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Home My WebLink About1997 03-10 CCP Regular Session • CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER March 10, 1997 Public COPY 7 p.m. 1. Call to Order 2. Roll Call 3. Invocation 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. February 10, 1997 - Regular Session b. Resolution Accepting Bid and Awarding a Contract, Improvement Project No. 1997 - 08, Contract 1997 -D, Reforestation of 1996 Street Improvement Areas C. Resolution Approving Plans and Specifications and Directing Advertisement for Bids, Improvement Project No. 1995 -05, Contract 1997 -G, 69th Avenue, Shingle Creek Parkway to Dupont Avenue Landscaping d. Resolution Approving Plans and Specifications and Directing Advertisement for Bids, Improvement Project Nos. 1997 -01, 02, and 03, Contract 1997 -E, Orchard Lane West Street, Storm Drainage, and Utility Improvements e. Licenses 6. Open Forum • CITY COUNCIL AGENDA -2- March 10, 1997 • 7. Public Hearing a. An Ordinance Amending Chapters 35, 19, and 7 of the City Ordinances Relating to the Public Health, Safety, Morals, and General Welfare: Adult Establishments -This item was first read on February 10, 1997, published in the official newspaper on February 19, 1997, and is offered this evening for a second reading and public hearing. -Requested Council Action: -Open the public hearing. -Take public input. - Close the public hearing. - Motion to adopt ordinance. b. Public Hearing Regarding Proposed Improvement Project Nos. 1997 -04, 05, and 06, France Avenue, 69th Avenue to North City Limits Street, Storm Drainage, and Utility Improvements 1. Resolution Ordering Improvements and Authorizing Preparation of Plans and Specifications, Improvement Project Nos. 1997 -04, 05, and 06, France Avenue, 69th Avenue to North City Limits Street, Storm Drainage, and Utility Improvements • -Requested Council Action: -Open the public hearing. -Take public input. -Close the public hearing. - Motion to adopt resolution. C. Public Hearing on Proposed Use of Funds for 1997 Community Development Block Grant (CDBG) Program 1. Resolution Approving Projected Use of Funds for 1997 Urban Hennepin County Community Development Block Grant Program and Authorizing Signature of Subrecipient Agreement with Hennepin County and Any Third Party Agreements -Requested Council Action: -Open the public hearing. -Take public input. -Close the public hearing. - Motion to adopt resolution. 8. Council Consideration Items a. Heritage Festival Request • -Requested Council Action: - Council discuss. • CITY COUNCIL AGENDA -3- March 10, 1997 b. Liquor License Refund Request - Requested Council Action: - Council discuss. C. Set Date and Time for Council Work Session - Requested Council Action: - Motion to schedule Council Work Session. d. Resolution Requesting Representation from League of Minnesota Cities Insurance Trust for Appeal - Requested Council Action: - Motion to adopt resolution. e. Resolution Amending the 1996 and 1997 General Fund Budgets to Carry Forward an Appropriation of $44,718 for the Comprehensive Plan Update in the Community Development Department - Requested Council Action: - Motion to adopt resolution. f. Resolution Closing the Tax Increment Bonds of 1985 Debt Service Fund and • Transferring Its Remaining Assets to the Refunding Tax Increment Bonds of 1992 Debt Service Fund - Requested Council Action: - Motion to adopt resolution. g. Resolution Authorizing the City Manager to Write -Off Uncollectible Checks - Requested Council Action: - Motion to adopt resolution. h. Resolution Authorizing the City Manager to Write -Off Uncollectible Accounts Receivable - Requested Council Action: - Motion to adopt resolution. i. Resolution Calling for a Public Hearing by the City on Modifications of the Tax Increment Financing Plan for Tax Increment Financing District No. 3 Requested Council Action: - Motion to adopt resolution. j. Resolution Amending the Joint Powers Agreement - Fire Training Association to Allow Any Member to Act as Agent for Construction at the Fridley Training Site • - Requested Council Action: - Motion to adopt resolution. • CITY COUNCIL AGENDA -4- March 10, 1997 k. Resolution Closing the Diseased Tree Removal Fund and Transferring Its Remaining Assets to the Special Assessment Construction Fund - Requested Council Action: - Motion to adopt resolution. 9. Adjournment • • City of Brooklyn Center A great place to start. A great place to stay. MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk DATE: March 10, 1997 SUBJECT: Heritage Festival Mayor Kragness called on Friday and asked that the attached copies of past City Council resolutions and minutes regarding the Heritage Festival be available at tonight's meeting. Attachments 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION NO. 92 -204 RESOLUTION DECLARING HERITAGE FESTIVAL AS A CIVIC EVENT FROM OCTOBER 19 THROUGH OCTOBER 24 1992 WHEREAS, the purpose of the Heritage Festival is to encourage a climate within our communities that is sensitive and welcoming to a changing and diversified population, and to offer an opportunity whereby all residents can experience a sense of belonging and ownership within their community, and to celebrate the myriad of activities already happening that promote cooperation between various cultures; and WHEREAS, residents, the city community civic groups, and businesses participate in the annual civic event to celebrate the diversity of the City of Brooklyn Center; and WHEREAS in order for the Heritage Festival to schedule events requiring certain even City-issued 's Qu g Cit y i sued administrative land use permits, it is P necessary for the Heritage i ge Festival to be declared a civic event. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Heritage Festival is declared a civic event from October 19, through October 24, 1992. August 24, 1992 Date Todd Pau son, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott and upon vote being taken thereon, the following voted in favor thereof: Todd Paulson, Celia Scott, Jerry Pedlar, Dave Rosene, and Philip Cohen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION NO. 93 -166 RESOLUTION DECLARING HERITAGE FESTIVAL AS A CIVIC EVENT FROM NOVEMBER 8 THROUGH 13 1993 WHEREAS, the purpose of the Heritage Festival is to encourage a climate within our communities that is sensitive and welcoming to a changing and diversified population, and to offer an opportunity whereby all residents can experience a sense of belonging and ownership within their community, and to celebrate the myriad of activities already happening that promote cooperation between various cultures; and WHEREAS, residents, the city community civic groups, and businesses participate in the annual civic event to celebrate the diversity of the City of Brooklyn Center; and , WHEREAS, in order for the Heritage Festival to schedule certain events requiring City- issued administrative land use permits, it is necessary for the Heritage Festival to be declared a civic event. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Heritage Festival is declared a civic event from November 8 through 13, 1993. October 12, 1993 Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of p the foregoing resolution was duly g g Y seconded by member Kristen Mann and upon vote being taken thereon, the following voted in favor thereof: Todd Paulson, Celia Scott, and Kristen Mann; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION NO. 94 -202 RESOLUTION DECLARING HERITAGE FESTIVAL AS A CIVIC EVENT FROM NOVEMBER 7 THROUGH 12, 1994 WHEREAS, the purpose of the Heritage Festival is to encourage a climate within our communities that is sensitive and welcoming to a changing and diversified population, and to offer an opportunity whereby all residents can experience a sense of belonging and ownership within their community, and to celebrate the myriad of activities already happening that promote cooperation between various cultures; and WHEREAS, residents, the city community civic groups, and businesses participate in the annual civic event to celebrate the diversity of the City of Brooklyn Center; and WHEREAS, in order for the Heritage Festival to schedule certain events requiring City - issued administrative land use permits, it is necessary for the Heritage Festival to be declared a civic event. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Heritage Festival is declared a civic event from November 7 through 12, 1994. September 26, 1994 Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene and upon vote being taken thereon, the following voted in favor thereof: Todd Paulson, Celia Scott, Dave Rosene, and Kristen Mann; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. CITY COUNCIL COMMUNITY SPIRIT NIGHT The City Manager pointed out a memo from the Assistant City Manager. The memo suggested three meeting dates and also recommended Community Spirit Night be tied to some community activity. The Council and Staff would dress informally and show support for the activity. He listed the three dates and the activities which they could enhance: first meeting in April - Volunteer Recognition Week; first meeting in June Earle Brown Days; second meeting in October - Heritage Festival. Mayor Paulson asked whether the next Council meeting, October 24, would be a suitable date. The City Manager said it would. There was a motion by Councilmember Kalligher and seconded by Councilmember Scott to hold a Community Spirit Night at the October 24, 1994, meeting in conjunction with Heritage Festival. The motion passed unanimously. MISSION STATEMENT The City Manager said an attempt is being made to locate written materials reflecting the work previously done on this issue. He asked the councilmembers to supply any written information they have in their possession. He said the files containing modifications to the statement are missing. Councilmember Kalligher expressed concern that a mission statement should be left up to the new council after the election. Mayor Paulson stated it was his wish to finish the work begun a year and a half ago by this council. The City Manager said he would be forwarding materials this week. ADJOURNMENT There was a motion by Councilmember Kalligher and seconded by Councilmember Mann to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 8:09 p.m. Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Barb Collman TimeSaver Off Site Secretarial 10/11/94 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION NO. 94 -248 RESOLUTION ACKNOWLEDGING THE 1994 HERITAGE FESTIVAL AS AN EDUCATIONAL COMMUNITY CELEBRATION WHEREAS the Heritage Festival was celebrated on Saturday, 12 > g Y 1994, at Park Center High School; and WHEREAS, this year was the third year of the Heritage Festival in which people experienced and celebrated the racial and ethnic diversity found throughout the Twin Cities area; and WHEREAS, the Heritage Festival educated the community and promoted cooperation between cultures; and WHEREAS, the Brooklyn Center Human Rights and Resources Commission P P g Y participated in the Heritage Festival and exhibited its work in the communit • and WHEREAS, it is highly appropriate that this civic event and community celebration be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the 1994 Heritage Festival is recognized and appreciated by the City of Brooklyn Center. November 28, 1994 Date Todd Paulson, Mayor ATTEST: JM4A Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott and upon vote being taken thereon, the following voted in favor thereof: Todd Paulson, Dave Rosene, Celia Scott, and Kristen Mann; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. DRAFT • MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION FEBRUARY 10, 1997 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Myrna Kragness at 7:00 p.m. ROLL CALL 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. (INVOCATION . Invocation was given by Pastor Judy Fornara, Spiritual Life Ministries. COUNCIL REPORTS Mayor Kragness noted the Award of Merit plaque had been received for the New Resident Packet. This award was given to Brooklyn Center for exceptional publication achievement in the 1996 City Hall Public Information Awards Competition. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Hilstrom requested that item 7.g. Pawn Shop Discussion be added to the agenda. A motion by Councilmember Carmody and seconded by Councilmember Peppe to approve the agenda and consent agenda as printed with the addition of item 7.g. Pawn Shop Discussion passed unanimously. APPROVAL OF MINUTES A motion by Councilmember Carmody and seconded by Councilmember Peppe to approve minutes of the January 13, 1997 - Regular Session as printed passed unanimously. • 2/10/97 -1- DRAFT RESOLUTION NO. 97-28 • Member Carmody introduced the following resolution and moved its adoption: RESOLUTION SETTING SPECIAL ASSESSMENT AND INTERNAL LOAN INTEREST RATES FOR THE YEAR 1997 The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. APPROVAL OF LEAGUE OF MINNESOTA CITIES INSURANCE TRUST TO PROVIDE LONG TERM DISABILITY INSURANCE FOR THE CAFETERIA BENEFIT PLAN A motion was made by Councilmember Carmody to approve the League of MN Cities Insurance Trust as a provider of long term disability insurance for the cafeteria benefit plan. The motion was seconded by Councilmember Peppe and passed unanimously. RESOLUTION NO. 97-29 Member Carmody introduced the following resolution and moved its adoption: 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 The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. RESOLUTION NO. 97-30 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION APPROVING THE AMENDMENT AND RESTATEMENT OF THE CITY OF BROOKLYN CENTER HEALTH CARE AND DEPENDENT DAY CARE EXPENSE REIMBURSEMENT PLAN The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. RESOLUTION NO. 97-31 Member Carmody introduced the following resolution and moved its adoption: 2/10/97 -2- DRAFT RESOLUTION ACCEPTING BID AND AWARDING CONTRACT, IMPROVEMENT PROJECT NO. 1997 -07, CONTRACT 1997 -A, REPLACEMENT OF UNDERGROUND STORAGE TANKS AND FUEL SYSTEM, CENTRAL GARAGE The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. RESOLUTION NO. 97-32 Member Carmody introduced the following resolution and moved its adoption: 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 The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. LICENSES Bowling Alley Lynbrook Bowl 6357 Lilac Drive North Gasoline Service Station MacMillan Bloedel 4810 Lilac Drive North 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 Thennex 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. @ Brooklyn Center Comm. Ctr. 1317 Jefferson Highway South, Champlin Rental Dwellings Initial: Todd McDonald 5906 York Avenue North 2/10/97 -3- DRAFT 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 OPEN FORUM There were no requests for open forum. COUNCIL CONSIDERATION ITEMS REQUEST FROM EARLE BROWN DAYS COMMITTEE City Manager McCauley explained the concept of holding a public open house at the Earle Brown Heritage Center in June. An open house would showcase the facility, offering a general promotional opportunity. The Brooklyn Historical Society has been contacted to provide • assistance and other activities for the event. Also, Mr. McCauley noted an upcoming meeting date of February 18 with the Earle Brown Days Committee to discuss the possibility of incorporating Earle Brown Days activities into a City- sponsored open house at the Heritage Center. Mr. McCauley requested deferral of this item until after the February 18 discussion. A motion by Councilmember Carmody and seconded by Councilmember Lasman to defer this issue to the February 24, 1997, Council meeting passed unanimously. RESOLUTION CALLING FOR A PUBLIC HEARING ON PROPOSED USE OF 1997 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS City Manager McCauley explained that the 1997 Urban Hennepin County Community Development Block Grant (CDBG) entitlement will be approximately $247,856. Federal CDBG dollars flow from the federal government through the Department of Housing and Urban Development to Hennepin County, where funds are allocated to 43 participating cities on a formula basis. The Federal CDBG program requires a public hearing to provide public comment and input on the proposed use of CDBG funds. Additionally, the CDBG program requires the City to list proposed activities it wishes to undertake in the public hearing notice. • 2/10/97 -4- UK AF T . This resolution sets a date of March 10, 1997, for the public hearing. RESOLUTION NO. 97-33 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION CALLING FOR A PUBLIC HEARING ON PROPOSED USE OF 1997 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. 