves out to give, massage treatments, as defined herein other than is customarily - given in such shops or places of business, for the purpose of beautification only shall be exempt from the provisions of this section. Sectioij 23 -1703. LICENSE AND CERTIFICATE REQUIRED. No person shall engage in the business of operating a massage parlor- or massage establishment either exclusively or in connection with any other business enterprise without being first duly licensed as provided herein. No person shall engage in or hold himself or herself out as being engaged in the practice of massage nor shall any person administer or practice massage commercially or for hire, or for the exchange of any valuable consideration within the City of Brooklyn Center without first having obtained a certificate as herein provided, except any person who is currently registered by the State Board of Medical Examiners. S cti 23 -1704. CONTENTS OF APPLICATION FOR LICENSE. Application for license shall be made only on the forms provided by the City Manager. Four complete copies of the application shall be furnished to the office of the City Manager containing the address and legal description of the property to be used, the names, addresses and phone numbers of the owner, lessee, if any, and the operator or manager, the name, address and telephone number of two persons, who shall be residents of Hennepin County and who may be called upon to attest to the applicant's, manager's or operator's character; whether the applicant, manager or operator has ever been convicted of a crime or offense other than a traffic offense and, if so, complete and accurate information as to the time, place and nature of such crime or offense including the disposition thereof; the names and addresses of all creditors of the applicant, owner, lessee, or manager insofar as and regarding credit which has been extended for the purposes of constructing, equipping, maintaining, operating or furnishing or acquiring the premises, personal effects, equipment or anything incident to the establishment, maintenance and operation of a massage parlor or massage establishment. City of Brooklyn Center 23 -50 City Ordinance If the application is made on behalf of a corporation, joint business venture, partnership or any legally constituted business association, it shall submit along with its application, accurate and complete business records showing the names and addresses of all individuals having an interest in the business, including creditors furnishing credit for the establishment, acquisition, maintenance and furnishings of said business and, in the case of a corporation, the names and addresses of all officers, general managers, members of the board of directors as well as any creditors who have extended credit for the acquisition, maintenance, operation or furnishing of the establishment including the purchase or acquisition of any items of personal property for use in said operation. All applicants shall furnish to the City, along with their applications, complete and accurate documentation establishing the interest of the applicant and any other person, having an interest in the premises upon which the building is proposed to be located or in the furnishings thereof, personal property thereof, or the operation or maintenance thereof. Documentation shall be in the form of a lease, deed, contract for deed, mortgage deed, mortgage, credit arrangement, loan agreements, security agreements and any other documents establishing the interest of the applicant or any other person in the operation, acquisition or maintenance of the enterprise offering a massage. The application shall also contain blueprints , diagrams, plans, layouts and the like showing the construction, revision, remodeling, alteration or additions of or to the premises and specifically showing the layout, design and arrangement of the bathing and restroom facilities and the size and type of equipment and facilities to be used. Section 23 -1705. CONTENTS OF THE APPLICATION FOR CERTIFICATE. Application shall be made only on forms provided by the City Manager. The application shall contain the following information together with any other information which the City Manager may require: 1. Evidence of the applicant's education qualifications, including originals or certified copies of degrees, diplomas or certificates, if any. 2. Evidence of applicant's practical qualifications to practice massage. 3. Evidence that the applicant is of good moral character. 4. The names and addresses of two persons, residents of Hennepin County, who may be referred to as the applicant's character. 5. Whether the applicant has ever been convicted of a crime or offense other than a traffic offense, and if so, information as to the time, place and nature of such crime or offense. 