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HomeMy WebLinkAbout1997 02-10 CCP Regular Session Public Copy CITY COUNCIL AGENDA • CITY OF BROOKLYN CENTER February 10, 1997 7 p.m. 1. Call to Order 2. Roll Call 3. Invocation -Pastor Judy Fornara 4. Council Report 5. Approval of Agenda and Consent Agenda -The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes Councilmembers not present at meetings will be recorded as abstaining from the vote on the minutes. 1. January 13, 1997 - Regular Session b. Resolution Setting Special Assessment and Internal Loan Interest Rates for the Year 1997 C. Approval of League of Minnesota Cities Insurance Trust to Provide Long Term Disability Insurance for the Cafeteria Benefit Plan d. Resolution Approving Issuance of Class B and Sunday On -Sale Intoxicating Liquor License to TGI Friday's of Minnesota, Inc. DBA/T.G.I. Friday's e. Resolution Approving the Amendment and Restatement of the City of Brooklyn Center Health Care and Dependent Day Care Expense Reimbursement Plan £ Resolution Accepting Bid and Awarding Contract, Improvement Project No. 1997 -07, Contract 1997 -A, Replacement of Underground Storage Tanks and Fuel System, Central Garage g. Resolution Approving Change Order No. 2, Improvement Project Nos. 1996 -01, 02, • and 03, Contract 1996 -B, Orchard Lane East Street, Storm Drainage, and Utility Improvements CITY COUNCIL AGENDA -2- February 10, 1997 h. Licenses 6. Open Forum 7. Council Consideration Items a. Request from Earle Brown Days Committee - Requested Council Action: -Defer until February 24, 1997. b. Resolution Calling for a Public Hearing on Proposed Use of 1997 Urban Hennepin County Community Development Block Grant Fund s ty t3' P - Requested Council Action: - Motion to adopt resolution. C. An Ordinance Granting to Northern States Power Company, a Minnesota Corporation, Its Successors and Assigns, Permission to Construct, Operate, Repair and Maintain in the City of Brooklyn Center, Minnesota, an Electric Distribution System and Transmission Lines, Including Necessary Poles, Lines, Fixtures and Appurtenances, for the Furnishing of Electric Energy to the City, Its Inhabitants, and Others, and to Use the Public Ways and Public Grounds of the City for Such' Purposes -This item represents the renewal of NSP's franchise agreement with the City, and is ht for P resented tonight a first reading. g - Requested Council Action: - Motion to approve first reading of ordinance and set March 10, 1997, for public hearing and second reading. d. An Ordinance Amending Chapters 35, 19, and 7 of the City Ordinances Relating to the Public Health, Safety, Morals and General Welfare: Adult Establishments - Requested Council Action: - Motion to approve first reading of ordinance and set March 10, 1997, for public hearing and second reading. e. Resolution Accepting Engineer's Feasibility Report and Calling for a Public Hearing, Improvement Project Nos. 1997 -04, 05, and 06, France Avenue, 69th Avenue to North City Limits, Street, Storm Drainage, and Utility Improvements - Requested Council Action: - Motion to adopt resolution. f. Discussion Regarding Meeting Periodically with Osseo School District - Requested Council Action: - Council discussion. S. Adjournment CITY COUNCIL AGENDA -3- February 10, 1997 • EDA AGENDA CITY OF BROOKLYN CENTER February 10, 1997 7 p.m. 1. Call to Order 2. Roll Call 3. Approval of Agenda -The following items are considered to be routine by the Economic Development Authority and will be enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests, in which event the item will be removed from the consent agenda and considered at the end of Commission Consideration Items. a. Approval of Minutes - Commissioners not present at meetings will be recorded as abstaining from the vote on the minutes. 1. January 13, 1997 - Regular Session • 4. Commission Consideration Items a. Resolution Authorizing Submittal of a Request for Proposal Under the 1997 Minnesota City Participation Program (MCPP) -Requested Commission Action: - Motion to adopt resolution. b. Resolution Authorizing Acquisition, Establishing Offer of Just Compensation, Authorizing Negotiation and Execution of Purchase Agreement, Authorizing Payment for Acquisition, Closing Costs and Relocation Claims for Various Properties Located in the 53rd Avenue Development and Linkage Project - Requested Commission Action: - Motion to adopt resolution. 5. Adjournment • DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL • OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JANUARY 13, 1997 CITY HALL City Clerk Sharon Knutson administered the oaths of office to Councilmembers Kay Lasman and Robert Peppe. CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Myrna Kragness at 7:02 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Debra Hilstrom, Kay Lasman, and Robert Peppe. Also present: City Manager Michael J. McCauley, Public Services Director Diane Spector, City Attorney Charlie LeFevere, and Council Secretary LeAnn Larson. • MOMENT OF SILENCE A moment of silence was observed. COUNCIL REPORT Councilmember Carmody reported that she will be sending a memo regarding the League of Minnesota Cities summer conference dates. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Hilstrom requested items 5.d. and 5.e. be removed from the consent agenda and placed at the end of Council Consideration Items for discussion, and to add item 9.o. Discussion on Pawn Shop Moratorium to the agenda. Councilmember Carmody requested to move items 9.a., 9.b., and 9.c. to the beginning of the agenda. A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to approve the agenda and consent agenda as amended passed unanimously. e 1/13/97 _1_ DRAFT RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF KRISTEN MANN FOR HER DEDICATED PUBLIC SERVICE AS COUNCIL MEMBER • Mayor Kragness noted that Kristen Mann served as a member of the Brooklyn Center City Council from January 1, 1993, through December 31, 1996. Ms. Mann was recognized for her public service and civic effort for the betterment of the community. (Ms. Mann was unable to be present.) RESOLUTION NO. 97 -01 Member Hilstrom introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF KRISTEN MANN FOR HER DEDICATED PUBLIC SERVICE AS COUNCIL MEMBER The motion for the adoption of the foregoing resolution was duly seconded member p g g on b memb Y Y Carmody and passed unanimously. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF CHARLES F NIC OLS SR. , FOR HIS DEDICATED PUBLIC SERVICE AS COUNCIL MEMBER Mayor Kragness noted that Charles F. Nichols, Sr., served as a member of the Brooklyn Center City Council from March 26, 1996, through December 31, 1996. Mr. Nichols was recognized • for his public service and civic effort for the betterment of the community. RESOLUTION NO. 97-02 Member Hilstrom introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF CHARLES F. NICHOLS, SR., FOR HIS DEDICATED PUBLIC SERVICE AS COUNCIL MEMBER The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF ARNOLD MAVIS FOR HIS DEDICATED PUBLIC SERVICE Mayor Kragness noted that Arnold Mavis has been an employee of the City of Brooklyn Center, Recreation Division, from October 6, 1969, to January 17, 1997. Mr. Mavis was recognized for his dedicated public service and civic effort for the betterment of the community. (Mr. Mavis was unable to be present.) 1/13/97 -2- • DRAFT RESOLUTION NO. 97-03 • Member Carmody ntroduced the following resolution and moved its ad y g option: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF ARNOLD MAVIS FOR HIS DEDICATED PUBLIC SERVICE The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. A motion by Councilmember Carmody and seconded by Councilmember Lasman to recess at 7:10 p.m. in recognition of the honorees passed unanimously. The Council meeting reconvened at 7:25 p.m. APPROVAL OF MINUTES A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to approve minutes of the December 4, 1996- -Truth in Taxation; December 9, 1996- -Joint Meeting with Planning Commission; December 16, 1996 -- Regular Session; and December 20, 1996 -- Special Session as printed passed unanimously. • RESOLUTION NO. 97-04 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING OFFICIAL NEWSPAPER The motion for the adoption of the foregoing resolution was duly seconded by member Hilstrom and passed unanimously. RESOLUTION NO. 97 -05 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING DEPOSITORIES OF CITY FUNDS The motion for the adoption of the foregoing resolution was duly seconded by member Hilstrom and passed unanimously. RESOLUTION NO. 97 -06 Member Carmody introduced the following resolution and moved its adoption: • 1/13/97 -3- DRAFT RESOLUTION AMENDING PROFESSIONAL SERVICES CONTRACT FOR DESIGN AND CONSTRUCTION ENGINEERING SERVICES, IMPROVEMENT PROJECT NO. • 1995 -04, CONTRACT 19964, REPLACEMENT OF LIFT STATION NO. 1 The motion for the adoption of the foregoing resolution was duly seconded by member Hilstrom and passed unanimously. RESOLUTION NO. 97-07 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTE AND AUTHORIZING REBUILDING/ RETROFITTING OF 35 SCOTT AIR PACS The motion for the adoption of the foregoing resolution was duly seconded by member Hilstrom and passed unanimously. RESOLUTION NO. 97-08 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF FOUR (4) SQUAD CARS The • motion for the adoption of the foregoing resolution was duly seconded by member Hilstrom and passed unanimously. LICENSES Bowling Alley Beacon Bowl 6525 Lyndale Avenue North Courtesy Bench Courtesy Bench Company 4215 Winnetka Avenue North, New Hope Gasoline Service Station Duke's Mobil 6501 Humboldt Avenue North Metropolitan Council Transit Operations 6845 Shingle Creek Parkway Mobil #504 6849 Brooklyn Boulevard Neil's Conoco 1505 69th Avenue North Osseo- Brooklyn Bus Company 4435 68th Avenue North SuperAmerica #4058 1901 57th Avenue North SuperAmerica #4160 6545 West River Road Total 6830 Brooklyn Boulevard 1/13/97 -4- • DRAFT U.S. West 6540 Shingle Creek Parkway . Wes' Amoco 6044 Brooklyn Boulevard Mechanical Systems Metropolitan Mechanical Contractors 7340 Washington Avenue S., Eden Prairie Practical Systems 14226 Norden Drive, Rogers Royalton Heating and Cooling 4120 85th Avenue North, Brooklyn Park Spartan Mechanical, Inc. 9801 Valley View Road, Eden Prairie Pool and Billiard Tables Lynbrook Bowl 6357 Lilac Drive North Public Dance Hilton Hotel 2200 Freeway Boulevard Rental Dwellinizs Initial: Rick Hartmann 6831 Fremont Place North Trina Ward 5743 Girard Avenue North Randy Snodgrass 4741 Twin Lake Avenue North Renewal: • Miller Management Company Willow Lane Apartments Vernon Hughes 5240 Drew Avenue North Timothy Damberger 2118 Ericon Drive Patrick Menth 5302 Fremont Avenue North Lenny Mazurek 4200 Lakebreeze Avenue North Lyle Miller 3501 47th Avenue North M.B.L. Investment Company 3613 47th Avenue North George Hanson 1510 69th Avenue North Taxicab Minnesota Taxi, Inc. 7608 Knox Avenue South, Richfield Cab 47 Said Abou -Auf Town Taxi 7000 57th Avenue North, Crystal Cab 133 Clifford Piper United Cab Services PO Box 6643, Minneapolis Cab 15 Hesham Hassanein Cab 35 Mohamed Madkour Cab 101 George Nuquay Cab 129 James Ledlum • 1/13/97 -5- DRAFT Tobacco Related Products Applebee's 1347 Brookdale Center . Duke's Mobil 6501 Humboldt Avenue North Hilton Hotel 2200 Freeway Boulevard K-Mart 5930 Earle Brown Drive Lynbrook Bowl 6357 Lilac Drive North Mobil #504 6849 Brooklyn Boulevard Neil's Conoco 1505 69th Avenue North Stummy's Cigar 6066 Shingle Creek Parkway, #179 u S erAmerica #4058 I p 1901 57th Avenue North Su P erAmerica #4160 6545 West River Road Total 6830 Brooklyn Boulevard Value Food Market 6804 Humboldt Avenue North Wes' Amoco 6044 Brooklyn Boulevard OPEN FORUM There were no requests for open forum. PUBLIC HEARINGS AN ORDINANCE AMENDING CHAPTER 3 OF THE CITY ORDINANCES REGARDING REFUNDS OF PERMIT FEES • City Manager McCauley explained that this ordinance amendment was first read on December 16, 1996, published in the official newspaper on December 23, 1996, and is offered for a second reading and public hearing. He stated that there would be no refund on any permit fee collected in accordance with this chapter when the fee so collected is fifty dollars ($50) or less. For permits which are canceled after issuance, where no authorized work has been done, a refund of fifty percent (50 %) of the permit fees collected in excess of $50 may be granted; in no case shall the fees retained exceed $100. If any work authorized by the permit has been started, the amount of fees retained, over and above the $100 maximum, shall be determined by the Building Official commensurate with the percentage of work completed. Plan check fees are not refundable. All claims for refunds shall be made in writing by the original permittee and shall be made within one hundred eighty (180) calendar days from the payment of said fees. In addition, an appeals policy shall be implemented. A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to open the public hearing passed unanimously. No public input was offered. A motion by Councilmember Carmody and seconded by Councilmember Peppe to close the 1 / 13/97 -6- • URAFT public hearing passed unanimously. • ORDINANCE NO. 97-01 Member Carmody introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 3 OF THE CITY ORDINANCES REGARDING REFUNDS OF PERMIT FEES The motion for the foregoing ordinance was duly seconded by member Lasman and passed unanimously. AN ORDINANCE AMENDING-CHAPTER 3 OF THE CITY ORDINANCES REGARDING THE MINNESOTA STATE BUILDING CODE City Manager McCauley explained that this ordinance amendment was first read on December 16, 1996, published in the official newspaper on December 23, 1996, and is offered for a second reading and public hearing. He further explained that this ordinance amendment adopts and incorporates the 1994 Minnesota State Building Code as part of the building code for the City of Brooklyn Center. A motion by Councilmember Hilstrom and seconded by Councilmember Carmody to open the . public hearing passed unanimously. No public input was offered. A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to close the public hearing passed unanimously. ORDINANCE NO. 97-02 Member Peppe introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 3 OF THE CITY ORDINANCES REGARDING THE MINNESOTA STATE BUILDING CODE The motion for the foregoing ordinance was duly seconded by member Carmody and passed unanimously. PLANNING COMMISSION ITEM RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 96017 SUBMITTED BY BROOKDALE MITSUBISHI 1/13/97 -7- DRAFT Planning and Zoning Specialist Ron Warren introduced Planning Commission Application No. 96017, submitted by Brookdale Mitsubishi, which is a request for Planned Unit Development • approval to construct an approximately 18,000 square foot automobile dealership at 7223, 7231, 7235, and 7239 Brooklyn Boulevard. The Planning Commission recommended approval of this application at its December 12, 1996, meeting. Application No. 96017 proposed rezoning from C -2 (Commerce) and C -1 (Service /Office) to PUD /C -2 (Planned Unit Development/Commerce) of approximately 7.035 acres. The Planning Commission recommended approval of this application subject to the following considerations: 1. That the City's Comprehensive Plan, which is currently being updated, be revised during this process so that the land use designation map designates the area under consideration as being appropriate for a general commerce use rather than the split commerce and service /office designation that it currently has. 2. The Rezoning and Planned Unit Development proposal are considered to be compatible with the standards, purposes, and intent of the Planned Unit Development section of the City's Zoning Ordinance, given the revision to the Comprehensive Plan. 3. The Rezoning and Planned Unit Development proposal will allow for the utilization of the land in question in a manner which is compatible with, complimentary to, and of comparable intensity to adjacent land uses as well as those permitted on surrounding land. 4. The utilization of the property as proposed under the Rezoning and Planned Unit Development proposal will, with the exception of allowing automobile repair adjacent to R -3 zoned property, conform with City ordinance standards and is justified on the basis of the development plan submitted containing extraordinary screening of the site including a large earthen berm and coniferous trees which should diminish any impact on surrounding land uses. 5. The Rezoning and Planned Unit Development proposal appear to be a good utilization of the property under consideration in that it allows for a reasonable redevelopment of the property in a unified manner containing appropriate buffering and screening. 6. In light of the above considerations, it is believed that the guidelines for evaluating rezonings as contained in Section 35 -208 of the City's Zoning Ordinance are met and that the proposal is, therefore, in the best interest of the community. The Planning Commission further recommended approval of Application No. 96017 subject to the following conditions: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 1/13/97 -8- • DRAFT 2. Grading, drainage, and utility plans are subject to review and approval by the City • Engineer prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined based on cost estimates) shall be submitted prior to the issuance of permits to assure completion of approved site improvements. 4. Any outside trash disposal facilities and rooftop or on- ground mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet the NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. Plan approval is exclusive of all signery, which is subject to Chapter 34 of the City Ordinances. 7. B -612 curb and gutter shall be provided around all parking and driving areas. 8. The applicant shall submit an as-built survey of the property, improvements, and utility service lines prior to release of the performance guarantee. • 9. The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems prior to the issuance of permits. 10. The applicant is subject to the requirements and regulations of the Shingle Creek Watershed Management Commission with respect to this site. The storm drainage system shall be acceptable to the Shingle Creek Watershed Management Commission and the applicant shall comply with any conditions imposed by the body prior to the issuance of permits. 11. P ondmg areas required as part of the storm drainage plan shall be protected by an approved easement. The easement document shall be executed and filed with Hennepin County prior to the issuance of permits. 12. The plans submitted shall be modified prior to the issuance of building permits to be consistent with the revised plan showing an eight -foot high earthen berm and landscape treatment. Said plans, which must be modified, include the drainage and utility plan, the site lighting plan, and any other plan showing the site and building proposed with this project. 13. The applicant has agreed to not use any outdoor public address system for paging employees on the site. 1/13/97 -9- r �....> � A:a 14. The property shall be replatted into a single parcel with the triangular piece of property located in Brooklyn Park being dedicated to this site through a legal encumbrance. Said • plat shall receive final approval by the City Council and be filed with Hennepin County prior to the issuance of building permits. 15. Modifications to accesses on Brooklyn Boulevard are subject to approval by Hennepin County and their permit process. 16. The applicant shall enter into a development agreement with the City to be reviewed and approved by the City Attorney prior to the issuance of building permits. Said agreement shall acknowledge the use of this site as an automobile sales and service dealership as proposed under the development plans and shall acknowledge all previously stated conditions of approval and assure compliance with development plans submitted by the applicant. Public input was taken. Phil Holbo, representing Creek Villa Homeowner's Association, abutting property owners to the subject area, spoke on several concerns relating to the physical, aesthetic, and political environments. He cited the negative impact of increased runoff into Shingle Creek, increased commercial lighting, increased test driving on Creek Villa property, and negative impact to stream channel quality, wildlife quality, and water quality. • John Baker, Mitsubishi architect, responded by noting several changes already made by Mitsubishi regarding the issues of noise, lighting, watershed, and landscaping. Ted Terp, Brookdale Mitsubishi owner, assured the Council that Brookdale Mitsubishi wants to be a "good neighbor." Elease Potter, 4803 Wingard Place, spoke on her concerns of "image boosting" of Brooklyn Boulevard. Leonard Buecksler, 2337 Brookview Drive, said we need additional commercial businesses to increase the City's tax base. Councilmember Hilstrom said that this Application is inconsistent with the Comprehensive Plan and that Brookdale Mitsubishi is not an appropriate buffer to the neighboring residential area. Councilmembers Lasman and Carmody both suggested that the traffic issue of test driving on the private property of Creek Villa be resolved. RESOLUTION NO. 97-09 Member Peppe introduced the following resolution and moved its adoption: 1/13/97 -10- DRAFT RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION • APPLICATION NO. 96017 SUBMITTED BY BROOKDALE MITSUBISHI The motion for the adoption of the foregoing resolution was duly seconded by member Carmody. The motion passed on a vote of Councilmembers Carmody, Lasman, Peppe and Mayor Kragness voting aye; Councilmember Hilstrom voted nay. COUNCIL CONSIDERATION ITEMS RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF MEMBERS WHO HAVE SERVED ON CITY ADVISORY COMMISSIONS Mayor Kragness noted several citizens who have voluntarily served on City Advisory Commissions and expressed gratitude for their public service and civic effort for the betterment of the community: Lee Anderson, Financial Commission Charles Forrest, Human Rights and Resources Commission Amy Gonyea, Housing Commission Kay Lasman, Park and Recreation Commission Robert Mickelson, Planning Commission Charlotte Nesseth, Human Rights and Resources Commission Rex Newman, Housing Commission Dean Nyquist, Human Rights and Resources Commission Phyllis Owens, Northwest Hennepin Human Services Advisory Commission Kathryn Palm, Planning Commission Phillip Roche, Financial Commission Jill Schendel, Park and Recreation Commission RESOLUTION NO. 97 -10 Member Hilstrom introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF MEMBERS WHO HAVE SERVED ON CITY ADVISORY COMMISSIONS The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. SELECT PRESIDING OFFICERS AYOR PRO TEM AND ACTING MAYOR PRO TEM Mayor Kragness explained that the City Charter requires the Council to choose from its 1/13/97 -11- DRAFT members a Mayor pro tem who shall hold office at the pleasure of the Council and shall serve as Mayor in the Mayor's absence and as Mayor in case of the Mayor's disability or absence • from the City. A motion by Councilmember Peppe and seconded by Councilmember Lasman to appoint Councilmember Carmody as Mayor Pro tem and Councilmember Hilstrom as acting Mayor pro tern passed unanimously. RESOLUTION DECLARING COMMITMENT TO THE BROOKLYN CENTER CITY CHARTER. PLEDGING FAIR TREATMENT OF EMPLOYEES DECLARING AGAINST CONFLICTS OF INTEREST AND MISUSE OF POSITIONS Mayor Kragness explained that on June 22, 1992, Resolution No. 92 -149 was adopted by the City Council. The resolution directs the City Manager to place it for readoption on the agenda for the first meeting of the City Council each January as information and reminder of Council/Manager responsibilities. RESOLUTION NO. 97 -11 Member Hilstrom introduced the following resolution and moved its adoption: RESOLUTION DECLARING COMMITMENT * TO THE BROOKLYN CENTER CITY CHARTER, PLEDGING FAIR TREATMENT OF EMPLOYEES, DECLARING AGAINST CONFLICTS OF INTEREST AND MISUSE OF POSITIONS The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. SET CITY COUNCIL MEETING SCHEDULE FOR 1997 A motion by Councilmember Hilstrom and seconded by Councilmember Peppe to adopt the City Council meeting schedule as printed passed unanimously. APPOINTMENT OF COUNCIL MEMBER TO SERVE AS CITY REPRESENTATIVE Mayor Kragness noted that the following list of boards, committees, or commissions require • City Council representative be appointed annually, or in the case of the Airport Commission • City representative could be appointed. A motion was made by Councilmember Carmody and seconded by Councilmember Lasman to appoint the following Council members as representatives: League of Minnesota Cities -- Councilmember Carmody 1/13/97 -12- DRAFT North Metro Mayors Association - -Mayor Kragness • Northwest Suburban Cable Communications Commission -- Councilmember Peppe Tri-City Airport Commission/Crystal Airport Safety Committee -- former Councilmember Charles F. Nichols, Sr. The motion passed unanimously. AUTHORIZE ISSUANCE OF ON -SITE FUEL STATION FOR NORTH MEDICAL TRANSPORTATION SERVICES AT 4501 68TH AVENUE NORTH Councilmember Hilstrom asked how often these on -site fuel stations are used in the metro area. Mayor Kragness responded that cost and convenience factors accounted for the use of these stations. A motion was made by Councilmember Lasman and seconded by Councilmember Carmody to authorize issuance of an on -site fuel station at 4501 68th Avenue North. The motion passed on a vote of Councilmembers Carmody, Lasman, Peppe and Mayor Kragness voting aye; Councilmember Hilstrom voted nay. COUNCILMEMBER PEPPE: RESOLUTION AMENDING CITY COUNCIL HANDBOOK REGARDING ORDER OF BUSINESS • Councilmember Peppe proposed a resolution which would change the City policy to include a spoken prayer invocation in place of the moment of silence. Councilmember Peppe noted the long- standing tradition of the City of Brooklyn Center respecting the practice of prayer invocations preceding its public meetings. He further stated the invocation should not exceed two minutes in length, and all members of the Council would share equally in the responsibility for determining who shall be permitted to deliver said invocations. Mayor Kragness disliked the wording "spoken prayer" invocation and suggested the use of "invocation" alone so that there was a moment for silent prayer if the scheduled person was unable to attend as happened in the past on occasion. Councilmember Carmody suggested retaining the moment of silence to avoid any political statements as had been made last year. She also noted the difficulty in cutting off a speaker with the two- minute limit. Councilmember Lasman offered an amendment to the proposed resolution which would ensure that those offering the invocation would adhere to what an invocation is supposed to be - -a petition for guidance. The amendment also stated that said invocation would be addressed to "God," which is the broad -based spiritual term used in our nation's pledge of allegiance and on our currency and coins. • 1/13/97 -13- uNA Councilmember Hilstrom suggested the Council examine the state legislature's guidelines concerning invocations. She also noted the difficulty in establishing and enforcing guidelines • for the invocation. Councilmember Peppe said he had faith in the mayor's ability to stop any inappropriate situation. Several city residents spoke in favor of restoring the invocation. Mayor Kragness stated that the Council would have to establish guidelines for invocation and send letters to all Brooklyn Center churches offering them the opportunity to deliver the invocation at Council meetings. I RESOLUTION NO. 97-12 Member Peppe introduced the following resolution as amended and moved its adoption: RESOLUTION AMENDING CITY COUNCIL HANDBOOK REGARDING GARDING ORDER OF BUSINESS The motion for the adoption of the foregoing resolution as amended was duly seconded by member Lasman. The motion passed on a vote of Councilmembers Lasman, Peppe and Mayor , Kragness voting aye; Councilmembers Carmody m Y and Hilstro voted nay. REPORT ON ROTATION OF AUDIT PERSONNEL City Manager McCauley explained the rotation of Deloitte and Touche personnel in conducting the City's audit each year. ty Y REPORT ON SIGN ORDINANCE REGULATIONS City Manager McCauley explained the City's sign ordinance in response to a citizen's appearance at a recent open forum. In relation to this matter, no personal contact by code enforcement officers will be allowed after 9 p.m. REPORT ON POLICE DEPARTMENT RESPONSE TO CRACK HOUSES City Manager McCauley asked that the memo from Chief Kline be removed from the agenda. MAYORAL APPOINTMENT: COMPREHENSIVE PLAN DATE TASK FORCE Mayor Kragness recommended the following list of persons to serve on the City's 1/13/97 -14- • Comprehensive Plan Update Task Force: uPfAFT • City Council members: Kathleen Carmody, Debra Hilstrom, Myrna Kragness, Kay Lasman, Robert Peppe Planning Commission members: Graydon Boeck, Donald Booth, Mark Holmes, Rex Newman, Dianne Reem, Brian Walker, Tim Willson Other members: Jerry Blamey, Maurice Britts, Jim Cole, Tom Donaldson, Dale Greenwald, Lisa Hunter, Toni Johns, Tom Kouri, Tony Kuefler, Frank Slawson, Ron Thomas, Carroll Vomhof A motion by Councilmember Carmody and seconded by Councilmember Peppe to approve the list of persons as named passed unanimously. The first meeting of the Task Force will be Monday, February 3, 1997, at 7 p.m. in the City Hall Council Chambers. RESOLUTION ESTABLISHING 1997 STREET AND STORM DRAINAGE SPECIAL ASSESSMENT RATES Public Services Director Spector explained the proposed increases in establishing 1997 street and storm drainage special assessment rates, due to increased costs. The new rate for single - family homes will be $2,000 per lot for street reconstruction and $650 for storm drainage improvements. o RESOLUTION NO. 97-13 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING 1997 STREET AND STORM DRAINAGE SPECIAL ASSESSMENT RATES The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. RESOLUTION ACCEPTING QUOTATIONS AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO 1996 -18 CONTRACT 1997-B. WELL NO. 10 ROUTINE MAINTENANCE Public Services Director Spector explained the process of accepting quotes and awarding the contract for Well No. 10 maintenance. Councilmembers Hilstrom and Peppe asked if the City was obtaining competitive bids in this process; Ms. Spector responded that the vendors were reliable. RESOLUTION NO. 97-14 • 1/13/97 -15- DIJAFT Member Carmody introduced the following resolution and moved its adoption: • RESOLUTION ACCEPTING QUOTATIONS AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 1996 -18, CONTRACT 1997 -B, WELL NO. 10 ROUTINE MAINTENANCE The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. DISCUSSION ON PAWN SHOP MORATORIUM A motion was made by Councilmember Hilstrom and seconded by Councilmember Carmody to have the City Manager and City Attorney explore the possibility of establishing a moratorium on the siting of pawnshops. The motion passed unanimously. ADJOURNMENT A motion by Councilmember Carmody and seconded by Councilmember Peppe to adjourn the meeting at 9:53 p.m. passed unanimously. • City Clerk Mayor Recorded and transcribed by: LeAnn Larson 1/13/97 -16- MEMORANDUM 0 TO: Michael J. McCauley, City Manager FROM: Charlie Hansen, Finance Director C K DATE: February 5, 1997 SUBJECT: Resolution Setting Special Assessment and Internal Loan Interest Rates for the Year 1997 On May 13, 1996, the City Council adopted by motion a policy recommended to them by the Financial Commission and the staff which established a method for annually setting interest rates for special assessments and internal loans. The policy uses the net interest rate from the City's most recent bond sale and adds another two percent to cover the cost of administration and provide protection from changes in market interest rates over the life of the special assessment. The exception to using our last bond sale would be if didn't have one in the past year or interest rates had changed substantially since then. In the case of this year, we did have a bond sale on September 13, 1996 and interest rates haven't changed substantially since then. The attached resolution sets the interest rate at 7% for the year 1997. This rate will be used on any special assessments levied during 1997 and means that internal loans will continue at 7 %. We have been using 7 % for these purposes since 1994 when the City Council adopted that rate in Resolution 94 -08. • adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION SETTING SPECIAL ASSESSMENT AND INTERNAL LOAN INTEREST RATES FOR THE YEAR 1997 WHEREAS, the City Council adopted by motion a policy on special assessment and internal loan interest rates on May 13, 1996; and WHEREAS, the policy on interest rates calls for the rate to set at the rate from the last bond sale plus 2 %, with the result rounded off to the nearest half percent; and WHEREAS, the City of Brooklyn Center last sold bonds on September 23, 1986 at a net interest cost of 4.9829 %. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the annual rate of interest to be charged on special assessments and on loans by the Investment Trust Fund to all other City funds be set at 7 %, effective for the year 1997. • Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • • MEMO To: Michael J. McCauley, City Manager From: Kelli Wick, Human Resources/Purchasing�cian Subject: Long Term Disability Date: February 6, 1997 DCA has obtained 3 quotes for Long Term Disability Insurance which will be part of the Cafeteria Benefit Plan starting 3/1/97. Quotes are for a qualifying period of 3 months. We received quotes from the following: League of Minnesota Cities 25% participation required. Unum 25% participation required. CIGNA 75% participation required. Recommendations for League of MN Cities Plan: 1. Three Year Own Occupation definition instead of two year own Occupation. 2. The League Plan allows employees to receive a greater dollar amount rather than a reduction e based on other family income. 3. Flexibility in selection of benefit amounts - employees can choose any benefit amount including a minimum of $500 to a maximum of 60% of salary. Other plans restrict benefit amounts to either just 60% or 25 %, 40% or 50% (Unum). 4. Rates are based on benefit amount not full salary as other plans do. 5. Current City LTD Plan is also offered through Fortis as is the League Plan. • LMCIT • 10+ Lea;ue of Minnesota Cit Elective Long Term Disability League of Minnesota Cities Rate Page Qualifying Period - 3 Months Actual cost to the employee is based on the rate per $100 of benefit. Each employee pays the rate based on current age. Rate increases due to a'change in age are effective as of the policy. anniversary. Monthly Premium Rates EMPIQY age Per $100 of Benefit • -24 $0.52 25-29 0.62 30-34 0.78 35-39 1.03 40-44 1.63 45-49 2.88 50-54 4.65 55-59 5.40 60 plus 5.95 Note: To age 65 Own Occupation definition of disability for City Managers, City Clerks and Department Heads making over $30,000 annual income. 145 University Avenue West, St. Paul, bINI 55103 -2044 League o`i%tinnasota Cities Phone: (612) 281 -1200 - (800) 925 -1122 Cities promoting ¢sc¢llance Fax: (612) 281 -1299 - TDD (612) 2S1 -1290 May 22, 1996 To: LMCIT member cities From: LMCIT Board of Trustees Re: Life and disability coverage - 1996 -97 rates There will be no changes in the rates for the life, short -term disability, and long -term disability coverages available to cities through LMCIT. The following is a brief summary of the coverages available and the current rates, which will remain effective through June 30, 1997. Life insurance • Rates for the basic employee term life insurance provided by Minnesota Mutual through LMCIT are $1.90 per month for $5000 and $3.80 per month for $10,000. (These rates are for life only; AD &D is also available for an additional $.03/$1000.) Additional employee and dependent term life coverage options are also available, subject to underwriting guidelines. Short -terns disability coverage The short-term disability coverage is provided by Fortis. This coverage provides benefits from the first day of disability resulting from injury or the eighth day of disability resulting from sickness for up to 26 weeks. The disability benefit equals two - thirds of the employee's wage, to a maximum of $100, $200, or $300 weekly. Monthly premiums are $4.50 per employee for the $100 maximum; $9.00 for the $200 maximum, or $13.50 for the $300 maximum. Long -term disability coverage This long -term disability insurance option, also provided by Fortis, first became available to cities through LMCIT a year ago. The LTD coverage is available to city employees working at least 25 hours per week and earning at least $12,000 annually, with no medical underwriting requirements. There is no minimum group size, but if the city has 10 or fewer employees, 100% must be enrolled. For larger groups, the minimum enrollment is the larger of either ten employees or 25% • of the total. - OVER - Exclusions No LTD benefits are payable for any total disability caused by: • war, whether declared or undeclared, or any act of war; • intentionally self- inflicted injury of any kind, while sane or insane; • participation in or as a result of having participated in the commission of an assault or felony. No benefits are payable for that portion of any period of disability when the disabled is confined in a penal or correctional institution as a result of conviction for a criminal or other public offense. Extended Benefits If the insured is disabled on the day Elective LTD terminates and remains disabled long enough to qualify, benefits will be payable. • Conversion Privilege A person whose insurance has terminated may convert to an individual LTD plan with a maximum monthly benefit of $4,000. To be eligible for conversion the person must have been insured under the LTD plan for a year, apply within 31 days of termination and pay the required premium. The availability of the conversion is dependent upon the reason for termination of coverage. Conversion plan provisions and costs may differ from the in force policy. 8 OC HS,Inc. • Specializing in employee benefits Since 1943 January 17, 1997 Ms. Nancy Gohman, Asst, City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Booklyn Center, MN 55430 -2199 RE: League of Minnesota Cities (L.M.C.I.T.) Voluntary Long Term Disability Insurance Dear Nancy: Yvonne Johnson, of DCA Inc. has requested that I for�vard the enclosed information to your attention. By electing to offer the League of Minnesota Cities L.M.C.I.T. "endorsed" voluntary LTD product, you will realize the benefit of a better contract at lQW rates than is normally offered by Fortis Benefits. • Please do not hesitate to call me with questions or if you are in need of additional information. Sincer } 1"s H. Ochs JHO:at cc: Yvonne Johnson, DCA Inc. W East Seventh Place ite 275 St. Paul, MN 55101 612 - 298 -3789 800 - 392 -7295 Fax 612- 298 -3791 'JAN 3d '37 09 =23 OOHS AGENCY P. 14/20 Lifestyle Long Term Disability Lifestyle Long Terri Disability -r� Benefits a Cost Suairnary � ( C'. Y � OF BuOOr LY\' C'Fp\- TER prep fir: T Submitted by. Ochs Tnsurancz e •i' �: t l- CO Vera�c i�:C:�sd S a , �G. W It-1 lilis prop,. Ss:i fo: ainc _c�:�lo�tes .�orl:inl 20 he ar3 Dumber of Eligible Employees: l38 Definition of Dis::bilit•:: ? YC2x O:.m Occupation wjQi P ::i - rial DisabiliLY Monthly Benefit Amount: • �J'i� of bask: n10,11-111Y car.: r.�; :v u rraxir.:tL� bt;neht of $1 .0 per inontr�. j sucial Security I Integration: Primary 1 Elimination Period: Plau A: 90 Days Duration Of Beueflt.