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 • City Manager McCauley explained that this item represents the renewal of NSP's franchise agreement with the City to operate an electric distribution system and transmission lines in Brooklyn Center. This franchise was last reviewed and renewed in 1977. Mr. McCauley noted there was still discussion with NSP regarding whether the term of the franchise agreement should be 10 years or 20 years. Additionally, there was discussion regarding specific language in a particular section. Thus, Mr. McCauley requested that this item be tabled. There was a motion made by Councilmember Carmody to table this matter to a future Council meeting. The motion was seconded by Councilmember Peppe and passed unanimously. AN ORDINANCE AMENDING CHAPTERS 35.19. AND 7 OF THE CITY ORDINANCES RELATING TO THE PUBLIC HEALTH, SAFETY, MORALS AND GENERAL WELFARE: ADULT ESTABLISHMENTS City Manager McCauley explained that this ordinance is an amendment relating to adult establishments which has been reviewed and recommended by the Planning Commission. This ordinance amendment was prepared in response to direction given following a joint Planning Commission/City Council meeting on December 9, 1996. The ordinance amendment would provide for and define adult uses which would be concentrated in the Industrial Park (I -1) zoning district rather than to be dispersed throughout the commercial districts within the City. • 2/10/97 -5- D RAFT City Attorney Charlie LeFevere outlined the ordinance amendment. 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. Mr. LeFevere explained that this ordinance amendment deals primarily with pornography. Since pornography can be regulated but not prohibited, limiting these adult establishments to one zone in the City may be the way to regulate the sale of pornography to the greatest extent possible. Councilmember Hilstrom inquired how to address the issue of alcohol at these adult establishments. Mr. LeFevere will report back on this issue which would probably be addressed in the liquor licensing ode. g • Councilmember Hilstrom inquired about establishing distances between each adult establishment located in this proposed zone. Mr. LeFevere responded that this ordinance is a concentration type ordinance, not a dispersion type ordinance. Distance separations are common to dispersion models and shouldn't be used in a concentration model. The Planning Commission's effort was to limit pornography as much as possible while being constitutionally defensible. Planning and Zoning Specialist Ron Warren reviewed how the Planning Commission arrived at its decision. ess Mayor Kra inquired if applications for an adult establishment had been received. Mr. Y � q any PP Warren said no. Councilmember Carmody asked if any substantive changes could be made to the ordinance amendment at this time. Mr. LeFevere suggested adopting this ordinance and then establishing further amendments for any other possible restrictions at another time. There was a motion made by Councilmember Hilstrom to approve the first reading of the 2/10/97 - • -6 DRAFT . ordinance and set March 10, 1997, for a public hearing and second reading. The motion was seconded by Councilmember Carmody and passed unanimously. There was a motion made by Councilmember Hilstrom to direct staff to look into the issue of possibly establishing distances between adult establishments within this I -1 designated zone and ensuring that the issue of alcohol consumption at these establishments be dealt with. The motion was seconded by Councilmember Carmody and passed unanimously. 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 City Manager McCauley explained that this project essentially proposed to reconstruct the France Avenue roadway with new bituminous surfacing, install curb and gutter, provide upgrades to existing utilities provide a stand-by emergency water connection with Brooklyn Pg g , P Y g Y Park, and improve drainage: Public Services Director Diane Spector explained that the proposed width for the roadway has been discussed extensively with the property owners. Still, there seems to be no clear consensus of whether to widen the roadway, narrow the roadway, or leave the width the same. • Councilmember Hilstrom asked for copies of the returned surveys recently sent by the Engineering Department. Ms. Spector responded that she would also prepare a compilation of the survey results. RESOLUTION NO. 97-34 Member Carmody introduced the following resolution and moved its adoption: 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 The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. DISCUSSION REGARDING MEETING PERIODICALLY WITH OSSEO SCHOOL DISTRICT City Manager McCauley noted recent correspondence from the Osseo school district inquiring 2/10/97 -7- DRAFT about interest in joint city and school district sessions to review mutual problems and ensure • good communication. A survey was included asking if there was interest in the joint effort, how often school and city officials should meet, and when would be convenient. Councilmember Hilstrom stated it was very important that the City and Osseo school district complement each other and avoid duplication of services. She asked if evening meetings would be possible rather than meeting during the day. Councilmember Carmody suggested quarterly meetings rather than monthly. Councilmember Lasman stated that joint efforts of the past should be noted. She suggested meeting with each of the four school districts, not just Osseo school district, on a quarterly basis and reporting as needed in the Council Reports forum. Mayor Kragness also suggested that evening meetings were preferable in order to include working Council members and that Council members might alternate attendance at these joint meetings. Councilmember Lasman offered to serve as Council representative to this joint effort if the 3:00 p.m. time slot was chosen as being best. A motion was made by Councilmember Lasman to have Mr. McCauley respond to this matter • with the Council's desires. The motion was seconded by Councilmember Carmody and passed unanimously. PAWN SHOP DISCUSSION Councilmember Hilstrom stated that several issues relating to pawn shop locations were not addressed in the Zoning Ordinance: how closely they may be located to each other, and their distance from schools and churches. The Council consensus was to request staff to prepare a response to these issues. Mr. LeFevere responded by saying that zoning issues in relation to spatial distances could be addressed. Mr. McCauley stated that the Planning Commission could address these issues, too. ADJOURNMENT A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to adjourn the meeting at 7:40 p.m. passed unanimously. • 2/10/97 -8- DRAFT • City lerk Mayor or y Recorded and transcribed by: LeAnn Larson 2/10/97 -9- MEMORANDUM DATE: March 4, 1997 TO: Michael McCauley, City Manager FROM: Scott Brink, City Enginee SUBJECT: Resolution Accepting Bid and Awarding a Contract, Improvement Project No. 1997 - 08, Contract 1997 -1), Reforestation of 1996 Street Improvement Areas Summary Explanation On November 25, 1996, the City Council by Resolution No. 96 -232, established Improvement Project No. 1997 -08, Reforestation of 1996 Street Improvement Areas, ordered preparation of plans and specifications and authorized an advertisement for bids. BidsTor this improvement were received on March 6, 1997. The followin g bids were received: Midwest Landscapes $29,417.78 North Metro Landscape $29,593.00 Minnesota Valley Landscape $36,755.00 Hoffman & McNamara Co. $43,135.00 Thor Construction $43,849.50 It is therefore recommended that the City Council approve the attached resolution accepting the bids and awarding a contract to Midwest Landscapes of Maple Grove, Mn. for Improvement Project No. 1997 -08. The Engineer's Estimate for this project was $62,700. This estimate was based on the premise that all residents eligible to receive replacement trees, would select the allotted quantity. Member introduced the following resolution and moved its . adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 1997 -08, CONTRACT 1997 -D, REFORESTATION OF 1996 IMPROVEMENT AREAS WHEREAS, pursuant to an advertisement for bids for Improvement Project No. 1997 -08, bids were received, opened, and tabulated by the City Clerk and Engineer, on the 6th day of March, 1997. Said bids were as follows: Midwest Landscapes $29,417.78 North Metro Landscape $29,593.00 Minnesota Valley Landscape $36,755.00 Hoffman & McNamara Co. $43,135.00 Thor Construction $43,849.50 WHEREAS, it appears that Midwest Landscapes is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: • 1. The Mayor and City Manager are hereby authorized and directed to enter into a contract with Midwest Landscapes of Maple Grove, Mn. In the name of the City of Brooklyn Center, for Improvement Project No. 1997 -08 according to the plans and specifications therefor approved by the city Council and on file in the office of the city Clerk. 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 has been signed. 3. All costs for the project shall be accounted for as follows: As Established As Bid Project Area Orchard Logan, James, Total Orchard Logan, James, Total Lane East Knox Avenues 1997 -08 Lane East Knox Avenues 1997 -08 Contract $41,300.00 $13,600.00 $54,900.00 $22,853.03 $6,564.75 $29,417.78 Contingency $4,100.00 $1,300.00 $5,400.00 $2,284.60 $656.40 $2,941.00 (10 %) Subtotal $45,400.00 $14,900.00 $60,300.00 $25,137.63 $7,221.15 $32,358.78 Construction • Eng. Legal, $1,800.00 $600.00 $2,400.00 $1,005.50 $288.85 $1,294.35 Admin. (4 %) Total $47,200.00 $15,500.00 $62,700.00 $26,143.13 $7,510.00 $33,653.13 Estimated Project Cost RESOLUTION NO. • 4. The estimated project funding sources are established as follows: As Established As Bid Improvement No. 1996-01,02 & 03 1996-06,07 & 08 1996 -01, 02 & 03 1996-06,07 & 08 Project Area Orchard Lane Logan, James, Orchard Lane Logan, James, East Knox Avenues East Knox Avenues Special $17,460.00 $890.00 $9,672.96 $262.70 Assessments (37 0 /6) GO Bonds $29,740.00 $1,510.00 $16,470.17 (63%) MSA $13,100.00 $7,247.30 Total $47,200.00 $15,500.00 $26,143.13 $7,510.00 Date Mayor ATTEST: City Clerk ' The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • • MEMORANDUM DATE: March 4, 1997 TO: Michael McCauley, City Manager FROM: Scott Brink, City Engineer SUBJECT: Resolution Approving Plans and Specifications and Directing Advertisement for Bids, Improvement Project No. 1995 -05, Contract 1997 -G, 69th Avenue, Shingle Creek Parkway to Dupont Avenue Landscaping The reconstruction of 69th Avenue from Shingle Creek Parkway to Dupont Avenue North has essentially been completed. The landscaping portion of the project, along with some miscellaneous items of work such as driveway and turf repairs must still be completed this spring. The consulting firm of SEH, Inc. has completed plans and specifications for the landscaping portion of the project. In the original Engineer's Estimate, an amount of $50,000 was designated for landscaping. Because 69th Avenue is designated as a Municipal State Aid Street, an amount equal to 5 per cent of the roadway cost is eligible for State Aid funding for landscaping. • The additional landscaping proposed would primarily replace trees or shrubs that were removed as part of the construction, and to provide additional aesthetic enhancements where opportunities may arise. The landscaping plan was also presented to 69th Avenue residents and property owners at a public open house meeting on March 6, 1997. Comments received from residents either have been or will be considered in final development of the plans as appropriate. Based on the final design, the Engineer's Estimate continues to be about $50,000, with about $46,000 reimbursable from State Aid. In order for the landscaping to be completed successfully, trees, shrubs and materials should be installed in late spring. Timely completion is necessary to ensure that the vegetation is established during the required growing season. It is therefore recommended that the City Council approve the attached resolution approving plans and specifications and authorizing an advertisement for bids for Improvement Project No. 1995 -05, Contract 1997 -G, 69th Avenue, Shingle Creek Parkway to Dupont Avenue Landscaping. Detailed plan sheets will be available for Council review Monday evening. • • adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 1995 -05, CONTRACT 1997 -G, 69TH AVENUE, SHINGLE CREEK PARKWAY TO DUPONT AVENUE LANDSCAPING WHEREAS, the City Council on February 26, 1996 by Resolution No. 96 -46 ordered Improvement Project No. 1995 -05, 69th Avenue North, Shingle Creek Parkway to Dupont Avenue North, Bridge Replacement, Roadway, Storm Drainage, and Water Main Improvements for 69th Avenue North; and WHEREAS, the project is substantially complete, with the exception of tree replacements and landscaping; and WHEREAS, Plans and Specifications have been prepared under the direction of the City Engineer; and WHEREAS, Completion of landscaping improvements in a timely manner is desired and necessary. . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The plans and specifications for said improvement project are hereby approved and ordered filed with the City Clerk. 2. The City Clerk shall prepare and cause to be inserted in the official newspaper and Construction Bulletin an advertisement for bids for the making of such improvement in accordance with the approved plans and specifications. The advertisement shall be published in accordance with Minnesota State Statutes, shall specify the work to be done and shall state the time and location at which bids will be opened by the City Clerk and the City Manager or their designees. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the City Clerk for 5 percent of the amount of such bid. Date Mayor • ATTEST: City Clerk RESOLUTION NO. • 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. • • �C1 • MEMORANDUM DATE: March 4, 1997 TO: Michael McCauley, City Manager FROM: Scott Brink, City Engineer, SUBJECT: Resolution Approving Plans and Specifications and Directing Advertisement for Bids, Improvement Project Nos. 1997 -01, 02 and 03, Contract 1997 -E, Orchard Lane West Street, Storm Drainage, and Utility Improvements On February 24, 1997, the City Council approved Resolution No. 97- 38,'ordering Improvement Project Nos. 1997 -01, 02, and 03, Orchard Lane West Street, Storm Drainage, and Utility Improvements. Plans and specifications for the improvement project have been completed. In order for the project to be completed in a timely fashion during the 1997 construction season, it is recommended that an advertisement for bids now be authorized. This will allow for a contract award and a timely spring construction start. It is therefore recommended that the City Council approve the attached resolution approving plans and • specifications and authorizing an advertisement for bids for Improvement Project Nos. 1997 -01, 02, and 03, Orchard Lane West Street, Storm Drainage, and Utility Improvements, Contract 1997 -E. Detailed plan sheets will be available for Council review Monday evening, or prior to then at any Council member's request. Note: In response to public comment at the public hearing, additional information and instructions have been mailed to residents for those who desire to request more street lighting, or who wish to have their sanitary sewer service replaced. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NOS. 1997 -01, 02 and 03, CONTRACT 1997 -E, ORCHARD LANE WEST STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS WHEREAS, the City Council on February 24, 1997 by Resolution No. 97 -38 ordered Improvement Project Nos. 1997 -01, 02, and 03, Orchard Lane West Area Street, Storm Drainage and Utility Improvements, and authorized the preparation of plans and specifications; and WHEREAS, City staff under the direction of the City Engineer have prepared said plans and specifications. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The plans and specifications for said improvement project are hereby approved and ordered filed with the City Clerk. • 2. The City Clerk shall prepare and cause to be inserted in the official newspaper and Construction Bulletin an advertisement for bids for the making of such improvement in accordance with the approved plans and specifications. The advertisement shall be published in accordance with Minnesota State Statutes, shall specify the work to be done and shall state the time and location at which bids will be opened by the City Clerk and the City Manager or their designees. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the City Clerk for 5 percent of the amount of such bid. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk J 'W DATE: March 5, 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 March 10, 1997: MECHANICAL SYSTEMS Northwestern Service, Inc. 791 Hampden Avenue, St. Paul RENTAL DWELLINGS Initial: Dan Ista 7211 Girard Avenue North Renewal: Valley Investment & Management Humboldt Square Apartments Marcus Corporation 6415 James Circle North Elfreda Ploof 5319 Queen Avenue North Paul Henkel 3012 -3018 51st Avenue North Joe and Madeliene Roche 824 69th Avenue North TAXICAB Town Taxi 7700 57th Avenue North, Crystal Gerald Olson, Cab No. 100 72/ MEMO To: Michael J. McCauley, Manager Y� City g From: Ronald A. Warren, Planning and Zoning Specia st •C Date: March 3, 1997 Subject: An Ordinance Amending Chapters 35, 19 and 7 of the City Ordinances Relating to Adult Establishments. On the City Council's March 10, 1997 agenda is an ordinance amendment relating to adult establishments. This ordinance was first read on February 10, 1997, published in the official newspaper on February 19, 1997 and is scheduled for a second reading and public hearing. This ordinance was prepared in response to direction given following a joint Planning Con mission/City Council meeting on December 9, 1996 and was reviewed and recommended for approval by the Planning Commission on January 29, 1997. The ordinance amendment would provide for and define adult uses which would be concentrated in the Industrial Park (I -1) zoning district rather than to be dispersed throughout the commercial • zoning districts within the city. The recommended ordinance amends three separate chapters under the City Ordinances. Chapter 35, which is the City's Zoning Ordinance, would be amended to establish a new section defining "adult establishments" as well as other terms relating to adult establishments and would limit the location of these establishments to the I -1 zoning district. The proposed ordinance would also amend Chapter 19, which relates to nuisances and petty offenses, by establishing certain regulations relating to a specific category of adult establishments, that being "adult cabarets ". Finally, the ordinance amendment would also amend Chapter 7, which deals with health and sanitation regulations, by adding regulations for commercial premises, buildings and structures that may be conducive to the spread of communicable diseases. Attached for your review is a copy of my February 5, 1997 memo to you regarding this subject as well as copies of the minutes from the joint City Council/Planning Commission meeting of December 9, 1996, the Planning Commission minutes from January 29, 1997 where the Planning Commission recommended approval of the adult establishment ordinance, a copy my memo to the Planning Commission dated January 27, 1997 relating to the draft adult establishment ordinance and a copy of the City's zoning map highlighting the area where adult establishments could be located in the city (the I -1 zoning district). It is recommended that the City Council, following public hearing and deliberation on this matter, adopt the recommended ordinance relating to adult establishments. It should be noted • that the moratorium relating to adult establishments is set to expire on March 30, 1997. 4170 Pillsbury Center 200 South Sixth Street Minneapolis MN 55402 (612) 337 -9300 celephane • (6I2) 337 -9310 fax CH o-rn is attys @kcnncdy- gnvcn.com CHARLES L. LEFEvnE Attomcy st Law Direct Dist (612) 337-9215 March 5, 1997 Mr. Michael McCauley City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center MN 55430 RE: Questions Related to Adult Use Ordinance Dear Michael: At the time of the adoption of the adult use ordinance, the City Council asked two questions on ® related topics. The first was whether nudity is prohibited in liquor establishments. Code Section 11 -718 prohibits nudity in establishments holding intoxicating liquor licenses. However, there is no corresponding prohibition against nudity in the sections of the code dealing with wine or beer licenses. Although Section 19 -1700 and 19 -1703 prohibit nudity in public places, there is no specific p rovision of the code which makes public nudity ground for revocation of a beer or wine license as it does in the case of intoxicadn'- liquor. Therefore if the Council wishes . � q so make nudity In an e a y establishment holding a beer or wine license ground for revocation of the license, I would recommend that appropriate code amendments be adopted by the Council. The second question was whether the City could establish distance limitations between adult uses within the 1 -1 zone- Although such regulations are generally permissible, the question would depend upon whether the court felt that the totality of the ordinances resulted in an unreasonable restriction on free speech. There is no absolute or clear -cut definition on the amount of the City within which such activities must be tted. If distance limitations are imposed and the P� a P distances between such establishments result in only a very small number of sites in the City where such activities would be permitted, the restriction would be unreasonable. However, if the distance limitation is sufficiently s mall mall that there stall remain a substantial number of places which would qualify for the establishment of such uses, it would probably withstand judicial scrutiny. In other words, for example, if the combined effect of limiting such establishments to T -1 zones in the City and the distance limitations specified is that only a handful of locations would be eligible for such uses, the ordinance would robabl be found to unconstitutional. P y be However, if the distances between such establishments were relatively small, so that a substantial • number of individual sites within the 1 -1 zone were eligible for such uses, such a limitation would probably be constitutionally permissible. Therefore, if the Council is interested in imposing distance limitations, I would recommend that the Council specify the kinds of distance CGLilE•3�d SR291 4 E/Z 3OV8 OiEE4EEZ1S :a1 N311h'210 8 1S�J3NN3}i'W0213 Ei'Si G6— S0 -21t • Mr. Mike McCauley March S, 1997 Page 2 limitations which it feels would be appropriate so that the staff can evaluate what the impact of such a limitation would be. For example, if the Council is interested in imposing distance limitations between adult establishments and specified uses such as residential uses, churches, and the like, a determination could be made about what distances could be speed and still leave enough locations in the City where such establishments would be permitted. Likewise, if the Council is interested e ed in establishing distance limitations between adult establishments, staff could determine what distance limitations would still leave a pernussible number of eligible sites within the I -1 zone. If you have any further questions, please give me a call. Very truly yours, Charles L. LeFevere CLL:lh • I CLL118834 BR291 -4 . MEMO To: Michael J. McCauley, City Manager ' 1 From: Ronald A. Warren, Planning and Zoning Specia ist 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 Plannin g requested uested me to seek clarification from the ci ty attorney's office q 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. • • N MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSIO 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 -201 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 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 fmal 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. The meeting adjourned at 8:45 p.m. : Chair • Recorded and transcribed b Y Arlene Bergfalk TimeSaver Off Site Secretarial • 1 -29 -97 3 MEMO TO: Plannin Commission Members FROM: Ronald A. Warren, Planning Commission Secretary DATE: January 27, 1997 SUBJECT: Draft Adult Establishment Ordinance Enclosed is a copy of a draft adult establishment ordinance 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 fine and a discussion of adult uses, direction was given to prepare a draft 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- 2182) 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. Generally, the Planning Commission is char only with making recommendations regarding zoning ordinance amendments. However, these items are inter - related and the ordinance has been drafted in such a way hat it would be appropriate for the Planning t Y g Commission o 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. • fail 1 1111111 If If it if it It 11 It 11 if if It 11 It 11 if It It It if 19 it If .1 11 11 !1 11 it 11111141 fit, I'll, 1 1 L L_ C-.-] erry &Vx & PAW C 1.1 A zi e �'iF �� R4 J I p wip (A AS 6 ��,sr��f~�J��i � C ' _ :'nr.� � - �• �R�� fi5ti� So R !g Iff :! *1 � i."� - -- � ab 1XI � 1�'f5fih�lutil `f t r jr1II:4`f':R' t rY r �� t ll • Ct . �� (J Oil ell, RS it 1 MIN _011-11-1 IN VA M g I m UAM aml .e =. �� lilr.:lril�.`ti� : ,'` � ' � I �� [ +�iF_"� _ r {r� �{,�{ J7 7 � � pn� •�.� ,�'�. C . A � //�r.. i' /' ' !1 F. i� i�i � f!,�Il �';I�� t`I L,tl'.i • y / ! , ... , MT IL MUM LOCAL RS ' >� i IIT 1 �EL EI Mimi T I x 4 i r 02 I. . JUJ ......... .110f..011H 0 fif"1141 14 M! it ,1 =Z7:... _ ' ( °. �J l:ZI: :t::. 1 -{�. t ... ,,�� :�k�i�.'�i ��.l��i '� �lli ;�l,. 1; 1 Ii 1 �� s �,� (13�r(l�'�ti��S.a r � •9'J'•`•�,'��^ ��.. �``^� ^(�('�� c •iCa�r��LLL �11J � 'SI i� I�i.'I �r. ' I ��,1. it i ! ' ...., Ar j 122 �Xr , �.�� . ff �_ �, , FI�t : � :�� ii f I �� { , -: 1 : . � �` . � _ , s I jj�� ice'' a � 'rl ^C � y1 �� Im No MIFF Fi N7 H ij �r,� (/r �s��';!�; !,' , X : :h4il , , � ,��,. - �� I ROOKLYN ZONING DISTRICTS M "z_ I; CENTER A. KI AMAIL W IMoRMIL T# M ....... F i3k w 11 RESIMEE COAAMF am 1 .1 Vr —z'? of. 1AWSARY V. aotw s"Aar -1 no f`Ak' minim s. Ii' mum. i awy INEWTH FLMIMT I YFAm) K.. nAW twlf" • .a.,.w :,. >..' ....:.Menu Lf" A if. Am KNIES F I I ANA WMMT 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 THV 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. ADULT ESTABLISHMENTS. L Findings and Purpose. Studies conducted by the Minnesota Attorney General. the American Planning Association, and cities such as St. Paul, Minnesota. Indianapolis. Indiana, Minnesota, Minnesota. Minnetonka Minnesota• Rochester Minnesota: Phoenix Arizona: Los Angeles California: and 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 property values increased transiency, neighborhood blight and potential health risks Based on these studies and findings, the City Council concludes: a. Adult establishments have adverse secondary impacts of the 1Y.Pea set forth above. b. The adverse impacts caused by adult establishments tend to diminish if adult establishments are governed by geographic. licensing. and health requirements. C. It is not the intent of the City Council to prohibit adult establishments from having a reasonable opportunity to locate in the city. • ORDINANCE NO. I Minnesota Statutes, Section 462.357, allows the City to adopt regulations to promote the public health, safety, morals and general welfare. C. The public health, safety, morals. and general welfare will be promoted by the Cijy adopting regulations governing adult establishments. 