6. Evidence in the form of a current certificate from a licensed physician practicing in Minnesota indicating (a) that within the past 30 days he has examined the applicant, and (b) that such examination was for the purpose of determining whether applicant had any communicable disease and (c) that as a result of such examination he believes that applicant is not suffering from any communicable disease which would disqualify the applicant from engaging in the practice of massage. City of Brooklyn Center 23 -51 City Ordinance Section 23 -17Q6. LICENSE FEE, LICENSE INVESTIGATION FEE AND LICENSE YEAR The annual license fee and an investigation fee for the purposes of issuing a license shall be as set forth by City Council resolution. The license fee and fee for the investigation of the license shall be paid when the application is filed. In the event that the application is denied or in the event that the license, once issued, is revoked, canceled or surrendered, no part of the annual license fee or fee for investigation for the issuance of a license shall be returned to the applicant unless by express action of the City Council. A separate license shall be obtained each year for each place of business. The licensee shall display the license on a prominent place in the licensed premises at all times. A license unless revoked, is for the calendar year or part thereof for which it has been issued. The fee for the investigation for issuance of a license must be tendered with each new application for a license and must also be paid at any time when there is a proposed change of ownership or reapplication for a license wherein additional or different parties other than the original licensee and interested parties are proposing to be licensed. A license for the operation of a massage parlor is nontransferable. Section 23 -1747. CERTIFICATE FEE, CERTIFICATE INVESTIGATION FEE AND CERTIFICATE YEAR. The annual certificate fee and an investigation fee for the purposes of issuing a certificate shall be as set forth by City Council resolution. The certificate fee and fee for the investigation of the certificate shall be paid when the application is filed. In the event that the application is denied or in the event that the certificate, once issued, is revoked, canceled or surrendered, no part of the annual certificate fee or fee for the investigation for the issuance of a certificate shall be returned to the applicant unless by express action of the City Council. A separate certificate shall be obtained each year. The certificate holder shall display the certificate on a prominent place in the premises of the certificate holder at all times. A certificate, unless revoked, is for the calendar year or part thereof for which it has been issued. The fee for the investigation for issuance of a certificate must be tendered with each new application for a certificate and must also be paid at any time when there is a proposed change of ownership or reapplication for a certificate wherein additional or different parties other than the original certificate holder are proposing certification. A certificate permitting the holder thereof to practice massage is nontransferable. Section 23 -1708. GRANTING OR DENIAL OF LICENSES AND CERTIFICATES. License applications and certificate applications shall be reviewed by the Police Department, Planning and Inspection Department, Health Department and such other departments as the City Manager shall deem necessary. The review shall include an inspection of the premises covered by the application to determine whether the premises conforms to all applicable code requirements. Thereafter, licenses and certificates shall be recommended for approval or denial by the City Manager to the City Council, subject to the provisions of this ordinance. Any appeals shall be before the City Council. A license permitting the conduct of a massage parlor or massage establishment. is nonrenewable and nontransferable and application must be made each year for a license, permitting and allowing the conduct of such business for the succeeding year. A certificate permitting the holder thereof to practice or administer massage commercially is nonrenewable and nontransferable and application must be made each year for a certificate permitting and allowing the holder thereof to administer or practice massage for the succeeding year. City of Brooklyn Center 23 -52 City Ordinance Section 23 -1709. CONDITIONS GOVERNING ISSUANCE OF A LICENSE. - 1. No license shall be issued if the applicant or any of its owners, managers, employees, agents or interested parties is a person of bad repute. 2. Licenses shall be issued only if the applicant and all of its owners, managers, agents, employees or interested parties are free of convictions for offenses which involve moral turpitude or which relate directly to such person's ability, capacity or fitness to perform the duties and discharge the responsibilities of the licensed activity. 3. Licenses shall be issued only to applicants who have not, within one year prior to the day of application, have been denied licensure, have had a license revoked or suspended in or by any community or political subdivision or the State of Minnesota and whose owners, managers, or any interested parties have not been similarly denied, revoked, or suspended. 4. Licenses shall be issued only to applicants who have answered fully and truthfully all of the information requested in the application, who have paid the full license fee and fee for investigation and have cooperated fully and truthfully with the City in the review of the application. 5. If the applicant is a natural person, a license shall be granted only if such person is 18 years of age or older. 6. Licenses may only be granted when in complete conformity with the zoning code of the City of Brooklyn Center. No license shall be granted for any premises which is within 300 feet of, or in the same building as, or on the same legally subdivided lot, piece or parcel of land as a currency exchange operation, secondhand goods dealer, pawn shop, tattoo or body piercing establishment, another massage parlor, school, day care center, church, hospital, on -sale liquor establishment, halfway house, theater or residence. 