�: ADCA 11 (To Age 65- 5••70) i 1 • � i i i L L'CJ t Lifestyle Long Term Disability Lifer le L Tear ?v::a>;ilit }' - Fwaded by the Employee ! t � yV Da Plan i Empioyce Age 1;:_t Per S1 , t - S to 29 — _ 59 { 30 to 34 i - -- .73 35 to 39 . 40 to 44 !- 1 .38 _ 45 to �9 i .97 t 50 to 54 � 1 55 to 59 3.60 60+ g.99 Features F "Frieze" in B endfas from all other sources 12 Month Rehi *z Provision Accu mu!ation of the E!iminatic P riod Gum- tailtead Iniurability t t Indexed Pre - Liability i anli:►,s Hall MaterrlitY 13cn lvi 2 `c'c1c ;< et:.a! 'andx m is L. in t -a0. 3 Mo:ith S::t�:��► :rev: �e Benctl; l cinnzcr of 1 10% o gos's bci?efit ; ?: $100 0 2 Year Fite Gun rancet: 1;...�b ?:_ - L�.�a .:ig C�stdi; ion: L Proposal Condiiio Contributory Plan 25% Participation RT7uired • }7lCrJaal 1� i'.« CI i?0 C'' . :1:... i `.. P C� ?C "0; C�; ii-urance cr, \era7. dtscribed w tt.'1!t? t' wl. r �fC•��•:hl li ,:Cc�C_�, 7 :OHrr_� J'.'':...i ?� tr:: rpvC:i'+ �.,,n b t by (n:''�:. AM E) co; >> wil b' bzs&C on ttie fir._1 �r2. ^. 7iG}.:3 _1 J: cu :,�hY :C.: ��^ or. its C::Ct +• c d1;z. $C tlttS _tld t3C�i dma • =h0;:a arc cE:...:'sv; until A;;nl 1. 997 2 ts�d (7N +t - YJ7 • t 7 17. SCHEDLZE OF CBE VEFITS AND PREbS UNI Eiig'sblliry: All active Fu41 -tzt, e ,plGyEc�s E�rc, ^ ^. ''.' �= .st_:�, * °��i�s;? worldng a minimum of 30 hours per week. 1 i e 1 1 , Schedule of Benefits 60% of Mcr,thly Baslc Earnbr 8;5, to 2 MwdMe r. D zjifit ,, f f5 : 000 pt` mossh (rr;duced by amounts from fLil and Other Be ca! . Benefit SOW= r.cPi: So - jrc�• -.S P.or:t :iy Ee.�.._ �.zd Other B PaB�) MaAmuni Kanthly Insumble B nin s p'r ?r'lividual: $5.333.33• I i Benefit Period: i Accident: to age 65 Sickness: to age 65 ADL•A Schedule: Graded ADFA i Benefit Waiting period: 3 Months v AGE GROUP RATE3100 ' i 1 &29 S .09 30-34 . 35 -39 .30 40 -44 .47 1 45.49 .70 ` 50-54 0.98 1 55 -59 1.27 i 60-64 1.10 65 -69 0.90 70+ 0.70 ' 1 c!;: itL_�:a'lcZ Coo 7 31nd assdmes 100% Fcacc is based v}�cr. e:.st:, dam pr, :•�;Izd rc: Pal cinployee contribution. 1 i � t i f i CIGNA Group Insurance :::A•acddent3,:)l;a'311iey Y , J D1SAB1LI1Y PLAN PROPOSAL I P R - wflUMiS AND PAY, iii 1- ] c, • `` ,. p p fo c 1 'fie rates quoted In your PRO °G."A . SLcaati:. =� sc..:r ac iC� o; insured payroll. Your premiums are payabl !mont wlib 3;. do.ys CE . 1 ?c' ;'a:e, and are based O the ' , 1 .••.arro* n n •y�,� �� -�•,- �r,as. ? _ .i ^r s_r:1i- a..nual advartee I pravlous :aontf: s actin pa7...... ti� e ; an n.� � g ,......, Y payments, If this is more c,-,-pa- y ?Jr:c:Fr -nosy pay - meat plans, t`•e would adjus premium-5 ar►rua�iy, 0,1 y o , ,:! da!t. Waiver of Prernium Once a n empl qi121 i1;�5 to r eceit , c d j? ii:il +r. ^'_fi:;, we "Walve :11 fi�rtbei pfam for l. a < : ee iC ;.3: " l,. tC r..•r�}�.. bc-r!,P is ,i.nder rhk plan. that employee svh. th n. .1r�p�oJ g,�... , �•• -- Our Right to Adjust Quoted Rates We have based the razes quot:6 in tl-i, pro,.csal ,,r V,dEd by yc,ur company and a minimum enrollment a.:he grev:er of 10 :1:gib: employees or 7Sc?'. of all eligible employees, We :ewv the right to :ee:.amir.e and d ;l;•.,t t'_;ES� rate; !r yoc:r grans demographic profit® ' changes substan::aily. Ot'itnV:se, this qLr.ta:;o! t:!! ugh the dacr shown at the bottom of your PROPOS.P?. SU? :AARY page. I 4 a a t 1 i I i a i i 1 i CIGNA Group Insurance : cd�Ent�>7i ab!!I`y - _, ✓ .1 .. Paee 1 i _. is �r _U BROOKLYN CEpTF9 CENTER POLICE DEPARTMENT POLICE MEMORANDUM TO: City Manager Michael McCauley FROM: Chief Scott Kline \X". DATE: February 3, 1997 SUBJECT: New Liquor License / Class B and Sunday On -Sale Intoxicating Liquor License TGI Friday's of Minnesota, Inc., dbalT G.I. Friday's, 2590 Freeway Blvd TGI Friday's of Minnesota, Inc., dba/T.G.I. Friday's has applied for a Class B and Sunday On- Sale Intoxicating liquor license. They plan their grand opening for March 24, 1997, although this could be moved up to an earlier date. T.G.I. Friday's was acquired by Carlson Companies, a Minnesota corporation, in August of • 1975, and is grouped under Friday's Hospitality Worldwide Inc which includes T.G.I. Friday's restaurants, Italianni's Restaurants, and Front Row Sports Grills. T.G.I. Friday's is incorporated in Minnesota under the name TGI Friday's of Minnesota, Inc. and is a corporation doing business in good standing with the State of Minnesota. As of August, 1996, there were a total of 374 T.G.I. Friday's restaurants which includes both domestic and international locations. T.G.I. Friday's is required by the State of Minnesota, Liquor Control Division, to also obtain a buyer's card and they have filled out all necessary paperwork for this and submitted the appropriate fee. Nothing was found in the background investigation that would preclude TGI Friday's of Minnesota, Inc. from being issued a liquor license. All appropriate fees have been submitted along with all required documentation. It is requested that the Brooklyn Center City Council approve a Class B and Sunday On -sale Intoxicating Liquor license in the name of TGI Friday's of Minnesota, Inc., dba/T.G.I. Friday's. 97tgifl.mem Member introduced the following resolution and moved its • adoption: RESOLUTION NO. RESOLUTION APPROVING ISSUANCE OF CLASS B AND SUNDAY ON- SALE INTOXICATING LIQUOR LICENSE TO TGI FRIDAY'S OF MINNESOTA, INC DBA/T G I FRIDAY'S WHEREAS, TGI Friday's of Minnesota, Inc., dba T.G.I. Friday's, has applied for a Class B and Sunday On -Sale Intoxicating liquor license for its establishment located at 2590 Freeway Boulevard within the City of Brooklyn Center; and WHEREAS, TGI Friday's of Minnesota, Inc. is a Minnesota corporation in good business standing; WHEREAS, TGI Friday's of Minnesota, Inc. has submitted all appropriate fees and necessary documentation for their liquor license and a thorough background investigation has been conducted by the Brooklyn Center Police Department regarding the corporate officers, restaurant manager, and the corporation itself and nothing was found in that investigation that would preclude the issuance of a liquor license to TGI Friday's of Minnesota, Inc. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the issuance of a Class B and Sunday On -Sale Intoxicating Liquor License to TGI Friday's of Minnesota, Inc. dba/T.G.I. Friday's is hereby approved. 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 Memorandum TO: Michael J. McCauley, City Manager ,. FROM: Kelli Wick, Human Resources/Purchasing chnician /De u City Clerk g Pty tY DATE: January 29, 1997 SUBJECT: Flexible Spending Account Plan The City currently has a Flexible Spending Account program for its full-time employees which is administered by DCA. DCA recommends that we review and update this plan periodically. Attached is an updated version of the plan along with a resolution which needs council's approval. Again, this is simply an update and revision of our existing plan so that we comply with both federal and state laws. e If you have any questions please feel free to contact me. Thanks. • Member introduced the following resolution and moved its adoption: • RESOLUTION O. SO N RESOLUTION APPROVING THE AMENDMENT AND RESTATEMENT OF THE CITY OF BROOKLYN CENTER HEALTH CARE AND DEPENDENT DAY CARE EXPENSE REIMBURSEMENT PLAN WHEREAS, the City of Brooklyn Center previously adopted the City of Brooklyn Center Health Care and Dependent Day Care Expense Reimbursement Plan which includes flexible benefit provisions; and WHEREAS, the City of Brooklyn Center desires to amend and restate such Plan as presented to the City Council NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Brooklyn Center that the City of Brooklyn Center Health Care and Dependent Day Care Expense Reimbursement Plan be and the same is amended, restated, and adopted in the form presented to the City Council, effective as of March 1, 1997. BE IT FURTHER RESOLVED, that any proper members of the City Council are hereby authorized to make such contributions from the funds of the Company as are necessary to • carry out the provisions of said plan at any time. BE IT FURTHER RESOLVED, that in the event any conflict arises between the provisions of said Plan and the Employee Retirement Income Security Act of 1974 ( ERISA) or any other applicable law or regulation (as such law or regulation may be interpreted or amended), the City shall resolve such conflict in a manner which complies with ERISA or such law or regulation. 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 Health Care and Dependent Day Care Expense Reimbursement Plan • Amended and Restated Effective March 1, 1997 . 1 • TABLE OF CONTENTS PAGE ArticleI. The Plan ....................................................................................... ............................... l Section1.1 Establishment ................................................................ ............................... l Section1.2 Puipose ......................................................................... ............................... l Article II. Definitions ................ Section2.1 Definitions ..................................................................... ............................... l Section 2.2 Gender and Number ...................................................... ............................... 5 Article III. Eligibility and Participation Conditions ....................................... ............................... 5 Section 3.1 Participation Conditions ................................................ ............................... 5 Section 3.2 Application to Participate .............................................. ............................... 5 Section 3.3 Commencement of Participation .................................... ............................... 5 Section 3.4 Continuation Coverage ................................................... ..............................6 Section 3.5 Family or Medical Leaves .............................................. ............................... 6 Section 3.6 Qualified Medical Child Support Orders ........................ ............................... 8 Section 3.7 Rights Upon Reemployment After Militaa Leave of Absence . ...................... 9 Article IV. Plan Contributions and Benefit Costs ......................................... ............................... 9 Section 4.1 Benefit Costs ................................................................. ............................... 9 Section 4.2 Pay Conversion Contributions ........................................ ..............................9 Section 4.3 Employer Contributions ................................................. .............................10 Section 4.4 Benefit Selection ........................................................... .............................10 Section 4.5 Revocation or Changes in Benefit Elections ................... .............................10 Section 4.6 Termination of Employment .......................................... .............................11 Section 4.7 Cessation of Required Contributions .............................. .............................12 Section 4.8 Adjustments to Prevent Discrimination .......................... .............................12 Section 4.9 Available Benefits .............................. .......................12 ArticleV. Plan Benefits ............................................................................... .............................12 Section 5.1 Available Benefits ............... ............................... Section5.2 Benefits ......................................................................... .............................13 5.2.1 Health Coverage .............................................. .............................13 5.2.2 Medical Reimbursement ................................... .............................13 5.2.3 Dependent Care Reimbursement ...................... .............................15 5.2.4 Dental Coveraize .............................................. .............................17 5.2.5 Life Insurance .................................................. .............................17 Section 5.3 Taxable Cash Compensation .......................................... .............................17 Article VI. Claims Procedure ....................................................................... .............................18 Section 6.1 Written Claim for Benefits ............................................. .............................18 Section 6.2 Claims Procedure .......................................................... .............................18 Article VII. Administration and Finances ..................................................... .............................19 • Section 7.1 Administration ............................................................... .............................19 Section7.2 Dele_ ation ..................................................................... .............................19 Section 7.3 Reports and Records ................................................... ............................... 20 Section 7.4 Actions of the Employer .............................................. ............................... 20 Section7.5 Finances ...................................................................... ............................... 20 Section 7.6 Indemnification .............................................................. .............................20 Article VIII. Amendments and Termination ............................................... ............................... 20 Section8.1 Amendments ............................................................... ............................... 20 Section 8.2 Benefits Provided through Third Parties ...................... ............................... 21 Section8.3 Termination .................................................................. .............................21 Article IX. Miscellaneous ................................. ............................... ............. 21 Section 9.1 No Guaranty of Employment ......................................... .............................21 Section 9.2 Limitation on Liability ................................................. ............................... 21 Section9.3 Non - Alienation .............................................................. .............................21 Section9.4 Applicable Law ........................................................... ............................... 22 Section 9.5 Benefits Provided Through Third Parties ..................... ............................... 22 • City of Brooklyn Center • Health Care and Dependent Day Care Expense Reimbursement Plan Amended and Restated Effective March 1, 1997 Article I. The Plan Section 1.1 Establishment City of Brooklyn Center (hereinafter the "Employer"), hereby amends and restates, effective March 1, 1997, the City of Brooklyn Center Health Care and Dependent Day Care Expense Reimbursement Plan (the "Plan "), which is a plan of flexible compensation for the exclusive benefit of Eligible Employees of the Employer. Section 1.2 Purpose The purpose of the. Plan is to increase the social insurance protection of Eligible Employees by making available to those employees different combinations of health care benefits, dental care benefits, health care reimbursement benefits, dependent day care benefits, and direct compensation. The • Plan is intended to comply with the provisions of Sections 79, 104, 105, 125, and 129 of the Internal Revenue Code of 1986, as amended. Article II. Definitions Section 2.1 Definitions Whenever used in the Plan, the following words and phrases shall have the meanings set forth below unless the context plainly requires a different meaning, and when the defined meaning is intended, the term is capitalized: (a) " Code " means the Internal Revenue Code of 1986, as amended, and any successor tax code. References to a Code section shall be to that section as it now exists and to any successor provision. (b) " Compensation " of a Participant means the total base salary or wages paid to an employee including vacation pay, sick pay, and holiday pay (without regard to any salary reduction under this Plan (or an Employer- sponsored Section 403(b) Plan). (c) " Dependent " means an individual who qualifies as a dependent under the terms of Section 152 of the Code. 1 • (d) " Effective Date means the date on which the Plan first became effective, i.e., April 1, 1990. The effective date of this amendment and restatement is March 1, 1997. (e) " Eligible Employee means a full -time employee of the Employer who works 40 hours per week provided, however, that at the Employer's discretion, collectively bargained Employees, if any, shall not be deemed Eligible Employees unless their collective bargaining agreement specifically provides for their participation in this Plan. (f) " Employer ' means City of Brooklyn Center. (g) " Employment Related Dependent Day Care Expense means an "employment- related expense," as defined in Section 21(b) of the Code. As of the Effective Date of the amended and restated Plan, this means an amount paid for expenses of a Participant for household services or for the care of a Qualifying Individual, to the extent that such expenses are incurred to enable the Participant to be gainfully employed, • within the meaning of Section 21(b)(2) of the Code, for any period for which there are one (1) or more Qualifying Individuals with respect to such Participant; provided, however, that (1) if such amounts are paid for expenses incurred outside the Participant's household, they shall constitute Employment Related Dependent Day Care Expenses only if incurred for a Qualifying Individual who is a Dependent under the age of thirteen (13) for whom the Participant is entitled to an exemption under Section 151(c) of the Code or for a Qualifying Individual who regularly spends a least eight (8) hours per day in the Participant's household; (2) if the expense is incurred outside the Participant's home at a facility that provides care for more than six (6) individuals who do not regularly reside at the facility, the facility must comply with all applicable state and local laws and regulations, including licensing requirements, if any; and (3) Employment Related Dependent Day Care Expenses of a Participant • shall not include amounts paid or incurred for services provided by (i) a 2 child of such Participant who is under the age of nineteen (19) or (ii) an individual who is a Dependent of that Participant or the Participant's spouse. (h) " Health Care Reimbursement Charge means the cost to a Participant for coverage under the medical reimbursement plan described in paragraph 5.2.2 hereof. (i) " Medical Care includes the diagnosis, cure, mitigation, treatment, or prevention of sickness, injury, or defect. Expenses for Medical Care shall consist of expenses for medical care as defined in Sections 213(d)(1)(A) and (B) of the Code, and shall include, but not be limited to, payments for the purpose of affecting any structure or function of the body, for any hospital or nursing charges, optometrical, ophthalmological, or auditory care, dental care, psychiatric care, prescription drugs, insulin, eyeglasses, hearing aid appliances, and similar prosthetic devices, and medical related transportation expense; • provided, however, that medical care shall not include any cosmetic procedure that is not medically necessary. (j) " Participant " means an Eligible Employee of the Employer who has satisfied the participation conditions of Article III. A person who becomes a Participant shall remain a Participant until all benefits due the Participant under the provisions of the Plan have been paid to the Participant or otherwise have been satisfied. (k) " Period of Coverage ", with respect to any Plan Year, means the Plan Year; provided that, (i) for any Eligible Employee who becomes a Participant after the start of a Plan Year, the Period of Coverage shall mean the period commencing on the effective date of the Eligible Employee's participation, (ii) the Period of Coverage for any Participant shall end upon the end of the month in which termination of employment occurs or the Participant ceases to be an A) Eligible Employee, except 9 ( • with respect to dependent day care reimbursement coverage under 3 paragraph 5.2.3 or (B), in the case of medical reimbursement coverage • under paragraph 5.2.2, if the Employee continues coverage in a manner 9 P 9 consistent with this Plan, and (iii) with respect to medical reimbursement coverage under paragraph 5.2.2, the Period of Coverage shall not include any portion of the Plan Year for which the Participant does not pay the applicable Health Care Reimbursement Charge. (1) " Plan " means the "City of Brooklyn Center Health Care and Dependent Day Care Expense Reimbursement Plan" as set forth herein and as amended or restated from time to time. (m) " Plan Year means the twelve -month period ending each December 31. (n) " Qualifying Individual means a "qualifying individual" as defined in Section 21(b) of the Code, which includes, on the Effective Date of this Plan, (i) a Dependent of a Participant who is under the age of thirteen (13), with respect to whom the Participant is entitled to an • exemption under Section 151(c) of the Code, and (ii) a Participant's Dependent or spouse who is physically or mentally incapable of caring for himself. (o) " Status Change with respect to a Participant means a change in the Participant's marital status or number of Dependents, a commencement or termination of employment of a Participant's spouse, a change in the employment status of the Participant or the Participant's spouse from full -time to part-time or vice versa, an unpaid leave of absence of the Participant or the Participant's spouse, a family or medical leave as described in Section 3.5, a significant change in the health coverage of the Participant or the Participant's spouse that is beyond the control of the Participant or the Participant's spouse and is related to the employment of Participant's spouse, or such other changes in circumstances that the Employer administratively defines as Status • 4 Changes, so long as any such definition is consistent with applicable law • and regulations and is applicable to Participants on a uniform basis. Section 2.2 Gender and Number Pronoun references in the Plan shall be deemed to be of any gender relevant to the context, and words used in the singular may also include the plural. Article III. Eligibility and Participation Conditions Section 3.1 Participation Conditions As a condition to participation and receipt of benefits under this Plan, an Eligible Employee agrees to: (a) Furnish to the Employer the application to participate provided for in Section 3.2 prior to becoming an Eligible Employee; (b) Designate a portion of his/her Compensation as Pay Conversion Contributions in accordance with the provisions of Section 4.2; (c) Observe all rules and regulations implementing this Plan; (d) Consent to inquiries by the Employer with respect to any • physician, hospital, or other provider of Medical Care or other services involved in a claim under this Plan; and (e) Submit to the Employer, or such other agent as the 9 Employer may designate, all reports, bills, and other information which the Employer may reasonably require. Section 3.2 Application to Participate As a condition of participation, each Eligible Employee shall execute and deliver to the Employer a written and signed application by which the Eligible Employee applies to participate in the Plan, designates the required amount of Compensation for the Plan Year in question as Pay Conversion Contributions as described in Section 4.2, make a benefit election, and supply any other pertinent information that the Employer reasonably requires. Section 3.3 Commencement of Participation An employee will become a Participant on the date the employee becomes an Eligible Employee and satisfies all participation conditions provided for in Section 3.1 or on the first day of any subsequent • Plan Year. 5 Section 3.4 Continuation Coverage A Participant whose employment is e terminated or who takes a leave of absence, including a Family or Medical Leave under Section 3.5 or a military leave as defined in Section 3.7, shall be entitled to continue coverage as provided in this Plan or as may otherwise be required by applicable law. Other persons shah be entitled to commence or continue coverage as required by applicable law. Section 3.5 Family or Medical Leaves If the Family and Medical Leave Act of 1993 applies to the Employer and a Participant takes a Family or Medical Leave as those terms are defined under the Family and Medical Leave Act of 1993, the Participant may continue to participate in this Plan consistent with one of the following provisions: (a) the Participant shall agree to make all required contributions for the benefits he or she has selected under the Plan on an after -tax basis during the Family or Medical Leave at such times as the Employer may require pursuant to reasonable rules established by the Employer, or is (b) prior to the beginning of such leave, the Participant shall pay all contributions required for the benefits he or she has selected under the Plan for the duration of the leave, (i) on an after -tax basis or, (ii) if the Participant has Compensation from which such payment may be deducted, on a pre -tax basis, but only for the portion of the leave extending through the end of the calendar year in which such prepayment occurs, but only for the portion of the leave extending through the end of the calendar year in which such prepayment occurs. Notwithstanding the foregoing, if the Employer continues to provide or maintain coverage under any benefit selected by a Participant during a Family or Medical Leave in circumstances where the Participant has elected to continue such coverage and has failed to make the required contributions, the Employer shall have the right to recover the cost of such coverage from the Participant at the end of the Family or Medical Leave to the fullest extent authorized by the Family and Medical Leave Act of 1993 and • pursuant to any method authorized by the Family and Medical Leave Act of 1993. 6 A participant taking a Family or Medical Leave may revoke any existing • election of health coverage benefits under paragraph 5.2.1 or medical reimbursement benefits under paragraph 5.2.2 by providing written notice of such revocation to the Employer, on a form prescribed by the Employer, not later than 30 days after the commencement of the Family or Medical Leave. If a Participant's coverage benefits under paragraph 5.1.1 or medical reimbursement benefits under paragraph 5.2.2 terminate while a Participant is on a Family or Medical Leave, either because of revocation, as described above, or nonpayment of premiums, upon returning from the Family or Medical Leave the Participant will be entitled to reinstate such Participant's benefit election and coverages for the remainder of the Plan Year, on the same terms as applied prior to the commencement of the Family or Medical Leave; provided, however, if a Participant's medical reimbursement coverage is reinstated upon return from a Family or • Medical Leave and the Participant is entitled to reinstate coverage only because the coverage terminated in connection with a Family or Medical Leave, (a) the Participant's Period of Coverage for the Plan Year will exclude periods for which coverage had lapsed because of the revocation or termination, (b) no Medical Care expenses incurred during the excluded period will be eligible for reimbursement under the Plan, (c) the Participant's level of coverage for such Plan Year will equal the Participant's coverage level in effect at the time of the revocation or termination reduced on a pro -rata basis to reflect excluded periods for which the Health Care Reimbursement Charges were not paid, and (d) all previously paid benefits will be charged against that revised coverage level. To reinstate coverage under this Section the Participant shall provide a written request for reinstatement to the Employer, on a form prescribed by the Employer, prior to, or not later than 30 days after, the • Participant's return from the Family or Medical Leave. 7 Section 3.6 Qualified Medical Child Support Orders. • (a) Procedures. The Company shall establish reasonable procedures to determine the qualified status of Medical Child Support Orders ( "Orders "), and to administer the provision of benefits under such Orders. Such procedures shall be in writing and shall be deemed a part hereof. When the Company receives an Order, it shall promptly notify the Participant, and each Alternate Recipient of the receipt of such Order and the Plan's procedures for determining the qualified status of such Orders. Such notice shall be in writing nd shall be mailed to each person entitled to notice at 9 p the address included in the Order. An Alternate Recipient may designate a representative for receipt of copies of any and all notices either in the Order or by a writing addressed to the Company. Within a reasonable period after receipt of such Order, the Company shall determine whether such Order is a Qualified Medical Child Support Order and notify the Participant and each Alternate Recipient (or his or her designee) of such determination. (b) Definitions. For purposes of this section, the following items • have the following meanings: (i) "Medical Child Support Order" means any judgment, decree or order (including approval of a settlement agreement) issued by a court of competent jurisdiction which (i) provides for child support with respect to a child of a Participant under the Plan or provides for health benefits coverage to such a child, is made pursuant to a State domestic relations law (including a community property law), and relates (or arguably may relate) to benefits under the Plan or (ii) enforces a law relating to medical child support described in Section 1908 of the Social Security Act with respect to the Plan. (ii) "Alternate Recipient" means any child of a Participant who is recognized under a Medical Child Support Order as having a right to enrollment or benefits under the Plan with respect to such Participant. (iii) "Qualified Medical Child Support Order' means a medical child support order which (i) creates or recognizes the existence of an • Alternate Recipient's right to, or assigns to an Alternate Recipient the right to, 9 receive benefits for which a Participant or beneficiary is eligible under the Plan, • (ii) clear) s pecifies the name and the last known maili address if an Y A P () 9 ( Y) of the Participant and the name and address of each Alternate Recipient covered by the Order, (B) a reasonable description of the type of coverage to be provided by the Plan to each such Alternate Recipient, or the manner in which such type of coverage is to be determined, (C) the period to which such order applies, and (D) each plan to which such order applies, and (iii) does not require the Plan to provide an type or form of benefit, or any option, not otherwise provided under the Plan, except to the extent necessary to meet the requirements of the law relating to medical child support described in Section 1908 of the Social Security Act. Section 3.7 Rights Upon Reemployment After Military Leave of Absence.. A Participant whose coverage under a "Health Plan," (as that term is defined under the Uniformed Services Employment and Reemployment Rights Act of 1994 ( "USERRA ")) offered through this Plan was terminated during a military leave of absence (as defined • under USERRA), such Participant shall be entitled to reinstate coverage under such Health Plan consistent with the USERRA. Article IV. Plan Contributions and Benefit Costs Section 4.1 Benefit Costs The cost of any benefit elected by a Participant shall be paid for through the Participant's available Employer contributions or Pay Conversion Contributions as described below. Section 4.2 Pay Conversion Contributions Each Participant shall designate a portion of the Participant's Compensation as Pay Conversion Contributions at a rate equal to the maximum aggregate annual employee costs of all benefits that may be elected by the Participant under this Plan, reduced by the amount of any Employer contributions available to such Participant under Section 4.3. Except as otherwise provided by the Employer, Pay Conversion Contributions shall reduce the Participant's Compensation ratably on each day during the Plan Year following the effective date of the Participant's participation. The Employer may utilize election forms which do not • 9 require an initial reduction and an election to take the balance in cash so long as the • end result is the same as provided above. Section 4.3 Employer Contributions In its discretion, the Employer may make contributions to the Plan on behalf of the Participants whom they employ. Any such contributions shall be made at an annual rate determined by the Employer. A pro rata portion of such contributions shall be contributed on such date or dates during the Plan Year as the Employer determines in its sole discretion. Employer contributions shall be made only on behalf of Participants who are currently employed by the Employer on the date that the contribution is made. A Participant's Employer contributions shall be automatically applied to pay the Participant cost of any benefits elected by the Participant. If no benefits are elected, Employer contributions will be used to pay the Participant taxable cash compensation benefits under Section 5.3. Participants shall be informed prior to the commencement of each Plan Year of the amount, if any, of such Employer contributions to be made during the Plan Year. Section 4.4 Benefit Selection A Participant's initial benefit election shall be • made as part of the application to participate. Thereafter, subject to such reasonable restrictions, if any, as the Employer may impose on a uniform basis with respect to elections regarding specific benefits, a Participant may change his or her election for a subsequent Plan Year by providing written notice to the Employer, on forms prescribed by the Employer and at such time prescribed by the Employer. The Employer or any provider of benefits hereunder may impose restrictions on the election of benefits under the Plan, such as, but not limited to, evidence of insurability. Section 4.5 Revocation or Changes in Benefit Elections A Participant's benefit election for any Plan Year shall be irrevocable during the Plan Year, except that (a) the Employer may limit or reduce a Participant's contributions allocable to certain benefits in accordance with Section 4.8, and (b) changes may be made as required by the Family and Medical Leave Act of 1993 and Section 3.5, and (c) if there is a Status Change, a Participant shall be entitled to change the Participant's election of benefits in • a manner that is consistent with the Status Change by providing written notice thereof 10 • to the Employer, on a form prescribed by the Employer, either prior to or after the Status Change, but not later than thirty (30) days after the occurrence of the Status Change; provided, however, that a Participant may not make any change pursuant to this clause (c) that would reduce the Participant's level of health care reimbursement coverage under paragraph 5.2.2 to an amount that would be less than the amount of benefits claimed under such coverage as of the date the change would become effective. Any such change shall be effective for the first pay period for which the Employer can process the change, but not later than thirty (30) days after the date such Participant's written notice is received by the Employer. Notwithstanding the foregoing, (x) any Participant whose benefit election has been revoked for such Plan Year pursuant to Section 4.7 below shall at no time be entitled to make a new benefit election for such Plan Year, and (y) a Participant who has elected to pay for a benefit solely through after -tax payroll deductions rather than through Pay Conversion Contributions may make election changes with respect to such benefit in accordance with rules established by the Employer. If there is a change in cost of coverage for a • benefit provided by an independent third party, the Employer may, on a reasonable and consistent basis, automatically adjust the Participant's election and automatically increase ' i ase or decrease, as the case may be, all affected Participants Pay Conversion Contributions. To the extent provided by the Employer on a uniform basis, if coverage under a health plan provided by an independent third party is significantly curtailed or ceases during a Period of Coverage, affected Participants may revoke their elections under such health plan, and, in lieu thereof, elect to receive on a prospective basis coverage under another health plan with similar coverage. Section 4.6 Termination of Employment In the event of the termination of a Participant's employment, the Participant's Pay Conversion Contributions and Employer contributions will cease at such time as the Participant ceases to receive Compensation for employment services. To the extent permitted under Section 3.4 such a Participant may elect to continue to make contributions for benefits under this Plan other than through Pay Conversion Contributions. if the Participant should return • 11 to service with the Employer during the Plan Year, the Participant may not make a new • benefit election for the remaining portion of the Plan Year. Section 4.7 Cessation of Required Contributions A Participant's election to receive a benefit under this Plan shall be automatically revoked effective the first day of any period for which such Participant fails to make a contribution required by the Employer for such benefit for such period. Section 4.8 Adiustments to Prevent Discrimination If the Employer believes that the Plan or any of its benefits might otherwise be deemed discriminatory under any provision of the Code, it may, in its absolute discretion, limit or reduce the amount of Employer contributions and Pay Conversion Contributions of such Participants allocable to such benefits described herein in such amounts as are necessary, in its good faith judgment, to avoid such discrimination; provided that any such limitation imposed o the affected osed b the E shall a I on a uniform basis among P Y apply 9 Participants. Section 4.9 Available Benefits The Employer shall maintain and make • available to Participants accurate lists and descriptions of the respective types, amounts, and costs of benefits available through the Plan. Each Participant shall be notified in writing if there is (a) a change in the cost of a benefit or (b) a change in the type, nature, or amount of any benefit. Article V. Plan Benefits Section 5.1 Available Benefits Except as otherwise provided in this Article, and subject to any open enrollment or other provisions of contracts with third party benefit providers, a Participant may use available Employer contributions or Pay Conversion Contributions to pay for the benefits described in Section 5.2 that the Participant has elected to receive. Benefits shall be provided under such insurance policies, plans, programs or other arrangements as are obtained by or established by the Employer. All benefits are subject to the terms and conditions of the plans, policies, programs or other arrangements obtained or established by the Employer to fund or provide those benefits. 