2. Definitions: For p=oses f this section the following terms have the _ pure s o g 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 entertaimnent on the business premises; 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 by an emphasis on the description or display of specified anatomical areas. an adult cabaret as defined in Section 19 -1900, Subdivision 1, a business providing sexually oriented materials only for off -site use, consumption enjoyment or entertainment if the portion of the business used for such p=ose 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" means: Less than completely and opaquely covered human eng, itals, pubic regions, buttocks anuses or female breasts below a point immediately above the top of the areola; and 2) Human male genitals in a discernable turgid state, even if completely and opaquely covered. ORDINANCE NO. d. "Specified Sexual Activities" means: 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; anilin us: buggery, coprophag co prophilia: cunnilingus. fellatio: necrophilia: pederasty: pedophilia: piquerism, sapphism: or zooerastia: Clearly depicted human genitals in the state of sexual stimulation, arousal, or tumescence, Use of human or animal ejaculation, sodomy, 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, 6� Erotic or lewd touching, 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 bX Section 35 -330 of this code. Section 2. Chapter 35, Section 35 -330 Paragraph 1, Clause a of the City Ordinances of the City of Brooklyn Center 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 cabaret is a business that provides 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 as • ORDINANCE NO. defined in Section 35 -2182, or the 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 Specified 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 my 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 Ram 6. A dancer or performer may not perform a dance or live entertainment closer than ten feet from any12atron: 2- dancer or performer may not fondle or caress any patron and no patron may fondle or caress any dancer or performer. 8. A patron may not pay or give any gratuity to any dancer or performer; and 9. A dancer or performer may not solicit or accept any pay or rg atuity 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 following findings regarding the need to regulate • ORDINANCE NO. commercial premises, buildings, 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 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 commercial premises, buildings, and structures. B. The experience of other cities where such commercial premises, 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 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 obtaining or spreading AIDS are associated with high risk sexual conduct. D. Certain commercial premises, buildings and structures, or parts thereof, by reason of their desn 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 commercial 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 following terms have the meanings given them below: A. "Booths, stalls, or partitioned portions of a room or individual room" means (i) enclosures specifically offered to persons fora fee or as an incident to performing high -risk sexual conduct, or (ii) enclosures which are part of a business 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 for a fee, but does not include enclosures that are private 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. "Hazardous 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, (ii) anal intercourse: or (iii) vaginal intercourse with persons who engage in sexual acts in exchange for money. E. "Open to an adjacent public room so that the area inside is visible to persons in the adjacent public room" means either the absence of an entire "door, curtain or portal partition" or a door or other device which is made of clear, transparent material such as lg ass, plexiglass or other similar material meeting 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 City, county or state charged with the enforcement of the state or local health laws. i Section 7 -602. PUBLIC HEALTH REGULATIONS. A. 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 eng-a&g 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 lighting 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 operating and licensed as hotels motels apartment complexes condominiums, townhomes or boarding g ouses whic are subject to other ,general health and sanitation requirements under state and local law. Section 7 -604. HEALTH ENFORCEMENT POWERS. A. In exercising_ powers conferred 12y 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 ascertain the source of infection and reduce its spread, the Public Health Official. and persons under the Public Health Official's direction and control, may inspect or cause to be inspected, and to issue orders regarding any commercial building, structure or • ORDINANCE NO. premises, or any part thereof, that maybe 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: L 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 days apart 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: a) 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. If 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. 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 the issue orders to the mangier, owner, or tenant of the premises to take corrective measures to prevent 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. c) 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 (I may order the abatement of the hazardous site as a public nuisance, which max 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 anyprovision 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 guiLty of a misdemeanor • • 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.) • 7-h MEMORANDUM • DATE: March 3, 1997 TO: Michael McCauley, City Manager FROM: Scott Brink, City EngineerW SUBJECT: Public Hearing Regarding Proposed Improvement Project Nos. 1997 -04, 05, and 06, France Avenue, 69th Avenue to North City Limits, Street, Storm Drainage, and Utility Improvements; and Resolution Ordering Improvements and Authorizing Preparation of Plans and Specifications, Improvement Project Nos. 1997 -04, 05, and 06, France Avenue, 69th Avenue to North City Limits, Street, Storm Drainage, and Utility Improvements Summary Explanation The proposed projects (Improvement Project Nos. 1997 -04, 05, and 06) include roadway, storm drainage, and utility improvements for France Avenue from 69th Avenue North to 73rd Avenue North (City Limits). The project was previously established by the City Council on. October 15, 1996 by Resolution No.' 96 -202. Two (2) informational meetings were conducted with residents and property owners on December 3, 1996, and on January 23, 1997. On February 10, 1997, the • City Council adopted Resolution No. 97 -34, that received the Engineer's Feasibility Report and scheduled a public hearing for March 10, 1997 to consider these improvements. f. 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 attached Engineer's 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 breakdown of specific project costs, and an anticipated schedule. Assessments In accordance with the City Council's policy regarding improvement projects in residential areas, proposed assessments have been made on a unit basis. The Council's 1997 residential unit rate for street reconstruction is $2,000 per parcel. The Council's policy regarding special assessments for storm drainage improvements, provides that where substantial storm drainage improvements are made, a portion of the storm sewer costs be assessed to benefitting properties. The unit rate proposed to be assessed for storm drainage improvements for Improvement Project 1997 -02 is $650 per parcel. • The public hearing will not consider the proposed assessments. If the Council approves the Improvement Projects, a separate assessment hearing would be scheduled for September, 1997. Recommended City Council Action • Staff Presentation. s ntatton. Open the public hearing on the proposed projects, take public comment, and close the hearing. Consider the improvement projects. A resolution ordering Improvement Project Nos. 1997 -04, 05, and 06, France Avenue, 69th Avenue to North City Limits, Street, Storm Drainage, and Utility Improvements, and authorizing the preparation of plans and specifications is provided. • Member introduced the following resolution and moved its • adoption: RESOLUTION NO. RESOLUTION ORDERING IMPROVEMENTS AND AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS, IMPROVEMENT PROJECT NOS. 1997 -04, 05, AND 06, FRANCE AVENUE, 69TH AVENUE TO NORTH CITY LIMITS STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS WHEREAS, the Brooklyn Center City Council on March 10, 1997 authorized consideration of street, storm drainage, and utility improvements for France Avenue North from 69th Avenue to 73rd Avenue(north city limits); and WHEREAS, the Council has previously received and accepted a feasibility report for said proposed improvements, as prepared by the City Engineer; and WHEREAS, such improvement is necessary, cost effective, and feasible as detailed in the feasibility report; and WHEREAS, Resolution 97 -34 adopted on the 10th of February, 1997 set a date for a public hearing regarding proposed improvements for France Avenue North from 69th Avenue to 73rd Avenue; and • WHEREAS, ten days published notice of the hearing was given and the hearing thereon was held on the 10th day of March, 1997, at which time all persons desiring to be heard were given an opportunity to be heard thereon; and WHEREAS, the Council has considered all comments, testimony, evidence, and reports offered at or prior to the March 10, 1997 hearing; and WHEREAS, the City reasonably expects to expend monies from the Capital Improvements s Fund p , Municipal State Aid Funds, the Public Utilities Fund, or the Special Assessment Construction Fund, to pay the expenditures described in this resolution; and WHEREAS, the City reasonably expects to reimburse itself for such expenditures from the proceeds of taxable or tax - exempt bonds, the debt service of which is expected to be paid from property taxes, Municipal State Aid Funds, special assessments, or utility fees. The maximum amount of obligations expected to be issued for such project is $160,000. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. Improvement Project Nos. 1997 -04, 05, and 06, France Avenue, 69th Avenue to North City Limits Street, Storm Drainage, and Utility Improvements is hereby ordered. i Resolution No. i 2. The City Engineer is hereby authorized and directed to develop final plans and specifications for said improvements. 3. This resolution is intended to constitute official intent to issue taxable or tax exempt reimbursement bonds for purposes of Treasury Regulation 1.105 -2 and any successor law, regulation, or ruling. This resolution shall be modified to the extent required or permitted by Treasury Regulation 1.105 -2, or any successor law, regulation, or ruling. Date Mayor ATTEST: City Clerk i 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 f Brooklyn Center • 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 REPORT FOR FRANCE A VENUE IMPROVEMENT PROJEC T (69th Avenue North to 73rd Avenue North) MSAS No. 109 - 117 -02 I311PR0VEMENT PROJECT NO. 1997 -04 January, 1997 OVERVIEW (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 Ili IPROVEIIENTS ROADWAY (Fi(-Yure 2) France Avenue from 69th to 73rd currently exists as a two lane collector roadway, approximately 35 feet wide, with flat g rades, and no curb and cutter. 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, P y 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 - c 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 desi 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 regardin how wide the street should be, however, residents desiring a narrower street were quite vocal. • Because attendance at this meeting was relatively ight it was decided ed 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 e"tpressed 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 15 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) 2 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 eedi s n p rovide additional tional safet P g� P Y 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 • 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 MAN IN TALLATION( 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. y 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(Figure 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 far 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 ESTIVIATED PRO E T CO T AND REVEti Costs • Roadway Improvements 3 $ 17,650 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 y 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 Brink City Engineer ReQ. No. 17657 France Avenue Improvements - P age 5 73RD AVE. N. 73RD AVE. N. 7534 Lk .D.Z1.1i, 7543 75U 7Z.T7 R 72J7 008ME AVE 7J7 77J1 7572 732 7223 7223 7219 7270 7=t TL70 7513 n 7213 n 7=7 n 72NO A 7177 72.0 A. n 7201 701 72.0 AVE N. 742 72.0 AVE. 742 z 743 R = 743 R 7137 MO ET AVE 7137 AVE 1 y� 7131 7130 {y 731 730 > 723 724 <. 723 724 719 7114 716 719 7 13 712 7 13 7 12 W 707 7108 W 707 709 I 3 J U 71M 700 C 7101. 700 71ST AVE. N. 7048 Z 71ST AVE. 704+ z 7042 Q 7042 , 70.77 7034 ` 703 7036 7W1 7= 70.11 70.70 v 7015 7024 Z 7023 7024 W W 7019 7016 7019 7019 • 7013 7012 I 7013 7012 7007 7006 1 7007 70M 1 , 7001 7000 7001 7000 6943 6942 4942 8943 $ 936 493s 4937 4937 e9x 4930 »3/ 031 nf15 692 aem 6924/ 4919 URBAN 6 AN 4913 4910 8913 4910 e 4007 69TH AVE N 69TH AVE N ' 777 FIGURE 1 FIGME 2 OVERVEW ❑ ASSESSABLE AREA ---� r STREET WROVENENT • FIGURE 1 FIGURE 2 73RD AVE. N. 73RD AVE. N. 77,36 77Q 7743 rJ4 73RD AVS N" 1 7z34 7737 � 4 R 77u W00081NE AV Z71NO 7137 ( W00081NE AVE A rat nm 7737 WOOOBINE AVE 7223 7732 .7731 _ 7223 1 7732 7219 ( 727p 7223 7r9 7230 M3 ^' 7218 783 7201 72ND A 7713 ^ 77c7 7210 A 7201 � � 77v7 ^ 7701 72ND AVE. N. 7142 7142 7201 72ND AVE. N. 7141 72ND AVE. N. Z 7114 R 7143 M 7137 1 VIOLET AVE Z R 71 R 7130 7132 MOLET AVE 2 VIOLET AVE 7131 7137 yJ {v 7131 77w < 7123 7124 > 7127 7112 7123 7124 7124 71M 7170 ( t 7119 < {a� 4 Ina 7112 < 7113 7112 1 7112 7119 7118 i 7113 1 W 7107 7109 ( 71" 7113 7111 1 7107 1 7106 7100 3 T00 W - 7107 I V 7101 2 V Tm 1 3 7100 71ST AVE. N. 704° lo4a z pal 71ST AVE. N. 7048 7042 71ST AVE. N. n a 7042 4wl 7037 7036 < ^ Q ^ 7042 7057 7036 < j 7031 ° U Two 7037 70.36 70]7 7023 7024 I G7 7037 7W0 C] W 7023 7024 $� Z 7019 7018 W I 7023 7024 7mf 7ma W 7013 7012 7019 7018 7013 7012 . 