7. Licenses shall be granted only to establishments which can meet the safety, sanitary and building code requirements of the City. 8. A license shall not be granted if granting the license (a) would be inconsistent with the comprehensive development plans of the City, or (b) would otherwise have a detrimental effect upon other property or properties in the vicinity. Section 23 -1710. CONDITIONS GOVERNING ISSUANCE OF THE CERTIFICATE. I. Certificates shall be issued only to persons of good repute and persons who are in good health and free from any communicable diseases which would disqualify the applicant from engaging in the practice of massage. City Brooklyn Center 23 -53 City Ordinance tY f Y tY 2. Certificates shall be issued only to persons free of convictions of offenses which involve moral turpitude or which relate directly to the person's ability, capacity, or fitness to perform the duties and discharge the responsibility of the occupation. 3. Certificates shall not be issued to persons who, within one year prior to the date of application, have been denied certification or who has had his or her certificate revoked or suspended in or by any political subdivision, municipality or by the State of Minnesota. 4. Certificates shall be issued only to persons who have fully and truthfully answered all of the information requested in the application and have paid the full certification fee and certification investigation fee. 5. Certificates shall be issued only to persons 18 years of age or older. Section 23 -1711. RESTRICTIONS AND REGULATIONS. 1. No licensee shall employ any person as a masseur or masseuse without first insuring that said employee possesses a valid certificate for the administration or practice of massage. 2. The licensed premises shall not be open or in operation between the hours of 11:00 p.m. and 8:00 a.m. on the succeeding day nor shall any person engaged in the practice of massage be on said premises or perform any massage or administer any such services between the hours of 11:00 p.m. and 8:00 a.m, on the succeeding day. 3. The licensee, masseuse, or masseur and any persons in their employ or agents or officers thereof and any and all persons with an interest in said business shall comply with all applicable ordinances, regulations and laws of the City of Brooklyn Center, the State of Minnesota, and the United States government. 4. If the licensee is a partnership or corporation, the applicant shall designate a person to be manager and in responsible charge of the business. Such person shall remain responsible for the conduct of the business until another suitable person has been designated in writing by the licensee. The licensee shall promptly notify the Police Department in writing of any such change indicating the name, address and telephone number of the new manager and the effective date of such change. 5. The licensee shall permit and allow the inspection of the premises during business hours by any and all appropriate City employees and agents. 6. The licensed premises must be kept and maintained in a sanitary condition defined as being free from the vegetative cells of pathogenic microorganisms and all equipment, personal property, tables, beds, towels, clothing and the like used in or for the purpose of massage shall also be maintained in a sanitary condition as defined herein. City of Brooklyn Center 23 -54 City Ordinance 7. Any person acting as a masseur or masseuse shall have his or her certificate displayed in a prominent place at his place of employment and upon demand by any police officer or other authorized officer or agent of the City of Brooklyn Center, any person engaged in practicing massage shall identify himself or herself giving his or her true legal name, correct address and phone number. 8. No person under 18 years of age shall be permitted upon or allowed to be employed or to serve in any establishment licensed under the provision of this ordinance. 9. Any person practicing massage within the City of Brooklyn Center shall initially advise the City of his or her address and telephone number and shall further advise the City of any changes in address or telephone number within thirty (30) days of such change. 10. Any person practicing massage within the City may do so only at premises which are licensed for the conduct of such business as herein provided and further any person practicing massage shall inform the City of any changes in employment or the location of his employment within the City within seven (7) days after such change. 11. It is unlawful for a masseur to practice massage upon any person except a male and for a masseuse to practice massage on any person except a female. 12. Any masseur or masseuse practicing massage shall have the upper and lower parts of his or her body covered and completely clothed by a nontransparent uniform or cloth at all times. 13. Every person to whom a certificate is issued shall appear personally at the Police Department to receive delivery of the certificate and upon such appearance, shall be photographed and fingerprinted for identification purposes. One copy of the photographs shall be permanently affixed to the certificate and a second copy thereof shall be kept in the files of the Police Department. 