12 Section 5.2 Benefits • 5.2.1 Health Coverage Payment of the employee cost of coverage under the City of Brooklyn Center Medical Plan. 5.2.2 Medical Reimbursement A Participant may elect to receive medical reimbursement benefits under the terms and conditions of this paragraph 5.2.2. (a) Health Care Reimbursement Coverage Participants may elect to receive medical reimbursement coverage of up to a maximum coverage of $2,000 per Plan Year but not less than $200 per Plan Year. (b) Health Care Reimbursement Charge Prior to the commencement of each Plan Year, the Employer shall determine and communicate to Participants the annual rate of the Health Care Reimbursement Charge for each dollar of medical reimbursement coverage for the forthcoming Plan • Year. A Participant's Health Care Reimbursement Charge shall be payable from the Participant's available Employer contributions or Pay Conversion Contributions on a monthly or other periodic basis during the Plan Year as determined by the Employer and communicated to Participants. (c) Health Care Reimbursement Benefits Subject to limitations contained in other provisions of this Plan, a Participant who incurs expenses for Medical Care attributable to the Participant or the Participant's spouse or Dependents during the Participant's Period of Coverage for a Plan Year shall be entitled to receive from the Employer full reimbursement for the entire amount of such expenses to the extent of the maximum amount of coverage elected by the Participant for that Plan Year. The Employer shall pay • all such expenses to the Participant upon the presentation 13 O of documentation of such expenses in a form prescribed by the Employer, which shall include satisfactory third party evidence of the amount of the expense and the date(s) incurred. In addition, upon presentation of a claim, a Participant shall expressly represent that the item for which a claim is made is not subject to reimbursement under any policy described in paragraph 5.2.2(d) or from any other source. In its discretion, the Employer may pay any of such expenses directly, in which event the Employer shall be relieved of all further responsibility with respect to that particular expense. These expenses shall be paid periodically during the Plan Year upon receipt during the prior month of a claim complying with Plan requirements and by March 1 (no minimum claim) following the close of the Plan Year upon receipt no later than February 15 of a claim complying with Plan requirements. (d) Limitations on Health Care Reimbursement Benefits Anything in the Plan to the contrary notwithstanding, no Participant shall be entitled to benefits under this paragraph 5.2.2: (i) If, and to the extent that, the reimbursement or payment is covered under any insurance policy or policies, whether paid for by the Employer or the Participant, or under any other health and accident plan by whomever maintained. If that there is such a policy or plan in effect providing for reimbursement or payment, in whole or in part, then to the extent of the coverage under that policy or plan, the Plan shall be relieved of any liability; or 14 • (ii) To the extent that the expense has been submitted for reimbursement from the Participant's Dependent Day Care Reimbursement Account. (e) Separate Written Plan For purposes of the Code, paragraph 5.2.2 shall constitute a separate written plan providing for the reimbursement of Medical Care expenses. To the extent necessary, other provisions of the Plan are incorporated by reference in paragraph 5.2.2. 5.2.3 Dependent Day Care Reimbursement A Participant may elect to receive dependent day care reimbursement for eligible dependent day care expenses under the terms and conditions of paragraph 5.2.3. (a) Dependent Day Care Reimbursement Accounts A Dependent Day Care Reimbursement Account shall be established for each electing Participant for each Plan Year. Each Dependent Day Care Reimbursement • Account shall initially contain Zero Dollars ($0.00). (b) Increases in Dependent Day Care Reimbursement Accounts A Participant's Dependent Day Care Reimbursement Account shall be increased each relevant pay period by such whole dollar amount of the Participant's available Employer contributions or Pay Conversion Contributions as the Participant has elected to apply toward the Participant's Dependent Day Care Reimbursement Account provided that the maximum annual rate of increase of a Participant's Dependent Day Care Reimbursement Account attributable to a Participant's Employer contributions or Pay Conversion Contributions shall be Five Thousand Dollars ($5,000) and the minimum shall be Two Hundred Dollars ($200). • 15 (c) Decreases in Dependent Day Care • Reimbursement Account A Participant's Dependent Day Care Reimbursement Account shall be reduced by the amount of an benefits aid to or on behalf of a Participant Y P P pursuant to paragraphs 5.2.3(d) or 5.2.3(e). (d) Dependent Day Care Benefits Subject to limitations contained in other provisions of this Plan, and to the extent of the amount contained in the Participant's Dependent Day Care Reimbursement Account, a Participant who incurs Employment Related Dependent Day Care Expenses shall be entitled to receive from the Employer full reimbursement for the entire amount of these expenses incurred during the Period of Coverage for a Plan Year to the extent of the amount contained in the Participant's Dependent Day Care Reimbursement Account for that Plan • Year; provided that no reimbursement shall be paid pursuant to this paragraph 5.2.3 to the extent that an expense has been submitted for reimbursement as a Medical Care expense under paragraph 5.2.2. The Employer shall pay all such expenses to the Participant upon the presentation to the Employer of documentation of these expenses in a form prescribed by the Employer. However, in its discretion, the Employer may pay any of these expenses directly, in which event the Employer shall be relieved of all further responsibility with respect to that particular expense. These expenses shall be paid periodically during the Plan Year upon receipt during the prior month of a claim complying with Plan requirements and by March 1 (no minimum claim) following the close of a Plan • 16 Year upon receipt no later than February 15 of a claim e complying with Plan requirements. (e) Forfeiture of Unused Benefits If, following the final payment of reimbursement benefits for eligible expenses incurred during the Period of Coverage for any Plan Year, any amount remains in a Participant's Dependent Day Care Reimbursement Account for that Plan Year, the Participant shall forfeit such amount to the Employer, and shall have no further claim to that amount. (f) Annual Statement of Benefits On or before January 31 of each calendar year, the Employer shall furnish to each individual who was a Participant that received benefits under paragraph 5.2.3 during the preceding calendar year, a statement of all such benefits paid to ' or on behalf of that Participant during the prior • calendar year. (g) Separate Written Plan For purposes of the Code, paragraph 5.2.3 shall constitute a separate written plan providing a program of dependent day care assistance. To the extent necessary, other provisions of the Plan are deemed incorporated by reference in paragraph 5.2.3. 5.2.4 Dental Coverage Payment of the employee cost of coverage under the City of Brooklyn Center Dental Plan. 5.2.5 Life Insurance Payment of the employee cost of up to $50,000 of coverage under the City of Brooklyn Center Life Insurance Plan. Section 5.3 Taxable Cash Compensation The amount of any Employer contributions or Pay Conversion Contributions not used by a Participant for benefits, shall be paid to the Participant as taxable cash compensation at the time the • contributions constituting such Employer contributions or Pay Conversion Contributions 17 would be paid without regard to this Plan. Taxable cash compensation under this Section 5.3 shall be deemed a benefit. Article VI. Claims Procedure Section 6.1 Written Claim for Benefits Benefit payments shall not be made under this Plan until the Employer has received a written claim for reimbursement from the Participant. In that written claim, the Participant must certify that the amount of the claim will not be reimbursed by any other source and will not be claimed for tax credit or deduction purposes on the Participant's income tax return. The Participant must furnish substantiation of the claim amount in a form satisfactory to the Employer. Substantiation shall include a written certification from an independent third party provider that the expense was incurred and the amount of the expense. In addition, in the case of a claim for reimbursement of Employment Related Dependent Day Care Expenses, the Participant must make any and all representations to the Internal Revenue Service as may be required by law with respect to the provider of dependent day care services to a Qualifying Individual. Section 6.2 Claims Procedure The Employer shall notify a person within ninety (90) days of receipt of a written claim for benefits of that person's eligibility or noneligibility for benefits under the Plan. If it is determined that a person is not eligible for benefits or for full benefits, the notice shall set forth (1) the specific reasons for the denial, (2) a specific reference to the provision of the Plan on which the denial is based, (3) a description of any additional information or material necessary for the claimant to perfect the claim and an explanation of why it is needed, and (4) an explanation of the Plan's claims review procedure and other appropriate information as to the steps to be taken if the Participant wishes to have the claim reviewed. If the Employer determines.that there are special circumstances requiring additional time to make a decision, the Employer shall notify the Participant of the special circumstances and the date by which a decision is expected to be made, and may extend the time for up to an additional ninety (90) days. If a Participant is determined by the Employer not to be eligible for benefits, or if the Participant believes that he is entitled to greater or • different benefits, the Participant shall have the opportunity to have the claim reviewed 18 • by the Employer by filing a petition for review within sixty (60) days after receipt by the Participant of the notice issued by the Employer. That petition shall state the specific reasons the Participant believes he is entitled to benefits or greater or different benefits. Within sixty (60) days after receipt of that petition, the Employer shall afford the Participant (and the Participant's counsel, if any) an opportunity to present the Participant's position to the Employer orally or in writing, and the Participant (or the Participant's counsel) shall have the right to review the pertinent documents. The Employer shall notify the Participant of its decision in writing within said sixty -day period, stating specifically the basis of said decision written in a manner calculated to be understood by the Participant and the specific provisions of the Plan on which the decision is based. If, because of the need for a hearing, the sixty -day period is not sufficient, the decision may be deferred for up to another sixty -day period at the election of the Employer, but notice of this deferral shall be given to the Participant. In the event of the death of a Participant, the same procedure shall be applicable to the Participant's beneficiaries. e Article VII. Administration and Finances Section 7.1 Administration The Employer shall be the administrator of the Plan, and, as such, has total and complete discretionary authority to determine conclusively for all parties all questions arising in the administration of the Plan. The Employer shall have all powers necessary to administer the Plan, including, without limitation, powers: (a) to interpret the provisions of the Plan; (b) to establish and revise the method of accounting for the Plan and to maintain the accounts; (c) to establish rules for the administration of the Plan and to prescribe any forms required to administer the Plan; and (d) to change plans, contracts or policies and /or insurers or other providers of benefits described in Sections 5.2 of the Plan. Section 7.2 Delegation The Employer shall have the power, by resolution of its governing body, to delegate specific duties and responsibilities. Such delegations may be to officers or other employees of the Employer or to other individuals or entities. 19 Any delegation by the Employer, if specifically stated, may allow further delegations by • the individual or entity to whom the delegation has been made. Any delegation may be rescinded by the Employer at any time., Each person or entity to whom a duty or responsibility has been delegated shall be responsible for the exercise of those duties or responsibilities and shall not be responsible for the acts or failure to act of any other individual or entity. Section 7.3 Reports and Records The Employer and those to whom the Employer has delegated duties and authority under the Plan shall keep records of all their proceedings and actions, and shall maintain all books of account, records, and other data necessary for the proper administration of the Plan and to comply with applicable laws. Section 7.4 Actions of the Employer Subject to the claims procedures of Article VI, all determinations, interpretations, rules, and decisions of the Employer shall be conclusive and binding upon all persons having or claiming to have any interest or right under the Plan. • Section 7.5 Finances The costs of the Plan shall be borne as provided herein. For purposes of the Plan, Pay Conversion Contributions shall be deemed contributions by the Employer. Section 7.6 Indemnification To the extent permitted by law, the Employer shall indemnify the members of the Employer's governing body, and others to whom the Employer has delegated duties and authority pursuant to Section 7.2 who are either employees or members of the governing body of the Employer against any and all claims, losses, damages, expenses, and liabilities, arising from their responsibilities in connection with the Plan which are not covered by insurance (without recourse) paid for by the Employer, unless due to gross negligence or intentional misconduct. Article VIII. Amendments and Termination Section 8.1 Amendments The Employer shall have the right at any time and from time to time, by resolution or action of its governing body, or by action of such other person(s) to whom such authority has been delegated by the Employer's governing body pursuant to Section 7.2, to amend the Plan, in full or in part,, the 20 amendment to be effective at the time stated therein. Any such amendment shall be filed with the Plan documents. Section 8.2 Benefits Provided through Third Parties In the case of any benefit provided pursuant to an insurance policy or other contract with a third party, the Employer may amend the Plan by changing insurers, policies, or contracts without changing the language of the Plan, provided that copies of the contracts or policies are filed with the Plan documents and the Participants are informed of the effects of any changes. Section 8.3 Termination The Employer expects the Plan to be permanent, but necessarily must, and hereby does, reserve the right to terminate the Plan at any time. Neither the Employer nor any of its officers, members of its governing body, or employees shall have any further financial obligations under the Plan from and after termination of the Plan except those that have accrued up to the date of termination and have not been satisfied. Article IX. Miscellaneous • Section 9.1 No Guaranty of Employment The adoption and maintenance of the Plan shall not be deemed to be a contract of employment between the Employer and any employee. Nothing contained in the Plan shall give any employee the right to be retained in the employ of the Employer or to interfere with the right of the Employer to discharge any employee at any time, nor shall it give the Employer the right to require any employee to remain in its employ or to interfere with the employee's right to terminate employment at any time. Section 9.2 Limitation on Liability The Employer does not guarantee benefits payable under any insurance or health maintenance organization policy or contract described in the Plan, and any benefits payable thereunder shall be the exclusive responsibility of the insurer or health maintenance organization that is obligated under the contract or policy. Section 9.3 Non - Alienation No benefit payable at any time under the Plan shall be subject in any manner to alienation, sale, transfer, assignment, pledge, attachment, • or encumbrance of any kind. 21 Section 9.4 Applicable Law The Plan and all rights under it shall be governed • by and construed according to the laws of the State of Minnesota, except to the extent those laws are preempted by the laws of the United States of America. Section 9.5 Benefits Provided Through Third Parties In the case of any benefit provided through a third party, such as an insurance company, pursuant to a contract or policy with that third party, if there is any conflict or inconsistency between the description of benefits contained in the Plan and the contract or policy, the terms of the contract or policy shall control. City of Brooklyn Center By: Its • 22 5F MEMORANDUM DATE: February 5, 1997 TO: Michael McCauley, City Manager FROM: Scott Brink, City Engineer 'foe SUBJECT: Resolution Accepting Bid and Awarding Contract, Improvement Project No. 1997 -07, Contract 1997 -A, Replacement of Underground Storage Tanks and Fuel System, Central Garage. On January 29, 1997, bids were received and opened for the above referenced project. This project was authorized by the City Council on September 23, 1996 per Resolution No. 96 -195. As shown on the attached previous correspondence, an amount of $175,000 was estimated and programmed from the Capital Improvements Fund and the Water and Sanitary Sewer Utilities for this project. The bid proposal form provided for a "base" bid along with five (5) alternate bid submittal items. Four of the alternate items were submitted in order to provide the City with reasonable cost protection in the event that unanticipated construction costs are encountered. For example, it is anticipated that the existing concrete support slab for the existing tanks can be re -used or • modified. However, this cannot be known conclusively until the tanks are unearthed and the slab can be inspected. An alternate price therefore provides a cost for the construction of a new slab if needed. Other similar alternate items included additional electrical wiring and concrete work. Another of the alternate bid items requested provides for the cost of installing a canopy and lighting for the fuel dispenser island. This item was broken out separately from the base bid in order to consider possible deletion of the item in the event that total bid prices received were unusually high or non - competitive. However, the prices received are competitive, and it is recommended that the canopy and lighting be included. The canopy is recommended primarily for safety, maintenance, and efficiency reasons. Covering the pump island area will not only provide safety and maintenance savings by reducing the amount of water, snow and ice in a high traffic area, but will also protect the fuel management equipment system from potential moisture and icing damage. The lighting that a canopy would provide also adds a measure of safety, especially when considering the amount of specialized equipment that is fueled and serviced at this location. We therefore recommend inclusion of the canopy and lighting with the bid award. • The bid results are as follows: e BASE BID BASE &ALTERNATE Earth Burners $134,070 $152,770 Zahl Equipment $136,312 $152,236 Pump & Meter Service, Inc. $146,420.70 $160,327.70 Westside Equipment $152,642 $167,810 Ceres Environmental Services $172,137 $181,319.59 While Earth Burners submitted a slightly lower base bid, the bid of Zahl Equipment for the base work plus the canopy alternate is the overall lowest. The bid documents clearly state that the City has the right to award a contract on the basis of whatever combination of work is in its best interest. Therefore, I recommend award of a contract to Zahl Equipment on the basis of its overall low bid for the base work plus the canopy alternate. It should also be noted that for the other four alternate bid prices (provided in the event of unforeseen construction conditions), Zahl Equipment overall submitted lower prices than Earth Burners. In addition, reference checks on Zahl Equipment have revealed that they have performed similar projects successfully for other municipalities and institutions in a satisfactory manner. It is recommended that the City Council approve the attached resolution awarding a contract to Zahl Equipment Company, providing for Replacement of Underground Storage Tanks and Fuel • System, Central Garage. • Member introduced the following resolution and moved its • adoption: RESOLUTION NO. _ RESOLUTION ACCEPTING BID AND AWARDING CONTRACT, IMPROVEMENT PROJECT NO. 1997 -07, CONTRACT 1997 -A, REPLACEMENT OF UNDERGROUND STORAGE TANKS AND FUEL SYSTEM, CENTRAL GARAGE WHEREAS, pursuant to an advertisement for bids for Improvement Project No. 1997 -07, P J bids were received, opened, and tabulated by the City Clerk and Engineer, on the 29th day of January, 1997. Said bids were as follows: BASE BID BASE &ALTERNATE No. 3 Earth Burners $134,070 $152,770 Zahl Equipment $136,312 $152,236 Pump & Meter Service, Inc. $146,420.70 $160,327.70 Westside Equipment $152,642 $167,810 Ceres Environmental Services $172,137 $181,319.59 WHEREAS, it appears that Zahl Equipment of Minneapolis, Minnesota, is the lowest responsible bidder, based upon the sum of the Base and Alternate 3 bids received. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The Mayor and City Manager hereby authorized and directed to enter into a Y tY g are Y contract with Zahl Equipment of Minneapolis, Minnesota in the name of the City of Brooklyn Center, for Improvement Project No. 1997 -07, according to the plans and specifications therefore approved by the City Council and on file in the office of the City Engineer. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until a contract is signed. 3. The estimated project costs and revenues are as follows: ESTIMATED COSTS Contract $ 152,236 Contingency (other const. alternates) $ 12,634 Consultant Engineering $ 9,000 Staff /Administration 2,000 TOTAL $ 175,870 REVENUES Capital Improvement Fund $ 125,000 Utilities Sanitary Sewer $ 25,435 • Water $ 25,4 TOTAL $ 175,870 RESOLUTION NO. • Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. MEMORANDUM t• DATE: December 6, 1996 TO: Michael McCauley, City Manager FROM: Scott Brink, City Engineer SUBJECT: Resolution Approving Plans and Specifications and Authorizing Advertisement for Bids, Improvement Project No. 1997 -07, Contract 1997 -A, Replacement of Underground Storage Tanks and Fuel System, Central Garage As reported previously to the City Council in September of 1996, the City of Brooklyn Center currently utilizes three (3) underground storage tanks at the Public Works Garage facility. The tanks are used by the City's maintenance fleet. In order to comply with recently established requirements of the EPA and Minnesota Pollution Control Agency, these tanks must be removed and replaced by January 1, 1998. Replacement/relocation of the pumps and re- fueling system will also be necess i It s estimated that the cost of this replacement will be about $175,000, financed from the Capital Improvements Fund and the Water and Sanitary Sewer Utilities. The 1996 CIP had included this improvement as a part of a potential 1997 project called "Site Improvements," and estimated at $325,000. That project also included such improvements as a ring road enhancement of berming P � � b , improvements in the storage yard and cold storage building. We don't anticipate a need to construct those other improvements now for several years. At their September 23, 1996 meeting, the City Council authorized Nova Environmental Services Inc. to provide professional services for the tank and fuel system replacements. Their services include the following tasks: data review and field surveys, preparation of bid plans and specifications, bid solicitation and recommendation, contractor oversight and inspection, and environmental testing services. Nova Environmental has completed plans and specifications, and the project is now ready to advertise for bids. Because of the tight time constraints, it is important that the project proceed ahead in a timely fashion. It is anticipated that the work can be completed before the summer of 1997, when many of the contractors will Iikely be busy performing the same work at schools and for other agencies and institutions. An early start on this project will hopefully enable the City to receive competitive bids for the work. I It is therefore recommended that the City Council approve the attached resolution approving the plans and specifications and authorizing an advertisement for bids. MEMORANDUM DATE: February 4, 1997 TO: Michael McCauley, City Manager FROM: Scott Brink, City Engineer fe Dave Anderson, Sr. Engineering Technician SUBJECT: Resolution Approving Change Order No. 2, Improvement Project Nos. 1996 -01, 02, and 03, Contract 1996 -B, Orchard Lane East Street, Storm Drainage, and Utility Improvements On April 22, 1996, the City Council awarded a contract for the subject improvement to Thomas & Sons Construction Inc. of Rogers, Minnesota. The contract amount was $2,369,969.90 and 15% contingencies in the amount of $355,495.35 were approved by Resolution No. 96 -87. The contingencies are to cover the cost of construction for those items that are unknown at the time of plan preparation, omissions and utility conflicts. • The total amount of Change Order No. 2 is $61,752.00, or 2.6% of the approved 15% contingencies. Change Order No. 1 was approved by the City Council on December 16, 1996 in the amount of $169,825.79 or 7.1 %. Change Order No. 1 and No. 2 equal 9.7% of the approved 15% contingencies. IF The Contractor and Engineering Department agree to carry any extra work invoices and overruns of quantities until the contract has been substantially completed. This eliminates the necessity to prepare change orders each month for Council approval. The City also benefits by continuing interest earnings on unexpended funds. Change Order No. 2 consists of one item considered an overrun of the original contract unit amounts. The quantity of storm sewer removals has increased due to some omissions missed by staff on the original take -off and also some pipe that was anticipated to remain in the ground but which had to be removed due to conflicts. The total quantity of this item was not resolved between the City and the Contractor at the time of Change Order No. 1 preparation. Change Order No. 2 is broken down into one category: 1. Unit Price Overruns • Category No. 1 Unit Price Overruns (Attached Payment Voucher No. 10) Item 37 Overrun of quantity of various size concrete pipe due to omissions and conflict that had to be removed from the trench. 2573 L.F. @ $24.00/L.F. $61,752.00 Total Category No. 1 $61,752.00 SUMMARY Category No. 1 $61,752.00 Total Change Order No. 2 $61,752.00 It is recommended that the City Council approve Change Order No. 2 in the amount of $61,752.00. As this work was all storm sewer removals, the entire cost of this change order should be financed by the Storm Drainage Utility. A resolution is attached for Council consideration. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING CHANGE ORDER NO. 2, IMPROVEMENT PROJECT NOS. 1996 - 01,02, and 03, CONTRACT 1996 -B, ORCHARD LANE EAST STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS WHEREAS, the City Council on April 22, 1996 by Resolution No. 96 -87 awarded Improvement Project Nos. 1996 -01, 02, and 03, Orchard Lane East Street, Storm Drainage and Utility Improvements to Thomas & Sons Construction, Inc; and WHEREAS, the City Council on December 16, 1996, by Resolution No. 96 -239 approved Change Order No. 1 and amended the contract amount to be $2,539,795.69. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: • 1. Change Order No. 2 is hereby approved and payment is authorized to Thomas & Sons Construction in the amount of $61,752.00. 2. The original contract plus Change Order No. 1 in the amount of $2,539.795.69 is increased by $61,752.00 and the amended contract shall be $2,601,547.69. 3. Change Order No. 2 shall be financed by the Storm Drainage Utility. 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 Contract No. 1996 -B 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Project No. 1996 -01, 02 & 03 • Payment Voucher No. 10 For Period Ending: February 4, 1997 City of Brooklyn Center to: Thomas & Sons Construction, Inc. P.O. Box 303 Rogers, MN 55374 -0303 Telephone: 428 -2229 Amount of Contract: $2,369,969.90 Date Approved: April 22, 1996 Project Description: Orchard Lane East Value Less Less Funds of Work Charges Less Net Project Account Encumbered Certified and Previous Amount Number Number To Date To Date Deducts Retained Payments Due 96- 01,2,3 6413 -4560 $2,369,969.90 $2,369,969.90 CHANGE ORDER NO. 1 $169,825.79 $169,825.79 CHANGE ORDER NO. 2 $61,752.00 $61,752.00 $2,601,547.69 $2,601,547.69 $ 65,000.00 $2,474,795.69 $ 61,752.00 This is to certify that work i shown fy t a items own on this statement of work certified herein have been actually furnished for the referenced project in accordance with plans & specifications approved and that the total work is 99% complete. Date: City Engineer CITY OF BROOKLYN CENTER CERTIFICATION This is to certify that, to the best of my knowledge, information & belief, the quantities and values of work certified herein are a fair approximate estimate for the period covered by this voucher. Date: CONTRACTOR I hereby recommend payment of this voucher. Date: Director of Public Services CITY OF BROOKLYN CENTER Date: City Manager , CITY OF BROOKLYN CENTER Hold check and call when ready. _ Send check to address shown above. heell E1ENG %PROJEC M6PROJECTICONTRAC n9WI PAY10 AS THOMAS & SONS CONSTRUCTION, INC. PERIOD ENDING: FEBRUARY 4, 1997 PAY VOUCHER NO.10 ORCHARD LANE EAST - IMPROVEMENT PROJECT 1996 -01,02 & 03 CONTRACT 1996 -B CONTRACT AS BID STREET SANITARYSEWER WATERMAIN STORM SEW9R TOTAL NO. ITEM DESCRIPTION UNIT UNIT QUANTITY QUANTITY QUANTITY QUANTITY QUANTITY PRICE QUANTITY EXTENSION TO DATE EXTENSION TO DATE EXTENSION TO DATE EXTENSION TO DATE EXTENSION TO DATE EXTENSION 1 MOBILIZATION LS S 44,400.00 1 $ 44,400.00 0.25 $ 11,100.00 0.25 $ 11,100.00 0.25 $ 11,100.00 0.25 $ 11,100.00 1 $ 44,400.00 2 FIELD OFFICE LS $ 3,500.00 1 $ 3,500.00 0.25 $ 875.00 0.25 $ 875.00 0.25 $ 875.00 0.25 $ 875.00 1 $ 3,500.00 3 TRAFFIC CONTROL LS $ 15,000.00 1 $ 15,000.00 0.25 $ 3,750.00 0.25 $ 3,750.00 0.25 S 3,750.00 0.25 S 3,750.00 1 S 15,000.00 4 COMMON EXCAVATION CY S 3.60 16086 $ 57,909.60 16086 $ 57,909.60 16086 S 57,909.60 5 MUCK EXCAVATION CY $ 0.01 500 $ 5.00 500 $ 5.00 500 $ 5.00 6 SELECT GRAN.BORROW (CV) CY $ 0.01 500 $ 5.00 500 S 5.00 500 $ 5.00 7 REMOVE CONIC. SWK SY $ 2.00 500 S 1,000.00 848.3 $ 1,696.60 848.3 S 1.696.60 8 REMOVE CONC D/W SY $ 3.00 1648 $ 4,944.00 1640.6 $ 4,921.80 1640.6 S 4,921.80 9 REMOVE 0 618 CURB 6 GUTTER LF S 3.00 138 Z 414.00 138 $ 414.00 138 S 414.00 10 REMOVE BIT PAVEMENT SY S 0.65 68901 S 44,785.65 68901 $ 44,785.65 68901 $ 44,785.65 11 REMOVE BIT. D/W PAVEMENT SY $ 1.50 4638 $ 6,957.00 4638 S 6,957.00 4638 S 6,957.00 11 SAWCUT CONCRETE LF $ 2.50 1478 $ 3,690.00 1476 $ 3,690.00 1476 S 3,690.00 13 SAWCUT BITUMINOUS LF $ 1.30 4395 S 5,713.50 3988 $ 5184.40 3988 S 5,184.40 14 WATER FOR DUST CNTRL MGAL S 25.00 420 $ 10,500.00 713.6 $ 17,840.00 713.6 S 17,840.00 15 SUBGRADE PREPARATION RDSTA S 90.00 203.8 $ 18,342.00 203.8 S 18,342.00 2030 . S 18,342.00 16 AGO. BASE CLASS 5 CY $ 5.00 13980 $ 69,800.00 13960 $ 69,800.00 13960 $ 69,800.00 17 BASE COURSE MIX (2 ") SY $ 2.00. 61035 $ 122.070.W 62448 $ 124,896.00 62448 S 124,896.00 18 BITUMINOUS MATERIAL FOR TACK GAL $ 1.40 3053 $ 4,274.20 3000 $ 4,200.00 3000 S 4.200.00 19 WEAR COURSE MIX. (1 I12") SY $ 1.70 61035 $ 103,759.50 61102 $ 103,873.40 61102 S 103,873,40 20 SALV. 8 REINSTALL HYD EA $ 500.00 15 $ 7,500.00 18 $ 9,000.00 18 $ 9,000.00 21 NEW WB -59 HYDRANT EA S 1,700.00 11 $ 18,700.00 9 $ 15,300.00 9 S 15,300.00 '. 22 EXPOSE VALVE EA $ 200.00 6 $ 1.600.00 23 ADJUST VALVE EA $ 120.00 18 $ 2,160.00 23 S 2,760.00 23 S 2,760.00 24 REMOVE ALL CIP -DIP (ALL SIZES) LF $ 0.30 6650 $ 1,995.00 6660.5 $ 1,998.15 6660.5 $ 1,998.15 25 6" DIP CLASS 52 LF $ 17.00 2200 $ 37,400.00 3519 $ 59,823.00 3519 $ 59,823.00 26 8" DIP CLASS 52 LF $ 19.00 3020 $ 57,380.00 3090 $ 58,710.00 3090 $ 58,710.00 27 12" DIP CLASS 52 LF $ 26.00 2124 $ 55,224.00 2276 $ 59,176.00 2276 $ 59,176.00 28 PIPE FITTINGS - ALL SIZES LB S 1.85 7800. $ 14,430.00 5413 $ 10,014.05 5413 S 10,014.05 29 6" VALVE EA. $ 390.00 50 $ 19,500.00 29 $ 11,310.00 29 S 11,310.00 30 8" VALVE EA $ 525.00 8 $ 4,200.00 10 S 5,250.00 10 $ 5,250.00 31 12" VALVE WITH MANHOLE EA $ 1,600.00 4 $ 6,400.00 3.5 $ 5,600.00 3.5 $ 5,600.00 32 COR -TEN BOLTS EA $ 2.00 1200 S 2,400.00 382 $ 764.00 382 $ 764.00 33 1" CORP COCK I CURB STOP & BOX EA S 120.00 122 $ 14,640.00 96 S 11,520.00 96 $ 11,520.00 34 1" COPPER PIPE LF $ 10.00 3750 $ 37,500.00 2770.5 $ 27,705.00 2770.5 $ 27,705.00 35 SALVAGE CASTINGS (SAN) EA $ 50.00 69 $ 3,450.00 63 S 3,150.00 63 S 3,150.00 36 REMOVE EXIST. STORM 8 SAN.STRUCT. EA $ 500.00 2 $ 1,000:00 41 $ 20,500.00 41 $ 20,500.00 37 REMOVE EXIST. STORM PIPE (ALL SIZES) LF S 24.00 90 $ 2,160.00 633 S 15,192.00 633 $ 15,192.00 38 CRUSHED ROCK PIPE BEDDING CY $ 18.00 250 $ 4,500.00 692.7 S 12,468.60 692.7 $ 12.468.60 39 12" RCP CL 5 LF $ 24.00 32 $ 168.00 61 $ 1,944.00 81 $ 1,944.00 40 15" RCP CL 5 LF $ 18.00 5599 S 100,782.00 5568.6 S 100,234.80 5568.6 $ 100,234.80 41 18" RCP CL 3 LF S 23.00 525 S 12,075.00 507.8 $ 11,679.40 507.8 $ 11,679.40 42 21" RCP CL 3 LF S 24.00 1433 S 34,392.00 989.1 $ 23,738.40 989.1 $ 23,738.40 43 24" RCP CL 3 LF $ 28.00 543 S 15,204.00 1024.8 $ 28,694.40 1024.8 $ 28,694.40 44 27" RCP CL 3 LF S 38.00 108 $ 4,104.00 - 98 $ 3,724.00 Be S 3.724.00 45 30" RCP CL 3 LF $ 40.00 557 $ 22,280.00 827 $ 33,080.00 821 S 33,080.00 46 36" RCP CL 3 LF $ 79.00 853 $ 67,387.00 853 $ 67,387.00 853 $ 67,387.00 47 42" RCP CL3 LF $ 90.00 472 $ 42,480.00 454 S 40,860.00 454 S 40,860.00 46 48" RCP CL 3 LF $ 114.00 2017 S 229,938.00 1958 $ 223,212.00 1958 $ 223,212.00 48 24" RCP APRON W /GUARD EA $ 850.00 1 $ 850.00 1 $ 850.00 1 S 550.00 49 36" RCP APRON W/ GUARD EA 1 1 1 S 1 1 $ 1 1 S 1.500.00 Pagel SAeel1 50 42" RCP APRON W /GUARD EA S 1,750.00 1 $ 1,750.00 1 1 1,750.00 1 $ 1,750.00 51 36" RCP 7 1N BENDS EA $ 240.00 12 $ 2,880.00 13 $ 3,120.00 13 $ 3,120.00 52 42" FABRICATED BEND EA S 1,800.00 1 $ 1,800.00 53 4' STORM MH O' -10' EA S 1,000.00 77 $ 77,000.00 70 S 70,000.00 70 $ 70,000.00 54 5' STORM MH 0' -10' EA $ 2,400.00 3 $ 7,200.00 4.5 f 10,800.00 4.5 $ 10,800.00 55 6' STORM MH 0' -10' EA $ 2,400.00 1 $ 2,400.00 2 $ 4,800.00 2 S 4,800.00 56 SPECIAL MH'S -65TH d LEE LS S 8,000.00 1 $ 8,000.00 1 S 8,000.00 1 $ 8,000.00 57 10' SPECIAL - 6331 ORCHARD LS $ 7,500.00 1 S 7,500.00 1 S 7,500.00 1 $ 7,500.00 58 CATCH BASIN STRUCTURE 27" EA $ 700.00 66 f 46,200.00 65 $ 45,500.00 65 $ 45,500.00 59 EXTRA DEPTH OF MANHOLE LF $ 80.00 511 $ 4,120.00 54.46 S 4,35640 54.46 f 4,356.80 60 SPECIAL MH - 65TH 6 ORCHARD LS f 30,500.D0 1 $ 30,500.00 1 $ 30,500.00 1 f 30,500.00 61 REBUILD SANITARY MH LF $ 100.00 95 $ 9,500.00 62 4' SANITARY MH 0' -10' EA $ 1,000.00 41 $ 41,000.00 32 $ 32,000.00 32 $ 32,000.00 63 8" PVC SANITARY(0' -1(Y) LF $ 14.00 3704 $ 51,856.00 3670 $ 51,380.00 3670 $ 51,380.00 64 8" PVC SANITARY (10' -12) LF $ 16.00 2293 $ 36,688.00 2293 $ 36,688.00 2293 $ 36,688.00 658 "PVC SANITARY (12' -14) LF $ 17.00 1300 $ 22,100.00 1300 $ .22,100.00 1300 $ 22,100.00 68 8" PVC SANITARY (14' -16') LF $ 18.00 332 S 5,976.00 332 $ 5,976.00 332 $ 5,976.00 67 12" PVC SANITARY (110' -12) LF S 20.00 362 $ 7,240.00 362 $ 7,240.00 362 $ 7,240.00 68 12" PVC SANITARY (12' -14') LF $ 20.00 593 $ 11,860.00 593 $ 11,860.00 593 $ 11,660.00 69 12" PVC SANITARY (14' -16') LF $ 26.00 1295 $ 33,670.00 1295 f 33,670.00 1295 f 33,670.00 70 12" PVC SANITARY (16'48) LF f 26.00 60 $ 1,560.00 71 8" PVC SAN. REPAIR (ALL DEPTHS) LF S 60.00 472 $ 28,320.00 283 $ 16,980.00 283 $ 16,980.00 72 4" WYE ON NEW MAIN EA S 35.00 230 S 8,050.00 176 $ 6,160.00 176 $ 6,160.00 73 4" SANITARY SERVICEFROM NEW MAIN) LF $ 10.00 5115 f 51,150.00. 5263 $ 52,630.00 5263 $ 52,630.00 74 4" SANITARY SERVICE FROM OLD WYE L.F. $ 11.00 720 $ 7,920.00 1485 $ 18,335.00 1485 $ 16,335.00 75 4" WYE AND ADAPTER TO EXIST. EA $ 35.00 24 $ 840.00 22 $ 770.00 22 $ 77000 76 CONN TO SANITARY MH /REDO BENCH EA $ 275.00 4 f 1,100.00 10 $ 2,750.00 10 S 2,750.00 77 ADJUST SAN MH CASTING EA $ 140.00 17 $ 2,380.00 31 $ 4,340.00 31 $ 4,340.00 78 TRANSPLANT TREE (1 " - 5') EA $ 70.00 62 S 4,340.00 79 CLEAR TREE - ALL DIA. -ALL SPECIES EA f 65.00 106 $ 7,020.00 112 $ 7,280.00 112 f 7,280.00 80 GRUB STUMP EA S 85.00 108 $ 9,180.00 100 $ 8,500.00 100 f 8,500.00 81 B -618 CURB & GUTTER LF S 5.50 29070 $ 159,885.00 27890.3 $ 153,396.65 27890.3 f 153,396.65 82 B -612 CURB 8 GUTTER LF $ 15,00 40 f 600.00 33.8 f 507.00 33.8 $ 507.00 83 MACHINE FORM BIT CURB LF f 6.00 105 $ 630.00 64 6" CONCRETE OW SY f 18.00 10330 $ 185,940.00 9031.9 $ 162,574.20 9031.9 S 162.574.20 65 8" CONCRETE DAN SY f 30.00 75 S 2,250.00 68.5 $ 2,055.00 68.5 $ 2.05500 86 BIT. DAN PATCH / TRAIL PATCH SY f 26.00 505 $ 13,130.00 833.56 $ 21,672.56 833.56 S 21,672.56 87 4" CONCRETE SIW ST $ 3.50 2500 f 8,750.00 2500 $ 8,750.00 2500 $ 8,750.00 88 2" HI- DENSITY INSULATION SF $ 0.60 3012 $ 1,807.20 710 $ 426.00 710 $ 426.00 89 SOD W/ 4" TOPSOIL BY $ 1.78 50450 $ 89,801.00 51813 $ 92,227.14 51813 f 92,227.14 90 ORCHARD PARK POND LS S 12,000.00 1 $ 12,000.00 0.75 S 9,000.00 0.75 S 9,000.00 9/ REPAIR IRRIGATION SYSTEM EA $ 100.00 22 $ 2,200.00 92 TEMP. WATER SYSTEM LF $ 2.25 7705 S 17,336.25 7705 $ 17,336.25 7705 $ 17,33615 93 SIGN SALVAGE LS $ 500.00 1 $ 500.00 0.5 $ 250.00 0.5 $ 250.00 94 CONCRETE REVETMENT BLANKET SF $ 6.00 512 f 3,072.00 704 $ 4,224.00 704 S 4,224.00 SUBTOTAL CERTIFIED TO DATE - CONTRACT 1996 -B S 2,369,969.90 $ 937 458.00 f 319,754.00 $ 312,417.45 S 80,340.40 S 2,369.969.85 CHANGE ORDER NO 1 46 36" RCP CLASS 3 LF $ 79.00 S 29,711.90 376.1 S 29,711.90 376.1 f 29,711.90 86 BIT DfW PATCH / TRAIL PATCH BY $ 26.00 $ 20,002.84 769.34 $ 20,002.84 769.34 S 20,002.84 87 4" CONCRETE SIDEWALK SF $ 3.50 $ 23,418.50 6691 $ 23.418.50 6691 $ 23,418.50 ITEMIZED EXTRA WORK INVOICES $ 96,692.55 $ 12,504.78 S 16,583.76 $ 37,799.56 S 29,804.45 f 96.692.55 TOTAL CH ANGE ORDER NOA $ 169,825.79 $ 55,926.12 $ 16,583.76 $ 37 799.56 S 59,516.35 $ 169,825.79 CHANGE ORDER NO.2 37 REMOVE EXISTING STORM PIPE (ALL SIZES) LF $24.00 2573 S 61,752.00 2573 $ 61,752.00 TOTAL CHANGE ORDER NO. 2 $ 61,752.00 S 61,752.00 TOTAL CERTIFIED SO DATE -CONTRACT 1996.8 $ 2 $ 993 384.12 f 336 337.76 $ 350 217.01 $ 921 608.75 S 2 Page 2 .