7013 7012 7007 7006 7W7 7006 j. 7001 70W 7007 7006 Tom 700° I 6042 7001 7000 6943 8943 6842 sf>d 4943 8842 4937 4sx tt 49w I 9937 Sam 1 8931 4fw , Son 4931 saw 6923 a 6924 6931 1 401 4n9 URBAN URBAN 6R7 014 ant URBAN en3 Gina 4913 sno 1 6907 SIM sno ` 487 1 4907 69TH AVE N 69TH AVE N �- --�-� AVE N 69TH i ► 1 ( 7 F- -T-1 FIGURE 3 F XM 4 FKXFE 5 WATERMAN SANITARY SEWER STORM SEWER •��• 12 0 LNCAGE ' • PROPOSED REPLACEMENT - -• - EXSTNG WITH BROOKLYN PARK PROPOSED REJANG a--• 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 stud _does not mean that an improvement project a s Y t o ect h P P J 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 • prop public informational a P onal meetm probably in late November p y or December. All roe 'owners erty rtY, in the proposed project area (see the attached map) will receive a letter seven to ten days before the meeting is scheduled. Wh y 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 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 study will allow us to better determine exactly how much of 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 im r v p o ement ro'ect is approved for your P J PP y r 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 aid for P P r with general city funds. In the Orchard East Neighborhood area that was unproved 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 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. In the Orchard East Neighborhood, the.cost er roe was P property rt3' 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 • Dear Resident: November 20, 1996 • 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 were developed in 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 wav 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 - TP7iy 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 PiV1P 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 the need to be r y 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 Qas 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 JVeetin� 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 survev, please bring it with you to the meeting, or mail it to us if you cannot attend. y 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 PliBLIC 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 • no her 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 nnesota De artment of Department 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 a arkin _ 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 is often looked at differently by the users and by those 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 your 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 ermits to have updated P ) p ed 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: Mavor Kragness and City Council Members • Michael McCauley, City Manager January 17, 1997 Dear France Avenue Property Owner: As a result of the state -wide closure of all public schools on January 16, the France Avenue 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 presented at the first meeting on December 3, 1996. We will also be discussing certain roadway design issues in more detail, including determination of an appropriate street width. We also 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 I. Our sewer televising indicates that a number of sanitary sewer services may have moderate to severe root infiltration. Have you e-Yperienced any problems with sanitary sewer service, such as Navin; the service cleaned out to the street? How often? Do you have boulevard trees near your service? 2. Our evaluation of the storm drains; a system is that it is inadequate or undersized Do you have a problem with drains; e 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 ligliting? 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: EngineeririQ Department i City of Brooklyn Center 6301 Shincrle Creek Pkwy Brooklyn Center, Mi N 55430 Telephone: 569 -3340 - Fax: 569 -3494 ADI)RG. Sanitary '1'rces Storm Water::*. h er 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 71st ?? Want curbs, double apron & City to cooperate in resurfacing entire driveway (asphalt) 7018 Fran Every two yrs. No Basement leaks after Being taxed for water. Have complained about speeding heavy rainfall. traffic. No results. 7019 prance When serviced, 1 No .. o. . • N Speeding traffic. How about speed they ere told there bumps or 3 -way stop at 71st, 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 % yrs ago - '/" 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 7125 France No 1 No No Traffic is bad early morning, late afternoon. 7130 France No No Hot water usually cloudy Speeding traffic. Iiow 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 Frame 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 blv at N end of France. 7225 France No No No None 'I I • 7`n Tc-l-F- C v v A; C- I L T E TO PR J C= c7 9? - O S w GF �/ vG- NE D y quip 17- 1 ,3 1?1sKy TA Y� A- C P ,-=�. c K •� �. � � = / :c t ��2 e U E,�iC ENV � t'`-t � r' � - � VA • L � ti�'� �04 G L /tit G iel1 � / 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. Regularparking 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. Any additional comments: 2. Our sewer televising indicates that a number of sanitary sewer services may have moderate to severe root infiltration. Have you a perienced any problems with sanitary server 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. Wliat other concerns do you have? Are there traffic problems? Specific code enforcement needs? Street lighting? What kinds of ideas do you Piave 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 January 10, 1997 to: Engineering Division • City of Brooklyn Center 6301 Shingle Creek Pk Brooklyn Center, 'IMIN 55430 Telephone: 569 -3340 - Fax: 569 -3494 7� Memorandum To: Michael J. McCauley, EDA Executive Director From: Tom Bublitz, Community Development Specialist < Date: March 5, 1997 Subject: Resolution Approving Projected Use of Funds for 1997 Urban Hennepin County Community Development Block Grant Program and Authorizing Signature of Subrecipient Agreement with Hennepin County and Any Third Party Agreements 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 1997 Urban Hennepin County Community Development Block Grant (CDBG) program was first discussed at the February 10, 1997, City Council meeting. At that meeting, the City Council authorized the public hearing for the March 10, 1997, City Council meeting. A copy of the public hearing notice is included with this memorandum. 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 Memorandum to Michael J. McCauley • March 5, 1997 Page 2 eligible, including CDBG, HOME (the 1990 Cranston - Gonzales Housing Act), and Emergency Shelter Grant programs. 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, 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 ersons and youth, child care P assistance and transportation services. ADMINISTRATIVE REQUIREMENTS 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. Memorandum to Michael J. McCauley March 5, 1997 Page 3 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: 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 g J $193 ,971 Total (1996) $260,025 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 an allocation of $7,000 for the H.O.M.E. program for 1997. Staff estimates 15 -20 projects will be completed annually under the H.O.M.E. program. 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 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. Memorandum to Michael J. McCauley is March 5, 1997 Page 4 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. Representatives of both CEAP and CASH have been notified of the March 10 CDBG public hearing. SUBRECIPIENT AND THIRD PARTY AGREEMENTS The resolution included with this memorandum also provides authorization for the City Manager and Mayor to execute subrecipient and third parry agreements required for the 1997 CDBG program. The subrecipient agreement is between Hennepin County and the City and sets forth the administrative requirements for the 1997 CDBG program. Third party agreements are executed between the City and program providers such as Senior Community Services, which . operates the Household Outside Maintenance for the Elderly (H.O.M.E.) program. • 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 Hall located at 6301 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: Activft Bud Zet i 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 Planning and Development at 541 -7080. The public hearing is being held pursuant to Minnesota Statutes Section 471.59. • its adoption: Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION APPROVING PROJECTED USE OF FUNDS FOR 1997 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND AUTHORIZING SIGNATURE OF SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY AND ANY THIRD PARTY AGREEMENTS WHEREAS, the City of Brooklyn Center, through execution of a Joint Cooperation Agreement with Hennepin County, is cooperating in the Urban Hennepin County Community Development Block Grant Program; and WHEREAS, the City of Brooklyn Center has developed a proposal for the use of Urban Hennepin County CDBG funds made available to it, and held a public hearing on March 10, 1997, to obtain the views of citizens on local and Urban Hennepin County housing and community development needs and riorities on the City's proposed use of 247 85 P ty p p $ 6 from the 1997 Urban Hennepin County Community Development Block Grant. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of • Brooklyn Center approves the following projects for funding from the Urban Hennepin County Community Development Block Grant Program and authorizes submittal of the proposal to Hennepin County for review and inclusion in the 1997 Urban Hennepin County Community Development Block Grant Program. r 'ect Budget Rehabilitation of Private Property $ 60,000 Household Outside Maintenance for the Elderly 7,000 53rd Avenue Development and Linkage Project 180,856 BE IT FURTHER RESOLVED that the City Council hereby authorizes and directs the Mayor and its City Manager to execute the Subrecipient Agreement and any required Third Party Agreement on behalf of the City to implement the 1997 CDBG Program. Date Mayor • ATTEST: City Clerk RESOLUTION NO. 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 (Official Publication) NOTICE OF PUBLIC HEARING 1997 URBAN HENNEPIN COUNTY COMMUNPI'Y DEVELOPMENT MINNESOTA BLOCK GRANT PROGRAM c' Notice is hereby given that the City of Brooklyn Ce! PUEL11CATKX-13 ter, in cooperation with Hennepin County, pursuant • g,, q„� Title 'I of the Housing and Community Development Act 1974, as amended, is holding a public hearing on Marr AFFIDAVIT OF PUBLICATION 1 • d P the or y soon thereafter as the matt may a h he e heard in the City Hall located at 6301 Slung' Creek Parkway, Brooklyn Center, Minnesota. STATE OF MINNESOTA) The public hearing is on the housing and co mmunit dcwelopment needs and priorities of the City and Urba Hennepin County'and the City s piol6 d use of the 199 ss. Urban Hennepin County Community Development Bloc Grant Program planning allocation of 5247,856. COUNTY OF H ENN EP I N 1n addition, during the July 11997 to June 30, 199 program year, it is estimated the additional prograi income from locally funded CDBG activities will be avai. Denis L. M i n d a k able to the City ... being duly sworn on an oath says that he /she is TheatyafBrea klynoebte'r,a pro posrngcoundertak the publisher or authorized agent and employee of the publisher of the newspaper known as the following activities with 1997 Urban Hennepin Court ty CDBG funds starting on'or about July 1 1997:. S u n — P o s t Rehabilitati on pnvate $ p and has full knowledge of the facts Household Outside Maintenance for the Elderl H Y( O.M.E.) which are sta b elow. 53rd Avenue Devel o _ 'h pmentand Links `""�: a Pro Linkage Project a "B` r • 180, (A) The newspaper has complied lied with all Of subsequent increases or decrease; in the commun' P the requirements constituting qualification as �t- 9 q a p lanning mg allocation of the budget of any funded activity b the greater of $10 000 or 50% 0 C the activity budget o qualified newspaper, as provided by Minnesota Statue 331A.02, 331A.07, and other applicable change in activity location, beneficiary , or purpose is con sidered a substantial change and g pursuant to Urban Hen laws, as amended. nepin County polic3r . will be subject to the amendment process. (8) The printed Notice Of Public Hearin For additional inrorniation *on the priorities, proposer activities, level of funding and program performance, con tact the City of Brooklyn Center at 569 -3300 or the Hen nepin County Office of Planning and Development at 541 - 7080. which is attached was cut from the columns of said newspaper, and was printed and p ublished nt to atut hearing is being held pursuant to �jja P c ` a ' e$ , Section 471.59. once each week, for one (Feb. 19, 1997)P1lCty 97Urban successive weeks; it was first published On Wednesday the 19 F da f Februa 0 7 Y , 19 and was thereafter rinted and published on every to and including the day of 19 : and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and P ublication of the notice: I abcdefghijklmnopgrstuvwxyz toe BY: i TITLE: P u b l i s h e r Acknowledged before me on this 19 day of February 19 97 �r >__I _'I J(_.t ri , o Notary Public RATE INFORMATION (t) Lowest classified rate paid by commercial users $ 2.55 oer line for comparable space e Maximum rate allowed by law for the above matter S 6.20 per line (3) Rate actually charged for the above matter g 1.20 per line os tkcY ASSIsr4,V V 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 -1 P 998 Community Development ty p ent 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. 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 f Brooklyn tY n Cen r to will join with CEAP i Y 1 n the continuing fight to he! 9 9 p those less fortunate in the community. Combining our resources will make the community stronger and more effective in meeting the needs of the people we serve. 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 1.201 89th Ave. N.E., Suite 130, Blaine, MN 55434 • 783 -4930, Fax 783 -4700 • CDBC� PROt�SAL :: CITY o> BROOKYtEt'i'ER I. NAME / ADDRESS OF AGENCY REQUESTED AMOUNT: $5,000 7231 Brooklyn Boulevard Brooklyn Center MN 55429 DATES : July 1, 1997 - June 30, 1998 2119/97: 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 County 9a Anoka Coun began operating on July 13, 1987.) I1. PROJECT ACTIVITY A. LT ON: OCA f _ 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 agenc o from 8:OQ- . 9 Y R 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 Der.Pmber 31 1996 CEAP served ?_.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 B NEE - 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. I11. 