14. Each licensee shall keep on the licensed premises and for each licensed premises an occupancy or guest register which shall contain the true correct name, address and phone number of each patron of the licensed premises. Each licensee, his employees, masseurs, masseuses, or agents of them shall require each patron to identify himself by such sufficient identification showing the true correct name, address and phone number of said patron. The occupancy register or guest register shall be maintained on the licensed premises and open for inspection by officers, employees and agents of the City of Brooklyn Center, the State of Minnesota or the United States government and must be maintained for a period of not less than two Y ears. City of Brooklyn Center 23 -55 City Ordinance I i t I REQUIREMENTS. Section 23 -1712. CONSTRUCTION AND MAINTENANCE RE - 4 Q 1. Each licensed premises shall have a separate restroom and separate locker room for members of each sex. 2. All massage rooms, restrooms and bathrooms used in connection therewith shall be constructed of materials which are impervious to moisture, bacteria, mold or fungus growth and shall be maintained in a sanitary condition defined as being completely free from the vegetative cells of pathogenic microorganisms. The floor -to -wall and wall joints shall be constructed to provide a sanitary cove with a minimum radius of one inch. All equipment, personal property, beds, towels, clothing and the like used in the massage parlor shall be of a sanitary design and kept in a sanitary condition. 3. All restrooms shall be provided with mechanical ventilation with two cfin per square foot of floor area, a hand washing sink equipped with hot and cold running water under pressure, sanitary towels and a soap dispenser. 4. All rooms in the licensed premises including but not limited to sauna rooms, massage rooms, restrooms, bathrooms, janitor's closet, hallways and reception are shall be illuminated with not less than thirty-foot candles of illumination. 5. Each licensed premises shall have a janitor's closet which shall provide for the storage of cleaning supplies. Such closet shall have mechanical ventilation of two cfm per square foot of floor area. Such closet shall include a mop sink. 6. Floors, walls and equipment in massage rooms, restrooms and bathrooms must be kept in a state of good repair and sanitary at all times. Linen and other materials shall be stored at least twelve inches off the floor. Clean towels, wash cloths and linens must be available for each customer. 7. Individual lockers shall be made available for use by patrons, with each locker having separate keys for locking. 8. Such licensed premises shall provide adequate refuse receptacles which shall be emptied as often as required. 9. The doors to the individual massage rooms shall not be equipped with any locking device nor shall they be blocked or obstructed from either side of the door. Section 23 -1713. HEALTH AND DISEASE CONTROL. No person while afflicted with any disease in a communicable form or while a carrier of such disease or while afflicted with boils, infected wounds, sores or any acute respiratory infection shall work in or use the services of any public massage room and no person known or suspected of being afflicted with any such disease or condition shall be employed or permitted in such area or capacity. City of Brooklyn Center 23 -56 City Ordinance t < Section 23 -1714. REVOCATION, SUSPENSION OR NONRENEWAL OF LICENSE. The license may be revoked, suspended or not renewed by the City Council upon recommendation of the City Manager by showing that the licensee, its owners, managers, employees, agents, or any other interested parties have engaged in any of the following conduct: 1. Fraud, deception or misrepresentation in connection with the securing of the license. 2. Habitual drunkenness or intemperance in the use of drugs including but not limited to the use of drugs defined in Minnesota Statutes, Section 618.01, barbiturates, hallucinogenic drugs, amphetamines, benzedrine, dexedrine or other sedatives, depressants, stimulants or tranquilizers. 3. Conduct inimical to the interests of the public health, safety, welfare and morals. 4. Engaging in conduct involving moral turpitude or permitting or allowing others within their employ or agency to engage in conduct involving moral turpitude or failing to prevent agents, officers or employees in engaging in conduct involving moral turpitude. 5. Failure to fully comply with any requirements of the ordinances of the City of Brooklyn Center regarding sanitary and safety conditions, zoning requirements, building code requirements or ordinances, the violation of which involves moral turpitude, or failure to comply fully with any requirements of this ordinance. 6. Conviction of an offense involving moral turpitude by any court of competent jurisdiction. 7. Engaging in any conduct which would constitute grounds for refusal to issue a license herein. The licensee may appeal such suspension, revocation or nonrenewal to the City Council. The Council shall consider the appeal at the next regularly scheduled Council meeting on or after ten days from service of the notice of appeal to the City Manager. At the conclusion of the hearing, the Council may order: 1. That the revocation, suspension or nonrenewal be affirmed. 2. That the revocation, suspension or nonrenewal be lifted and that the certificate be returned to the certificate holder. 