�h MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson City Clerk , ty DATE: February 6, 1997 SUBJECT: Licenses for Council Approval The following companies /persons have applied for City licenses as noted. Each company /person has fulfilled the requirements of the City Ordinance governing respective licenses and submitted appropriate applications and paid proper fees. Licenses to be approved by the City Council on February 10, 1997: Bowling Alley Lynbrook Bowl 6357 North Lilac Drive Gasoline Service Station MacMillan Bloedel 4810 North Lilac Drive Mechanical Systems Changing Climates 1029 Paul Parkway #206, Blaine Diamond Power Mechanical, Inc. 8375 Sunset Road, Spring Lake Park Faircon Service 1891 West County Road C, Roseville McQuillan Bros. Plumbing & Heating 452 Selby Avenue, St. Paul Northwestern Service, Inc. 791 Hampden Avenue, St. Paul Peterson Bros. Sheetmetal 4110 Central Avenue NE, Columbia Heights Swenson Heating & Air Conditioning 6700 West Broadway, Brooklyn Park Thermex Corporation 3529 Raleigh Avenue South, St. Louis Park Ray N. Welter Heating Company 4637 Chicago Avenue South, Minneapolis Pool and Billiard Tables C.D.L. 1317 Jefferson Highway South, Champlin @ Brooklyn Center Community Center • Licenses -2- February 6, 1997 • Rental Dwellings Initial: Todd McDonald 5906 York Avenue North Renewal: Gary Scherber The Lilacs, 5800 Logan Avenue North Boyer Palmer 6101 Beard Avenue North James/Bobbie Simons 6109 -11 -13 Beard Avenue North Terry L. Hartmann 6827 Fremont Place North Gary Scherber 5820 Logan Avenue North Lucille Hanggi 3725 47th Avenue North Sign Hanger Nordquist Sign Company, Inc. 312 West Lake Street, Minneapolis • • la, City of Brooklyn Center A great place to start. A great place to stay. s MEMORANDUM TO: Mayor Kragness, Councilmembers Carmody, Hilstrom, Lasman, and Peppe FROM: Michael J. McCauley, City Manage f DATE: February 6, 1997 SUBJECT: Earle Brown Heritage Center Staff has been discussing the concept of a public open house at the Earle Brown Heritage Center. Those discussions have centered around having a general open house to showcase the facility for the residents of Brooklyn Center and the general public. A Sunday in June would be an anticipated time if we were to formally suggest this for the Council's consideration since the activity on Sundays in June for rentals is rather low. I have had brief conversation with Tony Kuefler of the Historical Society regarding activities the Historical Society would like to undertake to highlight the heritage of the facility as well as to assist in providing tours and interesting activities. Also, I plan to meet with the Earle Brown Days Committee on February 18 to more fully discuss with them the possibility of incorporating Earle Brown Days activities into a City- sponsored open house at the Heritage Center. The current policy of charging all users, including the City, for use of the Heritage Center is consistent with the approach of running the Center as an enterprise. Having an open house to showcase the facility would be consistent with other promotional activities Combining this with an opportunity for the Historical Society and possibly the Earle Brown Days Committee to have smaller events that would not overshadow but would compliment an open house would allow for a general use of the facility and hopefully increase participation in the open house. This concept of an open house is still in the developmental stages. We would like to present this community opportunity on an annual basis if it worked well. However, we are concerned that we have only one such open house /community event per year so that we would not interfere with the general commercial booking of the facility, selecting a rather off -time of the year. We would request deferral of the item until after the February 18th discussion. 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 76 • Memorandum To: Michael J. McCauley, EDA Executive Director From: Tom Bublitz, Community Development Specialises Date: February 5, 1997 Subject: Resolution Calling for a Public Hearing on Proposed Use of 1997 Urban Hennepin County Community Development Block Grant Funds Brooklyn Center is one of 43 Hennepin County cities in the Urban Hennepin County consortium which receives federal Community Development Block Grant (CDBG) funds. Federal CDBG dollars flow from the federal government through the Department of Housing and Urban Development to Hennepin County, where funds are allocated to the 43 participating cities on a formula basis. One of the requirements of the federal CDBG program is that each participating city must hold a public hearing to provide public comment and input on the proposed use of CDBG funds. The resolution included with this memorandum would set the date for the public hearing for the March 10, 1997, City Council meeting. Additionally, the CDBG program requires the city to list • proposed activities it wishes to undertake in the public hearing notice. These proposed activities may be revised or amended at the public hearing. OVERVIEW OF URBAN HENNEPIN COUNTY CDBG PROGRAM Hennepin County has notified the City of Brooklyn Center that its share of the 1997 Urban Hennepin County Community Development Block Grant (CDBG) entitlement will be approximately $247,856. This amount is $12,969 less than last year's allocation. The total estimated 1997 Community Development Block Grant allocation for all of Hennepin County is $2,904,356. FEDERAL CDBG OBJECTIVES Since the CDBG allocation represents federal dollars, the CDBG programs adopted by local jurisdictions must meet one of the following national objectives: Benefitting low and moderate income persons - Prevention or elimination of slums or blight - Meeting a particularly urgent community development need COUNTY -WIDE HOUSING AND COMMUNITY DEVELOPMENT PRIORITIES In addition to the federal objectives, Hennepin County is also required to develop priorities for • CDBG funding under its Consolidated Plan Process. The Consolidated Plan Process has been instituted by the Department of Housing and Urban Development (HUD), and provides for consolidated planning for all federal programs for which the County and municipalities are eligible, including CDBG, HOME (the 1990 Cranston - Gonzales Housing Act), and Emergency Shelter Grant programs. Memorandum to Michael J. McCauley • February 5, 1997 Page 2 The County -wide housing and community development priorities, as part of the Consolidated Plan, include the following: • Rental and supportive housing: Planning, site acquisition, related infrastructure for development of new units and rehabilitation of existing units for low income households (less than 50% of median income). • Home ownership: Planning, site acquisition, related infrastructure, down payment assistance for low income, first -time home buyers, and rehabilitation of existing units occupied by low income households. • Community development: Neighborhood redevelopment/revitalization, senior centers P , removal of architectural barriers /ADA compliance, lead -based paint abatement and planning activities to address housing and community revitalization needs. • Public services: Services to senior citizens, disabled persons and youth, child care assistance and transportation services. • ADMINISTRATIVE REQUIREMENTS Q REMENTS Hennepin County advises that no more than three activities should be undertaken in one community and each activity should have a budget of at least $7,500, although these limits do not apply where funds are committed jointly with other participants, as in the case of the Household Outside Maintenance for the Elderly (H.O.M.E.) program. LOW/MODERATE INCOME BENEFIT Seventy percent of the CDBG funds on a County -wide basis must be utilized for activities benefitting very low and low income residents. FUNDING PUBLIC SERVICES Communities will continue to have the flexibility, initially, of using up to 20% of their CDBG planning allocation to fund public services. Proposals that exceed 20% will be reduced by Hennepin County. REVIEW OF BROOKLYN CENTER'S 1996 CDBG PROGRAM At the October 15, 1996, City Council meeting, the Brooklyn Center City Council reprogrammed $193,971 in CDBG funds from the 1996 Scattered Site Redevelopment Project to the 53rd Avenue Development and Linkage Project. This was the beginning phase of a multi -year CDBG project designed to provide CDBG funding for the 53rd Avenue Development and Linkage Project activities. • In addition to the 53rd Avenue Development and Linkage Project activities, the 1996 program also included rehabilitation of private property and the Household Outside Maintenance for the Elderly (H.O.M.E.) program. The final allocation of funds were as follows: Memorandum to Michael J. McCauley • February 6, 1997 Page 3 Rehabilitation of Private Property $60,054 (EDA home rehabilitation deferred loan program) Household Outside Maintenance for the Elderly (H.O.M.E.) $6,000 53rd Avenue Development and Linkage Project $193,971 Total (1996) $260,025 The public hearing notice included with this memorandum also includes a designation of CDBG programs and recommended funding levels for the CDBG projects and activities. The CDBG projects and activities specified in the public hearing notice are recommended by staff. By approving the resolution and public hearing notice, the City Council would not give final approval to these CDBG activities, and the CDBG projects /activities and/or funding levels specified in the notice e can be changed at the March 10, 1997, public hearing, at which time the City Council uncil will be deciding on the final CDBG program for 1997. Staff recommendations for the 1997 CDBG program are summarized below: • 1. The City's home rehabilitation deferred loan program (rehabilitation of private property) was budgeted at $60,054 for the 1996 CDBG program. The current waiting list of applicants for this program is approximately 41. Presently, the EDA is able to put up to $15,000 in each household to rehabilitate the structure. Staff is recommending an allocation of $60,000 in CDBG funds for the 1997 home rehabilitation deferred loan program. 2. Staff has received a request from Senior Community Services, the Household Outside Maintenance for the Elderly (H.O.M.E.) program for $9,000. This project has been part of the CDBG program for five years and has proved to be a beneficial program. The H.O.M.E. program provides minor maintenance and repair for persons 60 years of age and older and/or permanently disabled individuals. The households are required to pay a certain amount towards the rehabilitation based on a sliding fee scale according to their income. CDBG dollars are used to bring down the overall cost of repairs. Examples of the repairs included in this program are installation of grab bars, painting (interior and exterior), minor roof and gutter repair, concrete repair, and carpentry, including door, window and trim repair. Staff is recommending the allocation of $7,000 for the H.O.M.E. program for 1997. 3. The 53rd Avenue Development and Linkage Project was established as a CDBG project • at the October 15, 1996, City Council meeting. This CDBG project is designed to be a multi -year project, with CDBG funds to be dedicated to project activities on an annual basis. Activities funded with CDBG dollars in the 53rd Avenue Development and Linkage Project include acquisition, relocation, demolition, and environmental activities Memorandum to Michael J. McCauley • February 6, 1997 Page 4 including asbestos abatement and capping of private wells. Staff is recommending an allocation of $180,856 for the 53rd Avenue Development and Linkage Project for 1997. J REQUEST FOR CDBG FUNDS FROM COMMUNITY ACTION FOR SUBURBAN HENNEPIN (CASH) AND COMMUNITY EMERGENCY ASSISTANCE PROGRAM (CEAP) The City has received two requests for funding under the 1997 CDBG program from the Community Emergency Assistance Program (CEAP) and Community Action for Suburban Hennepin (CASH). The dollar amount requested from CEAP is $5,000, and the dollar amount requested from CASH is $6,000. Included with this memorandum are the written requests of CEAP and CASH, along with supporting documentation regarding their CDBG funding requests. • • • NOTICE OF PUBLIC HEARING 1997 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Notice is hereby given that the City of Brooklyn Center, in cooperation with Hennepin County, pursuant to Title I of the Housing and Community Development Act of 1974, as amended, is holding a public hearing on March 10, 1997, at 7:00 P.M., or as soon thereafter as the matter may be heard in the City all located at 6301 ty Shingle Creek Parkway, Brooklyn Center, Minnesota. The public hearing is on the housing and community development needs and priorities of the City and Urban Hennepin County and the City's proposed use of the 1997 Urban Hennepin County Community Development Block Grant Program planning allocation of $247,856. In addition, during the July 1, 1997 to June 30, 1998 program year, it is estimated that no additional program income from locally funded CDBG activities will be available to the City. The City of Brooklyn Center is proposing to undertake the following activities with 1997 Urban Hennepin County CDBG funds starting on or about July 1, 1997: Activi Bud et • Rehabilitation of Private Property $60,000 Household Outside Maintenance for the Elderly (H.O.M.E.) 7,000 53rd Avenue Development and Linkage Project 180,856 Subsequent increases or decreases in the community planning allocation or the budget of any funded activity by the greater of $10,000 or 50% of the activity budget or change in activity location, beneficiary, or purpose is considered a substantial change and pursuant to Urban Hennepin County policy will be subject to the amendment process. For additional information on the priorities, proposed activities, level of funding and program performance, contact the City of Brooklyn Center at 569 -3300 or the Hennepin County Office of P tY Planning and Development at 541 -7080. The public hearing is being held pursuant to Minnesota Statutes Section 471.59. i w4V ASSIsr.4, .o J? 9ocw i January 23, 1997 Mr. Brad Hoffman Director of Community Development City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Dear Mr. Hoffman and City of Brooklyn Center: Community Emergency Assistance Program, Inc. (CEAP) requests your consideration of the following grant proposal the 1997 -1998 Community Development Block Grant (CDBG) funds available in the amount of $5,000. All funding will be crucial to CEAP in order to serve our communities in the wake of welfare reform. CDBG funds will allow CEAP to continue to serve Brooklyn Center residents. This partnership allows CEAP and the City of Brooklyn Center to work toward the common goal of serving the people of the community. O CEAP offers many services including food, clothing, and financial assistance. By providing these services, a crisis can usually be averted and the living situation can be stabilized. The services that we provide are of great value to those who have a demonstrated need in our community. In order to help the people we serve and strengthen the community, we must proactively respond to the needs before they become critical. We hope that the City of Brooklyn Center will join with CEAP in the continuing fight to help those less fortunate in the community. Combining our resources will make the community stronger and more effective in meeting he needs of the p we serve. 9 p p Please contact me if you need additional information. Sincerely, Karen Neis Director of Administration Enclosures: CDBG Proposal 1996 Audited Financial Statements Brochure, Annual Report and Newsletter • FY 97 Budget Board of Directors 7231 Brooklyn Boulevard at CEAP WAY • Brooklyn Center, MN 55429 • 566 -9600, Fax 566 -9604 1201 89th Ave. N.E., Suite 130, Blaine, MN 55434 • 783 -4930, Fax 783 -4700 .�,., • _ _ _ PD ', RRO? t L I. NAME / ADDRESS OF AGENCY REQUESTED AMOUNT: $5,000 7231 Brooklyn Boulevard Brooklyn Center MN 55429 DATES: July 1, 1997 - June 30, 1998 2119197: 6840 78th Ave. N. Brooklyn Park 55445 CONTACTS: Karen Neis, Director of Administration 566 -9600 Tia Henry- Johnson, Executive Director 566 -9600 ADMINISTRATIVE ADDRESS Karen Neis, Director of Administration 566 -9600 CEAP 7231 Brooklyn Boulevard Brooklyn Center, MN 55429 (CEAP was incorporated on May 1, 1971, The office serving Anoka County began operating on July 13, 1987.) 11. PROJECT ACTIVITY • A. LOCATION: 7231 Brooklyn Boulevard, Brooklyn Center, MN 55429 As of 2119/97: 6840 78th Avenue N., Brooklyn Park, MN 55445 B. ACTIVITIES The purpose of CEAP is to prevent a crisis for an individual or family through the provision of intervention services, and to assist clients in receiving long -term self - sufficiency services. Mission Statement: CEAP Is available to the people of the community to answer their critical needs while preserving their dignity as human beings. CDBG funds will be used for direct service needs such as Family Services the MAC /NAPS distribution program, and our Meals at Your Door and Handyworks programs. 100% of the funds will be used for Champlin residents for direct services and assistance. CEAP is a full service human service agency, open from 8:00-a.m. to 4:30 p.m., Monday, Tuesday, Wednesday, and Friday, and is open until 6:00 p.m on Thursdays. —► C. # BENEFITING: From January 1. 1996 through December 31. 199E CEAP served 2,965 families (duplicated client count, based on number of times receiving service) residing in the city of Brooklyn Center (Zip Codes 55429, 55430). Over 100,000 pounds of food was distributed to families from • our food shelf in 1996. Also, CEAP served an additional 173 seniors and /or disabled persons from Brooklyn Center with our Meals at Your Door and Handyworks programs. Over 10,000 meals were served to Brooklyn Center • BROOKLYN CENTER CDBG PROPOSAL, Page 2 residents in 1996. In 1997, CEAP expects to serve approximately 3,200 families from Brooklyn Center. D. HOW THEY BEN F1T• CEAP's services offer families an alternative to economic dependence. By helping families help themselves, special needs assistance and family loans help families gain self- esteem and prevent crises from occurring. CEAP'S services offer supplementary food to people living in northwest Hennepin County. When people have received emergency food assistance from CEAP more than three times per year, CEAP staff refer them to our long term self - sufficiency program. All CEAP clients have access to our clothing closet located at our Brooklyn Center /Brooklyn Park location. Also, CEAP provides hot, nutritional meals to residents of Brooklyn Park, Brooklyn Center and part of Champlin. These meals are delivered to seniors and disabled Monday through Friday by volunteers. Many times, these volunteers are the only human contact that these clients have throughout the week. E. LOW INCOME PERSONS SERVED: 100% of CEAP's client populations below 135% of the federal (HUD - designated) poverty level. In 1995, over 85% of CEAP clients had an annual income of less than $10,000 per year. CEAP's Hennepin County office serves primarily the working poor, newly unemployed, • and seniors. III. PROJECT / PROGRAM DURATION CEAP is an ongoing program. CEAP was incorporated in May of 1971. The office serving Anoka County began operating in July of 1987. The CDBG funds would be spent in 1997/1998, a one year grant. IV. MULTI -YEAR PROJECT CEAP will continue to provide the same services as described above, as long as it is able, and as long as the need exists. V. COMMUNITY PROBLEMS ADDRESSED CEAP addresses a multitude of community problems. The problems. hunger and nutritional deficiencies are addressed by our Meals at Your Door program, the food shelf, Mothers and Children (MAC) program, and the Nutritional Assistance Program for Seniors(NAPS). Homelessness and housing instability are addressed through our financial assistance program. Self- sufficiency needs including transportation, educational expenses, and job - related expenses are also addressed through the services provided by CEAP. • VI. FUNDING SUMMARY A. TOTAL REVENUE NEEDED: For fiscal year ending June 30, 1997 CEAP will need to raise $1,057,739 in revenue. • BROOKLYN CENTER CDBG PROPOSAL, Page 3 B. TOTAL C.D.B G REVENUE NEEDED: Fiscal year ending June 30, 1997: $30,000. CEAP is requesting $ 5,000 from the city of Brooklyn Center CDBG funds. C. SOURCE AND AMOUNT OF OTHER REVENUE: CEAP receives funding from a number of sources as outlined on the enclosed budget. CEAP will seek CDBG funds from the cities of Coon Rapids, Blaine, Fridley, Spring Lake Park, Anoka, Andover, Columbia Heights, Hilltop, Ramsey, Lino Lakes, and Ham Lake, Champlin, Brooklyn Center and Brooklyn Park. VII. COST DETAIL OF ACTIVITIES See enclosed line item budget. Most items are based on last year's needs. VIII. PROJECT AREA • CEAP serves northwest Hennepin County. In 1990 over 27 2 individuals p ty ,83 duals (4.3 /a) in suburban Hennepin County were below the poverty level. This is a +35.5% change over 1980. IX. This project/program is a private 501(c)(3) organization, and is not part of a larger effort. X. PROGRAM CONTACT PERSON Karen Neis, Director of Administration, CEAP Tia Henry- Johnson, Executive Director, CEAP Darleen Simon, Site Manager, Anoka County CEAP XI. INDIVIDUALS AUTHORIZED TO REQUEST / RECEIVE REIMBURSEMENTS Karen Neis, and Tia Henry - Johnson. ENCLOSURES FISCAL YEAR 1997 BUDGET - REVENUES AND EXPENSES CEAP BROCHURE AND NEWSLETTER S CEAP 1995 ANNUAL REPORT FISCAL YEAR END 6/30/96 AUDITED FINANCIAL STATEMENTS BOARD OF DIRECTORS CEAP Board of Directors - September 1996 Walt Beneke Ronald Heinz - President 7600 Arthur St. NE 3309 81st Ave N • Fridley, MN 55432 Brooklyn Park, MN 55443 W -574 -4522 H- 786 -1251 F -574 -4389 W- 951 -2272 H- 561 -0121 F- 951 -2259 Master Scheduler Director - Executive Compensation Medtronic Corporation Honeywell, Inc. St. Alphonsus Catholic Church Mary Ellen Cox , , Ernie Hiatt 12600 Holly St. NW 414 Nicollet Mall Coon Rapids, MN 55448 Minneapolis, MN 55401 W -550 -5505 H -75� -9229 F -550 -5808 W-330-6731 Director ofMaterialsManagement NSP AMS/Schneider USA Bruce Dougan Dean Howarth 10737 6th St. NE 9212 Loch Lomond Ct Blaine, MN 55434 Brooklyn Park, MN 55443 W -574 -3775 H- 757 -6682 F -574 -6392 W-441 -2121 H- 493 -4337 F-441 -3585 Manager/Master Production Planning Director of Safety and Loss Control Medtronic Corporation The Cretex Companies, Inc. Brooklyn United Methodist Church Jane Ewing -1st Vice President Elwood Johnson 4230 66th Ave N 3300 65th Ave N • Brooklyn Center, MN 55429 Brooklyn Center, MN 55429 W -574 -3844 H- 537 -8241 F -574 -6354 H -561 -1563 Finance Aide Cross of Glory Lutheran Church Medtronic Corporation Berean Evangelical Free Church Paula Foster Sister Kathleen Kiemen 707 89th Ave NE 9600 Regent Ave N Blaine, MN 55434 Brooklyn Park, MN 55443 W- 784 -1329 H -784 -7793 F- 784 -1329 W-424 -8770 H- 224 -1283 F- 424 -4327 Pastoral Minister/Licensed Social Worker Director of Outreach and Ministry Catholic Community of St. Timothy St. Gerard's Catholic Church St. Timothy's Catholic Church Charles Gendreau - Secretary Timothy Kulas 8656 Riverview Lane 3026 81st Circle Brooklyn Park, MN 55444 Brooklyn Park, MN 55444 H- 560 -6215 W-473 -5266 H -561 -9549 F-473 -7961 Retired from Federal Government Corporate Controller Redeemer Covenant Church Terry Companies, Inc. St. Alphonsus Catholic Church Gary Gilbert Abby Peterson • 4903 Arrowood Lane 7740 Tessman Drive Plymouth, MN 55442 Brooklyn Park, MN 55445 W -585 -2352 H- 566 -4717 US West Direct Sub pars for District 1279 Prince ofPeace Lutheran Church Donald Ross - Past President 6309 Bethia Lane Brooklyn Park, MN 55428 • W- 428 -8588 H -560 -2305 F-428 -8580 Sales Manager Quality Paper Tubes and Cores, Inc. Sherry Thistle 11820 Douglas Drive Champlin, MN 55316 W- 348 -4492 H-427 -7448 F- 348 -6901 Senior Social Worker Hennepin CountvAdultServices St. Stephen's Catholic Church • • CEAP REVENUE LINE ITEM BUDGET FY 97 FAMILY SERVICES SENIOR SERVICES TOTAL AGENCY INDIVIDUAL $ 39,557.00 $ 10,443.00 $ 50,000.00 CHURCHES $ 103,000.00 $ 22,000.00 $ 125,000.00 BUSINESSES $ 13,000.00 $ 2,000.00 $ 15,000.00 ORGANIZATIONS $ 60,000.00 $ - $ 60,000.00 SCHOOL DISTRICTS $ 38,632.00 $ 38,632.00 TOTAL COMMUNITY SUPPORT $ 254,189.00 $ 34,443.00 $ 288,632.00 MAYD $ - $ 50,000.00 $ 50,000.00 HANDYWORKS $ - $ 300.00 $ 300.00 TOTAL PROGRAM FEES $ - $ 50,300.00 $ 50,300.00 ANOKA COUNTY $ 11,340.00 $ - $ 11,340.00 • ANOKA COUNTY HOMELESS $ 19,000.00 $ $ 19,000.00 HENNEPIN COUNTY $ 71,131.00 $ $ 71,131.00 HENNEPIN COUNTY HOMELESS $ 15,000.00 $ $ 15,000.00 TITLE III MEALS $ - $ 12,000 00 $ ` 12,000.00 TITLE III HANDYWORKS $ - $ 20,000.00 $ 20,000.00 GMCC USDA MEALS $ - $ 4,000.00 $ 4,000.00 GMCC U.W.MANDICAP HANDYWKS $ - $ 5,000.00 $ 5,000.00 GMCC H.C. /HANDICAP HANDYWKS $ - $ 500.00 $ 500.00 FEMA $ 19,671.00 $ - $ 19,671.00 NWHHSC $ 25,000.00 $ - $ 25,000.00 CDBG $ 20,000.00 $ - $ 20,000.00 TOTAL GOVERNMENT $ 181,142.00 $ 41,500.00 $ 222,642.00 FOUNDATIONS $ 123,863.00 $ - $ 128,863.00 UNITED WAY $ 180,720.00 $ 31,082.00 $ 211,802.00 LOAN FUNDS $ 150,000.00 $ - $ 150,000.00 REPAYMENTS $ 5,000.00 $ - $ 5,000.00 MISCELLANEOUS $ 500.00 $ - `$ 500.00 TOTAL. REVENUE $ 900,414.00 $ 157,325.00 $ 1,057,739.00 • ALLOCATION OF BUDGET CEAP LINE ITEM BUDGET FY 97 (7/i/96- 6/30/97) FAMILY SERVICE: SENIOR SERVICES TOTAL AGENCY SALARIES (See attached sheet) $ 402,325.00 $ 54,957.00 $ 457,282.00 FICA $ 24,944.00 $ 3,407.00 $ 28,351.00 MEDICARE $ 5,834.00 $ 797.00 $ 6,631.00 UNEMPLOYMENT $ 3,540.00 $ 433.00 $ 4,023.00 WORKERS COMP $ 3,457.00 $ 471.00 $ 3,928.00 TOTAL PAYROLL TAXES S 37,775.00 S 5,158.00 S 42,933.00 LIFE INSURANCE $ 1,346.00 $ 184.00 $ 1,530.00 MEDICAL $ 21,954.00 $ 2,994.00 $ 24,948.00 LONG TERM DISABILITY $ 2,443.00 $ 333.00 $ 2,776.00 RETIREN'ENT $ 20,120.00 $ 2,744.00 $ 22,864.00 TOTAL EMPLOYEE BENEFITS S 45,863.00 $ 6,255.00 S 52,118.00 AUDIT/PROFESSIONAL SERVICES $ 5,850.00 $ 3,150.00 $ 9,000.00 CONTRACT SERV. HANDYWKS $ 2,500:00 $ 2,500.00 OFFICE SUPPLIES $ 4,550.00 $ 2,450.00 $ 7,000.00 POSTAGE $ 3,000.00 $ 1,000.00 $ 4,000.00 MAINTENANCE SUPPLIES $ 975.00 S 325.00 $ 1,300.00 TOTAL SUPPLIES S 8,525.00 S 3,775.00 S 12,300.00 . MAYD $ - $ 54,000.00 $ 54,000.00 CHRISTMAS $ 10 000.00 $ 10,400.00 FOOD SHELF $ 25,000.00 $ 25,000.00 STIPENDS $ 4,000.00 $ 4,000.00 SHEL,TER/CTTILrMS $ 70,000.00 $ 70,000.00 TRANSPORTATION $ 3,500.00 $ 3,500.00 0.00 BACK TO SCHOOL $ 3,000.00 $ 3,000,00 FAMILY LOANS $ 150,000.00 $ 150,000.00 SPECIAL NEEDS - $ 40,000.00 $ 40,000.00 TOTAL NEEDS OF PEOPLE S 305,500.00 S 54,000.00 S 359,500.00 UTR S 6,370.00 $ 3,430.00 S 9,800.00 TELEPHONE $ 4,030.00 $ 2,170.00 $ 6,200.00 TRASH / RECYCLING $ 5,100.00 $ 900.00 $ 6,000.00 BLDG/ GROUNDS MAINT $ 2,975.00 $ 525.00 $ 3,500.00 FACILITY RENTAL $ 22,500.00 S - $ 22,500.00 TOTAL OCCUPANCY S 40,975.00 S 7,025.00 S 48,000.00 STAFF DEVELOPMENT $ 6,000.00 $ 1,000.00 $ ... 7,000.00 FURNITURE / E UIPMENT Q $ 3,250.00 $ .1,750.00 $ 5,000.00 TRAVEL, STAFF / VOLUNTEER S 4,500.00 $ 1,500.00 $ 6,000.00 VOLUNTEER RECOGNITION S 3,000.00 $ 2,000.00 $ 5,000.00 CONDAUNICATIONS S 3,500.00 $ 1,500.00 $ 5,000.00 DUES / MEMBERSHIPS $ 1,125.00 $ 375.00 $ 1,500.00 INSURANCE $ 6,305.00 $ 3,395.00 $ 9,700.00 DEPRECIATION $ 19,822.00 $ 10,673.00 $ 30,495.00 INTEREST $ 917.00 $ 494.00 $ 1,411.00 MISCELLANEOUS $ 1,950.00 $ 1,050.00 S 3,000.00 TOTAL AGENCY BUDGET S 897,182.00 S 160,57.00 - S 1,057,739.00 27 CY ASsis . op .r - o z-� cz c.� out J 0 0-0 0 0 0- 0 0 _ 19- i nu.- • • • _• "• i •'• • 0 •. 0 • • i • i • • *• ! 0 • - - "Celebrating 25 Years of Service I am very pleased to,preseAt.th4a" report to _the :community, I believe it presents a clear pichire of our presenceand service to;the - r ommu nity. It also highlights the: maJor c6mmitmen't of the Hundreds - volunteers "who. make our programs. an 's mces possible `Without their. assistance and commitment; fiv d e coul nor: contutue;::to: provide - �.th important services and progr ams to our community residents.; _ .;: As the: new Executive Atirctor, I look forward to working with :our' . Vol unteers- and commumty coliabar•ative partners beli eve our f rat . _ �`, , 25 years have been a tune of tremendous graivth and change not ©nly ui our program service dehvezy, but: in the changing demograp OIIr cgIltntMuty a As weface the future to then as a caaimum we Have -° .. challenges before us IE will require more than ever, a commitment: , £rQm: all segments of j our corriimunty to find solutions :to dtcult t:r 'emblems With the recent changes In Waslington,':we kndw thaf we will need to be:more creative n'solving Ehe complexa of poverty,: - health and family: stabilisa on t care o naive just afear W6­0 ill >be asked `tQ tighten our ;belts and fa tie ittore firia�acially creative in _ program design and delivery. I believe . way - ft we can . be - succe: s W addressing these issues rs through strong. commnnit}r eollab�atron As LEAP moves toward a new fiscal :year, our commitment to the coxi u ty is to continue our servicer tai pi avide a supportive environment for fanihes ui n and'to aist`our'senors u' maintaini hence W e ask ng their jndepei that our comigiiu ty collabermive partners: tmde to Join us ui h, -- 6ffii ;and that together.- we' can create a beater, more vital. community Tia Henry,lohnson Executive "Director for all our residents r Photo courtesy of Broo(clyn Center SunPok Executive Director - • . � • • • • We aL Community Emergenc'jr Assistance Program, Inc are pleased i ' s harecvith the you our a zshments m 1995 9Cx-:is ccompti Board President I`tiave had the privilege of pre5ciirigovera board of dedicated commuiriy residents<whaliave:given of their lime and talents to provide policy and gaveraance fot CEAP s many programs aril aarvities As C1rAlx'completes rts 26th year; we have been `a part of marry changes ui otir co dome of those changes have ehallen otu ttunitnng and our way ' of deliverm progra s We believe that change :can signal a ' new Op oriunity And $o, as wef burn a IIew year, 1litfli 3 nett Exeeubve l7irecior providing leadersIup for our staff want to renew our commitment to you, our coiumuxuty `'- Wgbelieve the best way we can provide service to the community and to our 'dlrents is through iEie Strang relahonslups we havo butlf with churches, businesses, schools; logal governing bodies, and of�ourse; the community at large As we look to 1996' and - beyond wedannot'predict the future We da know flint :she firture may Imng change - We. are confitieirt that vrhaiever change we eneountei will be successfully met This: success lias alvays been rooted in: the strong commitment of our co volunteers and colldborative partners: to helpFus facilitate needed change It is our ,hope that we. can continue to cotmt tur all of you to hel p - .Us shape. ouF programs and service$ do riflCal.. the needs of the con uimty. - We'thank you for your support and confidence, Working together we make A: diffeienee. ss, President _ B' d of Directors' A MISSION OF COMMUNITY CONCERN. CEAP is available to the people of this community- to meet their eritical needs while preserving their dignity as human beings A_CDMMUNITY -BASED AgENCY. _ CEAP:was fouitded•in 1970 in`resp no se to a growing need for,•human services in the Brooklyn ` . CenterBrooklyn Park area. CEAP opened the Anoka County office in 1987o - CEAP is striving to continually recognize human diversity. CEAP will be a leader in fhe quest for. undoing ..racism with a commit ent to i ive _ m nclus ness or all members o the community,' IF"ILY SERVICES Family Services are offered to families to meet their basic- needs: ;food, clothing, and shelter. Families living -in CEAP. service areas may eligible for the following programs: Food Shelf r _Clothing Closet - Brooklyn Center Location . - = Christmas Program - Btooklyd Center Location Financial Assistance s Individualized Family Services Family oan Pro y grim .Family Peer Advocates . � `• :. • _ Information and Resource Referral - - NIACNAPS Distribution Sites . Career Clothing: . - Job Resource — Back to School - Program elp at the right time often prevents a crisis from occurring. • Family Services protect children, families and individuals from tua6ons that dis rupt the stabilifiy'of daily living. A. special needs fund may be availa6le families not able to access other sources: . VOLUNTEER SERVICES Volunteers are the threads which hold together the fabric of CEAP's services. Their activities convey CEAP's. mission of pooling' community ;resources through -iolunteerism. They donate time, care, experience and energy,-make programs vital and efficient, and add the - human to CE AP's services. - - CEAP provides thg following volunteer opportunities: Blood Pressure Screening" Clothing . ' Data -Entry Food Shelf Meals at Your Door Meals at -Your Door.Driver Office , Reception Desk- Quilting Group Christmas Program Back to School ` Spring and Fall Clean Up Job Search Assistance Board Membership :, Friendly Visitors ' Tax Preparation SENIOR SERVICES _ Several programs are available for-persons over' 6U and persons with disabilities. Each.prograin is designed to enhance the ability of clients to stay in their own home, maintain independence -and lead fiill lives. These programs are offered at the Brooklyn Center office and include: s at Your Door Handyworks Services Blood Pressure Screening ' Friendly Visitor Tax Preparation = 1995 PROGRAMS AND PARTICIPATION 18,332 people received 274,978 meals from CEAP s food shelves 21,510 meals are delivered to 269 seniors A 28,285 visits were made. to the clothing closet in 1995 - 750 people volunteered their time and energy to CEAP' 31 churches support CEAP' 219 seniors used the HandyWorks services,_ 53 families received loans from the Family Loan Program for a total of 59 7693 616 families received financial assistance in 1995 for a total of $130,110 Celebrate the Children 1995 SPECIAL PROGRAMS Celebrate the Children - Annual ice cream social . f or the families o MR 300 children attended in 1995. - - • • Caring Tree Annual back to school progrirm to provide local low income children with school supplies. In 1995, 1150 children received school supplies. Christmas Program L Food d an to drives' es t mili ' ed . y o assist people during the Holiday season. Over 1200 f a , es recery foitEl - • acrd toys rd 1995. - - - - Norwe9t Bank/Now Sports bike drive Previously owned bikes are donated at Norwest -Banks and then by Now Sports Approximately 75 bikes were distributed to families by CEAP in 199.- Career Wardrobe I . f Special program for low income women to receive professional,cloth_ing to help them reach their . • career goals. In 199-5, 100 women attended this'special event. * *Statistics are' based on ii�ormation compiled between 111195 and 12131195.. COLLABORATIVE AGENCIES Adventure Club Alexandra House _ - ' : American Red Cross - Northwest Branch Anoka County Anoka Counfy Community Action Program Anoka County Ffainan Services Brooklyn Park Apartment Managers Assoc. City of Anoka City ofBrooklyn Center City of Brooklyn Park _ Emergency Foodshelf Network Employment Actio &Center Fare Share Greater Minneapolis Council of Churches' Greater Minneapohs'Day Care Assoc. Head Start -' Hennepin County Henn.Co.Family and Children Serivices Henn.Co.Women's & Children Health Clinic HIRED - Homefree Shelter - Home Line Honeywell, Inc. Independent : School District #279 ndent School District #281 K -Mart Legal Aid Society McKnight Foundation Medical Arts Press onic Inc. Metro Area Agency on Aging - Northwest Family & Children's Services NW Hennepin Human Services Council - NSP Northtown Mali _ Rise SACA Second Harvest Food Bank Target Greatland- Brooklyn Park United Way First Call For Help ' dip 011enfy-Johnson - Executive Director - Karen•Neis - Director o Administration o Administration Simon --Site Manager - Blaine Office ' - Diane Voss - Accounting Technician Cathy Schwingler - Communications Specialist - . Linda Kirkendall -Senior Services Coordinator _ Jean Rambow - Community Outreach C_ oordinator Tonya Anderson - Family Service Coordinator - Janice Norris - -Community Outreach Brenda Lloyd - Family Outreach Worker _ Joan Crawford - Family Service Coordinator Carol Dale - Family SerWce Coordinator Elaine Korlath - Family Service Coordinator : Cindy Whelan - Family Service Cobrdinator . Jacide'•Vetvick - Family Service. Coordinator ' KayeLaNae White - -Family Service Coordinator _ Jennifer Langeness - Family Service Coordinator Linda Hadden - Administrative SupportlFirst Call For Help Myrna Langevin - Receptionist _ Ron Liter - Maintenance Josephine Humbert - Maintenance/Receiving - . ; MEMBER AND ASSOCIATE CHURCHES Anoka United Methodist Church Anoka North Center Baptist ` Brooklyn Park ` Berean Evangelical Free Church Brooklyn Center North United Methodist church : Minneapolis ' Brookdale Covenant Church " Brooklyn Center. _ Our Lady of Victory Catholic Church Minneapolis Brooklyn Park Lutheran Church. 'Brooklyn Park Our Savior's Reformed Church Brooklyn Park Brooklyn_ United Methodist Church Brooldyn Center Prince of Peace Lutheran Church ' Brooklyn Park Christ Lutheran Church Blaine Redeemer Covenant Church Brooklyn Park Cross of Glory Lutheran Church Brooklyn Center ° Resurrection Episcopal Church _ _ Spring Lake Park Edinbrook Church Brooklyn Park . Resurrection Lutheran Church Blaine ' y Catholic Church _ , Coon Rapids Riverview United Methodist Church Brooklyn Park Hope Lutheran Church ` _Brooklyn Park . Servant of-Christ Lutheran Church__ Champlin . Family of God Lutheran Church. ' _ .Brooklyn Park Spring Lake Park Baptist Church Spring Lake Park Grace Lutheran Church -Andover.. SE Alphonsus Catholic Church Brooklyn Center - Harron United Methodist Church - Brooklyn Center St. Gerard's Catholic Church Brooklyn Park Kin of Glory Lutheran Church ' S • hen Catholic�Church' Anoka King ry pang eke Park St: Step _ Lutheran Church of the Master- Brooklyn Center St. Timothy's Catholic Church, . "Blaine Lutheran Church of the Triune God Brooklyn Center - h . Celebrate the Children ! 1995 i;sjttcr hcsiicl _ Volunteers gack food at the annual Christmas Program • so, • . Individual Gifts of $5.0.00. or More * y and Audrey Adel - - , Clara and Clifford Anderson Larry Anderson Tim and Marsha Anderson vid and Virginia Anderson Ilo and Julian Asp - Darren and Nancy Anne Vernon and Marvel Arisen . Mr. and Mrs -Earl Bakken Carol Benkofske _ Robert and Joan Biaggio John and Linda Birchard Thomas and Kathleen Brown V'u•gil" Buck _ Lois Burnett George Bury _ Elizabeth Bush _ Diane Bushyager Joseph and Virginia Cain Earl and Elizabeth Carlson Jeffrey and Dianne Carlson . Burt.and Kim Gillis_ -Eileen Casey Donavon and Judith Catton Sidney and Elizabeth Chaffee - • - . LeRoy and Ophelia Copes Richard and Mary Ellen Cox Debra Cree- _ Elizabeth Dachelet - Michael and Laurie Dammer Mr: and Mrs James Denn Deborah Denz Diarma and John Deschene John Dickerson Mary Diesen Martha Doyle EdEide Lisa Elfers . ' Roger and Maren.Ellaysky Sifon and Mae Eng James and Yvonne Eyer Neil and Ardis Fairchild Douglas and Janet Fiola - , - Jeffrey Franke Robert and Linda Frisell _ Dale and Theresa Gaspard William and'Eleanor Gausman Anita Gavenda William gnd Ann George - Ronald Grenier _ • - Paul and Sharon Guck Phillip and Carol Guerrero Jeffrey and Diane•Halseth David and Barbara Halsey Kevin and Rita Hamemick Homae Hanson Stanley and Jodi Harpstead Walter and Ellen Hartmann: Gayanne Hase Odney and Linda Hegeen s . - ' Walter and Dee Hemgren Joan Henry - Z Joel add Phyllis Hpelz _ -Aaron and Marlene Hoffman ' _ Jean Holschbach. - _ Ralph and Leone Howe Edwin and Lois Hughes Robert and Carol- Iniholte Michael and Patricia Jansen Boni Jones - Frank.and Marilyn Jurgovsky Michael and Laurie Kelley Robert Kendig - Yesik and Jungsoon Kim Dr. Gary King` - - Kenneth and Nancy King John and Gwendolyn Klaeges Pat Koepke - _ - MaFiiouise Koerber Robert Kraska Bonita Labosky - _ . William and Loraly�Lane Earl and Gladys Larsen Kathleen L•asch . - Randolph and Pamela Lehner. ' Maryjane Leitschuh Leander and Eunice Lesser - Alfred and Diana Lutz Donald Manske Shawn and Mary Martin - Noel and Melisa Martinson John and Ruth.MaslowAd - ' i John McClurg -. - _Patrick and Gerri McFarland Kathleen and Roger Mellas Joyce Merchant - Francine Merrill I2obeR and R&ernary Meyers Linda Miller -Simon Leone Murphy : Stanton and Pamela Myrum David and Diane Nelson Linda Nelson Geoffrey and Agnes O'Connor Cali and Marcella Obermeier - Mr. and Mrs: Thomas Ogg Susan Okerst_rom - Raymond Olnscheid Conrad and Sandra Olmstead _ ' - David and Joann Q!