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. i 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. LEAP 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 27,832 individuals (4.3 %) 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 Darieen 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 • 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 Nlethodist 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 .4ide 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 1 8770 H- 224 -1283 F-424 -4327 Pastora :LfinisterlDcensed Social ;vorker Catholic Community of St. Timothy Director of Outreach and I inisoy St. Timothy's Catholic Church St. Gerard's Catholic Church Charles Gendreau - Secretary Timothy Kulas 8656 Riverview, Lane Brooklyn Park, MNI 55444 3026 81st Circle H -560 -6215 Brooklyn Park, MN 55444 W-473 -5266 H- 561 -9549 F-473 -7961 Retired from Federal Government Redeemer Covenant Church Corporate Controller Terry Companies, Inc. St. Alphonsus Catholic Church Gary Gilbert Abby Peterson 4903 Arrowood Lane Plymouth, NLN 55442 7740 Tessman Drive W -585 -2352 Brooklyn Park, NR T 55445 US West Direct H- 566 -4717 Sub Para for District -279 Prince ofPeace Lutheran Church Donald Ross - Past President 6309 Bethia Lane Brooklyn Park, NfN 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 Countv.4dult Services St. Stephen's Catholic Church • • CEAP REVENUE LINE ITEM BUDGET FY 97 FAINMY SERVICES SENIOR SERVICES TOTAL AGENCY INDIVIDUAL $ 39,557.00 $ 10,443.00 S 50,000.00 CHURCHES $ 103,000.00 $ 22,000.00 $ 125,000.00 BUSINESSES $ U,000.00 $ 2,000.00 $ 15,000.00 ORGANIZATIONS $ 60,000.00 $ - $ 60,000.00 SCHOOL DISTRICTS S 33.632.00 S 33.632.00 TOTAL COMIN I ZT:VITY SUPPORT $ 2 4 5 ,189.00 $ 34,443.00 S 288,632.00 MAYD S - S 50,000.00 S 50,000.00 HANDYWORKS $ - S 300.00 S 300.00 TOTAL PROGRAM FEES S - $ 50,300.00 S 50,300.00 ANOKA COUNTY $ 11,340.00 S - $ 11,340.00 ANA COUNTY HOMELESS S 19,000.00 S S 19,000.00 • HEl P1N COUNTY $ 71,131.00 S - $ 71,131.00 HENNEPIN COUNTY HOMELESS S 15,000.00 S S 15,000.00 TITLE III MEALS $ - $ 12,000 00 S 12,000.00 TITLE M HANDYWORKS $ - $ 20,000.00 S 20,000.00 GMCC USDA MEALS $ - S 4,000.00 $ 4,000.00 GMCC U.W./HANI DICAP HANDY'WKS S - $ 5,000.00 S 5,000.00 GMCC H.C.1HANDICAP HANi DYWKS S - S 500.00 S 500.00 NWH S 19,671.00 S S 19,671.00 CDBG S 25,000.00 $ S 25,000.00 DBG $ 20,000.00 S $ 20,000.00 TOTAL GOVERNMENT S 181,142.00 S 41,500.00 $ 222,642.00 FOUNDATIONS S 123,363.00 S - S 123,363.00 LOAM F Wi f N F WAY $ 180,720.00 S 31,082.00 S 211,302.00 FUNDS S 150,000.00 S $ 150,000.00 REPAYti1EN -I'S $ 5,000.00 S $ 5,000.00 MISCELLANEOUS S 500.00 S - `$ 500.00 TOTAL REVENUE S 900,414.00 S 157,325.00 S 1,057,739.00 ALLOCATION OF BUDGET CEAP MINE ITEti1 BUDGET FY 97 (7/I/96 6/30197) FA1INIII.Y SERVICE: SENIOR SERVICES TOTAL AGENCY SALARIES (See attached sheet) S 402,325.00 S 54,957.00 S 457,282.00 FICA S 24,944.00 S 3,407.00 S MEDICARE 23,351.00 S 5,834.00 S 797.00 S 6,631.00 UNEMPLOYMENT $ 3,540.00 S 433.00 S 4,023.00 W ORKERS COMP S 3.457.00 S 471.00 S 3 928 .00 TOTAL PAYROLL TAXES S 37 775.00 S 5,158-00 S 42,933.00 LIFE INSURANCE S 1,346.00 S 134.00 S 1,530.00 MEDICAL S 21,954.00 S 2,994.00 S 24,948.00 LONG TERM DISABILITY S 2,443.00 $ 333.00 S 2,776.00 RETIREMENT S 20 ,120.00 S 2.744.00 S 22,864.00 TOTAL EiWLOYEE BENEFITS S 45,863.00 S 6,255.00 S 52,118.00 AUDIT/PROFESSIONAL SERVICES S 5,850.00 S 3,150.00 S 9,000.00 CONTRACT SERV. HANDYWKS S 2 S 2,500.00 OFFICE SUPPLIES S 4,550.00 S 2,450.00 S 7,000.00 POSTAGE S 3,000.00 $ 1,000.00 S 4,000.00 MAII`1TENANCE SUPPLIES S 975.00 S 325.00 S 0 1 3 0.00 TOTAL SUPPLIES S 8,525.00 S 3,775.00 S 12,300.00 MAYD S - S 54,000.00 S 54,000.00 CHRISTMAS S 10,000.00 S 10,000.00 FOOD SHELF S 25,000.00 S'T'IPENDS 00.00 S 25,000.00 S S 4,000.00 S 4,000.00 TRANSPORTATION S 70,000.00 S 70,000.00 BACK TO SCHOOL S 3,500.00 S 3,500.00 S 3,000.00 S 3 , 000.00 FAMII., Y LOAN S S 150,000.00 S 150,000.00 SPECIAL NEEDS S 40,000.00 S 40,000.00 TOTAL NEEDS OF PEOPLE S 305,500.00 S 54,000.00 S 359,500.00 UTILITIES S 6,370.00 S 3,430.00 S TELEPHONE 9,800.00 TRASH / RECYCLING S 4,030.00 S 2,170.00 S 6,200.00 S BLDG/ GROUNDS jvLAIN 5 100.00 S T 900.00 S 6,000.00 S 2,975.00 S 525.00 S 3,500.00 FACILITY RENTAL S 22,500.00 S S 22,500.00 TOTAL OCCUPAs�ICY S 40,975.00 S 7,025.00 S: 48,000.00 STAFF DEVELOP,kIENT S 6 S 100000 S . FURNITURE / EQUIP:�SE;�i'T 1,000.00 7,000.00 TRAVEL, STAFF / VOLUNTEER S 4,500.00 S 1,500.00 6,000.00 NIT VOLUNTEER RECOGION S 3,000.00 S 2,000.00 S COMMUNICATIONS 5,000.00 DUES/ �fENiBERSHIPS S 3 ,500.00 S 1,500.00 S 5,040.00 S 1,125.00 S 375.00 S 1,500.00 • LVStR.ANCE S 6,305.00 S 3,395.00 S DEPRE CLATION 9,700.00 NTEREST S 19,322.00 $ 10,673.00 S 30 495.00 �II,, S 917.00 S 494.00 S 1,411.00 CELLANEO�tS S 1,950.00 S 1.050.00 S TOTA 3.000.00 L AGENCY BUDGET S 897 182.00 S 16045 S 1,07,739.00 27 . . -.• GIN -- M s"� cF - Ike. ,o owu ... -.. ....,.. ..00.0.0 - 'Celebraffng 25 Years of Serv' ice io Tam very pleased to present this annual report to -the 'community I believe it presents a clear picture of our presence-and service to the community. It also highlights the major commitment of the - hundreds ' volunteers who. make our pr _ - p grams -and services possible..: Without _ ir. assistance and commitment; we could not continue to provide _ these important services and programs to our community residents. - As the: new Executive Dir`ec`tor, I Took forward to working with our -volunteers. and commu m collab tY arative partners �I believe 25 years `have been a time oftremendous_growth and change, not only in our program service delivery, but in the; P ' hanging demographics:of >oiu community: e `face the .future to then ge , as; a eommumty, we have maay . '. �_ ._ _ challenges before us ' will requue: more..than ever, a commitment :from` all segments of our commmuuty to find solurions o dtffcult problems - . With the' recent changes in Washi ngtan we know that :we anll need to_be more. creative solving. the completiC t " ias ofpoverty Health care and family stabilisation, to Winne Lust a few We will. be. asked_ fa tighten o ur .belts and to be moil fmaacialIy 'C e: ins . program design and delivery; I believe. Elie way:- that,we can ;tie :snccessffril. in 'addressing Ehese issues is through strong.. community collabpratron.:: As 'LEAP moves toward a new :.scar :year, our • � cornnu PPortive environment far tment'to the commuiutyts to continue our services, to provide a ". Ea rlobes in need; and to_ assise: our'se niors >im maintaining their. independesice We. ask itiat our community collaborative partners con to j6 ur us in this` effort,. "and that together we Can Create a better,: more vi residents.* tal Communifir for all our Tia Henrylohnson -Executive s Photo courresy O f C ter SunPO t enry-Johnson - Esecutive Director - We at Community Emergency Assistance Program, Inc: are phased 'to share with ou our a y, ,CcompI4 , ents in 1995 96 . -As. the Board President I have had the privilege of presiding overa board of dedicated cosinrty residents.whahave.given of their time and taen Iis to provide policv and'gavernance for CEAP's man' y programs and activities 'As CEAF com fetes its 26th year, we have been a girt of many changes in .. .. . .... community < Some of those changes have challenged our thinking�anil our : way ,of deliveimg programs We believe that change can signal a new Executive Director providing leadershi for our oPpo And _so, as wee begin a new" year; with a negr . F stab we'want to:_renew qur commitment to you, our community We believe the best__way w e can provide service to the community and`to our cbenis is through the strong ietationslups we have built with churches, businesses,. schools, toFal garerningbodies and oftourse: the community at larg we er Aswe :look td,1996: and " beyond cannotIuedict e fut thure We. do know tliarthe future may bring change: on We are cfit4ern�at; whatecer change we encounterill'be successfiiiy met:. This success lias always been rooted ra the strong COmiiiitment - of our community volunteers and collaborative aiuiers. to her p g us facilitate needed change It is our hope. that we can continue to count bn; all of you to help us shape our program gnd semce� to reflect the needs of the coniiriunity We :thank you for your support an d'confidence, Workuig'together we make adifference, - ; Ds, President - BAff D° - ir " ecto ors • - .A MISSION OF COM fUNITY ` CF, 4P is available to the people of this community. to meet their critical needs while preserving their dignity as human beings A COAfAfUNITY- BASED_AGEjyCY. CEAP:was founded in 1970 in'response to a growing need for, human services in the Brooklyn CenterBrooklyn Park area. CE-4P opened the Anoka County office in 1987.- . :. .', '• .� ' . �- . ' � - CEAP is striving to continuj2llyi recognize human diversity. CEAP will be a leader in fhe quest for. undoing .racism with a commitment to inclusiveness for all members of the community,' _ �Famil Services are offer ed to familie amili es to meet their basic. needs: _food, clothing, and shelter. Families Irving -in CEAP. service areas - maybe eligible for the following programs: Food Shelf' �I _ _C othin Closet Br g ooklyn Center Location . Chri - stmas Pr o Bf ookl • Center L _. . Location _ �m Yff on i Fnanctal Assistance Individualized Family Services Family Loan.'Program .Family Peer Advocates . Information and Resource Referral - NlAC/NAPS Distribution Sites*. _ Czareer Clothing_ Job Resource — Back to School'Pr gram Ip at the right time ofteri prevents a crisis from Family Services protect children, - families an d individuals from ual"ions that disrupt, the stability of.daily living. A. 'al needs. fund may be available . . y to families not able, to access other sources. • to 174 53 z z Volunteers are the threads which hold together the fabric of CEAP's services. Their activities convey CEAP's. mission of pooling community resources through:volunteerism. They donate time, care, experience and en ergy,_make programs vital and efficient, and add the "human to CEAP's services. LEAP provides the following volunteer opportunities: - Blood Pressure Screening Clothing Closet Data Entry Food Shelf Meals at Your Door Assistant 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 and persons with disabilities is designed Io enhance the ability of clients to stay in their own home, maintain independence and lead full lives. These programs are offered at the Brooklyn 'Center office and include: Ws at Your Door Handyworks Services Blood Tax Preparation Pressure Sere v ' :. enin Friendly Visitor 18,332 people received 274,978 meals from CEAP's food shelves 21,510 meals are delivered to 269 seniors 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 $91,693 616 families received financial assistance in 1995 for a total of $130,110 Celebrate the Children 1995 ► _ ' - SPECrAL PROGRAMS Celebrate the Children - - - Annual ice cream social for the families of MR 300 children attended in 1995. . Caring Tree Annual back to school program to provide local low income children with school supplies. In 1995, 1150 children received school supplies - Christmas Program Food and toy. drives to assist pegple during the holiday season. Over 1200 families received food and toys irk 1995. _ Norweslt Bank/No`v Sports bike drive Previously owned bikes are donated at Morwest.Banks and then'repaired by 1Vow Sports k Approximately 75 bikes were distributed to families by CE4P in 199j.- Career Wardrobe Special program for low income women to receive professional cloth_ ing to help them reach their • career goals Ili 199.5, 100 women attended this special event. - * *Statistics are based on information compiled between 111195 and 12131195.. a Adventure CIub Alexandra House American Red Cross'- Northwest Branch Anoka County Anoka County. Community Action Program Anoka County Fl~aman Services Brooklyn Park Apartment Managers Assoc. City of Anoka City ofBrooklyn Center City of Brooklyn Park - Emergency Foodshelf Network Employment ActioaCenter Fare Share Greater Iviinneapolis Council of Churches' Greater l�iinneapoiis Day Care Assoc. Head Start - Hennepin C_ ounty ' He'nn.Co.Family and Children Serivices Henn.Co.Women's & Childrens Health Clinic HIRED - Homefree Shelter - Home Line Honeywell, Inc. Independent School District #279 - In °- endent School District n281 Le-al Aid Society McKnight Foundation Medical Arts Press IN onie Inc. Metro Area Agency on Among Northwest Family &Children's Services NW Hennepin Human Services Council NSP Ncrthtown Mall Rise SACA Second Harvest Food Bank Target Greatland- Brooklyn Park United Way First Call For Help ' 4 Johnson - Executive Director r - . may' _ - Karen - Director ofAdministration -• Darleen Simon Site 11anager - Blaine Off ice ' - Diane Voss Accounting Technician Cathy Schwingler - Communications Specialist Linda Kirkendall - Senior Services Coordinator III Jean Rainbow - Community Outreach Coordinator Tonya Anderson - Family Service Coordinator Janice Norris - . Community Outreach Brenda Lloyd - Family Outreach Worker _ Joan Crawford - Family Service Coordinator Carol Dale - Family Service Coordinator Elaine Korlath - Family Service Coordinator ; Cindy Whelan - Family Service Cobrdinator i Jackie •Vetvick - Family Service, Coordinator' KayeLaNae White -Family Service'Caordinator _ Jennifer Langeness - Family Service Coordinator Linda Hadden - Adtninistrative Support/First Call 'For Help Myrna Langevin Receptionist _ Ron Liter = Maintenance 'Josephine Humbert - Ifaintenance/Receiving 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 Brooklyn Center Prince of Peace Lutheran Church ' Brooklyn Park Christ Lutheran Church - Blaine Redeemer Covenant Brooklyn Park ' Cross of Glory Lutheran Church Brooklyn Center Resurrection Episcopal Church _ _ Spring Lake Park Edinbrook Church Brooklyn Park Resurrection Lutheran Church Blaine - E ' y Catholic Church ,Coon Rapids Riverview United Methodist Church Brooklyn Park' EHope Lutheran Church Brooklyn Park Servant of•Christ Lutheran Church Champlin Famuy of God Lutheran Church'. ' _ :.Brooklyn Park Spring. Lake Park Baptist Church Spring Lake Park Grace Lutheran. Church Andover.." SC Alphons i' Catholic Church Brooklyn Center - - Harron United Methodist Church Brooklyn Center SL Gerard's Catholic Church Brooklyn Park ' — King of Glory Lutheran Church Spring I*e Park St: Stephen's Catholic'Church' Anoka Lutheran Church of the Master Brooklyn Center St. Timothy's Catholic Church , . ' 'Blaine j Lutheran Church of the Triune God 'Brooklyn Center '2ItuC vPF Celebrate the Children 199 �r �► < ' a 7_ Volunteers Pack food at the annual Christmas Program Individual Gifts of $5.0.00. or More and Audrey Adel Clara and Clifford A ren nderson Larry Anderson Tim and Marsha Anderson d and Mr V rginia Anderson Ilo and Julian Asp' - Dar and NaNancy Aune Vernon and Marvel ALL . and s., Earl Bakken Carol Benkofske _ Robert and Joan Biaggici John and Linda Birchard Thomas and Kathleen Brown Virginia Buck Lois Bumett 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 Calton 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 Den_n Deborah Denz ' - Dianna 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 Ficla - Jeffrey Franke Robert and Linda Frisell - ;' Dale and Theresa Gaspard William, and'Eleanor Gausman Anita Gavenda . William grid Ann George - Ronald Grenier _ Paul and Sharon Guck Phillip and Carol Guerrero Jeffrey and Diane•Halseth David and Barbara Halsey Kevin and Rita Harnemick Ilomae Hanson Stanley and Jodi Harpstead Walter and Ellen Hartmann ' Gayanne Hase Olney and Linda Hegrenes Walter and Dee Herrgren / , . Joan Henry _ Joel add Phyllis Hpelz _ .Aaron and Marlene Hoffman ' Jean Hohchbach. - Ralph and Leone Ho_ we Edwin and Lois Hughes Robert and Carol. Imholte Michael and Patricia Jansen _ Boni Jones' Frankand 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 - _ _ Marilouise Koerher Robert Kraska Bonita Labosky ' William and Loraly Lane Earl and Gladys Larsen Kathleen Lasch ' 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.Maslowski ' t John McClurg Patrick and Gerri McFarland Kathleen and Roger Mellas Joyce Merchant Francine Merrill lgobert and Rosemary Meyers Linda Miller - Simon Leone Murphy Stanton and Pamela Myrum . • David and Diane Nelson Linda Nelson - Geo &ey and Agnes O'Connor Carl and Marcella Obermeier - Mr. and Mrs: Thomas Ogg Susan Okerstrom - Raymond Ohischeiid Conrad and Sandra Olmstead _ a D vtd and Joann - Cheri Olson • John and Helen Onstad . 