3. The City Council may base either suspension or issuance of the certificate upon any additional terms, conditions and stipulations which they may, in their sole discretion, impose. City of Brooklyn Center 23 -57 City Ordinance Section 23 -1715. REVOCATION, SUSPENSION OR NONRENEWAL OF CERTIFICATES. Certification may be recommended by the City Manager for revocation or suspension or not renewed by the City Council for any of the following: 1. Fraud, deception or misrepresentation in connection with the securing of certification. 2. Habitual drunkenness or intemperance in the use of drugs including but not limited to the use of drugs defined in Minnesota Statutes, Section 618.01, barbiturates, hallucinogenic drugs, amphetamines, benzedrine, dexedrine or other sedatives, depressants, stimulants, or tranquilizers. 3. Conduct inimical to the interests of the public health, safety, welfare or morals. 4. Engaging in conduct involving moral turpitude. 5. Failure to fully comply with the requirements of this ordinance. 6. Conviction of an offense involving moral turpitude by any court of competent jurisdiction. The certificate holder may appeal such suspension, revocation or nonrenewal to the City Council. The Council. shall consider the appeal at the next regularly scheduled Council meeting on or after ten, (10) days from service of the notice of appeal to the City Manager. At the conclusion of the hearing the Council may order: 1. That the revocation, suspension or nonrenewal be affirmed. 2. That the revocation, suspension or nonrenewal be lifted and that the certificate be returned to the certificate holder. 3. The City Council may base either suspension or issuance of the certificate upon any additional terms, conditions and stipulations which they may, in their sole discretion, impose. Sectio 23 -1716. PROHIBITED ACTS. No employer shall employ a person to practice or administer massage nor permit, suffer or allow a person to practice or administer massage unless that person has been granted a valid certificate pursuant to this ordinance and every employer shall require that the certification be prominently and openly displayed on the premises in plain view. City of Brooklyn Center 23 -58 City Ordinance Section 23 -1718. SEPARABILITY. Every section, provision or part of this ordinance is declared separable from every other section, provision or part to the extent that if any section, provision or part of the ordinance shall be held invalid, such holding shall not invalidate any other section, provision or part thereof. Section 23 -1719. PENALTIES. Whoever does any act forbidden by this ordinance or omits or fails to do any act required by this ordinance shall be guilty of a misdemeanor and upon conviction thereof by lawful authority, be punished by a fine not to exceed $700 or imprisonment not to exceed ninety (90) days or both, together with the costs of prosecution. Each day that a violation exists constitutes a separate and distinct offense. Section 23 -1720. LIABILITY FOR THE CRIMES OF ANOTHER Every person who commits or attempts to commit, conspires to commit or aids and abets in the commission of any act constituting a violation of this ordinance or any act, which constitutes an omission and, therefore, a violation of this ordinance, whether individually or in connection with one or more persons or as principal, agent or accessory, shall be guilty of such offense and every person who falsely, fraudulently forcibly or willfully induces, causes, coerces, requires, permits or directs another to violate any of the provisions of this chapter is likewise guilty of such offense. RAP PARLORS. CONVERSATION PARLORS. ADULT ENCOUNTER GROUPS. ADULT SENSITIVITY GROUPS. ESCORT SERVICES. MODEL SERVICES. DANCING SERVICES. OR HOSTESS SERVICES Section 23 -1800. STATEMENT OF POLICY. The City Council of the City of Brooklyn Center deems it necessary to provide for the special and express regulation of businesses or commercial enterprises which operate as rap .parlors, conversation parlors, adult sensitivity groups, adult encounter groups, escort services, model services, dancing services or hostess services in order to protect the public health, safety and welfare and to guard against the inception and transmission of disease. The City Council further finds that commercial enterprises as the type described above are susceptible of operation in a manner contravening, subverting or endangering the morals of the community, thus, requiring close inspection, licensing and regulation. The City Council also finds that control and regulation of commercial establishments of these types, in view of the abuses often perpetrated, requires intensive efforts by the Police Department, Public Health Sanitarian and other departments of the City and, as a consequence, the concentrated use of City services in such control detracts from and reduces the level of services available to the rest of the community and thereby diminishes the ability of the City to promote the general health, welfare, morals and safety of the community. In consideration for the necessity on the part of the City to provide numerous services to all segments of the community, without a concentration of public services in one area to work to the detriment of members of the general public, it is hereby decided that the number of licenses issued pursuant to this City of Brooklyn Center 23 -59 City Ordinance