= Cheri Olson • Join and Helen Oostad Bonnie Ostman David and Deborah Overland Mark Paulsen _ Edward and Jane Pierson William and Margaret Pilacinske ` - Thomas -and Dionette Polacek William and Janice Potasnak Pat Proell E. Thomas Ranstad Maria Rose r • Duane and Patricia Rosenberg Paul Rudolph Robert and Sharon Ryan David Scheffler. . Curtis Scheible - Roger and Irma Scherer .B. and Caroline Schneider Robert and Gloria Schwarz David Schwichtenberg- -- = Charlie Sellars chael and Kateri Seraphine Morcomb Silver - Steven and Wendy Simenson Larry Simon -. . om Simon _Mabel Skaff - Donald add Betty Skoglund Isabel Slater Joachim and Juanita Somtnerfeld' James and Sharon Svensk Diane Swanson Claudia Taylor David and Evelyn Thompson Kathei tae Thomsen Jack and Marcia Titus F M,E. Trautwein - Ronald and Anita Tuch ' Edward VanCleave - Sigurd and Toni Viske Roger Vollbrecht Daphne Walmer _ Gordon and Andrea Weber Tack and Mary Jo Welsh Donna Welton .Robert and Linda Welvaert Daniel and Julie Weinberg Franklin and Mary Wibel Jeffery and Mary White Cheryl Zi, grer Foundation and Corporate Gifts. _of .$50.00 or More - Air -Mo Hydraulics, Inc. American Optometric Association Anoka Electric Cooperative Beim Foundation , Brookdale Chrysler Plymouth - ,.Brooklyn Park Al uminum, Inc. - Caring & Sharing Foundation' Charity, Inc. Counselor. Realty' Davarni's ECM Publishers First Bank Northtown ' Fort Snelling Memorial Groves Foundation H.B..FullerCompany I.D.S. Fina9cial Servic - Illbntck, Inc Kiwanis of Blaine- M & M Printing Machine Parts, Inc. Maier Stewart 14 Associates, Inc. Marquette Bank Brookdale McKnight Foundation _ Medtronic, Ina . . Medtronic Foundation - Norwest Bank " - NSP - - Onan Corporation Open Systems P & H Services Company, Inc. ' Piper Jaffrey Foundation Restech Partners, Inc.. _ . Rivertek'Macal Systems Scherer Bros. Lumber Co. - Short, Elliott,. Hendrickson, Inc. _ The SL Paul Companies Stack Electric, Inc. _ Sterling Electric Construction Summit School of Dance Twiti City Fan & Blower Wa1Mart - _ _ WaIM rt Foundation - Target Stores United Telephone of Minnesota -Organization Gifts of $50:00 or More i - SO Plus Fellowship (Cross of Glory Lutheran Church) .' Adult Corrections Facility American Legion egion Fort #334 Anoka Chamber of Commerce Anoka County ServiceCenter Blaine Bowling Blaine Jaycees - Brookdale Covenant Women Brooklyn Center High School BrooklynCenter Women's Club Brooklyn Ureed Methodist Women Christmas Dinner Anonymous City- of Brooklyn Park- - Coon Rapids Lions Coon Rapids VFW #9625 " Cooperative Fund Drive = Cross of Glory Community Needs Circle Cross of Glory LSS & PGYC Circle "s Cross of Glory Mission Circle Dayton Women of Today Emergency,Foodshelf Network Friends for Lafrenz - • He Tiepin County Corrections Hennepin County Service Center Holiday Clearing Bureau Kraus Hartwig VFW #6587 Minneapolis Food Shelf Assoc Minneapolis North Kiwanis National Council of Churches of Christ North United Methodist Women N Merchants Association -Osseo Education Association Osseo Federation of Teachers Robbinsdale Area Shrine Club Robbinsdale Compassmen Second Harvest Food Bank' Softball Marathon Against Hunger - Sons of Norway Spring Lake Park Lions - g Lake Park Lioness Club St. Alphonsus, St Gabriels Guild St. Tirnothy's Bowling Leigue . Teacher Federal Credit Union for Joy - Anoka United Methodist - Sunday School Anoka United Methodist. Women USS Nokomis NCC 1858 - 'Viet Nam Veterans of America Wiflow Lane PTA "We sincerely apologize for any names which may have been inadvertently bmitted. Donation year ending June 30, 1995. CEAP is veryappreciative of all the many individuals and groups that contributed their food, -clothing and time' • 70 Year ended June 30, 1995 , General . Family Fixed Asset Fund Loan -Fund " Fund Total Support and revenue: - Contributions and grants - V-31 $• $ - - $ 314,025 - �- United Way allocation; ' ' - 225,785 - - 225,785 Governmental contracts and grants 255,257 - 255,257 " = Program services ,• 71 - - 7 T,174 Investment- income , 23 33,245" . `' 56,531 - Realized gain (loss) on investments (29,755) 288. : - . (29,467) - ,Unrealized gain on investments 19,767 25,539 45 Other income -- 2,892 - : - 593 3,485 - -• 882 431- 59 072 - 593 942 0 _ > 96 Expenses: - Program services: AC services 456,965. 26,260_ 15,306 - 498.531 Family intervention services - - -. 226,901 - — . 13,531 240,432. 683,866. 26,260 28;837 738,963_ Supporting services: General administration = 153;005 :• 247 • 7,685 160,937 Fund raising _ ` 36,531 - 36,531 189,536` • 247 7,685 197,468 `Total expenses 873,402 26,507 36,522- 936,431 Excess (deficit). of. support and revenue over expenses $ 9,029 $ 32,565 $ (35,929) $ 5,665 = *Audited statement by House, Nezerka & Froelich, P.A. L - SUPPORT AND REVENUE FY 1995 - _ EXPENSES FY 1995 - ■ Contributions and 17% 29% grants (36 %) 4%. ■ Program a (79 %) 1% 3 �. O Program services a `' ( ) 0 General administration . ■United Way (26 %) - (17%). - 26% 6a /o - O Fund raising (4 %) ® Govt. contracts and " grants (29 %) 0/ ` _ 7 ` 8% 0 . - 0 Other income 1 /o . - - . 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' :i ?' :.: ��i ... ... .......... ....... ..::.:::::..:......: � : : :•i :.i : :; }i ? :'u4ii :: • : : :. :i : ? : ?'.: '. ? : :; :;- ?:;::ii ?iii. ::• .ii:::::::..:: i:: ii;.,.......: {:. ?........ ... . - :: :• iii. :: :.....;:..ii: :vii ? : ? ?'.: ;: ; : ?: {::;: ;.? ".:.::! ::: iY i :; ?i iii::i :vi : :; iii ii :i :i : :i ^iij: i :i :C : : :i : : :.i : :i. ? :jCj ?' :' : :? i' },'r _ , . :ii ..iiiii : :i : :...... ' ... �. r:.:::::: :.:: ii::_: •: ?......::.::::..::::: iii::: ......... . i??: isisi :i....... :......... :... :....... . :......: _ 1195 BOARD MEMBERS' - Char Baines Russ Bankson Walt Beneke - _' .Rick Berning Randi Cragg Mary Ellen Cox Bruce Dougan Jane Ewing - .Paula Foster Charles Gendreau � nald Heinz Elwood Johnson Sister Kathleen Kiemen David McCauley Abby Peterson na1d Ross - Diane Swanson s Sherry Thistle Patty Thompson _ Jack Weinman - .. I - _ I I` CEAP, Inc. - Non -Profit 'Org. .7231 Brooklyn Blvd. : U.S. Postage Brooklyn :Center, N 55429 :, Paid. N Minneapolis, MN - _ Permit No. 2356 • HOUSE, NEZEm & FROEUCH, P.A. C E R T I F I E D P U B L I C A C C O U N T A N T S ..I INDEPENDENT AUDITOR'S REPORT To the Board of Directors Community Emergency Assistance Program, Inc. Brooklyn Center, Minnesota We have audited the accompanying balance sheet of Community Emergency Assistance Program, Inc. as of June 30, 1996, and the related statements of activities, changes in fund balances, functional expenses and cash flows for the year then ended. These financial statements are the responsibility of the Organization's management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with generally accepted auditing standards and Government Auditing Standards Issued by the Comptroller General of the United States. Those standards require that 1 • we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free °•i of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of Community Emergency Assistance Program, Inc. as of June 30, 1996, and the results of its operations and its changes in fund balances for the year then ended in conformity with generally accepted accounting principles. In accordance with Government Auditing Standards, we have also issued reports dated August 2, 1996 on our consideration of Community Emergency Assistance Program, Ine.'s internal control structure and on its compliance with laws and regulations. 1 PA August 2, 1996 7900 Xerxes Avenue South • Suite 2300 • Bloomington. MN 55431 -1115 • (612) 335 -1344 • Fax (612) 335 -5845 A member of National CPA Health Cure Advisors Association .4 --h— of -l. nnii -i _- -- -_ COMMUNITY EMERGENCY ASSISTANCE PROGRAM, INC. BALANCESHEET June 30, 1996 .� (with comparative totals for June 30, 1995) ..1! General Family Loan Fixed Asset Total Total ASSETS Fund Fund Fund 1996 1995 CURRENT ASSETS: Cash and cash equivalents $ 162,437 $ 206,370 $ - $ 368,807 $ 296,458 Short-term investments (Note 3) 215,949 437,720 653,669 646,254 Accounts receivable 25,419 25,419 17,969 Interest receivable (Note 3) 9,091 3,249 - 12,340 9,091 Prepaid expenses 2.142 - - 2.142 2.345 415,038 647,339 - 1,062,377 972,117 LONG -TERM INVESTMENTS - - - 69,568 LOANS RECEIVABLE, less allowance for doubtful accounts $25,000 - 119,758 - 119,758 152,735 PROPERTY AND EQUIPMENT (Notes 4, 5 and 8) - - 699,742 699,742 752,539 Less accumulated depreciation - - 278.076 278.076 241.797 - - 421.666 421.666 510.742 $ 415.038 $ 767.097 $ 421.666 $ 160, 3.8M $ 1.705.162 LIABILITIES AND FUND BALANCES • CURRENT LIABILITIES: Current maturities of long -term debt (Note 5) $ - $ - $ 5,536 $ 5,536 $ 5,061 Accounts payable 8,137 - - 8,137 4,731 Other accrued expenses 26,317 - - 26,317 35,735 Payable to Anoka County (Note 8) - - - - 50,000 Deferred revenue (Note 6) 57.366 _ - 57.366 38.000 91,820 5,536 97,356 133,527 LONG -TERM DEBT (Note 5) - - 12,653 12,653 18,184 COMMITMENTS AND CONTINGENCIES (Note 8) FUND BALANCE: Designated for: - Program reserves 188,900 188,900 170,731 Home grant - - - - 4,853 Capital improvements 25,000 - - 25,000 25,000 Undesignated 109.318 767.097 403.477 1.279.892 1.352.867 323.218 767.097 403.477 1-"493.792 1.553.451 $ 415.038 $ 767,097 S 421.666 $ 1.603.801 $ 1.705.162 See Notes to Financial Statements. • �I 2 r COMMUNITY EMERGENCY ASSISTANCE PROGRAM, INC. STATEMENT c • T OF SUPPORT, REVENUE AND EXPENSES Year Ended June 30, 1996 (with comparative totals for the year ended June 30, 1995) General Family Loan Fixed Asset Total Total Fund Fund Fund 1996 1995 Support and revenue: Contributions and grants $ 325,504 $ $ - $ 325,504 $ 314,025 United Way allocation 216,149 - 216,149 225,785 Governmental contracts and grants 220,827 - - 220,827 255,257 Program services 73,827 - - 73,827 71,174 �I Investment income 17,161 34,528 - 51,689 56,531 �JJ Realized gain (loss) on investments - (40,981) (40,981) (29,467) i� Unrealized gain on investments - 22,678 _ 22,678 45,306 Other income 414 414 3.485 853,882 16,225 - 870,107 942,096 Expenses: Program services 690,472 22,170 29,117 741,759 738,963 Supporting services: General administration 150,893 169 7,412 158,474 160,937 Fund raising 29.533 - - 29.533 36.531 180,426 169 7.412 188.007 197.468 Total expenses 870.898 22.339 36.529 929.766 936.431 Excess (deficit) of support and revenue over expenses L 7 (1 016) S (6.114) $ (36.52Q) $ (59.659) $ 5.665 See Notes to Financial Statements. J �I J 3 • COMMUNITY EMERGE10ASSISTANCE PROGRAM, INC. O STATEMENT OF CHANGES IN FUND BALANCES Year Ended June 30, 1996 (with comparative totals for the year ended June 30, 1995) Designated Fund Balance For Undesignated Program Total Family Fixed Fund Reserve Home Capital General Loan Asset Balance Fund Grant Improvements Fund Fund Fund Balance, June 30, 1994 $ 195,150 $ 147,095 $ 15,000 $ 25,000 $ 382,245 $ 740,646 $ 424,895 Excess (deficit) of revenue over expenses (13,376) 23,636 (1,231) - 9,029 32,565 (35,929) Transfer of equipment (34,988) - - - (34,988) - 34,988 Transfer of house (50,000) - (8,916) - (58,916) - 58,916 Transfer of long -term debt (4.627 - - - (4,627 - 4,627 Balance, June 30, 1995 92,159 170,731 4,853 25,000 292,743 773,211 487,497 Excess (deficit) of revenue over expenses (30,332) 18,169 (4,853) - (17,016) (6,114) (36,529) Transfer of equipment (6,369) - - - (6,369) - 6,369 Transfer of house 58,916 - - 58,916 - (58,916) Transfer of long -term debt (5.056 - - (5.056 - 5.056 Balance, June 30, 1996. $ 109.318 $ 188.900 $ - $ 25.000 $ 323.218 $ 767.097 403.477 See Notes to Financial Statements. 4 COMMUNITY EMERGENCY ASSISTANCE PROGRAM, INC. • STATEMENT OF FUNCTIONAL EXPENSES „ Year Ended June 30, 1996 II I (with comparative totals for the year ended June 30, 1995) Program Management Total Total !J Service_ & General Fundraising_ 199 _ 1995 Specific assistance $ 124,670 $ - $ - $ 124,670 $ 162,932 Salaries and wages 334,229 100,267 21,898 456,394 444,964 Pension plan contributions 12,620 6,224 - 18,844 17,708 Employee benefits 22,229 12,228 1,225 35,682 27,762 .J I Payroll taxes 26,771 9,468 1,675 37,914 35,400 Professional fees 14,587 3,055 511 18,153 5,010 Supplies 3,418 4,373 825 8,616 7,416 Telephone 5,027 770 130 5,927 5,897 Postage and shipping 2,640 837 420 3,897 3,500 Rent 19,767 682 - 20,449 19,907 li Equipment maintenance 9,031 1,667 288 10,986 8,319 Newsletter - 1,210 1,210 2,412 Travel 2,062 1,266 129 3,457 6,361 Conferences and meetings 111 363 42 516 2,347 Interest 1,533 305 54 1,892. 2,115 Program supplies 81,324 - - 81,324 77,469 Volunteer recognition 43 2,187 - 2,230 5,762 j • Training 1,583 227 269 2,079 3,241 Insurance 9,480 2,973 266 12,719 11,799 Utilities 10,810 2,054 361 13,225 14,664 Home grant 5 - - 5,038 1,231 Bad debts 22,170 - - 22,170 26,260 Depreciation 29,076 7,411 36,487 36,522 Miscellaneous _ 3.540 2.117 230 5.887 7.433 S 741759 S 158.474 S 29.533 $ 929 S 936.431 F �y P EE R 1- t •r S 5 COMMUNITY EMERGENCY ASSISTANCE PROGRAM, INC. • STATEMENT OF CASH FLOWS Year Ended June 30, 1996 i (with comparative totals for the year ended June 30, 1995) General Family Loan Fixed Asset Total Total CASH FLOWS FROM OPERATING Fund Fund Fund 1996 1995 ACTIVITIES: Excess (deficit) of revenue over expenses $ (17,016) $ (6,114) $ (36,529) $ (59,659) $ 5,665 Adjustments to reconcile excess (deficit) of revenue over expenses to net cash used in operating activities: - Depreciation - 36,487 36,487 36,522 Reinvested dividends - (21,497) - (21,497) (34,698) Loss (gain) on sale of j property and equipment 2,615 - 42 2,657 (593) Realized (gains) losses on investments - 40,981 40,981 29,467 Unrealized gains on investments - (22,678) - (22,678) (45,30 Provision for doubtful accounts - 22,170 - 22,170 26,260 (Increase) decrease in assets: ? Accounts receivable (7,450) - - (7,450) (33,546) Interest receivable (3,249) - (3,249) (9,091) Prepaid expenses 203 - - 203 2,139 Loans receivable - 10,807 - 10,807 (2, Increase (decrease) in liabilities: Accounts payable 3,406 - - 3,406 (19,987) Other accrued expenses (9,418) _ - (9,418) 16,419 Deferred revenue 19.366 - - 19.366 (374) Net cash provided by (used in) operating activities (8,294) 20,420 - 12,126 (29,903) CASH FLOWS FROM INVESTING ACTIVITIES: Purchase of property and equipment (6,719) - - (6,719) (46,105) Proceeds from sale of property and equipment 6,651 6,651 2,201 Net purchases /sales of investments 64_509 838 65.347 45.522 Net cash provided by investing activities 64,441 838 - 65,279 1,618 CASH FLOWS FROM FINANCING ACTIVITIES: Principal payments on long -term debt (5.056) - - (5.056) (4.627) Net increase (decrease) in cash 51,091 21,258 - 72,349 (32,912) Cash and cash equivalents: Beginning 111.346 185.112 - 296.458 329.370 Ending $ 162.437 S 206.2M S S 368.807 S 29§.458 SUPPLEMENTAL SCHEDULE OF NON -CASH INVESTING AND FINANCING ACTIVITIES: House purchased (sold) • Anoka County S (50_p0o1 $ _ S - $ (50.000) S 50:000 See Notes to Financial Statements. 6 i COMMUNITY EMERGENCY ASSISTANCE PROGRAM, INC. NOTES TO FINANCIAL STATEMENTS • Year Ended June 30, 1996 Note 1. Nature of Organization and Significant Accounting Policies: Community Emergency Assistance Program, Inc. is a non -profit corporation organized to provide g P family intervention services, *ACT Services and senior services. The Organization provides linkages for families with social service providers, schools and the larger community. Description of programs: Family Services - Assists families in meeting their basic needs and to move toward greater self- reliance. This includes food shelf, clothing closet and furniture, emergency financial assistance, Christmas program, coordination of family services, advocacy for families, information and referral, Family Loan Program, limited financial assistance, Partners in Change, Family Peer Advocacy and special events for families. This also includes senior services which assists seniors to remain independent in their own homes. This includes Meals at Your Door, HandyWorks, blood pressure screening, Friendly Visitors, tax preparation and Medicare counseling. A summary of the Organization's significant accounting policies follows: Fund accounting: • The following funds are used by the Organization in accordance with established principles of fund accounting: General Fund - The General Fund is the operating fund of the Organization over which the board of directors has discretionary control. It is comprised of an undesignated fund which is available for general use, as well as three board designated reserves. The undesignated fund balance at June 30, 1996 was $109,318. The three board designated reserves are for: Program Reserves - This accounts for funds set aside for future specific program designation by the board. All interest and dividend income and memorials received are allocated to this fund. The Program Reserves balance at June 30, 1996 was $188,900. Home Grant - This accounts for funds set aside as matching funds for the Home Grant Program. The Home Grant Fund balance at June 30, 1996 was $0. Capital Improvements - This accounts for funds set aside for improvements to the building and purchase of equipment. The Capital Improvements balance at June 30, 1996 was $25,000. Family Loan Fund - This fund accounts for those revenues received in prior years from the McKnight Foundation and currently distributed as loans to individuals. Unsecured loans are made in modest amounts for individuals to overcome temporary obstacles to self- sufficier1q. Repayment terms vary with each circumstance. Loans are periodically reviewed with regard to collectibility The Family Loan Fund balance at June 30, 1996 was $767,097. Fixed Asset Fund - This accounts for the fixed assets of the Organization and the associated debt. • The Fixed Asset Fund balance at June 30, 1996 was $403,477. 7 COMMUNITY EMERGENCY ASSISTANCE PROGRAM, INC. • NOTES TO FINANCIAL STATEMENTS (CONTINUED) Year Ended June 30, 1996 Note 1. Nature of Organization and Significant Accounting Policies (Continued): Cash and cash equivalents: Cash and cash equivalents include checking deposits, savings accounts and all highly liquid instruments with an original maturity of three months or less. Cash on deposit in excess of FDIC and similar insurance coverages are subject to the usual banking risks of funds in excess of those limits. Investments: Short-term investments consist of U.S. Treasury Bills with various maturity dates through February 15, 1997. Property and equipment: Property and equipment are valued at cost, or in the case of donated equipment at estimated market value on the date of the gift. Depreciation is charged as an expense against operations using the straight -line method over the estimated useful lives of the property and equipment, generally five to twenty-five years. Depreciation expensed during the year ended June 30, 1996 amounted to $36,487. Contributions: All contributions are considered to be available for unrestricted use unless specifically restricted by the donor. Amounts received which are designated for future periods or restricted by the donor are recorded as deferred revenue until the appropriate future period or the donor restriction is satisfied, respectively. Functional allocation of expenses: Expenses are allocated to. the various programs and support services directly when possible and indirectly using predetermined percentages derived from payroll and occupancy statistics. Income taxes: The Organization has tax exempt status under Section 501(c)(3) of the Internal Revenue Code. It has been classified as an organization trust that is not a private foundation under Section 509 (a)(2) of the Internal Revenue Code and charitable contributions by donors are tax de6ctible. Comparative data: Comparative total data for the prior year have been presented in the accompanying financial statements in order to provide an understanding of changes in the Organization's financial position and operations. However, comparative (i.e., presentation of prior year totals by fund type) data • have not been presented in each of the statements since their inclusion would make the statements unduly complex and difficult to read. 8 f COMMUNITY EMERGENCY ASSISTANCE PROGRAM, INC. • NOTES TO FINANCIAL STATEMENTS (CONTINUED) Year Ended June 30, 1996 Note 1. Nature of Organization and Significant Accounting Policies (Continued): Fair value of financial instruments: In 1996, the Organization adopted Statement of Financing Accounting Standards SFAS No. 107, "Disclosures About Fair Value of Financial Instruments," which requires disclosure of fair value information about financial instruments when the fair value is different than the book value of those financial instruments. Cash and cash equivalents and short -term investments carrying amounts approximate fair value due q �y g PP to the short maturity of those instruments. It is not practicable to estimate the fair value of loans receivable, due to the nature of the loans. The fair value of long -term debt approximates the carrying value based on similar loans available at June 30, 1996. Estimates and assumptions: The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and revenues and expenses during the reporting period. Actual results could differ from those • estimates. Credit risk: The Organization reviews customers' credit history before extending credit and establishes an allowance for doubtful accounts based on factors surrounding the credit risk of specific customers, historical trends and other information. Impending accounting pronouncements: In June 1993, the Financial Accounting Standards Board issued SFAS No. 116, "Accounting for Contributions Received and Contributions Made" and SFAS No. 117, "Financial Statements bf Not- for -Profit Organizations." These statements are effective - for an Organization of your size for fiscal years beginning after December 15, 1995. It has not yet been determined what effect these SFAS's will have on the Organization's financial statements. In June 1995, SFAS No. 124, "Accounting for Certain Investments Held by Not - for- Profit Organizations" was issued. This statement is effective for fiscal years beginning after December 31, 1995 and requires investments to be recorded at market value. • 9 COMMUNITY EMERGENCY ASSISTANCE PROGRAM, INC. • NOTES TO FINANCIAL STATEMENTS (CONTINUED) Year Ended June 30, 1996 Note 2. Donated Materials and Services: In -kind contributions consisting of food, clothing and household goods have not been reflected in the financial statements since the donated materials ass through the Organization p g to its charitable beneficiaries and the Organization merely services as an agent for the donors. Estimated values for these materials for the year ended June 30, 1996 are as follows: Clothing and household goods $ 155,000 Food 234,000 Holiday program 58.000 $ 447.000 The Organization utilizes and relies upon the services of volunteers. Services provided by volun- teers are not considered to be specialized services and are therefore not reflected in the financial statements. Volunteers contributed approximately 20,000 hours of service during the year ended June 30, 1996 at an estimated value of $100,000. Note 3. Investments: • The Treasury Bills are recorded at cost and interest is accrued until the maturity date, when face value is redeemed. Treasury Bills at June 30, 1996 amounted to $653,669. Interest receivable on the Treasury Bills was $9,091 at June 30, 1996. Note 4. Property and Equipment: Property and equipment consists of the following at June 30, 1996: Land and improvements $ 254,996 Building and improvements 288,127 Furniture and equipment 122,413 Vehicles 34.206 $ 699.742 Note 5. Long -Term Debt: Long -term debt consists of the following: i Mortgage note payable, due in monthly installments of $579 including interest at 9 %, due June 1, 1999, F secured by building $ 18,189 e Less current portion (5.536 � 12.653 r 10 COMMUNITY EMERGENCY ASSISTANCE PROGRAM, INC. • NOTES TO FINANCIAL STATEMENTS (CONTINUED) Year Ended June 30, 1996 Note 5. Long -Term Debt (Continued): The note matures as follows: 1997 $ 5,536 1998 6,056 1999 6.59 7 $ 18.189 Note 6. Deferred Revenue: Deferred revenue at June 30, 1996 consisted of the following grants and gifts for restricted purposes or to be used for future activities: McKnight Foundation $ 30,000 United Way First Call for Help 6,180 Program specific contributions 21.186 $ 57.366 • Note 7. Pension Plan: The Organization has a defined contribution annuity plan covering full -time employees. Under the plan, the Organization contributed 5 % of salaries and wages for the year ended June 30, 1996. Expense was $18,844 during the year ended June 30, 1996. Note 8. Commitments and Contingencies: The Organization has entered into an operating lease for a facility. The lease provides for monthly rentals of $1,704 through July 31, 1996. Amounts received or receivable from federal and state agencies are subject to agency audit and adjustment. Any disallowed claims, including amounts already collected, may constitute a liability of the applicable fund. The amount, if any, of funds which may be disallowed by the agencies cannot be determined at this time although the Organization expects such amounts, if any, to be immaterial. Note 9. Subsequent Events: Subsequent to June 30, 1996, the Organization sold the land and building at its Brooklyn Center facility and paid their mortgage note payable in full. The Organization is in the process of obtaining a new facility and is leasing the property on a month -to -month basis from the purchaser. • 11 CEAP COMMUNICATOR 0 Community Emergency Assistance Program, Inc. Fall 1996 CEA P_ OO "My teenage daughters were so pleased. Everything theygof (<ncluding book bogs) were just what I would have picked out" and really cool ". My thanks and love to CEAP foryour help ". Brooklyn Center Office ����G�NCY assrsrgy���9 This year . marked the first collaboration between CEAP - and .. the 0� Brooklyn Park Target Greatland. 0 _ '3 After many years working with the Caring ee .0. g � el Program, the Brooklyn Center CEAP ventured out 111 on their own to work with Target to to double N' g� 0.- r n the number of V r kids t hat wou ld receive school o P l supplies. V pp ies. Target supplied the location,- publicity, and of course, their name. From Aug 00 - r 9 -18 s from the community staffed a volunteer V table at Target everyday to .hand - out students to TARGET names and collect the supplies. With the support of = a e . enerous commune residents t5 CEAP was -able g community , provide 339 students with supplies for the new - 'Being a single mom is hard, but friends like CEAP keep me school year. Next year we hope to serve more going. ,josh and Kari loved the things they got for school. it kids! A special thank you to Target Greatland, Duke meant slot that they had their stuff the first day ofschooL Thanks to LEAP and our neighbors who donated such_ nice Zurek, Chris Simon, Kids Crew, and. all of the -local things -Ann volunteers. who helped with the, program this year. All t he su Anoka Coun .Office . extra su that w e had w ere a { y PP donate to local schools. The Blaine CEAP office provided an incredible 1250 kids with school supplies for the new year! The �« Caring Tree Program in collaboration with CEAP and Northtown Mall made it possible. The Caring Tree program is sponsored at malls across the state by the Minnesota Shopping Center Association and local sf: service.. organizations. Each August, children considered at risk are referred to or by CEAP, to $. have their name placed on the Caring Tree. Customers who shopped at Northtown, chose a K z� ow child's name. from the tree and bought the auu r s -i s appropriate school supplies for that child. The � ` .iK lnb°FT I,YfY.1tY. HI TML '' sGI.TV •F' " " """ Caring Tree booth was located at Northtown from ass e-0m C";:; w Y-4 - I' August 9-19. The booth was staffed by local -M 4{t /. RC'M1AB.AC).Cllf..2�MOf16Y community olunteers. Special cor sup ty P rP through the united Way's week of Caring came from a volunteer force from Medtronic Corporation. CEAP would like to thank the community for their support of less fortunate kids in their own neighborhoods. Executive Viewpoint - by Tia Henry Johnson Happy Autumn! As we assemble this newsletter, I can't help but think that winter is hiding just behind those lovely colored leaves. We here at CEAP have been very busy the past three months. Our activities have centered on several community concerns; two of • which I would like to share with you. CEAP has sold its current building at 7231 Brooklyn Blvd. We are sad to move, but CEAP is available to the part of life is change. Our board of directors and its building committee have been people Of the Community busy helping to locate a new home for us. We believe we have found the right place. Our new building s located at 6840 78th Avenue North in Bro Park. It is g Y" t0 meet their CrItICAI larger than our current building so we have room to expand our family and senior needs while preserving programs. We expect_ to move on or about March, 1997. We will be doing an their dignify AS h u man extensive campaign to notify the community about our move. Be sure to look for future information. beings. In'a'.much more sobering note; the other concern is that has kept us very busy are the impending changes in welfare reform and its impact on many of our community residents. As an agency we try to remain impartial . about political issues; seeing ourselves as a community resource and not political vehicle. However, the issue of welfare reform and the impending changes are so pervasive we believe we must speak out about the human concerns of these changes. Our staff has attended several briefing sessions about. the S� impact this legislation will have. for our P community's families.. Our concern is not that the welfare system isn't long overdue for major revamping, it is that there appears to be no plan or process in place to help families make the transition from AFDC and Food Stamps to the workplace. The reality is that there are not "sufficient jobs for lower. skilled individuals that " pay a living wage. We have seen a 40% increase in the number of working poor families who cannot for their f meet the basic needs of tood and shelter amities. No w we have hundreds of families in Hennepin County who will be forced .very quickly into finding similar employment. What they face are jobs that pay $6 to $7 per hour,' most with no benefits. Those leaving welfare; ,will join those poor already working and together , all will fall deeper into poverty. CEAP is striving to The briefing session that we have attended estimate that we can expect to see as continually recognize much as a 45% increase in the numbers of families who will be in immediate crisis, human diversity CEAP who will not be able to maintain rent or mortgage payments, food, transportation, utility costs and child care. To help you understand what. we are concerned about: will be a leader in the CEAP's food shelf serves on a monthly basis .390 families and 81 individuals. GIUeSt for Undoing rAC(Sm Estimated increases for our food shelf effective January l could mean: serving 690 families and over 1450 individuals. We know that we can not absorb these with a Commitment to increased needs alone. In an effort to help educate our partner churches we have inclusiveness for all been meeting with the churches and other community partners to identify how we members of the can best serve families who will be caught in transition. There are going to be some very difficult times for families. Families are not the only targets caught, in this community. legislative transition.. There is the loss of federal monies that support the senior Meals on Wheels programs, "and the HandyWorks .programs that help seniors maintain their independence. Clearly the political `changes and the legislation enacted will put many people in serious jeopardy. Much . of this spills over into what. could be called a moral. and ethical social dilemma forrtommunities. We will see people suffering, and it will be our neighbors, our friends, our families. We as a community may be facing a greater challenge than we have ever faced before. The question we ask is, must we balance the national budget on the backs of women, children and seniors? I leave you with this thought, • "I am only one. But still, I am one. I cannot do everything, but I can do something. And because I cannot do everything, I will not refuse to do something that I can do". May we find peace, joy and health in the coming year. Christmas at CEAP Volunteer Spotlight It is that time of year, the air is crisp and everyone is in the Holiday spirit. Many families in your own community may Wanda Nelson not be so cheerful. They may go without food or toys this Holiday season. CEAP's Brooklyn Center office will provide Wanda Nelson has been a vital toys and food to 1000 families in our community this year. part of the CEAP Anoka Office We _ depend on donations from since 1990. Wanda started off corporations, churches, schools, and volunteering in the food room individuals. -CEAP works in collaboration and after the office moved to with the United Way, Emergency the Anoka County Human Foodshelf Network and -- Santa Services building, she began as Anonymous. One hundred percent of the Tuesday afternoon gifts given to. Santa An are receptionist. Wanda enjoys Santa given to children. All operating costs for working with the staff as well Santa Anonymous are as her fellow volunteers. Anonymous underwritten by the Star Wanda feels that her goal as a receptionist at CEAP is to Tribune If you would ,like to contribute - ; greet clients warmly and help volunteer, please call 566 -9600, or mail them to feel comfortable about. checks to the address printed - .on the back of this newsletter. The Anoka County - CEAP is seeking help: She enjoys � CEAP.. volunteering at CEAP because also providing Christmas cheer for -many - . of the variety of activities she families in their community. The Blaine office can be involved with. Wanda will be doing an Adopt -a- Family program. The last day to has helped with the accept families will be December, 4, 1996. They provide Thanksgiving and Christmas Christmas baskets to as many families .as the community will programs, and has helped to - support. Many of_ the families served are - not able to organize the Back to School participate in any other program. If your family, church Program. Wanda also provides group or organization would' like to adopt a less fortunate secretarial support for the staff family this holiday season, please call 783 -4930. Darleen Simon, Site Manager, says about Wanda, "She has .been at CEAP longer than any other volunteer: She is my right hand, and _I would not be able MAP 's Wish Liss to do the many special events and projects without her help. Wanda is always there for Meals At Vour Door Drivers CEAP, we really appreciate Clothing Clo set Volunteers ,, her. Holiday food Wanda and her husband Rich Holiday Toys have lived in Coon Rapids _ Monetary ➢orations since 1969 and have two grown daughters. They are HandyVo*ers - members of Christ Lutheran food Sh¢l f V olunteers Church in Blaine. Bread Drivers If you would like more information on any of these opportunities to help, please call 566 -9600 or 783 - 4930. CEAP, Inc 7231 Brooklyn Blvd Non -Profit Org. Brooklyn Center, MN 55429 US Postage PAID Minneapolis, • Mina AP CE, Inc. Permit No. 2356 7231 Brooklyn Blvd Brooklyn Coda, MN 55429 (612)566 -9600 (612)566 -9604 Fax Serving Brooklyn center Brooklyn Park CEAP, Inc. 1201 89th Ave NE, Suite 130 Blaine; MN 55434 . (612)783- 4930(612)783 -4700 Fax Servine Anoka County LEAP COMMUNICATOR Executive Director. Tia Henry- Johnson 1995 CEAP SERVICES Board President: Ron Heinz Communicator Editor. Cathy Schwingler 18,332 people received 274,978 meals from CEAP's shelves CEAP Communicator is published quarterly.' Readers are encouraged to submit comments, 21;510 meals are delivered to 269 ideas, stories and photographs to CEAP Communicator, 7231 Brooklyn Blvd., Brooklyn seniors Center, MN 55429. Materials must be received two weeks prior to publication.. The $18.75 purchases a week of home Communicator staff reserves the right to edit all materials. delivered meals 28,285 visits were made to the clothing closet in 1995 New Board Members 750 people volunteered their time and CEAP is pleased to welcome three new board members this fail. Dean Howarth is energy to CEAP a member of Brooklyn United Methodist Church and is employed by Cretex 31 churches support CEAP Companies, Inc. Ernie Hiatt is employed at NSP. Timothy Kulas is a member of 50 pounds of food feeds a family of 3 for St. Alphonsus Catholic Church and holds a positiofl with Terry*Companies, Inc 4 days and is our new Treasures. 219 seniors and disabled use the Handyworks program 53 families received loans through the CEAP Board of Directors Family Loan Program for a total of $97,693 Watt Beneke Mary Ellen Cox Bruce Dougan 616 families received financial Jane Ewing - I st Yrce President Paula Foster Charles Gendreau - Secretary • assistance in the amount of $130,110 Ronald Heinz -President Ernie Hiatt Dean Howarth Elwood Johnson Sister Kathleen Keiman Timothy Kulas - Treasurer Abby Peterson Donald Ross - Past President Sherry Thistle - 2nd Vice President CEAP 7231 Brooklyn Blvd w t Brooklyn Center, MN 55429 (612) 566 -9600 (612) 566 -9604 FAX Monday - Friday 8:30 - 5:00 bd SERVING Brooklyn Center.:a Brooklyn Park _ � ASSISr CEAP 1201 89th Ave NE, Suite 130 1 y; �o Blaine, MN 55434 Anoka County Human Service Center (612) 783 -4930 (612) 783 -4700 FAX O Z Monday - Friday 8:00 - 4:30 SERVING All of Anoka County i i CEAP is striving to continually recognize human t diversity. CEAP will be a leader in the quest for After ZS T `/ e�rs� undoing racism with a commitment to inclusiveness for all members of the community. CEAP is more tha" just a foo5 sheaf... A United Way Agency Is OWN Moom r Communit Action for Suburban Hennepin s Community Education Mr. Brad Hoffman Community Services City of Brooklyn Center 6301 Shingle Creek Parkway Emergency Assistance Brooklyn Center, MN 55430 January 31, 1997 Homeless Family support Homelessness Prevention Volunteer Services Dear Mr. Hoffman: Energy Assistance This letter is to request funding in the amount of $6,000 from the city's Community Development Block Grant program. This funding will be used to HOME support HOME Line, the housing services of Community Action for Suburban Hennepin (CASH). S 15 CD I am enclosing materials that describe all of our programs and, for our tenant hotline and foreclosure prevention programs, data showing use by residents of Tenant Hotline Brooklyn Center. As you can see, we are mostly serving low and moderate income Tenant Organizing people in your community. 0 Home Buyer Education We have added a repair /rehab element to our homeownership program. This new omeownerCounseling service for existing homeowners, particularly those of lower incomes, is Home Rehab Counseling designed to help them maintain their property and stretch their budgets. We can offer information, technical assistance, and instruction on home maintenance. And, we will assist homeowners to get repairs done: developing specifications, selecting contractors, assuring quality work. We are currently working to establish a loan fund to help homeowners finance small repair jobs. We appreciate your willingness to consider our request for support. If you have questions or need additional information, please feel free to contact me at 933 9639, extension 203 or Karen Kingsley, our Planning and Development Manager, at extension 202. 33 -10th Avenue S. Sincerely, Suite 150 Hopkins, MN 55343 ` Business (612)933 -9639 Tenant Hotline 933 -0017 Sharon A. J nson Energy Assist. 