4�en Bonnie Ostman .David and Deborah Overland Mark Paulsen - - , _ Edward and Jane Pierson William and M i e Thomas- Drone` - ' te Polacelc Margaret P1 acinsk t _ William and Janice Potasnak � - .Pat Proell . . E. Thomas Ranstad Maria Rose - • _ Duane and Patricia Rosenberg Paul Rudolph . Robert and Sharon Ryan David Scheffler. Curtis Scheibte Roger and Irma Scherer _ C.B. and Caroline Schneider Robert and Gloria Schwarz David Schwrchtenberg. _ • Charlie Sellars .. - . ' hael and Kateti S hine - eraP hforrnmb Silver - Steven and Wendy Simerison - . dY _ I••anY Simon Simon _Mabel Skaff . Donald and Betty Skoglund Isabel Slater oachim•and Juanita Sommerfeld James and Sharon Svensk - Diane Swanson Claudia Taylor• David acid Evelyn Thompson Katherine Thortscn _ Jack and Marcia Tian M.E. Trautwein -- - Ronald and Anita Tuch ' Edward VanCleave . Sigurd and Toni Vmke Roge'r•Vollbredtt Daphne Walmer Gordon and Andrea Weber Jack and Mary Jo Welsh Donna Welton Robert and Linda Welvaert Daniel and Julie Wennberg Franklin and Mary Wibel Jeffery and Mary White - Cheryl Ziegler _ -- Foundation and Corporate Gifts of $50.00 or More - Air -Mo Hydraulics, Inc. American Optometric Association i Anoka Electric Cooperative beimFoundation , Brookciale Chrysler Plymouth Brooklyn Park Aluminum .Ina _ Caring & Sharing Foundation Charity, loo. Counselor Realty' Davarmi's ECIf Publishers Fnst Bank Nonhtown Fort Snelling Memorial Groves Foundation . H.B. .Fuller Company I.D.S. Fuia4cial Servic Illbruck Inc Ki_wanis of Blaine- - M & M Printing Machine Parts, I= Maier Stewart & Assoc-iates, Inc. Marquette Bank Brookdale McKnight Foundation Medtronic, fro. Medtronic Foundation Norwest Bank - NSP - - Onan Corporation Open Y� P & S H Services Company, Inc. Pips Jaffrey Foundation Restech Partners, Inc. _ . Rivertek Medical Systems - Scherer Bros Lumber Co Sho Elliott, Hendrickson. lac The St. Paul Companies' ' Y� bet - rt, �. n, . - _ ,Stack Electrtr, Inc. _ Sterling Electric Construction Summit School of Dance Twui C F &Blower . rtY pa Wall fart - _ Wal, fart Foundation - Target Stores United Telephone of Minnesota ` - -Organization Gifts of $50..00 or More - I . 50 Pltu Fellowship (Cross of Glory Lutheran Church) Adult Corrections Faciliiy r - American Legion Post #334 Anoka Chamber of Commerce Anoka County Servi=Center Blaine Bowling Blaine Jaycees . Brookciale Covenant Women Brooklyn Center High School Brooklyn Center Worne "s Club Brooklyn Urfited 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 & PCYC Circle °: Cross of Glory Mission Circle Dayton Women of Today Emergency,Foodshelf Network Friends for L.*cm Hennepin County Corrections Hennepin County Service Canter Holiday Clearing Bureau Kraus Hartwig VFW #6587 _ Minneapolis Food Shelf Assoc Minneapolis North Kiwanis National Council of Churches of Christ North United Methodist Women No'rthtown Merchants Association Osseo Education association Osseo Federation of Teachers Robbinsdale Area Shrine Club Robbinsdale Compassmer 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. Timothy's Bowling League Teacher Federal Credit Union for Joy - Anoka United Methodist - Sunday School Anoka United Methodist.Women USS Nokomis NCC 1858 let Nam Veterans of.Arnerica Willow Lane PTA "We sincerely apologize for any names which may have been inadvertently bmirred. Donation year ending June 30, 1995. CEAP is very appreciative of all the many individuals and groups that contributed their food, -clothing and time" - Year ended June 30, 1995 - r General . Family' 'Fixed Asset Fund Loan -Fund - Fund Total Support and revenue: Contributions and grants S `314,025 S. - S - _ $ 314,025 United Way allocation - 225,785 Governmental contracts and grants 255,257 - - 255,257 Program services , 71,174 • - _ 71',174 Investment- income > 23 33,245 , - 56;531 Realized gain' (loss) on invtrstments (29,755) 288.: - (29,467) Unrealized ghin on investments ; 19,767 25,539 45,06 Other income 2.892 - _ - , 543 3,485 ` - • 882,431-- 59,072 593 - '942,096 E pogram services: � _:. - _ . • - :- _ ,. ) - • + - "AC services 456,965 26,260 - .15,306 - 498.531 ^ Family intervention services - 226,901" - 13,53 Y 240,432 683,866. 26,260 28;837 738,963. Supporting services: - General administration = - ' 153;005 :• 24.7 _ 7,685 160,937 Fund raising - 36,531 - - - 36,531 139,536` 247 - 7'685 7 _ 19 468 Total expenses - _ 87 3 402 26,507 . 36,522_ 936,431 Excess (deficit) of support and revenue over expenses • S 9,029 "'S 32,565 °" S , (35,929) ' " S" 5 665 - *Audited statement by House, Nezerka & Froelich, P.A. SUPPORT AND REVENUE FY 1995 EXPENSES FY 1995 ■ Contributions and - _ — 29 %� (360' ° ) 17% 1% .404 ■ Program expenses (79 %) \_ 13 Program services (8 %) _ 17 General administrati ■ United Way (26 0 /.) ®Govt contracts and 13 Fund raising (4 %) ' _ Paw (29°0). ` 17 Other income (1 0 .4) Funding for CEAP is provided by: Local churches — - Federal and state governments Hennepin and Anoka Counties • Cities in our service Foundations and corporations Individuals. _ The United Way of Minneapolis Area - G'EAP ?2� 1 Brvokl 'B1Vd 12x1 !89th Av ..... Swte 13tI Brooki Ceder, MIS• 53429 y� _: Blame, Ml's 5543'4" (fi2J 56f 964Q6�2�566 964 FAQ Anoka CouniyHuman Service Center (612 783- 493Q (612 783 -47Q� FAX xx BFOOkIvn Center €}ffiee Hours .............:.. .:.:::..::. ..:......... .....................:...::.: :: .:..::.....:..... . ...: :.::.. ..:.. ..:.:. ..::::::::........ ..<: >:: > <:,....... .;;.:..:.. ..... :.......... ..: : ....:..:: :.::. :ti•:::::.:::: .: is in,:.; . :.. ::: ..;: ..... .......... 1995 BOARD MEMBERS - Char Baines Russ Banitson Walt Beneke Rick Beming Randi Cragg . IvSary Ellen Cox Bruce Dougan Jane Ewing Paula Foster Chirles Cendieau - � d Heinz Elwood Johnson Sister Kathleen Kiemen David McCauley - Abby Peterson d Ross _ Diane Swanson ,Sherry Thistle Patty Thompson Jack Weinman , - "C e l ebraffng 25 Yea CEAP, Inc. Non -Profit Org. 7231 Brooklyn Blvd U.S. Postage . _ Brooklyn Center, MN 55429 :. Paid Minneapolis, MN Permit No. 2356 r • HOUSE, NEZERKA & ftOEUCH, 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 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 stn fund balance expenses g s, functio ex nal p and cash flows for the year then ended. These financial statements are the re Organization's management Our responsibility responsibility of the . p ty 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 • we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free 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 �i 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 J 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 i and on its compliance with Iaws and regulations. August 2, 1996 7900 Xerxes Avenue SoUtl1 • Suite 2300 Bloominston. NIN 5:- 131 -111 (61') 33:- 13.1 -i Fax (612) .3 member u / .�a.iora! CP.4 Health Carr Adti isors .$ssoeiarinn COMMUNITY EMERGENCY ASSISTANCE PROGRAM, INC. BALANCE SHEET • June 30, 1996 (with comparative totals for June 30, 1995) General Family Loan Fixed Asset Total Total ASSETS Fund Fund Fund 1996 1995 CURRENT ASSETS: Cash and cash equivalents S 162,437 S 206,370 S S 368,807 S 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 I42 _ 2.345 415,038 647,339 - 1,062,377 972,117 LONG -TERM IIWESTbIENTS _ _ - - 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 3 415.0 -4Q S 767.097 S 421.666 S 1.603.801 5 1 LIABILITIES AND FUND BALANCES • CURRENT LIABILITIES: Current maturities of long -term debt (Note 5) S _ $ _ S 5,536 S 5,536 S 5,061 Accounts payable 8,137 _ - 8,137 4,731 Other accrued expenses 26,317 - - 26,317 35,735 Payable to Anita County (Note 8) - - - 50,000 Deferred revenue (Note 6) 57.366 - 57.366 38,000 91,820 - 5,536 97,356 133,527 LONG- TEI;LM 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 109318 767.097 403.477 1.279.892 1.352.867 323,218 767.097 403.477 1;493.793 1,553,451 S 415 038 S 767.097 S 421.666 L____60 '80 1 S I.705.162 See Notes to Financial Statements. 2 COMMUNITY EMERGENCY ASSISTANCE PROGRAM, INC. • STATEMENT OF FUNCTIONAL EXPENSES Year Ended June 30, 1996 (with comparative totals for the year ended June 30, 1995) Program Management Total Total Se_ rvie� &General Fundraising _ 1996 1995 _ Specific assistance 124,670 $ $ $ 124,670 $ 162,932 Salaries and wages 334,229 100,267 21,898 456,394 Pension plan contributions 12,620 6,224 - 444,964 Employee benefits 18,844 17,708 22,229 12,228 1,225 35,682 27,762 Payroll taxes 26,771 9,468 1,675 37,914 35,400 Professional fees 14,587 3,055 511 18,153 Supplies 5,010 3,418 4 Telephone ,373 825 8,616 7,416 p 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 Equipment maintenance 9,031 1,667 288 10,986 8,319 Newsletter - 1,210 1,210 2 Travel 2,41 2,062 1,266 129 3,457 6,361 Conferences and meetings 111 363 42 X 516 2,347 Interest 1,533 305 54 1,892 2 Program supplies 81,324 - - 81,324 77,469 Volunteer recognition 43 2,187 - • Training 2,230 5,762 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 5,038 - - 5,038 i 23 Bad debts � -� 1 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 741.759 5 158.474 S 29.533 S 929.766 S 936.431 c t a 5 f COMMUNITY EMERGENCY ASSISTANCE PROGRAM, INC. • STATEMENT OF CASH FLOWS 1 Year Ended June 30, 1996 (with comparative totals for the year ended June 30, 1995) General Family Loan Fixed Asset Total Total- CASH FLOWS FROM OPERATING F— nd - Fund Fund g_ gh 1995 ACTIVITIES: Excess (deficit) of revenue over expenses S Adjustments to reconcile excess (deficit) (17,016) $ (6,114) S (36,529) S (59,659) S 5,665 of revenue over expenses to net cash used in operating activities: Depreciation _ Reinvested dividends 36,487 36,487 36,522 Loss (gain) on sale of (21,49') - (21,497) (34,698) property and equipment 2,615 42 2,657 Realized (gains) losses on (593) investments - 40,981 Unrealized gains on investments - 40,981 29,467 Provision for doubtful accounts _ 22;6770 (22,678) (45,306) (Increase) decrease in assets: 22.170 26,260 Accounts receivable (7,450) - Interest receivable (7,450) (33,546) Prepaid expenses (3,249) - 203 - (3,249) (9,091) Loans receivable - 10,807 203 2,139 Increase (decrease) in liabilities: 10,807 (2,780) Accounts payable 3,406 • Other accrued expenses _ 3,406 (19,987) Deferred revenue (9,418) - (9,418) 16,419 1 g - 6 Net cash provided by - - t 9.36 (374) F (used in) operating activities (8,294) 20,420 12,126 (29,903) CASH FLOWS FROM INVES'T'ING ACTIVITIES: Purchase of property and equipment (6,719) _ Proceeds from sale of property (6,719) (46,105) and equipment 6,651 Net purchases /sales of investments _ 6,651 2,201 Net cash provided by 09 838 - 65 347 4 2,201 investing activities 64,441 838 _ 65,279 1,618 CASH FLOWS FROM FINANCING ACTIVITIES: Principal payments on long -term debt Q10 i -- 05 (4.627) 1 Net increase (decrease) in cash 51,091 21,258 72,349 (32,912) Cash and cash equivalents: Beginning _111,146 185.11 Ending S 162 4 7 — - --- 296 329.370 7 S _06.370 S 5_ 3 7 g 1 96.458 SUPPLEMENTAL SCHEDULE OF NON -CASH INVESTING AND FINAL CING ACTMTIES: House purchased (sold) • Anoka County S (50 nnrn _ �--- - g00) S 0.000 j E See Notes to Financial Statements. 6 i 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 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 Pee . lies. This also includes senior services which assists seniors to remain a r Advocacy and special events for fami y 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 5188,900. 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 - sufficiency. 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 5=103,477. 7 A 1 COMMUNITY EMERGENCY ASSISTANCE PROGRAM, INC. • STATEMENT 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 S 325,504 S _ S - S 325,504 S 314,025 United Way allocation 216,149 - - 216,149 22 Governmental contracts and grants 220,827 _ 5,785 220,827 255,257 Program services 73, - 73,827 71,174 Investment income 17,161 161 34,528 51,689 56,531 Realized gain (loss) on investments (40,981) _ Unrealized gain on investments 22,678 (40,981) (29,467) Other income 414 - - 22,678 45,306 - 414 - --- 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 Fund raising 5; 160,937 �g -- 29 - 2 E533 36,531 180.426 169 7-411 188 007 197.468 Total expenses - 870,898 22.339 _ 36.529 - 928.766 936.431 Excess (deficit) of support and revenue over expenses L--_(17 016) S (6.114) 3 (36-529) S (59 659) S 5,665 See Notes to Financial Statements. i y i I I i i j 3 ; • COMMUNITY EMERGE ASSISTANCE PROGRAM, INC. • STATEMENT OF CIIANGES 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 I al a= Fund Grant h nrovements 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 mouse (50,000) - (8,916) - (58,916) - 58 Transfer of long -term debt (4.627 - - - (4.627 - 4.6 (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 (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. $_j02,�j8 $ 188,900 $ - $ 25.000 $ 323.28 $ 767.097 $ 403,477 See Notes to Financial Statements. 4 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 O 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 ate g ry s through February 5 1997. azY , 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 deductible. 