930 -3541 Executive Director Fax 933 -8016 TDD 935 -4011 Enclosures: Investing In People, HOME Line program descriptions wilding Community p g p Data sheets on renters hotline, homeownership programs ewK ovronninr Comm Action for Suburban Hennepin's HOME Line Renters' "Hotline • Information on calls during the years 1992 -1996 from Brooklyn Center Brooklyn Center Over the past five years, a total of 1,160 302 Number of calls by year Brooklyn Center renters have contacted HOME 288 Line. This represents service to approximately 286 2,900 residents when all family members are counted. 169 Through the help of HOME Line, tenants have received $2,562.69 back from improperly 0 withheld security deposits and $4,113.00 in rent 1992 1993 1994 1995 1996 abatements (refunds for substandard conditions.) Brooklyn Center A vast majority (over 98 %) of Brooklyn Center Callers' incomes callers to HOME Line are low and moderate income. (1992 -1996) These income categories are those used by the U.S. Department of HUD: ® Low 89.7% Low = incomes below 50% of the Metro median income; Moderate 8.9% Moderate = incomes between 50 and 80% of the ® High 1.8% Metro median; Higher = incomes above 80 of the Metro median. Community Renters Education Program OOME Line's Community Renters Education Program provides education to high school students, (primarily seniors) presentations to tenants /staff of area agencies, information booths at community events and trainings to volunteers/staff from agencies. High School Presentations Number of students (Number of presentations) Name of School 1993 1994 1995 1996 Bloomington Jefferson 73 (3) 0 0 22 (1) Bloomington Kennedy Y 0 (3) 0 30 1 24 2 ( ) ( ) The high school Brooklyn Center 4 I-2.)- � C.Z_1 � r C31 Q presentation Champlin Park 40 (2) 0 82 (4) 219 (8) covers the Coon Rapids 0 0 52 (2) 178 (6) rights and Crystal 0 0 0 17 (1) responsibilities Eden Prairie 46 (2) 48 (2) 76 (2) - 86 (3) of renters. The Edina 38 (2) 0 0 0 Excelsior 0 0 0 10 (1) presentation Hopkins 156 (6) 26 (2) 82 (3) 110 (7) can be tailored Mahtomedl 0 0 30 (1) 0 to fit any class Minnetonka 0 47 (2) 0 99 (8) size, any class Osseo 0 64 (2) 0 10 (1) r needs, and all Osseo -Park Center a-5- Lai 0 " LZI Q class schedules. Richfield 60 (2) 47 (2) 58 (2) 60 (2) Robbinsdale- Armstrong 62 (2) 0 25 (1) 27 (2) Robbinsdale- Cooper 56 (2) 59 (2) 56 (2) 55 (3 ) Rockford 0 0 0 8 (1) t. Anthony 0 0 15 (1) 18 (1) t. Louis Park 0 12 (1) 15 (1) 86 Wayzata Z4 LU Q$. ill Q Q TOTAL 726 (30) 379 (17) 625 (24) 1,029 (51) Other Educational Activities Pre 3entations community Events Traininas HOME Line receives requests HOME Line's Traveling Renters HOME Line runs training sessions for its hotline S from agencies and organizations Education booth is designed to volunteers three times per year during to make presentations on be set up at any community February, June and October. The trainings are landlord/tenant law and housing event The booth is staffed by two full days in length and consist of teaming issues for their staff and HOME Line employees and the basics of landlordAenant law. This training clients. These presentations are volunteers who provide is offered free of charge to personnel of outside conducted at the agencies' site information and written organizations and agencies, as well as property and are tailored to meet the materials on landlord/tenant owners and managers. To date, representatives needs and time available. issues. We have participated In of the following groups have received this the following events. training. Association for Rental Crystal Frolics American Indian Housing Pillsbury House, Management of Brooklyn Corporation, Minneapolis Minneapolis Center - Mali of America, Bill Kelly House, Pillsbury Neighborhood Bloomington Managers and WCCO Booth Minneapolis Services/Waite House, Owners Coalition Bandana Square, Bristol Place, Minneapolis St. Paul Minneapolis Property- owners, Business and Professional Community Action Bloomington and Women League of St. Louis Richfield Cattail Days Council, Apple Valley Minnetonka Park St. Louis Park Community Case Property Managers, Center for Asians, Knoilwood Mail Corporation, Minneapolis Bloomington, Minnea "Community Bazaar' Eden Women's Program, Brooklyn Center, Edina, Minneapolis, Plymouth, Minneapolis St. Louis Park. and Community Resource Center, St. Louis Park Brooklyn Park Party in the Park Hamline Coalition, St. St. Paul Paul Salvation Army, Project • Creekside Community Center, Heartland Communtty Breakthrough, Minneapolis Bloomington Action, Wilmar Scott/Carver /Dakota Crisis Connection, Hope Allianz. Minneapolis Community Action, Minneapolis Itasca County Tenant Shakopee Assistance Program, South Eastern MN Housing Crystal Managers Coalition Grand Rapids Network, Rochester Kooch- Itasca Action South West Minnesota New Hope Managers Coalition Council, inc., Grand Housing Partnership, Perspectives Transitional Rapids Slayton Housing, St. Louis Park Maryland Park Tenants Southern Minnesota Association, St. Paul Regional Legal Services, Senior Linkage, Metropolitan Center for St. Paul Robbinsdale independent Living, St. Anne's Shelter, Minnetonka Minneapolis Thorson Family Resource Room, Crystal NW Community Support St Paul Public Housing Program, Crystal St Paul Tenants Union Womens Resource Network, Overcoming Poverty - St Stephen's Shelter, Minneapolis Together, Mankato Minneapolis Person to Person, Thorson Family Resource Minneapolis Room, Crystal Perspectives Vail Place, Hopkins • Transitional Housing, St. Louis Park Vail Place, Minneapolis YWCA of St. Paul HOME Line's Center for Homeownership HOME Line now provides a complete spectrum of services to home buyers and homeowners in suburban Hennepin County. The housing industry refers to this as "full cycle homeownership services ". The services include: ♦ Pre - Purchase Home Buyer Education & Counseling. (Started August, 1994) ♦ Home Maintenance, Repair and Rehab Programs. (Started October, 1996) ♦ Foreclosure Prevention Counseling. (Started August, 1992) Pre- Purchase Home Buyer Education and Counseling Information on Brooklyn Center residents served during 1996. HOME Line's Center for Homeownership provided pre - purchase home buyer education and counseling for sixteen Brooklyn Center households. All of the Brooklyn Center participants were first time homebuyers. Our three -part Home Stretch home buyers workshops are offered monthly. The workshops provide information on each step of the home buying process. The curriculum meets or exceeds FHA, MHFA, Fannie Mae and Freddie Mac guidelines. We also offer individual home buyer counseling to assist potential home buyers in developing an action plan to overcome barriers to homeownership. The most common barriers are lack of down payment and closing costs, credit problems, and insufficient income. Home Maintenance, Repair and Rehab Program started October, 1996. HOME Line's newest program assists suburban Hennepin County homeowners who have home maintenance, repair or rehab needs. Our staff can p provide technical assistance in identifying needed repairs, writing specifications, finding qualified contractors, evaluating bids, and working with contractors until job completion. We also provide information on numerous loan and grant programs that will finance the cost of home repairs and rehab. Another component of the program is a series of workshops for homeowners. These workshops include topics such as "Home Maintenance and Weatherization ", "Financing Home Repairs and Selecting A Contractor", and "Dream House or Money Pit? - How To Know The Difference." • Page Two • HOME Line's Center for Homeownership Brooklyn Center Data Foreclosure Prevention Program Information on Brooklyn Center homeowners served from 1993 -1996 The charts below show that the number of Brooklyn Center homeowners requesting foreclosure prevention assistance has steadily increased. Year Brooklyn Center Households Served 1993 17 1994 33 1995 48 1996 51 Total 149 Approximately 96% of the Brooklyn Center homeowners were low to moderate income households. • 4% Household Income 31% 65% 0 Low - Below 50% of Median Income ■ Moderate - 50% to 80% of Median Income 0 Upper - Over 80% of Median Income There were children in 81 % of the Brooklyn Center homes. Type of Household 70 60 50 40 30 20 10 I 0 i • Families Single Adults Seniors j With Parent only Children Families Page Three HOME Line's Center for Homeownership Brooklyn Center Data The main reason for default was unemployment. a for Default s0 ■ Unemployment 40 ■ Health 30 .; s . O Divorce/Separation 20 X ti GMoney Mismanagement 10 !Not Affordable ! Other 1 0 Foreclosure was averted in 85% of the cases. • 104 Brooklyn Center homes were saved. A total of $35,170.00 in financial assistance has been obtained for Brooklyn Center homeowners. Results of 134 Closed Files oil ■ 104 Homes Saved ■ 10 Homes Sold O 20 Foreclosures • Communit for Suburban Hennepin HOME Line's Programs for Renters Community Education Community Services TenantAdvocac_v (started in January 1992) - We offer a free call -in or walk -in service providing information and advice on Minnesota tenantllandlord law and Emergency Assistance on Hennepin County court procedures. The tenant advocacy program operates Homeless Family Support primarily via a telephone "hotline" staffed by volunteers recruited from area Homelessness Prevention law schools and the suburban community. Detailed records of each call are kept Volunteer Services on a computerized database. The tenant advocacy program handles approximately 4,000 to 5,000 cases per year; over the years, more than 90% of those using Energy Assistance this service have been are low or moderate income households. HOW, Tenant Organizing (May 1992) - Our tenant organizers assist groups of tenants with common problems in a given complex. These problems tend to be Tj maintenance /repair related or instances of management abuses. Organizing ® CO situations often come to our attention through hotline calls. The organizing program publishes a quarterly newsletter distributed to approximately 2,000 Tenant Hotline suburban Hennepin renters, public officials, and social service agencies. Tenant Organizing Legal Advocacy (September 1993) - HOME Line offers free legal representation Home Buyer Education to families with children who are facing eviction from rental quarters. Services Homeowner Counseling are provided by an attorney in private practice under contract to CASH. The Home Rehab Counseling program is funded by and is a part of Hennepin County's "Family Homelessness Prevention and Assistance Program." Income - eligible families may also receive emergency, one -time loans from CASH's own revolving loan fund. Approximately 150 households are assisted per year, most are residents of Minneapolis's northwest suburbs. Renter Education for High - schoolers (March 1993) - We have developed a one - session program on the "basics of renting" for young people who will be entering the rental market for the first time on their own. Instruction covers inspection before move -in, getting repairs made, potential problems in roommate situations, and the responsibilities of renters. This class has been presented nearly 100 times in 18 different schools; well over 2,500 students have 33 -loth Avenue S. participated. Suite 150 Hopkins, MN 55343 Business(612)933 -9639 HOME Line's Programs for Homeowners Tenant Hotline 933 -0017 Energy Assist. 930 -3541 Fax 933 -8016 HOME Lined's "full cycle" homeownership program offers three services for Too 935 -4011 potential and current homeowners: prepurchase education and counseling, home maintenance and repair, and postpurchase counseling aimed primarily at Investing In People, foreclosure prevention. All services are provided without cost. HOME Line's Building Community homeownership program is designated by HUD as an approved housing counseling • agency. OPPOATVWTV C Homeowner Education and Counseling (August 1994) -This program is designed to expand • homeownership opportunities in suburban Hennepin County, particularly for lower income and minority households. This is accomplished through educational seminars on the home buying process that are open to the public and individualized counseling to lower income buyers who may need help overcoming barriers to homeownership. These barriers might include no credit history - -or a bad one, lack of enough money for the downpayment and closing costs, or poor budgeting of personal income. We offer buyers information on every detail of the home buying process. For income-eligible limi f inancial assistance bu ers we also have limit to hel a Y � PP Y for a qualified inspection of the home and to ease the downpayment burden. The program works closely with area Realtors, lenders, and local governments to assure home buyers get accurate and current information. Home Maintenance and Repair (October 1996) - This is HOME Line's newest program and provides the "middle piece" to our full cycle homeownership service. As its name implies, this service offers homeowners - -both new and long- term -- information, advice, and assistance needed to achieve and maintain a sound and liveable structure. Prospective homebuyers, especially those going through our prepurchase education and counseling will be helped to get a review of the physical condition by a qualified housing inspector before buying. Inexperienced first -time buyers will be offered educational opportunities and individual counseling in basic home maintenance. Homeowners wanting or needing repairs or remodeling can get help writing specifications, letting and reviewing bids, and working with contractors. Classes are offered on weatrherization and energy conservation measures and routine year -round preventive home maintenance. Postpurchase Counseling (foreclosure orevention) (August 1992) - This service is designed to • assist homeowners facing the loss of their homes due to foreclosure. Assistance includes budget counseling, referrals to social services and financial resources, advocacy with lenders, and help with refinances. Income- eligible homeowners may also get an emergency one -time loan from CASH's own revolving loan fund. These loans are without interest and are due on sale of the home or when it no longer is used as the homeowners residence. HOME Line's Mortgage Foreclosure Prevention Program is one of eight selected statewide by the Minnesota Housing Finance Agency to administer its Foreclosure Prevention and Rental Assistance Program (FPRAP). Since beginning operations, this program has worked with over 1,600 homeowners and has tallied a 75% success rate in saving people's homes. A majority, over 60 %, of the homeowners served were of low income; another 30% were moderate income. CASH, standing for Community Action for Suburban Hennepin, is the "anti - poverty agency" serving low income people throughout suburban Hennepin County. CASH is a private, non - profit, tax - exempt corporation; it has been in business since 1985. In addition to its HOME Line housing programs, CASH operates Crisis Intervention and Community Education programs. We are funded primarily with state and federal grants passed through the Minnesota Department of Economic Security (formerly the Department of Jobs and Training). Additional funding is provided by Hennepin County, the Minnesota Housing Finance Agency (MHFA), the National Corporation for Community Service, the Fannie Mae Foundation, Twin City Federal S&L, First Bank Stastem, and several suburban Hennepin municipalities. • November 1996 All funds Operational Expenses Sheet17 COMMUNITY ACTION FOR SUBURBAN HENNEPIN • BUDGET DRAFT 1997 EXPENSES TOTAL BUDGET GENERAL EAP SALARIES s. Salaries $ 605,521.00 $ 516,081.00 $ 89,440.00 Benefits $ 127,947.00 $ 109,344.00 $ 18,603.00 Increases $ 34,220.00 $ 30,643.00 $ 3,577.00 Subtotal $ 767,688.00 $ 656,068.00 $ 111,620.00 PROF SERVICES Audit $ 11,000.00 $ 9,000.00 $ 2,000.00 Attorney $ 1,000.00 $ 900.00 $ 100.00 HC Attorney $ 27,500.00 $ 27,500.00 $ - Computer $ 10,000.00 $ 5,000.00 $ 5,000.00 Other $ 15,000.00 $ 10,000.00 $ 5,000.00 Subtotal $ 64,500.00 $ 52,400.00 $ 12,100.00 TRAVEL MILEAGE $ 8,500.00 $ 8,000.00 $ 500.00 TRAINING $ 15,000.00 $- 12,500.00 $ 2,500.00 SUBTOTAL $ 23,500.00 $ 20,500.00 $ 3,000.00 SPACE $ 72,400.00 $ 56,400.00 $ 16,000.00 • SUBTOTAL $ 72,400.00 $ 56,400.00 $ 16,000.00 SUPPLIES POSTAGE $ 10,000.00 $ 7,000.00 $ 3,000.00 PRINTING $ 11,000.00 $ 8,000.00 $ 3,000.00 SUPPLIES $ 23,000.00 $ 20,000.00 $ 3,000.00 SUBTOTAL $ 44,000.00 $ 35,000.00 $ 9,000.00 EQUIPMENT COPIER $ 4,700.00 $ 3,700.00 $ 1,000.00 SERV CONT $ 3,300.00 $ 2,300.00 $ 1,000.00 COMP EQUIP $ 25,000.00 $ 20,000.00 $ 5,000.00 SUBTOTAL $ 33,000.00 $ 26,000.00 $ 7,000.00 INDIRECT INSURANCE $ 7,000.00 $ 5,400.00 $ 1,600.00 TELEPHONE $ 22,200.00 $ 14,000.00 $ 8,200.00 DUES $ 16,000.00 $ 15,500.00 $ 500.00 BOARD $ 2,500.00 $ 2,000.00 $ 500.00 OTHER $ 4,500.00 $ 4,000.00 $ 500.00 SUBTOTAL $ 52,200.00 $ 40.900.00 $ 11,300.00 UNDESIGNATED $ 7,407.00 $ 7,407.00 $ - Subtotal $ 7,407.00 $ 7,407.00 $ - TOTAL $ 1,064,695.00 $ 894,675.00 1 $ 170,020.00 • Page -All Funds -- Operational Revenues Sheet1 COMMUNITY ACTION FOR SUBURBAN HENNEPIN • BUDGET DRAFT 1997 REVENUE SOURCE AMOUNT GENERAL EAP MEOG $ 379,879.00 $ 379,879.00 CSBG - $ 247,816.00 $ 247,816.00 INCREASE CSBG $ 40,000.00 $ 40,000.00 CDBG - PLYMOUTH $ 7,500.00 $ 7,500.00 CDBG - URBAN $ 30,000.00 $ 30,000.00 HUD $ 37,000.00 $ 37,000.00 FCHOS $ 14,000.00 $ 14,000.00 EMERG SERVICES $ 10,000.00 $ 10,000.00 VOL SERVICES $ 30,000.00 $ 30,000.00 MHFA FRAP $ 15,000.00 $ 15,000.00 HENN CTY CHDO $ 10,000.00 $ 10,000.00 DES GRANT $ 20,000.00 $ 20,000.00 HENN CTY LEGAL $ 27,500.00 $ 27,500.00 EAP $ 196,000.00 $ 196,000.00 • TOTAL $ 1,064,695.00 $ 868,695.00 $ 196,000.00 • Page �L Attachment CASH /HOME line FY 97 CDBG request • Hennepin County cities providing support to HOME Line Champlin (1994, 95, 96) Crystal (1995, 96) Eden Prairie (1993, 94, 95, 96) Edina (1993, 94, 95, 96) Hopkins (1995, 96) Maple Grove (1994, 95, 96) Minnetonka (1994, 95, 96) Mound (1994, 95, 96) Plymouth (1993, 94, 95, 96) Richfield (1996) Robbinsdale (1993, 94, 95, 96) St. Louis Park (1993, 94, 95, 96) other support has been provided by U.S. Department o P f Housing nd Urban Development g p Housing Counseling Program Minnesota Housing Finance Agency Foreclosure Prevention and Rental Assistance Program Hennepin County Family Homeless Prevention and Assistance Program First Bank Foundation The McKnight Foundation • its adoption: Member introduced the following resolution and moved • RESOLUTION NO. RESOLUTION CALLING FOR A PUBLIC HEARING ON PROPOSED USE OF 1997 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS WHEREAS, Brooklyn Center is one of 43 Hennepin County communities which are members of the Urban Hennepin County Community Development Block Grant program; and WHEREAS, the City of Brooklyn Center has been notified by Hennepin County that its allocation for the 1997 Urban Hennepin County Community Development Block Grant (CDBG) program is $247,856; and WHEREAS, a public hearing regarding the proposed use of 1997 Urban Hennepin County Community Development ty t Block rant tY p G funds is a requirement of the CDBG program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, as follows: 1. A public hearing on the proposed use of 1997 Urban Hennepin County Community Development Block Grant funds will be held at the regularly scheduled Brooklyn Center City Council meeting on March 10, 1997, at approximately 7:00 P.M. or as soon thereafter as the matter may be heard. 2. Staff is authorized and directed to publish the attached Notice of Public Hearing on the proposed use of 1997 Urban Hennepin County Community Development Block Grant funds in the City's official newspaper not later than ten days prior to March 10, 1997. Date Mayor ATTEST: 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. MEMORANDUM DATE: February 4, 1997 TO: Michael McCauley, City Manager FROM: Diane Spector, Director of Public Services C. SUBJECT: An Ordinance Granting to Northern States Power Company, a Minnesota Corporation, its Successors and Assigns, Permission to Construct, Operate, Repair and Maintain in the City of Brooklyn Center, Minnesota, an Electric Distribution System and Transmission Lines, Including Necessary Poles, Lines, Fixtures and Appurtenances, for the Furnishing of Electric Energy to the City, its Inhabitants, and Others and to Use the Public Ways and Public Grounds of the City tY for Such Purposes This item represents the renewal of NSP 's franchise to operate an electric distribution system and transmission lines in Brooklyn Center. This franchise was last reviewed and renewed 20 years ago, in 1977. This proposed franchise is based upon an SRA/League of Minnesota Cities model franchise ordinance. In e I general, this ordinance grants NSP the right to provide electric energy in the City for a period of 10 years. The ordinance provides that electric facilities on public grounds or rights of way will be located as determined or approved by the City. Pavement cuts may not be made without the previous permission of the City, unless it is an emergency situation. The City may impose tY Y a P fee for pavement cuts. Prior to now, the City has not imposed a street cut permit fee, however, it is likely that such a fee will be considered in the near future. Sections 3.7 and 4.1 are especially relevant given the Neighborhood Street and Utility Improvement Program. It has been past practice and will continue to be a priority for the City to involve NSP and other private utilities in the design process for improvement projects as soon as possible. The City's franchise has always required NSP to relocate its facilities within the right of way at no charge to the City, if such a relocation is necessary to accommodate a new street design (such as relocating street lights when a street is widened). If the city desires an upgrade to the electric facilities (for example, undergrounding overhead power lines or replacing wooden street light poles with fiberglass poles), then that cost increment is the City's responsibility. Finally, and this would be a new provision, if after adequate notice and cooperation NSP does not relocate its facilities in a timely manner as agreed and the City's project is delayed, then the ordinance would require NSP to reimburse the City for any additional costs incurred due to the delay. • Finally, the franchise ordinance provides that the city may, by separate, future ordinance, impose • a franchise fee. At this time, there is no intent to consider such a fee, but this section would provide the City with the right to consider a fee in the future. This ordinance is presented for discussion and a first reading. It has been reviewed by the City Attorney and by NSP. There is still some discussion regarding whether the term of the franchise should be 10 years or 20 years. It is the City's position that a 10 year franchise rather than the more standard 20 year franchise preserves some flexibility should deregulation or other issues arise which may cause the city to reconsider some of the specifications in the ordinance. It is NSP's position that it wishes to avoid renegotiating all its franchises twice as often. There is also some discussion regarding the specific language in section 4.1 wherein the Company would reimburse the City for additional costs incurred if NSP does not relocate its facilities in a timely manner. NSP does not object to this provision, but we have not as yet finalized the language which would define "lack of a timely commencement of work." I hope to have suitable language available for the meeting Monday night. • • CITY OF BROOKLYN CENTER 0 Notice is hereby given that a public hearing will be held on the 10th day of March, 1997, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an ordinance granting Northern States Power Company a franchise to construct, operate, repair, and maintain an electric distribution system and transmission lines in Brooklyn Center and to use public ways and grounds for such purposes. 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 GRANTING TO NORTHERN STATES POWER COMPANY A MINNESOTA CORPORATION ITS SUCCESSORS AND ASSIGNS PERMISSION TO CONSTRUCT OPERATE REPAIR AND MAINTAIN IN THE CITY OF BROOKLYN CENTER MINNESOTA AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINES INCLUDING NECESSARY POLES. LINES FIXTURES AND APPURTENANCES FOR THE FURNISHING OF ELECTRIC ENERGY TO THE CITY ITS INHABITANTS AND OTHERS AND TO USE THE PUBLIC WAYS AND PUBLIC GROUNDS OF THE CITY FOR SUCH PURPOSES • THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: S ection 1. DEFINITIONS. Subdivision 1. Cam. The City of Brooklyn Center, County of Hennepin, State of Minnesota. Subdivision 2. City Utility System Facilities used for providing sewer, water, or any other public utility service owned or operated by City or agency thereof. Subdivision 3. Commission The Minnesota Public Utilities Commission, or any successor agency or agencies, including an agency of the federal government which preempts all or part of the authority to regulate electric retail rates now vested in the Minnesota Public Utilities Commission. Subdivision 4. Company. Northern States Power Company, a Minnesota corporation, its successors and assigns. Subdivision 5. Electric Facilities Electric transmission and distribution towers, poles, lines, guys, anchors, conduits, fixtures, and necessary appurtenances owned or operated by Company for the purpose of providing electric energy for public use. Subdivision 6. Non - betterment Costs Costs incurred by Company from relocation, • removal or rearrangement of Electric Facilities that do not result in an improvement to the Electric Facilities. Ordinance No. • Subdivision 7. Notice. A writing served by any party or parties on any other party or parties. Notice to Company shall be mailed to the General Counsel, Law Department, 414 Nicol let Mall, Minneapolis, MN 55401. Notice to the City shall be mailed to the City Clerk, 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430. Either party may change its respective address for the purpose of this Ordinance by written notice to the other party. Subdivision 8. Public Ground Land owned by the City for park, open space or similar purpose, which is held for use in common by the public. Subdivision 9. Public Way Any street, alley, walkway or other public right -of -way within the City. Section 2. FRANCHISE. Subdivision 1. Grant of Franchise City hereby grants Company, for a period of ten (10) years, the right to transmit and furnish electric energy for light, heat, power and other purposes for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future. For these purposes, Company may construct, operate, repair and maintain Electric Facilities in, on, over, under and across the Public Ways and Public Grounds of City, subject to the provisions of this Ordinance. Company may do all reasonable things necessary or customary to • accomplish these purposes, subject, however, to such reasonable regulations as may be imposed by the City pursuant to ordinance and to the further provisions of this franchise agreement. Subdivision 2. Effective Date: Written Acceptance. This franchise shall be in force and effect from and after its passage and its acceptance by Company, and its publication as required by law. An acceptance by Company must be filed with the City Clerk within ninety (90) days after publication. Subdivision 3. Service. Rates and Area. The service to be provided and the rates to be charged by Company for electric service in City are subject to the jurisdiction of the Commission. The area within the City in which Company may provide electric service is subject to the provisions of Minnesota Statutes, Section 216B.40. Subdivision 4. Publication Expense. The expense of publication of this Ordinance shall be paid by Company. Subdivision 5. Dispute Resolution If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining a shall notify the other P g P rtY fY PAY of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within thirty (30) days of the written notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used or if the parties are unable to resolve the dispute within thirty (30) days after first meeting with the selected mediator, either party may commence an action in District Court to interpret • and enforce this franchise or for such other relief as may be permitted by law or equity for breach of contract, or either party may take any other action permitted by law. Ordinance No. • Section 3. LOCATION, OTHER REGULATIONS. Subdivision 1. Location of Facilities. Electric Facilities shall be located and constructed so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and so as not to disrupt normal operation of any City Utility System previously installed therein. Electric Facilities shall be located on Public Grounds as determined by the City. Company's construction, reconstruction, operation, repair, maintenance and location of Electric Facilities shall be subject to other reasonable regulations of the City. Under this franchise agreement the City does not relinquish its police power regulatory authority and Company does not relinquish its eminent domain authority. Subdivision 2. Field Locations. Company shall provide field locations for any of its underground Electric Facilities consistent with the requirements of Minnesota Statutes, Chapter 216D. Subdivision 3. Street Openings. Company shall not open or disturb the paved surface of any Public Way or Public Ground for any purpose without first having obtained permission from the City, for which the City may impose a reasonable fee. Permit conditions imposed on Company shall not be more burdensome than those imposed on other utilities for similar facilities or work. Company may, however, open and disturb the paved surface of any Public Way or Public Ground without permission from the City where an emergency exists requiring the immediate repair of Electric Facilities. In such event Company shall notify the City by telephone to the office designated by the City as soon as practicable. Not later than the second working day thereafter, Company shall obtain any required • permits and pay any required fees. Subdivision 4. Restoration. After undertaking any work requiring the opening of any Public Way or Public Ground, Company shall restore the same, including paving and its foundation, to as good condition as formerly existed, and shall maintain the same in good condition for two (2) years thereafter. The work shall be completed as promptly as weather permits, and if Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Way or Public Ground in the said condition, the City shall have, after demand to Company to cure and the passage of a reasonable period of time following the demand, but not to exceed five (5) days, the right to make the restoration at the expense of Company. Company shall pay to the City the cost of such work done for or performed by the City, including its administrative expense and overhead, plus ten percent (10 %) additional as liquidated damages. This remedy shall be in addition to any other remedy available to the City for noncompliance with this Section 3.4. Subdivision 5. Shared Use of Poles. Company shall make space available on its poles or towers for City fire, water utility, police or other City facilities whenever such use will not interfere with the use of such poles or towers by Company, by another electric utility, by a telephone utility, or by any cable television company or other form of communication company. In addition, the City shall pay for any added cost incurred by Company because of such use by City. Subdivision 6. Avoid Damage to Electric Facilities. Nothing in this Ordinance relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging Electric Facilities while performing any activity. • Ordinance No. • Subdivision 7. Notice of Improvements. The City must give Company reasonable notice of plans for improvements to Public Ways or Public Ground where the City has reason to believe that Electric Facilities may affect or be affected by the improvement. The notice must contain: (1) the nature and character of the improvements, (ii) the Public Ways and Public Grounds upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will start the work, and (v) if more than one Public Way or Public Ground is involved, the order in which the work is to proceed. The notice must be given to Company a sufficient length of time in advance of the actual commencement of the work to permit Company to make any necessary additions, alterations or repairs to its Electric Facilities. Section 4. RELOCATIONS. Subdivision 1. Relocation of Electric Facilities in Public Wa, s. Except as provided in Section 4.3, if the City determines to vacate for a City improvement project, or to grade, regrade, or change the line of any Public Way, or construct or reconstruct any City Utility System in any Public Way, it may order Company to relocate its Electric Facilities located therein. Company shall relocate its Electric Facilities at its own expense, and in a timely manner. Costs incurred by the City due to the lack of a timely commencement of work by the Company shall be paid by the Company. The City shall give Company reasonable notice of plans to vacate for a City improvement project, or to grade, regrade, or change the line of any Public Way or to construct or reconstruct any City Utility System. If a relocation is ordered within five (5) years of a prior City- requested relocation of the same Electric Facilities, which was made at Company expense, the City shall reimburse Company for Non - Betterment Costs on a time and material basis, provided that if a subsequent relocation is required because of the extension of a City Utility System to a previously unnerved area, Company may be required to make the subsequent relocation at its expense. Nothing in this Ordinance requires Company to relocate, remove, replace or reconstruct at its own expense its Electric Facilities where such relocation, removal, replacement or reconstruction is solely for the convenience of the City and is not reasonably necessary for the construction or reconstruction of a Public Way or City Utility System or other City improvement. Subdivision 2. Relocation of Electric Facilities in Public Ground. Except as may be provided in Section 4.3, City may require Company to relocate or remove its Electric Facilities from Public Ground upon a finding by City that the Electric Facilities have become or will become a substantial impairment of the public use to which the Public Ground is or will be put. The relocation or removal shall be at Company's expense. Subdivision 3. Projects with Federal Funding. Relocation, removal, or rearrangement of any Company Electric Facilities made necessary because of the extension into or through City of a federally -aided highway project shall be governed by the provisions of Minnesota Statutes, Section 161.46 as supplemented or amended. It is understood that the right herein granted to Company is a valuable right. City shall not order Company to remove or relocate its Electric Facilities when a Public Way is vacated, improved or realigned because of a renewal or a redevelopment plan which is financially subsidized in whole or in part by the Federal Government or any agency thereof, unless the reasonable Non - Betterment Costs of such relocation and the loss and expense resulting therefrom are first paid to Company, but the City need not pay those portions of such for which reimbursement to it is not • available. Ordinance No. • Subdivision 4. No Waiver. The provisions of Section 4 apply only to Electric Facilities constructed in reliance on a franchise and Company does not waive its rights under an easement or prescriptive right, or State or County permit. Section S. TREE TRIMMING. Company may trim all trees and shrubs in the Public Ways and Public Grounds of City interfering with the proper construction, operation, repair and maintenance of any Electric Facilities installed hereunder, provided that Company shall save the City harmless from any liability arising therefrom, and subject to permit or other reasonable regulation by the City. Company shall confer with the City Forester prior to commencement of tree trimming on any Public Grounds. Section 6. INDEMNIFICATION. Subdivision 1. Indemnification of City. Company shall indemnify, keep and hold the City free and harmless from any and all liability on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Electric Facilities located in the Public Ways and Public Grounds. The City shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the City's negligence as to the issuance of permits for, or inspection of, Company's plans or work. The City shall not be indemnified if the injury or damage results from the performance in a proper manner of acts reasonably deemed hazardous by Company, and such performance is nevertheless ordered or directed by City after notice of Company's determination. Subdivision 2. Defense of City In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, Company at its sole cost and expense shall defend the City such suit if written notice thereof is promptly given to Company within a �' P P Y g n period P Y P wherein Company is not prejudiced by lack of such notice. If Company is required to indemnify and defend, it will thereafter have control of such litigation, but Company may not settle such litigation without the consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City; and Company, in defending any action on behalf of the City shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. Section 7. VACATION OF PUBLIC WAYS. The City shall give Company at least two (2) weeks' prior written notice of a proposed vacation of a Public Way. Except where required for a City improvement project, the vacation of any Public Way, after the installation of Electric Facilities, shall not operate to deprive Company of its rights to operate and maintain such Electric Facilities, until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are first paid to Company. In no case, however, shall City be liable to Company for failure to specifically preserve a right -of -way under Minnesota Statutes, Section 160.29. Section 8. CHANGE IN FORM OF GOVERNMENT. Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City • provided in this Ordinance. Ordinance No. • Section 9. FRANCHISE FEE. During the term of the franchise hereby granted, and in lieu of any permit or other fees being imposed on Company, the City may impose on Company a franchise fee. Said franchise fee shall be imposed by separate ordinance duly adopted by the City Council, which ordinance shall not be adopted until at least sixty (60) days after written notice enclosing such proposed ordinance has been served upon Company by certified mail. Section 2.5 shall constitute the sole remedy for solving disputes between the Company and the City in regard to the interpretation of, or enforcement of, the separate ordinance. No action by the City to implement a separate ordinance will commence until this Ordinance is effective. The payment of a franchise fee as provided by this Section does not relieve Company from paying fees to City unrelated to the installation, ownership or operation of Electric Facilities, such as building permit fees. Section 10. PROVISIONS OF ORDINANCE. Subdivision 1. Severability. Every section, provision, or part of this Ordinance is declared separate from every other section, provision, or part; and if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or part. Where a provision of any other City ordinance conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. Subdivision 2. Limitation on Applicability This Ordinance constitutes a franchise agreement between the City and Company as the only parties and no provision of this franchise shall in • any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third party beneficiary of the agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. Section 11. AMENDMENT. This Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of Company's written consent thereto with the City Clerk within ninety (90) days after the effective date of the amendatory ordinance. Section 12. REPEAL OF EXPIRED FRANCHISE ORDINANCE. Sections 9 -201 through 9 -213 of the Brooklyn Center City Ordinances are hereby repealed. S ection 13. EFFECTIVE DATE. This ordinance shall be effective after adoption and thirty days following its legal publication. • Ordinance No. • Adopted this day of , 1997. Mayor ATTEST: City Clerk Date of Publication Effective Date • 7d • MEMO To: Michael J. McCauley, City Manager '. 1 From: Ronald A. Warren, Planning and Zoning Specia ist •(X l�J• Date: February 5, 1997 Subject: An Ordinance Amending Chapters 35, 19 and 7 of the City Ordinances Relating to Adult Establishments On the City Council's February 13, 1997 agenda is an ordinance amendment relating to adult establishments which has been reviewed and recommended by the Planning Commission. This ordinance was prepared in response to direction given following a joint Planning Commission/City Council meeting on December 9, 1996. Attached is a copy of the minutes from that joint meeting. The ordinance amendment would provide for and define adult uses which would be concentrated in the Industrial Park (1 -1) zoning district rather than to be dispersed throughout the commercial districts within the City. The recommended ordinance amends three separate chapters under the City Ordinances. Chapter • 35, which is the City's Zoning Ordinance, establishes a new section defining "adult establishments" as well as other terms relating to adult establishments and would limit the location of adult establishments to the I -1 zoning district. The proposed ordinance would also amend Chapter 19, which relates to nuisances and petty offenses and would establish certain regulations relating to a specific category of adult establishments, that being "adult cabarets ". The ordinance amendment would also amend Chapter 7 which deals with general health and sanitation regulations and would add regulations for commercial premises, buildings and structures that may be conducive to the spread of communicable diseases. This matter was reviewed by the Planning Commission at their January 29, 1997 meeting and a copy of the Planning Commission minutes relating to this matter is included. Also included are copies of a memo presented the Commission and the City's zoning map highlighting the concentrated area in which adult establishments could be located. The Planning Commission requested me to seek clarification from the city attorney's office regarding two matters in the proposed ordinance. One was an inquiry as to whether or not the ordinance could establish certain distance separations from such uses as churches, schools, etc. Mr. Thomson of the city attorney's office pointed out that the type of ordinance that we are pursuing is a concentration type ordinance and the distance separations from specified uses are • more common to dispersal type adult establishment ordinances. The other question asked was whether or not the 25 percent and 500 sq. ft. limitation provided for under the definition of "adult establishment" could be made smaller. He noted that the standards provided are common to • other ordinances and were defensible. He did not recommend making these standards smaller. It should be noted that the Planning Commission's recommendation was not unanimous. One commission member voted against the recommendation, not because he was opposed to the ordinance language, but rather that he favored a dispersal rather than a concentration type adult establishment ordinance. It is recommended that the City Council, following discussion of this matter, accept the Planning Commission's recommendation and consider the recommended ordinance amendment for first reading. • • MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION AND CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA JOINT MEETING DECEMBER 9, 1996 CALL TO ORDER The Planning Commission members and the City Council members met in a joint meeting convened by City Councilmember Debra Hilstrom at 7:05 p.m. ROLL CALL Councilmembers Kathleen Carmody, Debra Hilstrom, and Charles Nichols, Planning Commission Chair Tim Willson Commissioners Donald Booth Rex Newman Dianne Reem and Brian Walker were present. Mayor Myrna Kragness entered the meeting at 7:30 p.m. Also present were City Manager Michael J. McCauley, Director of Community Development Brad Hoffman, Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, Planning Commission Recording Secretary Arlene Bergfalk, and Mr. Jim Thomson, attorney, Kennedy & Graven law firm. • Councilmember Kristin Mann and Commissioners Graydon Boeck and Mark Holmes did not attend. ORDINANCE TO REGULATE ADULT USE BUSINESSES (MORATORIUM ORDINANCES NO.95 -02 AND NO.96 -20) City Manager McCauley reviewed the issues related to siting of adult establishments within the City of Brooklyn Center. Mr. Thomson presented a legal overview of local regulation of adult uses. He distributed and reviewed a document entitled: "REGULATION OF ADULT USES." Written and presented in a question and answer format, the material described adult use, explained the existing legal protection of adult businesses, and outlined the types of acceptable zoning and licensing regulations under current laws that have been upheld by various Courts. The Councilmembers and Commissioners took part in a discussion of the available options to determine the appropriate method of regulation of adult use businesses for Brooklyn Center. Regulation by licensing and two types of zoning regulations - dispersal regulation and concentration regulation - were considered. The advantages and disadvantages of each type of regulation were examined. Messrs. Thomson, McCauley, Warren, and Hoffman answered questions from the participants. • 12 -09 -96 1 Following the discussion, a consensus of the Councilmembers and Commissioners emerged that • Brooklyn Center should regulate adult use businesses under a zoning regulation which concentrates such businesses in a specific area of the City, and further that such businesses should be concentrated in the Industrial (I -1) Zoning District. These decisions were based on the best interests of the community and that such regulation would be defensible in a court of law. PROCEDURE Mr. McCauley explained that Mr. Thomson will prepare draft ordinances reflecting the decisions reached at this meeting for consideration by the Planning Commission in January 1997. The current moratorium on the siting of adult uses expires on March 30, 1997, therefore, it is anticipated that an acceptable Ordinance will be developed and agreed upon for implementation on that date. ADJOURNMENT The meeting adjourned at 9:00 p.m. Chair Recorded and transcribed by: Arlene Bergfalk t TimeSaver Off Site Secretarial 12 -09 -96 2 • MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION JANUARY 29, 1997 CALL TO ORDER The Planning Commission met in a study session called to order by Commissioner Reem at 7 :35 p.m. ROLL CALL Commissioners Graydon Boeck, Donald Booth, Rex Newman, Dianne Reem, and Brian Walker were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren and Planning Commission Recording Secretary Arlene Bergfalk. Commissioner Mark Holmes was excused. Chair Tim Willson entered the meeting at 7:37 p.m. OATHS OF OFFICE Mr. Warren administered oaths of office to Graydon Boeck and Brian Walker, each reappointed to ® the Planning Commission for a two -year term expiring on December 31, 1998. APPROVAL OF MINUTES - JANUARY 15 1997 There was a motion by Commissioner Reem, seconded by Commissioner Newman, to approve the minutes of the January 15, 1997 meeting as submitted. The motion passed unanimously. Commissioners Boeck, Booth, and Walker abstained since they did not attend that meeting. CHAIR'S EXPLANATION Chair Willson duly noted the Planning Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. REVIEW DRAFT ADULT ESTABLISHMENT ORDINANCE Chair Willson introduced the proposed Adult Establishment Ordinance. The draft material consists of two new sections and a new subparagraph to amend Chapters 35, 19, and 7, respectively, of the City Ordinances. These amendments relate to three different ordinances concerning the public health, safety, morals and general welfare of adult establishments. Mr. Warren reviewed the background to development of the draft ordinances and referenced the joint Commission/Council meeting held on December 9, 1996. (See Warren's January 27, 1997 1 -29 -97 1 • memorandum regarding Draft Adult Establishment Ordinance, and Joint Meeting Minutes of December 9, 1996 attached.) The consensus reached at the joint meeting supported concentrating adult use businesses to the Industrial Park Zoning District (I -1). Mr. Warren showed an overhead transparency identifying the specific I -1 district where such uses could be located. The ordinances, prepared by the City Attorney's office, include language presenting various findings and purposes, definitions and terms, adult cabaret and public health regulations, and criminal penalties. Other metropolitan cities have adopted similar ordinances. The regulations are considered defensible in a court of law. The Commissioners discussed the draft ordinances and issues related to adult use establishments in the City. Commissioner Walker inquired whether some set -backs /limitations could be attached to the concentrated method of regulation and whether criteria regarding the sale of sexually- oriented materials that allow 25% or 500 square feet of the retail floor area of the business to be used for such materials and sales could be amended to allow a lesser amount of space. Mr. Warren stated he would discuss the questions with the City Attorney, but indicated, however, that it is likely that such changes may jeopardize the legality of the ordinances. Following discussion, the Commissioners did not interpose objections to the draft ordinances as presented. ACTION RECOMMENDING APPROVAL OF ADULT ESTABLISHMENT ORDINANCE There was a motion by Commissioner Boeck, seconded by Commissioner Booth, to recommend to the Council that it approve an Ordinance Relating to the Public Health, Safety, Morals and General Welfare: Adult Establishments: Public Health: Amending Brooklyn Center City Code by Adding Sections 35 -2182, 19 -900, and 7 -600, and Amending Section 35 -330, as drafted by the City Attorney. Voting for: Chair Willson, Commissioners Boeck, Booth, Reem, and Walker. Voting against: Commissioner Newman. Commissioner Newman opposed the draft ordinances because he preferred adoption of an ordinance that would disperse adult use businesses in the City rather than to concentrate them in a particular area. The motion passed 5 to 1. The Council will consider the recommendation at its Monday, February 10, 1997 meeting. These Ordinances will replace the moratorium ordinance expiring March 30, 1997. OTHER BUSINESS • 1 -29 -97 2 Mr. Warren reminded the Commissioners of the initial meeting of the Comprehensive Plan Update • Task Force on Monday, February 3, 1997, at 7 p.m. in the Council Chambers. Subsequent meetings, including a public hearing, will be held in April, May, June, and July 1997. Tentative dates for joint meetings with the Council were reported. Mr. Warren reviewed the status of development projects in the City. He briefly commented on upcoming Commission agenda matters. The next Commission meeting will be on Wednesday, February 12, 1997. Commissioner Reem informed the Secretary and the Commissioners that she will be absent from the February 12 and March 27 Commission meetings. ADJOURNMENT There was a motion by Commissioner Booth, seconded by Commissioner Newman, to adjourn the Planning Commission study session. The motion passed unanimously. 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Warren, Planning Commission Secretary DATE: January 27, 1997 SUBJECT: Draft Adult Establishment Ordinance Enclosed is a co of a draft adult establishment lishment o d' r finance prepared in response to direction given following a joint Planning Commission/City Council meeting on December 9, 1996. (See minutes attached.) Following a presentation by Jim Thomson from the City Attorney's law firm and a discussion of adult uses direction Q' on as given en to prepare a draft di o b P p ordinance regulating adult uses under a zoning regulation which would concentrate such businesses in the Industrial Park (I -1) zoning district. The ordinance is presented to the Planning Commission for your consideration. • The ordinance amends three separate chapters under the City Ordinances; Chapter 35 which is the Zoning Ordinance, Chapter 19 which relates to nuisances and petty offenses and Chapter 7 which deals with general health and sanitation. The draft ordinance makes various findings based on studies which have been provided to the Planning Commission and attempts to establish an ordinance that would lessen the adverse secondary impacts of adult establishments on the community. The ordinance establishes a new section in the Zoning Ordinance (Section 35 -2132) which defines "adult establishment" as well as other terms relating to adult establishments. These adult establishments would be limited to locating only in the I -1 (Industrial Park) zoning district. The City Attorney has also recommended that the City establish certain regulations relating to a specific category of adult establishments, that being "adult cabarets ". Such uses would be limited to the Industrial Park zoning district, and the City would establish regulations relating to the operation of such a use within the City under the nuisance and petty offense chapter of the City Ordinances. The City Attorney has also recommended that the health and sanitation chapter of the City • Ordinances be amended to establish certain health and sanitation regulations for commercial premises, buildings and structures that may be conducive to the spread of communicable diseases. y Generally, the Planning Commission is charged only with making recommendations regarding • zoning ordinance amendments. However, these items are inter - related and the ordinance has been drafted in such a way that it would be appropriate for the Planning Commission to make comments regarding other chapters that are proposed to be amended. I will be prepared to review and discuss the proposed ordinance amendment in more detail at Wednesday evening's Planning Commission meeting. It should be noted that the moratorium on the siting of adult establishments is set to expire on March 30, 1997. • • CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 10th day of March, 1997, at 7 p.m. or as soon thereafter as the matter may be heard at City Hall, 6301 Shingle Creek Parkway, to consider an amendment relating to the public health, safety, morals and general welfare of adult establishments. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the personnel coordinator at 569 -3303 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTERS 35, 19, AND 7 OF THE CITY ORDINANCES RELATING TO THE PUBLIC HEALTH, SAFETY, MORALS, AND GENERAL WELFARE: ADULT ESTABLISHMENTS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is amended by adding a new section to read: • Section 35-2182. 8 ADULT ESTABLISHMENTS 1. Findings and Purpose Studies conducted by the Minnesota Attorney General the American Planning Association and cities such as St Paul,-Minnesota: Indianapolis Indiana: Hopkins Minnesota: Ramsey. Minnesota: Minnetonka Minnesota, Rochester. Minnesota; Phoenix Arizona, Los Angeles. California, Seattle Washington have studied the impacts that adult establishments have in those communities These studies have concluded that adult establishments have adverse impacts on the surrounding neighborhoods These impacts include increased crime rates lower 12rope= values, increased transiency. neighborhood blight and potential health risks. Based on these studies and findings the City Council concludes: a. Adult establishments have adverse secondar,� impacts of the types set forth above. b. The adverse i=acts caused by adult establishments tend to diminish if adult establishments are governed by geog_ra.�hic licensing and health requirements. L. It is not the intent of the City Council to prohibit adult establishments • from having a reasonable opportunity to locate in the citX ORDINANCE NO. • I Minnesota Statutes Section 462.357. allows the City to adopt regulations to promote the public health safely. morals and eg neral welfare. e. The public health safety morals and general welfare will be promoted by the Ciiy_ adopting regulations governing adult establishments. 2. Definitions: For purposes of this section, the following terms have the meanings given them a. "Adult Establishment" means a business where sexually- oriented materials are sold. bartered distributed leased or furnished and which meet any of the following criteria: a business where sexually oriented materials are provided for use consumption enjoyment or entertainment on the business premises 2) a business that is distinguished or characterized by an emphasis on the ' description or display of specified sexual activities, • a business that is distinguished or characterized b emphasis on the description or display of specified anatomical areas: an adult cabaret as defined in Section 19 -1900 Subdivision 1 a business rp oviding es xually oriented materials only for off -site use consumption, enjoyment or entertainment if the portion of the business used for such purpose exceeds 25% of the retail floor area of the business or 500 square feet. whichever is less b. "Sexually oriented materials" means visual printed or aural materials objects or devices that are distinguished or characterized by an emphasis on the depiction or description of specified anatomical areas or specified sexual activities. C. "Specified Anatomical Areas" mean 1 Less than com letely and opaquely l covered human genitals pubic regions buttocks anuses or female breasts below a point immediately above the top of the areola• and • 21 Human male genitals in a discernable turgid state even if completely and opaquely covered ORDINANCE NO. • d. "S ecified Sexual Activities" means: — i ans• n Actual or simulated: sexual intercourse: oral copulation: anal intercourse: oral -anal copulation: bestiality; direct physical stimulation of unclothed genitals: flagellation or torture in the context of a sexual relationship: the use of excretory functions in the context of a sexual relationship: anilingus• buggery coprophagv: coprojhilia• cunnilingus• fellatio: necrophilia: pederaM. pedophilia • piauerism• sapphism: or zooerastia- Clearly depicted human genitals in the state of sexual stimulation, arousal, or tumescence 3 Use of hum r animal e'aculatio sodomy, � an o aru , n. s my, oral copulation, coitus or masturbation: Fondling or touching of nude human genitals pubic regions, buttocks or female breasts: Situations involving a person or persons any of whom are • nude who are clad in undergarments or in sexually revealing costumes and engaged in the flagellation torture fettering, binding or other physical restraint of any _person: Erotic or lewd fondling or other sexually oriented contact with an animal by a human being: or Human excretion urination menstruation or vaginal or anal irrigation. 3. Adult establishments may be located only as allowed by Section 35 -330 of this code Section 2. Chapter 35, Section 35 -330 Paragraph 1, Clause a of the City Ordinances of the City f Brooklyn Center ' tY Y is amended to add the following subparagraph: 13. Adult Establishments Section 3. Chapter 19 of the City Ordinances of the City of Brooklyn Center is amended by adding a new section to read: Section 19 -1900• ADULT CABARETS • a. Definition. An adult cabargt is a business that ovides dancing or other live entertainment distinguished or characterized by an emphasis on the presentation display or depiction of specified sexual activities or specified anatomical areas. or the ORDINANCE NO. • presentation, display or depiction of matter that seeks to evoke arouse or excite sexual or erotic feelings or desires b. Any adult cabaret operating in the city must comply with the following; conditions: 1. An owner. operator, or manager of an adult cabaret may not allow any dancer or other live entertainer to display Specified Anatomical Areas or to display or perform Specified Sexual Activities on the premises of the Adult Cabaret: 2. A dancer, live entertainer performer, patron, or any other person may not display pecified Anatomical Areas in an Adult Cabaret: 3. The owner operator or manager of an adult cabaret must provide the following information to the City concerning _any person who dances or performs live entertainment at the adult cabaret: The person's name, home address home telephone number, date of birth and any aliases: 4. A dancer, live entertainer, or performer may not be under 18 years • old: 5. Dancing or live entertainment must occur on a platform intended for that purpose and that is raised at least two feet from the level of the oor• 6. A dancer or performer may not perform a dance or live entertainment closer than ten feet from any_patron• 7. A dancer or performer may not fondle or caress any patron and no patron may fondle or caress any dancer or performer: $ A patron may not pay or give My rg t& to any dancer or performer: and 9. A dancer or performer may not solicit or accept any pay or P-ragLity from any patron Section 4. Chapter 7 of the City Ordinances of the City of Brooklyn Center is amended by adding a new section to read: • Premises Conducive to High -Risk Sexual Conduct Section 7 -600. FINDINGS AND PURPOSE. The City Council of the City of Brooklyn Center makes the ollowin findings rep rding the need to retzulate, ORDINANCE NO. • commercial remises bui in p ld gs_ and structures that are conducive to the spread of communicable disease of danger to persons in order to further the substantial interest of public health A. The experience of other cities establishes that certain commercial p se s premises. buildings_ and structures or parts thereof by reason of the design and use of such premises buildings or structures are conducive to the spread of communicable disease of danger to persons frequenting_ such premises buildings or structures as well as to the general public. and that the risk of spreading infectious and contagious diseases can be minimized by regWating such commercial premises buildings and structures B. The experience of ther cities where such commercial mise o t s pr e s buildings and structures are present indicates that the risk of spreading the sexually transmittable disease of Acquired Immune Deficiency Syndrome AIDS) is increased by the presence of such premises. buildings and structures because the design or use of such premises. buildings, and structures or parts thereof can facilitate high -risk sexual conduct • C. Medical publications _ p i ations of the Center for Disease Control of the United States Department of Health and Human Services indicate that the sexually transmittable disease of AIDS is currently irreversible and uniformly fatal Medical research has further established that the risk factors for obtagung orspreading AIDS are associated with high risk sexual conduct. D. Certain commercial premises buildings, and structures or parts thereof by reason of their design and use are conducive to high -risk sexual conduct and hence the spread of communicable disease and that the risk of spreading infectious and contagious diseases can be minimized by regulating these commercial premises, buildings, and structures E. The public health safety morals and general welfare will be promoted by the City adopting regulations governing; conmercial premises buildings and structures conduce to high -risk sexual conduct. F. The purpose of this section is to prescribe regulations governing commercial premises_ buildings and structures that are conducive by • virtue of design and use to high -risk sexual conduct which can result in the spread of sexually transmitted diseases to persons frequenting such premises buildings and structures ORDINANCE NO. • Section 7 -601. DEFINITIONS The follownng terms have the meanings given them below: A. "Booths stalls or partitioned portions of a room or individual room" means enclosures specifically offered to persons for a fee or as an incident to performing high -risk sexual conduct or (ii) enclosures which are part of a busine s operated on the premises which offers movies or other entertainment to be viewed within the enclosure, including enclosures wherein movies or other entertainment is dispensed fora fee but does not include enclosures that are ril ivate offices used by the owners. managers or persons employed by the premises for attending to the tasks of their employment and which are not held out to the public or members of the establishment for hire . or for a fee or for the purpose of viewing movies or other entertainment for a fee, and are not open to any persons other than employees. B. "Doors curtains or portal partitions" means full complete non- transparent closure devices through which one cannot see or view activity taking place within the enclosure • C. "H ar u az do s site means any commercial premises building or structure or any part thereof, which is a site of high -risk sexual conduct as defined herein D. "High -risk sexual conduct" means (I ) fellatio ill anal intercourse; or (iii) vaginal intercourse with persons who engage in sexual acts in exchange for money. E. " O.pen to an adjacent public room so that the area inside is visible to persons in the adjacent public room" means either the absence of any entire "door, curtain or portal partition" or a door or other device which is made of clear transparent material such as glass. plexiglass or other similar material mee ' g building code and safety standards. which permits the activity inside the enclosure to be entirely viewed or seen by persons outside the enclosure F. "Public health official" means an agent or employee of the Cites county or state charged with the enforcement of the state or local health laws. • Section 7 -602. PUBLIC HEALTH REGULATIONS. A- commercial building structure premises or part thereof or facilities therein may not be constructed used designed or operated in the city for the ORDINANCE NO. p=ose of engaging in or permitting persons to engage in sexual activities which include high -risk sexual conduct B. It is unlawful to own operate manage rent lease or exercise control of a commercial building. structure premises or portion or part thereof in the City, that contains: 1. Partitions between subdivisions of a room, portion or part of a building, structure or premises having an aperture which is designed or constructed to facilitate sexual activity including but not limited to vaginal intercourse anal intercourse. or fellatio. between persons on either side of the partition 2. "Booths stalls or partitioned portions of a room or individual room" as defined herein which have "doors curtains or portal partitions" as defined herein unless the booths stalls or partitioned portions of a room or individual room have at least one side open to an adjacent public room so that the area inside is visible to persons in the adjacent public room as defined herein. Booths stalls or partitioned portions of a • room or individual room that are so open to an adjacent public room must be lighted in a manner that the persons in the area used for viewing motion pictures or other forms of entertainment are visible from the adjacent public rooms. but such li hting need not be of such intensity as to prevent the viewing of the motion pictures or other offered entertainment Section 7 -603. EXCEPTIONS The regulations set forth in this section do not apply to premises, buildings or structures that are lawfully o eerating and licensed as hotels, motels apartment complexes. condominiums townhomes or boarding houses which are suject to other general health and sanitation requirements under state and local law. Section 7 -604. HEALTH ENFORCEMENT POWERS A. In exercising_powers conferred by this or any other section of this code relating to communicable diseases the Public Health Official is to be guided by the most recent instructions opinions and guidelines of the Center for Disease Control of the United States Department of Health and Human Services that relate to the spread of infectious diseases • B. _In order to as certain the source of infection and reduce its sapread the Public H alth Official and persons under the Public Health Official's direction and control may inspect or cause to be inspected and to issue orders re arding any commercial building structure or ORDINANCE NO. • premises or any part thereof, that may be a site of high risk sexual conduct. If the Public Health Official determines that a hazardous site as defined herein exists the Public Health Official will declare it to be a public health hazard and public health nuisance and will: 1. Notify the manager, owner, or tenant of the hazardous site that the Public Health Official has reasonable belief that the premises. building or structure is a hazardous site as defined herein. 2. Issue two written warnings at least ten dasapart to the manager, owner or tenant of the premises stating the specific reasons for the Public Health Official's opinion that the premises. building, or structure is a hazardous site as defined herein. 3. Once such notices and warnings have been issued the Public Health Official must proceed as follows: as After the manager, owner or tenant of the premises • has been notified in writing as to the basis of the Public Health Official's determination, the manager, owner or tenant will have ten days from the date of the last warning to request a hearing before the Public Health Official or the Public Health Official's appointee for the determination as to the existence of such hazardous site I£ the manager, owner or tenant of the premises does not request a hearing within ten days of the date of the last warning notice the Public Health Official will then cause the premises to be posted with a warning advising the public that the premises have been declared a hazardous site and the Public Health Official will cause orders to be issued to the manager. owner or tenant of the ;premises constituting the hazardous site to take specified corrective measures to prevent high-risk sexual conduct from taking place within the premises b) If the manager, owner or tenant of the premises requests a hearing. the hearing will be held before the Public Health Official or the Public Health_ Official's • appointee at a date not more than 30 days after demand for a hearing After considering all evidence the Public Health Official or the Public Health Official's appointee will make a determination as to ORDINANCE NO. • whether the premises constitute a hazardous site, as defined herein and issue a decision based upon all hearing evidence presented. If the Public Health Official or the Public Health Official's appointee makes a determination that the premises constitute a hazardous site. the Public Health Official will then issue orders to the manager, owner or tenant of the premises to take corrective measures to rp event high -risk sexual conduct from taking place within the premises and cause the premises to be posted with a warning advising the public that the premises have been declared a hazardous site. If, within 30 days after issuance of the orders to the manager. owner. or tenant of the hazardous site the Public Health Official determines that such corrective measures have not been undertaken the Public Health Official a) may order the abatement of the hazardous site as a public nuisance, which may be enforced by mandatory or prohibitory injunction in a court of • competent jurisdiction, or (ii) may secure a court order for the closure of the premises constituting the hazardous site until the premises building or structure is in compliance with all provisions of this code. Section 7 -605 CRIMINAL PENALTIES. A person violating any provision of this section or any person who removes destroys or defaces warnings posted on premises by the Public Health Official pursuant to this chapter shall be guiljy of a misdemeanor i ORDINANCE NO. • Section 5. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of , 1997. Mayor ATTEST: City Clerk Date of Publication • Effective Date (Brackets indicate matter to be deleted, underline indicates new matter.) MEMORANDUM DATE: February 5, 1997 TO: Michael McCauley, City Manager FROM: Scott Brink, City Engineer SUBJECT: Resolution Accepting Engineer's Feasibility Report and Calling for a Public Hearing, Improvement Project Nos. 1997 -04, 05, and 06, France Avenue, 69th Avenue to North City Limits, Street, Storm Drainage, and Utility Improvements A feasibility report and preliminary design have been completed for street and utility improvements for France Avenue North between 69th Avenue North and 73rd Avenue North (the North City Limits). The project was previously established by the City Council on October 15, 1996 by Resolution No. 96 -202. Since that time, preliminary engineering and a significant amount of public participation has been completed. Two (2) informational meetings were conducted with residents and property owners on December 3, 1996, and on January 23, 1997. Attached is a feasibility report and variety of information and correspondence that has been provided to property owners throughout this process. In addition to the public meetings, staff has also received significant amounts of information and input from property owners through two separate surveys. • The project essentially proposes to reconstruct the roadway with new bituminous surfacing, concrete curb and gutter, provide upgrades to existing utilities, provide a stand -by emergency water connection with the City of Brooklyn Park, and improve drainage. As explained in the feasibility report, a proposed width for the roadway has been discussed extensively with the property owners. The report provides further information regarding this issue, as well as a detailed cost breakdown of the specific project costs. It is recommended that the City Council approve the attached resolution to receive the Engineer's Feasibility Report, and to schedule a public hearing to consider approval of the project on March 10, 1997. • adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION ACCEPTING ENGINEER'S FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NOS. 1997 -04, 05 AND 06, FRANCE AVENUE, 69TH AVENUE TO NORTH CITY LIMITS, STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS WHEREAS, the Brooklyn Center City Council has previously directed the preparation of an engineer's feasibility report regarding proposed improvements to the streets, storm drainage system, and public utilities on France Avenue North between 69th Avenue North and 73rd Avenue North (the North City Limits); and WHEREAS, the City Engineer has prepared said report, and recommends that the proposed improvements be considered; and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost - effective, and feasible; and WHEREAS, costs have been estimated for these proposed street, utility, and storm sewer improvements; and • WHEREAS, it is proposed to assess a portion of the cost of the street improvements against all properties within the project area; and a portion of the storm drainage improvements within designated sections of the project area; and WHEREAS, the cost to be assessed to the properties is estimated to be: STREET IMPROVEMENT STORM DRAINAGE IMPROVEMENT 1997 -04 1997 -05 Special Assessments $118,000 $38,350 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. A public hearing shall be held on the 10th day of March, 1997, in the City Hall Council Chambers at 7:00 P.M., or as soon thereafter as the matter may be heard to hear and pass upon said improvement project and at such time and place all persons owning property affected by said improvements will be given an opportunity to be heard with reference to said improvements. 2. The Deputy City Clerk is directed to cause a notice of public hearing to be published in the official newspaper at least two weeks prior to the hearing, and • shall state in the notice the total improvement costs. RESOLUTION NO. • Date Mayor ATTEST: Ci ty 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 • 3[A great place to start. A great place to stay. 6301 SHINGLE CREEK PKWY BROOKLYN CENTER, MINNESOTA 55430 ENGINEERING: 569 -3340 FAX: 569 -3494 ENGINEER'S FEASIBILITY REPOW T FOR FRANCE AVENUE IMPROVEMENT PROJECT (69th Avenue North to 73rd Avenue North) MSAS No. 109 - 117 -02 IMPROVEMENT PROJECT NO. 1997 -04 January, 1997 ,MAY -1-EW (Figure 1) The proposed improvement project includes roadway and utility improvements for France Avenue North from 69th Avenue North to 73rd Avenue North (City Limit); a distance of approximately 0.8 kilometers(0.5 mi.). The proposed improvement would include the following: reconstruction of the roadway, an emergency /stand by water connection with the City of Brooklyn Park, including a • distribution main link between Brooklyn Park and 69th Avenue, storm sewer, sanitary sewer reconstruction and repairs as needed, and other utility work and upgrades as necessary. The project was established by the City Council on October 15, 1996 by Resolution 96 -202. Some initial preliminary survey and design work was completed, and informational meetings for property owners were held on December 3, 1996 and January 23, 1997. Comments and input received from residents and property owners throughout the public process has been considered in the preparation of this report. PROPOSED IMPROVEMENTS ROADWAY(Figure 2) France Avenue from 69th to 73rd currently exists as a two lane collector roadway, approximately 35 feet wide, with flat grades, and no curb and gutter. The age and condition of the pavement has progressed to the stage where rehabilitation of the roadway is considered warranted. The street was constructed approximately 40 years ago, and is nearing the end of its useful life. This street comes up in our Pavement Management Program (PMP) as needing to be reconstructed rather than sealcoated. The flat grades and lack of curb and gutter does not provide for adequate drainage, and some of the adjacent properties experience standing water and poor drainage as a result. Standing water after heavy rainfall events has contributed to the deterioration of the roadway surface. The reconstructed roadway would therefore include curb and gutter and sufficient grading to direct runoff to an improved storm sewer system. The roadway is designated as a State Aid collector roadway under the City's transportation system, and would be designed and constructed in accordance with current Minnesota Department of Transportation design standards. These standards would include curb and gutter and sufficient pavement thickness and width. France Avenue Improvements - Page 1 Street Width Determination Input from property owners regarding design of the proposed France Avenue project has been sought throughout development of the project. Along with neighborhood informational meetings held on December 3, 1996 and January 23, 1997, 2 surveys were sent to residents. Many design issues and construction related questions were discussed at these meetings. However, one issue that has been difficult to conclusively resolve is the design width for the street. Typically, on collector streets of this nature, the State Aid design standards, along with any other specific needs of the property owners(parking for example) are all considered and incorporated together so that a satisfactory width that meets State standards can be attained. The existing roadway is 34 - 35 feet wide in most locations. In accordance with State Aid standards, the following minimum width requirements have been established for Municipal State Aid collector streets. Parking allowed on both sides of the roadway: 38 feet Parking allowed on one side of the roadway: 32 feet In addition to the State imposed standards, it is often desirable to construct a roadway with additional width that allows an additional margin of safety for bicycle traffic, buses, and snow storage. At the first meeting on December 3, the State Aid width requirements, and parking needs were discussed with property owners. In general, the amount of parking to be allowed will determine the required width for the roadway. There did not appear to be a clear consensus among the residents regarding how wide the street should be, however, residents desiring a narrower street were quite vocal. • Because attendance at this meeting as relatively latively light, it was decided that a survey sent to all property owners would perhaps provide a clearer picture, and enable all property owners to express their opinion. This second survey, mailed out in late December, requested very specific input from residents regarding a proposed width for a newly constructed roadway. The roadway width question and results are provided below. Surveys were sent to about 60 properties, and 31 responses were received. 1. At the public informational meeting held at Palmer Lake School on December 3, 1996, there was considerable discussion and concern expressed regarding traffic, parking, and street width issues. A number of residents present at the public meeting expressed feelings regarding a proposed width for the roadway. The City is interested in knowing which option you prefer. 9 Reconstruct the roadway to its present width of 35 feet. This means that one side of France Avenue from 69th to 73rd would be posted "No Parking, " and some width will be available for bicycle traffic, snow storage, etc. Regular parking restrictions, such as no overnight parking, would still apply. 7 Narrow the roadway from 35 feet to 32 feet. Parking would be prohibited on one side of the street, but allowed on the other. Regular parking restrictions, such as no overnight parking, would still apply. • France Avenue Improvements - Page 2 L-5 Widen the roadway to 38 feet wide and allow parking on both sides. This would also allow an additional margin of safety for buses, snow removal and bicycle • traffic. Parking should be allowed on the (check one) 9 east side, 4 west side, or 15 both sides of the street. These results were presented to those in attendance at the January 23 meeting. However, there was still no clear consensus among the residents present on how wide the road should be. Some expressed their desire for a narrower road, while others expressed a need for a wider road. Ultimately, a show of hands indicated 15 in favor of a compromise to keep the street at the same width, while 6 indicated a desire to widen the road. Keeping the roadway the same width would allow for parking on one side of the roadway. The volume and speed of traffic on France Avenue has been expressed as a major concern by residents throughout this process. Interestingly, the traffic was presented as an argument by both those who want to narrow the roadway, and those who wish to see it widened. Some comments received at the meeting suggested that a narrower roadway may discourage traffic, while others suggested that a wider roadway may be needed for increased access safety, as well providing parking. On similar projects in the past, residents have been offered the possibility of installing "chokers "(i.e. narrow the roadway width) at selected intersections to discourage speeding, provide additional safety for pedestrians attempting to cross the roadway, and to add an additional aesthetic amenity. In addition, the street can be widened between the chokers to provide parking without losing the "narrowing" effect. This concept was presented to residents at the January 23 meeting, but did not appear to gain any conclusive or significant response one way or the other. Providing a reliable cost estimate for construction of the roadway is difficult without knowing the t exact width of the roadway. Staff has therefore at this time tabulated a cost based upon reconstructing the street to the same(existing) width. However, a final determination of the roadway width can be formally determined by the City Council at the public hearing. TRUNK WATER MAIN IN TALLATION(Fi re 3) Included within the scope of this project would be the installation of a 16 inch water distribution main link between 73rd Avenue and the 69th Avenue distribution main near Water Tower No. 1. This would also provide for an emergency water supply connection with the City of Brooklyn Park at 73rd Avenue. The City of Brooklyn Center receives almost its entire water supply from a well -field in the northeast part of the City. The City presently does not have any standby or emergency water source in the event of a power outage at the well -field. An emergency connect with Brooklyn Park has been identified for several years. This connection has been identified in the City's Capital Improvement Program for several years. The northwest area of the city has been seen as particularly vulnerable in the event of a severe water shortage or power outage because of its distance from the well field, and the relatively short time of supply that could be provided by Tower No. 1. The installation of the 69th Avenue trunk distribution main could provide a significant supply and safety improvement to this portion of the city, particularly during periods of heavy water demand such as during droughts and /or fires. The existing water main would remain in place to provide water service in the immediate area for France Avenue itself. At this time, it appears that the existing main is in relatively good condition, and few or no replacements of this main are anticipated. • France Avenue Improvements - Page 3 SANITARY SEWER(Figure 4) An existing 8 inch sanitary sewer pipe serves France Avenue along the entire length of the roadway. The pipe is constructed of an older clay material that was installed without the tighter gasketed joints that are currently used today. Inspection has revealed that age, deterioration, and root infiltration have occurred over time and that the majority of this line is in need of at lease some kind of rehabilitation or replacement. Portions of the sanitary sewer are therefore recommended to be replaced, along with individual house service connections between the main and property line. In areas where the sewer depth is significant, a cost estimate has been included to provide for relining of the main rather than complete excavation. In some instances, relining can be more cost effective than total replacement, particularly when the sewer main is excessively deep, and time constraints may be a factor. STORM SEWER(Fi re 5) The existing roadway storm sewer service is very limited and insufficient at best. Replacement of the roadway would include the installation of catch basins and storm sewer along the roadway's entire length. Although the drainage area served by the roadway is not particularly large, the existing rural design and lack of storm sewer has resulted in drainage and standing water problems for the roadway and some adjacent properties. FUNDING CONSIDERATIONS Funding for Roadway Improvement • The estimated cost for roadway improvements is $317,650. This amount does include an additional amount of $30,000 for street light replacements and landscaping. All roadway costs, including the majority of landscaping and street lighting costs would be eligible for State Aid funding. It is proposed to levy special assessments for street improvements in accordance with City policy in the amount adopted by the City Council on January 13, 1997. This establishes a residential street assessment rate of $2,000 per residential property. Funding for Storm Drainage Improvements The total cost for storm sewer improvements is $81,400. Because the drainage area served by the proposed storm sewer is generally confined to the roadway and properties adjacent to the roadway, the majority of the costs would be eligible for State Aid funds. It is proposed to levy special assessments for storm drainage improvements in accordance with City policy in the amount adopted by the City Council on January 13, 1997. This established an assessment rate of $650 per residential parcel. Funding for Water Main Installation The total cost for water main improvements is $78,650. These costs would be funded from the Water Utility fund. Funding for Sanitary Sewer Replacement and Rehabilitation • The total cost for sanitary sewer is $128,700. These costs would be funded from the Sewer Utility fund. France Avenue Improvements - Page 4 ESTIMATED PROJECT COSTS AND REVENUES Costs Roadway Improvements Y P $317,650 Water Main Connect and Installation $78,650 Storm Sewer $81,400 Sanitary Sewer Rehabilitation $128,700 Professional Services $10,000 Engineering $45,000 Legal, Administration $13,000 Estimated Total Cost $674,400 Revenues Water Utility $78,650 Sanitary Sewer Utility $128,700 Storm Drainage Utility $(27,400) Regular MSA $365,500 Local State Aid $(27,400) Special Assessments - Drainage $38,350 - Street $118,000 Estimated Total Revenues $674,400 • Recommended Project Schedule March 10 Public Hearing and City Council orders preparation of plans and specifications May 12 Approve plans and specifications, authorize Ad for Bids June 4 First date of advertisements in Post and Construction Bulletin June 19 Bid opening June 23 City Council awards contract July 8 Start construction September 26 Substantial completion September 8 Special assessment hearing October 17 Final Completion Feasibility Statement The overall health of and condition of the City's infrastructure system (streets, sewers, utilities) is critical to the safety, welfare, and economic health of the entire City. As a result of the infrastructure needs, solutions, and estimated costs described in this report, the proposed project is necessary, cost effective, and feasible. Scott Bfink • City Engineer Reg. No. 17657 France Avenue Improvements - Page 5 73RD AVE. N. 73RD A\C N. • nu 7z3s 8943 72N9 7237 � 77x7 R 72M 7232 x31 ODBINE AVE 7232 7232 7225 7225 nit 7236 7219 72M M 7213 7213 72c7 72ND A 7287 72ND A 7201 '� 7201 ' 72ND AVE N, 7142 72ND AVE 7142 7143 7143 i i 7137 MO AVE 7137 1 AVE ' 7131 7130 7131 7130 > 7123 7124 7123 7124 I < < I 7119 7118 7119 7118 7113 7112 713 7112 W 7107 _ 7100 W 7107 7100 I ¢ 7101 7100 I 7181 7100 71ST AVE. N. 704a Z 71ST AVE. 7048 z 7042 g 7042 7037 7036 < 7037 7036 < 7031 7030 7031 AM U U 7025. 7024 70M 7024 W W 7019 7018 7019 7018 i 7013 7012 7013 7012 • I I 7007 7008 7007 7006 f 7001 7000 7001 7000 i 8943 6942 9943 6942 8938 San 6937 6937 6030 6930 8931 6931 El l a 692 son 6924 solo URBAN atlo AN I e 893 auto M3 ano 6907 6107 69TH AVE N 69TH AVE N f FIGURE 1 FKA RE 2 OVERVIEW .-� r. STREET IUPROVEiVENT ❑ ASSESSABLE AREA FIGURE 1 FIGURE 2 73RD AVE. N. 73RD AVE. N. 7234 nu 7234 73RD AVE. N7' nu 7234 23 77 1 7743 r 723+ WOODBINE AVE 7237 ; WOODBINE AVE 7237 7732 7231 1 WOODBINE AVE 7723 7232 nm _ 7'223 ; 7232 7219 7219 7230 7223 7213 ,� 2 7219 7230 7 7= 72ND A 7273 n 72ND A 7213 ° n n 72ND A 7207 n 7201 R 7201 R 7w • . .. i - 7142 R 72ND AVE N. 71 7zw 7 42 2ND AVE N. Z nu 7143 72ND AVE. N. 7742 7137 VIOLET AVE R 7143 Z 7137 VIOLET AVE R 7131 Tao 71>t 7130 'I Z TS7 71x 7131 0l.ET AVE 7123 7124 > 7124 723 fi 7119 7119 < 719 7116 7123 T 7113 7112 1 7112 7119 7113 i 713 1 Tt2 W 7107 7106 H 1 7106 7113 7107 1 Tim 7100 Z a 710'1 , 700 W 7107 7106 71ST AVE. N. 7048 71ST AVE. N. 7046 Z 0 7101 7100 Z 7042 71ST AVE. N. 764s ; M70M 7042 7036 03 g- 7042 7037 76 n 7471 7037 7039 7024 7030 Z 7031 7fv0 W 7023 7024 U Z 7778 W 7023 7024 7019 7018 w 7012 7019 7778 7013 7012 7006 7773 7772 7007 7006 7000 _ 7077 7000 7007 7006 I 9943 6942 8842 7001 7000 ` f 4943 4942 4937 604104 -934 4 943 8930 ,': am 6936 $yam 69 6930 8937 69 ` 31 30 , 1 am 8924 9924 6931 1 era sole URBAN soli e924 6ol9 URBAN URBAN sets 1 9213 4910 Simi Gina 773 6770 5907 4 ' 4907 � 8907 � 69TH AVE N 69TH AVE N (� 69TH AVE N I FIGURE 3 FICtJRE 4 _ FKAJRE 5 WATERMAN SANITARY SEWER STORM SEWER -- 12 LNKAGE "• ■ PROPOSED REPLACEMENT __ -- EASTNG WITH BROOKLYN PARK PROPOSED RELNVC *GG- PROPOSED • FIGURE 3 FIGURE 4 FIGURE 5 • October 15, 1996 Dear Property Owner /Resident: Brooklyn Center will soon be in the fourth year of its twenty year program to improve streets, utilities and storm drainage throughout the City. At this time, the City is performing preliminary engineering survey work to determine the feasibility of reconstructing France Avenue between 69th Avenue North and 73rd Avenue North in 1997. Development of a preliminary feasibility study does not mean that an improvement project has been approved, or necessarily will be approved. The study is intended to look into street and utility needs in more detail, make better cost estimates, and review the possibility of improvements with residents. All of this information is then brought back to the Council, which will then decide if an improvement project is warranted. If the Council takes that next step, by law no final decision may be made without a formal public hearing on the matter. This letter is to inform you that 1) an improvement project is being considered for France Avenue in 1997; 2) you may notice City survey crews and private sewer televising crews working in your neighborhood to gather information about existing street grades and conditions of utilities; and 3) when we complete this initial gathering of data there will be a • public informational meeting, probably in late November or December. All property owners in the proposed project area (see the attached map) will receive a letter seven to ten days before the meeting is scheduled. Why Your Street? France Avenue is designated as a Municipal State Aid collector street. That is, the street is identified as a street that serves a relatively larger user area and carries more traffic than the typical residential street. Municipal State Aid means that state gasoline tax monies are available to assist in financing any reconstruction or improvement of the roadway. There are several reasons why we are looking at France Avenue for 1997. First, the overall condition of the street pavement surface is aging and showing signs of severe deterioration. The street was constructed approximately 40 years ago, and is nearing the end of its useful life. This street comes up in our Pavement Management Program (PMP) as needing to be reconstructed rather than sealcoated. The PMP is a computer program which analyzes surface and subsurface information about streets and predicts how much longer the pavement will last. Second, the street and surrounding area is very flat with very poor drainage and very little storm sewer. Standing water after heavy rainfall events has contributed to the deterioration of • the roadway surface. Third, the water main on France Avenue is in need of at least some rehabilitation and • replacement. As part of the preliminary engineering study, we hope to get a better grasp on the extent and specific nature of these needs. In addition, the need for an emergency water supply connection with the City of Brooklyn Park at 73rd Avenue has been identified for several years. Fourth, inspection records also show some significant portions of sanitary sewer that are either deteriorating or experiencing large infiltrations of ground- water. Again, the preliminary engineering stud will allow us to better determine exactly how much of Y y the sewer is really deficient and in need of replacement. The result is that we are preliminarily looking at reconstructing France Avenue, adding storm sewer where necessary, and repairing water and sanitary sewer mains where necessary. Financing If an improvement project is approved for your area, it would be funded in part by special assessments and state aid gas tax monies. The City's current policy is that about 40 percent of the cost of street improvements is assessed to the property owners, and sixty percent is paid for with general city funds. In the Orchard East Neighborhood area that was improved this past summer, the cost per property was $1,850. This was a per lot assessment, and was NOT based on a per foot charge. We would expect that assessments which might accompany P g P Y a • project for France Avenue would be comparable and p slightly greater than that, probably by a few hundred dollars. Where substantial new drainage improvements occur, the City's policy is to assess benefitting property owners about 40 percent of the cost. In the Orchard East Neighborhood, the cost per property was $625. More detailed information regarding the results of the preliminary engineering and project financing studies, including special assessments, will be discussed at the informational meeting later this year. We also will be sending out a packet of information in case you are unable to attend the meeting. In order to provide an accurate and comprehensive assessment of the street and neighborhood needs, your input and suggestions are valuable and needed. We have therefore included a survey that should only take a few minutes to fill out and send back to us. We request that the survey be returned by November 1, 1996. Your input is appreciated. In the meantime, if you have any questions or comments, please don't hesitate to call us in the Engineering Division at 569 -3340. Aside from improving infrastructure, we're always looking for good ideas to improve the general appearance of our neighborhoods and parks, and would welcome your suggestions. • Sincerely, • Scott Brink, P. E. City Engineer cc: Mayor Myrna Kragness Council Members City Manager • • November 20, 1996 Dear Resident: You are invited to an informational meeting regarding proposed neighborhood improvements: Tuesday December 3, 1996 6:30 p.m. Palmer Lake Elementary School Cafeteria 7300 Palmer Lake Drive Several weeks ago you received a letter saying that France Avenue was being considered for street and utility improvements in 1997. We have completed a preliminary review of conditions in your neighborhood, and we will describe our findings in more detail and our recommendations at this December 3 meeting. When considering a street and utility improvement project, we go through a process of informational meetings with the neighborhood. After we develop a preliminary design, the City Council holds a formal public hearing at a Council meeting to take public comment and decide if the project should be done. We are still early in the process. One more informational meeting will likely be held before the City Council will decide if it will hold a public hearing to consider the project. Background • As you are aware, Brooklyn Center is a mature, developed city which is entering a phase of redevelopment and renewal. The need to stabilize the condition and value of our neighborhoods is a challenge we all face over the next several years. One of the first challenges is dealing with our aging streets and utilities. More than two thirds of the residential neighborhoods in our community w ' g ty ere developed m the 1950 s, and the streets are now around 40 years old. The expected life of pavement is 20 years. Through an extensive (and expensive) maintenance program we have extended the life of our streets, but we now need to consider replacing them. Three years ago the City began a program of neighborhood renewal. Neighborhood by neighborhood we are working our way through the entire city rebuilding or rehabilitating our infrastructure. We are also working to coordinate public works improvements with other programs such as increased code enforcement, and new programs such as landscaping and remodeling workshops. These improvements do include using special assessments to pay for a portion of the project cost. This cost will only get more expensive if we wait to address these needs. It is our hope that by investing in public improvements (streets, utilities, parks, street lighting), private improvements (landscaping, remodeling, driveway replacements), and "social" improvements (eliminating problem properties, resolving traffic complaints), we can renew a sense of community and neighborhood pride. Proposed Improvements - Why France Avenue? There are several reasons why we are looking at France Avenue for 1997. First, the overall condition of the street pavement surface is aging and showing signs of severe deterioration. The street was constructed approximately 40 years ago, and is nearing the end of its useful life. This street comes up in our Pavement • Management Program (PMP) as needing to be reconstructed rather than sealcoated. The PMP is a computer program which analyzes surface and subsurface information about streets and predicts how much longer the pavement will last. Second, the street and surrounding area are very flat with very poor drainage and very little storm sewer. Standing water after heavy rainfall events has contributed to the deterioration of the roadway • surface. Third, portions of the water main are being studied to see if they need to be replaced, due to age and deterioration. If the project should move forward, we would also plan to construct an emergency water supply connection with the City of Brooklyn Park at 73rd Avenue. As you may be aware, the City of Brooklyn Center receives its entire water supply from a well -field in the northeast part of the City. The City presently does not have any standby or emergency water source in the event of a power outage at the well - field. An emergency connect with Brooklyn Park has been identified for several years. Fourth, inspection records also show some significant portions of sanitary sewer that are either deteriorating or experiencing large infiltrations of ground- water. We will be providing a more detailed map at the meeting showing specific sanitary sewer replacement needs. France Avenue is designated as a Municipal State Aid collector street. That is, the street is identified as a street that serves a relatively larger user area and carries more traffic than the typical residential street. Municipal State Aid means that state gasoline tax monies are available to assist in financing any reconstruction or improvement of the roadway. Financing If an improvement project is approved for France Avenue, it would be funded in part by special assessments and state aid gas tax monies. The City's current policy is that about 40 percent of the cost of street improvements is assessed to the property owners, and 60 percent is paid for with general city funds. For streets improved this past year, the cost per property was $1,850. This was a per lot assessment, and was NOT based on a per foot charge. We would expect that assessments which might accompany a project for France Avenue would be comparable and slightly greater than that, probably by a few hundred dollars. Where substantial new drainage improvements occur, the City's policy is to assess benefitting property owners about 40 percent of the cost. For improvement projects constructed in 1996, the cost per property was $625. More detailed information regarding the results of the preliminary engineering and project financing, including special assessments, will be discussed at the December 3 meeting. Informational Meeting At the meeting on December 3, we will review this information in general, and discuss what kinds of improvements we think are needed. Thank you for your responses to the survey that was previously mailed. This has helped us better understand not only the physical problems, but the other types of improvements you would like to see in your neighborhood. If you have not returned the survey, please bring it with you to the meeting, or mail it to us if you cannot attend. If you have any questions or comments, please feel free to call us in the Engineering Division at 569 -3340. 1 hope to see you on December 3 at the Palmer Lake School cafeteria, at 6:30 p.m. Sincerely, • Diane Spector DIRECTOR OF PUBLIC SERVICES cc: Mayor Kragness and City Council Members • December 23, 1996 Dear France Avenue Property Owner: You are invited to attend a second informational meeting regarding proposed street and utility improvements: January 16, 1997 6:30 p.m. Palmer Lake Elementary School Cafeteria 7300 Palmer Lake Drive On December 3, 1996, the City conducted an informational meeting for property owners on France Avenue regarding a proposed improvement project. We would like to thank those of you who were able to attend. Because many of you were unable to attend the first meeting, we have scheduled a second informational meeting. This meeting will essentially provide much of the same information presented at the first meeting. However, as a result of comments and concerns expressed at the initial meeting, we will also be discussing certain roadway design issues in more detail as described below. • At the meeting, there was considerable discussion and concern expressed regarding traffic, parking, and street width issues. Another purpose of this letter is to provide some additional information, to suggest some options, and get your opinions on them. These issues relate to how your street would look and function after the improvement. Please take a few minutes to read this letter and fill out the attached survey. If the City Council chooses to proceed with this project, your responses will have a significant impact on how the roadway will be designed and constructed. Please complete the attached survey and return to the City of Brooklyn Center Engineering Division by January 10, 1997. Following is a brief assessment of these issues. Roadway Width The present street width ranges between 34 and 35 feet. Parking is presently allowed on both sides of the roadway. If the project is approved, we intend to utilize Minnesota Department of Transportation State Aid Funds to assist in the funding for this project. In order to use this money, the street must be designed and constructed to specific standards established by the State. One of these standards regards the width of the street. France Avenue is classified as a 2 -lane collector street under the City's Comprehensive Plan. The required State width standards for a 2 -lane collector street are as follows: • Page 2 • With parking on both sides of the street - required minimum width: 38 feet. • With parking allowed only on one side of the street - required minimum width: 32 feet. In addition to the State imposed standards, it is often desirable to construct a roadway with additional width that allows an additional margin of safety for bicycle traffic, buses, and snow storage. In other words, if the neighborhood wishes to continue to have parking allowed on bother sides of the street, the roadway must be widened slightly. If the neighborhood can get by with parking allowed on only one side of the street, the roadway can stay the width it is presently, or even be narrowed by a few feet. At this time, we have not proposed or recommended a specific width for the roadway. Typically, we try to design the roadway in a manner that provides for efficient and safe usage for the traveling public, as well as accommodates the needs and concerns of the neighboring properties. Because the roadway s often looked at different) b the users and b those Y y y y that reside by the road, coming up with a design which satisfies everyone can be a difficult task. The attached survey provides you with the opportunity to express your opinion on the desired width of the street and need for parking. Your response is very important. In previous situations similar to this, the City Council's decision has often been "the majority rules." This is oy ur opportunity to have a say in the width of the roadway. • Traffic Issues A number of residents have expressed concern regarding the volume and speed of traffic on France Avenue. We hope (if weather permits) to have updated speed surveys by the time of the meeting. Other Issues Information explaining the general background and purpose for this proposed project were described in an earlier letter sent to you in November of this year. If you would like another copy of this letter, or need additional information, please contact the Engineering Division at 569 -3340. We hope to see you on January 16 at the Palmer Lake School cafeteria, at 6:30 p.m. Sincerely, Diane Spector DIRECTOR OF PUBLIC SERVICES • cc: Mayor Kragness and City Council Members Michael McCauley, City Manager • January 17, 1997 Dear France Avenue Property Owner: P Y Asaresult of the state -wide closure of all ublic schools hook on January 16 the France Avenue p ry e Project meeting scheduled for that evening at Palmer Lake School was postponed. The meeting has been rescheduled to the following time and location: January 23, 1997 6:30 p.m. Council Chambers - City of Brooklyn Center City Hall 6301 Shingle Creek Parkway Again, this meeting is an informational meeting that will essentially provide much of the same information resented at the first meeting o P n December 3 1996. We will also be discussing ertain g , g roadway design issues in more detail including d Y g determination of an appropriate g PP riate street width. We also P intend to provide results from the surveys that were previously sent to you. If you haven't filled out or • returned the survey, please feel free to bring it to the meeting. More information explaining the general background and purpose for this proposed project were sent to you in previous letters. If you would like copies of previous correspondence, or need additional information, please contact the Engineering Division at 569 -3340. We hope to see you on January 23 at the City Hall Council Chambers, at 6:30 p.m. Sincerely, Scott Brink, P. E. City Engineer cc: Mayor Kragness and City Council Members Michael McCauley, City Manager SURVEY This survey will help us better understand needs in your neighborhood. Please return this survey by November 1, 1996. You may also call us at 569 -3340 to talk about these issues. Thank you for your cooperation. Scott Brink, City Engineer 1. Our sewer televising indicates that a number of sanitary sewer services may have moderate to severe root infiltration. Have you experienced any problems with sanitary sewer service, such as having the service cleaned out to the street? How often? Do you have boulevard trees near your service? • 2. Our evaluation of the storm drainage system is that it is inadequate or undersized Do you have a problem with drainage or flooding? In the street, your yard, your basement? 3. Have you had any problems or complaints with your domestic water service, or problems with water quality? Any additional comments or concerns? • 4. What other concerns do you have? Are there traffic problems? Specific code enforcement needs? Street lighting? What kinds of ideas do you have for neighborhood beautification? Are you interested in workshops on topics such as landscaping, ideas for home remodeling, etc.? Do you need blockwatch group information? • Should you have questions or need more information, please contact the engineering department at 569 -3340. Your name: Address: Please return by November 1, 1996 to: Engineering Department • City of Brooklyn Center 6301 Shingle Creek P � kwY Brooklyn Center, MN 55430 Telephone: 569 -3340 - Fax: 569 -3494 AnnarsS Sanitary Trees Storm Water Other concerns None given No No Connection broke out by Traffic - enforce speed limit. More street 15 yrs ago. Had it street lighting. MCTO should be repaired responsible for some upkeep. None given Every 2 or 3 years No No No 3812 Violet Ave Once in 19 years No Treat their drinking water No 3813 72nd Ave No No Water is usually hard No 6925 France No No Foul smell once in awhile Traffic, especially from north and early a.m.), creates problem backing out of their driveway. Want holes fixed by driveway. 6931 France Every year 1 No No Street needs repair. Curbs would beautify France. 6936 France Only a few times No Complained that end of cement since tree was drive was replaced with black top removed when storm sewer was extended from south 68th to east along south side of driveway. 6937 France Drain runs slowly Yes Flooding at storm No Speeding on 69th & France. Don't sewer drain area make it a throughway to Brooklyn Park 6943 France Every 3 years 1 No No Traffic exceeds speed limit. Request street lighting. Request block watch info. 7007 France Once a year 1 No Orange colored sometimes Heavy traffic, exceeding speed limit. and lime deposits in toilets. Want stop signs to slow traffic. 7012 France Twice in 15 yrs. No Pressure seems low Heavy traffic, 9 out of 10 cars speed. Stop sign on 71 st ?? Want curbs, double apron & City to cooperate in resurfacing entire driveway (asphalt) I 7018 France Every two yrs. No Basement leaks after Being taxed for water. Have complained about speeding heavy rainfall. traffic. No results. 7019 France When serviced, 1 No No Speeding traffic. How about speed they ere told there bumps or 3 -way stop at 71 st, or no was a "dip" in the pass double line? line. 7024 France No No No Traffic problem.. Stop sign at 71 st would help. 7048 France Once in 37 years. No No Concerned about volume and speed of traffic. Want presence of squad cars. 7100 France Twice Yes Low pools that don't Replaced connection from Curbs would add a lot to make street drain N or S street 28 yrs ago. look neat. 7107 France 1' /z yrs ago- ` / a" 1 No Rusty from time to time. Speeding traffic. Need for a stop roots sign. 7113 France No, in spite of 2 2 No No Heavy traffic, many large semi trees -roots must trucks. not be too deep i 7125 France No 1 No No Traffic is bad early morning, late afternoon. 7130 France No No Hot water usually cloudy Speeding traffic. How about stop unless run for awhile sign at France & Violet? 7201 France Once since `93 Trees Huge puddle on 72nd Rust stains, buy bottled water. Please consider street light on 72nd & France following & France. See survey for other rain, snow melt. comments. 7213 France No Basement is wet No Heavy traffic with speeding. during heavy rains. Difficult getting out of driveway. More speed signs, slow down traffic, maybe stop signs. Plant trees on blvd at N end of France. 7225 France No No No None I i SURVEY #2 • Many of you have already returned a survey regarding France Avenue improvements between 69th Avenue North and 73rd Avenue North. As a result of comments and concerned raised at the December 3, 1996 informational meeting, additional input from France Avenue property owners is desired, particularly regarding a proposed width for the roadway. Please return this survey by January 10, 1997. Many of the same questions that were asked on the earlier survey are again listed for those of you that were unable to return that survey. Please feel free to mention any other comments or suggestions that you may have. Your input is valuable and appreciated. Thank you for your cooperation. Scott Brink, City Engineer 1. At the public informational meeting held at Palmer Lake School on December 3, 1996, there was considerable discussion and concern expressed regarding traffic, parking, and street width issues. A number of residents present at the public meeting expressed feelings regarding a proposed width for the roadway. The City is interested in knowing which option you prefer: Reconstruct the roadway to its present width of 35 feet. This means that one side of France Avenue from 69th to 73rd would be posted "No Parking, " and some width will be available for bicycle traffic, snow storage, etc. Regular parking restrictions, such as no overnight parking, would still apply. Narrow the roadway from 35 feet to 32 feet. Parking would be prohibited on one side of the street, but allowed on the other. Regular parking restrictions, such as no overnight parking, would still apply. Widen the roadway to 38 feet wide and allow parking on both sides. This would also allow an additional margin of safety for buses, snow removal and bicycle traffic. Parking should be allowed on the (check one) east side, west side or both sides of the street. An y additional comments: 2. Our sewer televising indicates that a number of sanitary sewer services may have moderate to severe root infiltration. Have you experienced any problems with sanitary sewer service, such as having the service cleaned out to the street? How often? Do you have boulevard trees near your service? 3. Our evaluation of the storm drainage system is that it is inadequate or undersized. Do you have a problem with drainage or flooding? In the street, your yard, your basement? Have you had any problems or complaints with your domestic water service, or problems with water quality? Any additional comments or concerns? 4. What other concerns do ou have? Are there traff p roblems? Specific code i Y .ff' P P .� enforcement needs? Street lighting? What kinds of ideas do you have for neighborhood beautification? Are ou interested in workshops on topics such a landscaping, ideas Y p p s fo r home remodeling, etc.? Do you need blockwatch rou information? g P in f • Should you have questions or need more information, please contact the engineering department at 569 -3340. Your name: Address: Please return by January 10, 1997 to: Engineering Division . City of Brooklyn Center 6301 Shingle Creek Pkwy Brooklyn Center, MN 55430 Telephone: 569 -3340 - Fax: 569 -3494 District R. J. REHIVALDT, PH.D. Interim Superintendent • OSSEO AREA SCHOOLS Phone: (612) 391 -7003 FAX: (612) 391 -7070 January 1 ary , 1997 Curt Bogany, City Manager Jon Elam, City Administrator City of Brooklyn Park City of Maple Grove 5200 - 85th Ave No. P. O. Box 1180 Brooklyn Park MN 55443 Maple Grove MN 55311 r/ Michael McCauley, City Manager Dave Callister, City Administrator City of Brookiyn Center City of Osseo 6301 Shingle Creek Parkway 415 Central Avenue Brooklyn Center MN 55430 Osseo MN 55369 At the November e 5 meeting f the g School Board, in remarks after a P resentation Grace Arbogast, ' . g ast, mayor of Brooklyn Park indicated a desire that cities and school districts meet periodically to review mutual problems and ensure good communication. It was indicated that the Robbinsdale School District had initiated. this procedure and had found it beneficial. • M colleague, My o eague, Tom Bollin, at Robbinsdale, verified the value to the school district. I have also reviewed the idea with the incoming superintendent, Dr. Chris Richardson, who will assume the superintendency nntendenc of our Osseo School Distric n P o st ct o Aril 1. He Y p expressed p his support for the concept. The purpose of this letter is to verify interest in these meetings. Please review the attached survey with staff and elected officials and return to my office. Sincerely, J. Rehwaldt, Ph.D. Interim Superintendent RJR/HN attachment O NDEPENDENT SCHOOL DISTRICT 279 Educational Service Center 11200 93rd Avenue North Maple Grove, MN 55369 -6605 SURVEY • Name Position/Role in City City 1. Does your municipality favor a monthly meeting of city and Osseo School District officials? Yes No 2. Please check the days and times your representative(s) would be available for such meetings: Time Monday Tuesday Wednesday Thursday Friday 8:00 a.m. 11:30 a.m. • 3:00 p.m. 3. Indicate date and time of regular commitments that need to be avoided. 4. Who do you anticipate would represent your municipality at these meetings? 5. Do you have an agenda item for the first meeting? • Please return to R. J. Rehwaldt, Interim Superintendent, Osseo Area Schools, 11200 - 93rd Avenue North, Maple Grove MN 55369