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 presentation of prior P (i.e., C p p 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 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 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 ith generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contin 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 of 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 Or 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 pass through the Organization 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 S 155,000 Food 234,000 Holiday program 58.000 S 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 5100,000. 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 S653,669. 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 5 699.742 Note 5. Long -Term Debt: Long -term debt consists of the following: i Mortgage note payable, due in monthly installments of 5579 including interest at 9%, due June 1, 1999, secured by building S 18,189 i Less current portion (5,536 • S 1.653 ' f 10 COMMUNITY EMERGENCY ASSISTANCE PROGRAM, INC. NOTES TO FINANCIAL STATEMENTS (CONTINUED) Year Ended June 30, 1996 Note 5. Lon; -Term Debt (Continued): The note matures as follows: 1997 $ 5,536 1998 6,056 1999 6,597 S 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 S 30,000 United Way First Call for Help 6,180 Program specific contributions 21.186 S 57.366 ote 7. Pension Plan: The Organization has a defined contribution annuity plan covering full -time employees. Under the plan, the Org anization contributed tnbuted 590 of salaries and w o a es for the year ended June 30 1996. Expense w 6 p as S 18, 844 during the year ended June 30, 1996. Note 8. Commitments and Contingencies: The Orga nization � �anization 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 g m federal and state agencies are u ' g s b ect to a enc J s y a udit 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 • a CEAP COMMUNICATOR Community Emergency Assistance Program, Inc. Fall 1996 CEAP KIDS GO - BACK TO SCHOOL!' "M teenage daughters were so pleased. Everything they got (including book bags) were just what I would have picked out and reall cool ". M thanks and love y t CEAP for our hel My .. y p Brooklyn Center Office o cl Assis This year .marked the first collaboration between CEAP - and., the Brooklyn Park Target Greatland. �_ � ' Of After many years working with the Carin Tree o O, g Program, the Brookl n N ot gr' Center C � Y FAP ventured out on their own to work with Target to to double' r g �Y le number of kids. that would receive sch 6 0 0 school supplies. Target su O lied the location,- v PP Leers, publicity, � and of course, their name. From August C 9 -18, volunteers from the community staffed a V table at Target everyday' to .hand - out students t TARGET names and collect the supplies. With the support of a,V • & n community residents, CEAP was able rovide 339 students with supplies for the new "Being a single mom is hard, but friends like CEAP keep me 'TF ool yea school r. Next year we hope to serve even more going. Josh and Karl loved the things they got for school, it kids! A sp ecial thank o meant a/ot that the had their stuff u to Tar the first da ofxhool. P et Great! y Y and Duke Y Target Thanks to CEAP and our neighbors who donated such nice Zurek, Chris Simon, Kids Crew and . all of the local s . Ann thin - 9 volunteers. who helped with the program this ear. All the extra supplies that we had were donated to Anoka County Office. 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 Mail made it possible. The Caring Tree program is sponsored at malls across the state b `� CY P y the Minnesota Shopping Center Association and local service.. organizations. Each Au gum, 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 child's name from the tree. and bought the A UGUST 9 -19 a ppropriate school supplies for that child. The Caring Tree booth was located at Northtown from August 9 -19. The booth was staffed by local w'al:Na!C.xG 'eew st+egidf ��W.x..�.. community volunteers. Special corporate support through the united Way's week of.Caring came from M a volunteer force from Medtronic Corporation, CEAP would like to thank the community for their support less fortunate kids in their own neighborhoods. P8 ;Si± Executive Viewpoint - by Tia Henryjohnson 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. • y CEAP is available to the CEAP has sold its current building at 7231 Brook Blvd. we are sad to move but - part of life is change. Our board of directors and it's building committee have been people of the co mmunity busy helping to locate a new home for us. We believe we have found the right place. to meet their Critical Our building is located at 6840 78th Avenue North in Brooklyn Park. It is 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 dignity as human extensive campaign to notify the community about our move. Be sure to look for beings. future information. 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 impact this legislation will have for our < community's families.. Our concern is not that the welfare system isn't long overdue for major U ' ? 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 „ tj , sufficient jobs for lower skilled. individuals that pay a living We wage 40% increase in have seen a ` the number o working poor families who cannot meet the-basic needs of tood and shelter for their families. Now 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 �• - . g t The briefing session that we have attended estimate that we can expect to see as continualy 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 812 individuals. quest for undoing racism Estimated increases for our food shelf effective January 1 could . mean: serving 690 families and over' 1,450 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 for—communities. 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 anda 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 Anonymous are receptionist . Wanda - enjoys ) o ys Santa g iven to childr 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 u a. receptionist at CEAP is to Tribune. If you would like to contribute .or 4 = 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 seeking help. She enjoys this newsletter. The Anoka County CEAP is 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 - Family program. The last day to has helped with the accept families will be December 4, 1996; They provide anksgiving and Christmas Christmas baskets to as many families as the community will ograms, and has helped to support. ' Many of the families served -not able to organize h g the Back to School m an other p If our l Wanda also provides p articip ate Y p fa :Program. - � Y Y' group or organization would like to adopt a less fortunate secretarial support for the stag 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 . C�A�'S W is h l.is to do the many special events and projects without her help. Wanda is always there for Meals At Your Door Drivers CEAP, we really appreciate Clothing Closet Vouunteers, her.,, . Holiday food Wanda and her husband Rich have lived in Coon Rapids Holiday Toys: since 1969 and have two Monetary donations grown daughters. They are HandyWori ers members of Christ Lutheran Tood Sh¢I f 'Volunteers Church in Blaine. $read �riv¢rs If you would iil a more information on any of these opportunities to h¢ip, please call 566 -9600 or 785 -4930. CEAP, Inc 7231 Brooklyn Blvd Non -Profit Or- "* Brooklyn Center, MN 55429 US Postage PAID Minneapolis, Minn CEAP, Inc, Permit No. 2356 7231 Brooklyn Blvd Brooklyn Center, MN 55429 (612)566-9600 (612)566 -9604 Fax ServinZ Brooklyn Center Brooklyn Park CE", Inc. 1201 891h Ave NE, Suite 130 : Blaine; MN 55434 . ( 4930(612)783 -4700 Fax Serving Anoka County CEAP COMMUNICATOR Executive Director. Tia Henry- Johnson 1995 CEAP SERVICES Board President: Ron Heinz 18,332 people received 274,978 meals Communicator Editor. Cathy Schwingler from CEAP's food 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 318.75 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 fall. 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 position with Terry Companies, Inc 4 days and is our new Treasuref. 219 seniors and disabled use the HandyWorks program 53 families received loans through the LEAP Board of Directors . Family Loan Program for a total of 597,693 Wait Beneke Mary Ellen Cox Bruce Dougan 616 families received financial Jane Ewing -1st Vice President Paula Foster Charles Gendreau - Secretary • assistance in the amount of 3130,110 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 Brooklyn Center, MN 55429 o a (612) 566 -9600 (612) 566 -9604 FAX t7 Monday - Friday 8:30 - 5:00 SERVING a Brooklyn Center �Y ASS1S Brooklyn Park ''� �G�N ),, * CEAP 1201 89th Ave NE, Suite 130 Blaine, MN 55434 Anoka County Human Service Center (612) 783 -4930 (612) 783 -4700 FAX o Monday - Friday 8:00 - 4:30 v � / Cl) SERVING All of Anoka County CEAP is striving to continually recognize human diversity. CEAP will be a leader in the quest for . undoing racism with a commitment to Aft 2 5 YeArs, inclusiveness for all members of the community. CEAP is more thAti Just a foo5 shelf... A United Way Agency f 1 A community -based agency. CEAP was founded in 1970 in response to a growing need for human services in the Brooklyn Center / Brooklyn Park area. CEAP opened the Anoka County office in 1987. A mission of community concern. CEAP is available to the people of the community to meet their critical needs while preserving their dignity as human beings. VOLUNTEER SERVICES FAMILY SERVICES SENIOR SERVICES Volunteers are the threads which hold together Family Services are offered to families to meet Several programs are available for persons the fabric of CEAP's services. Their activities their basic needs: food, clothing, and shelter. over 60 and persons with disabilities. Each convey CEAP's mission of pooling community Families living in CEAP service areas may be program is designed to enhance the ability of resources through volunteerism. They donate eligible for the following programs: clients to stay,in their own home, maintain .. time, care, experience and energy, make independence and lead full lives. These programs vital and efficient, and add the . ♦ Food Shelf programs are offered at the Brooklyn Center human touch" to CEAP's services. office and include: ♦ Clothing Closet - Brooklyn Center Location CEAP provides the following volunteer ♦ Christmas Program - Brooklyn Center opportunities: Location ♦ Meals at Your Door ♦ Blood Pressure Screening + Financial Assistance ♦ Handyworks Services ♦ Individualized Family Services ♦ Blood Pressure Screening ♦ Clothing Closet ♦ Family Loan Program ♦ Tax Preparation • Data Entry ♦ Family Peer Advocates ♦ Friendly Visitors ♦ Food Shelf t ♦ Information and Resource Referral Funding for CEAP is provided by: ♦ Meals at Your Door Assistant ♦ MAC /NAPS Distribution Site Local churches ♦ Meals at Your Door Driver ♦ Career Clothing Federal and state governments ♦ Office _ Hennepin and Anoka Counties ♦ Reception Desk ♦ Job Resource Cities in our service area ♦ Back to School Program �+ - Foundations and corporations • Quilting Group Individuals ♦ Christmas Program Help at the right "time often prevents a crisis The United Way of Minneapolis Area ♦ Back to School from occurring. Family Services protect ♦ Job Search Assistance children, families and individuals from situa- tions that disrupt the stability of daily living. A Donations of money and food accepted at special needs fund may be available to families both CEAP offices. Donations of clothing not able to access other sources. accepted at Brooklyn Center location only. ax Community Act for Suburban Hennepin • Community Education Mr. Brad Hoffman Community services City of Brooklyn Center Emergency Assistance 6301 Shingle Creek Parkway Homeless Family Support Brooklyn Center, MN 55430 January 31, 1997 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 r Hennepin (CASH). 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 pe o ple in your community. 0 Home Buyer Education W have added a repair /rehab element to our homeownership program. This new -meowner Counseling 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 -loth avenue S. Sincerely, Suite 150 Hopkins, 55343 Business (612)9)9 33 -9639 Tenant Hotline 933 -CO17 Sharon A. J nson Energy Assist. 930 -3541 Executive Director Fax 933 -8016 TOO 935 -4011 Enclosures: In idiCommun HOME Line p rogram description's �ilding Community p g p • Data sheets on renters hotline, homeownership programs f2r OM: .QJyhO �.aCA1UNTY 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 2 8 Line. This represents service to approximately 286 ; 2,900 residents when all family members are 16 9 ; ; counted. Through the help of HOME Line, tenants have received $2,562.69 back from improperly 0 withheld security deposits and $4,113.00 in rent 1992 1993 1994 1995 1996 abatements (refunds for substandard conditions.) Brooklyn Center A vast majority (over 98 %) of Brooklyn Center Callers' Incomes callers (1 992-1996) to HOME lane are low and moderate income. These income categories are those used by the U.S. Department of HUD: ® Low 89.7% Low = incomes below 50% of the Metro median ® Moderate 8.9% income; Moderate = incomes between 50 and 80% of the Metro median; High 1.8 Higher = incomes above 80 /a of the Metro median. Community Renters Education Program ME Line's Community Renters Education Program rovides education to high school studen P g ts, (P Y rimaril seniors Wresentations to tenants f a o area agencies, information booths at community events and trainings to volunteers/staff from ag encies. Hinh School Presentations Number of students (Number of presentations) Name of School 1 993 1994 1995 1996 Bloomington Jefferson 73 (3) 0 0 22 (1) Bloomington Kennedy 90 (3) 0 30 (1) 2 4 2 The h' h h ( ) sch Brooklyn Center 4.Sz 2 C__1 �-$- LT1• g 4- C31 . Q p resentation Champlin Park p P 40 (2) 0 82 (4) 219 (8) savers 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) Edina 38 (2) 0 0 0 of renters. The Excelsior 0 0 0 10 ( t) presentation Hopkins 156 (6) 26 (2) 82 (3) 110 (7) Can 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- nter 35 2 60 LU 0 L class schedules. Richfield 60 (2) 47 (2) 58 (2) 60 (2) Robbinsdale- Armstrong 62 (2) 0 25 1 27 2 Robb insdale-Coop er 56 (2), 59 (2) 56 (2) 55 (3) Rockford 0 0 0 8 (t ) t. Anthony 0 0 15 (1) 18 (1) �. Louis Park 0 12 (1) 15 (1) 86 Wayzata 24 LL 3a Uk Q 0 TOTAL 726 (30) 379 (1 7) 625 (24) 1,029 (51) Other Educational Activities Presentations Community Events HOME Line receives requests HOME Line's Travelin Renters Training S from agencies and organizations Education booth is designed to voluneers times pereyear duri ni g ts ho is 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 learning Issues for their staff and HOME Line employees and the basics of landlord/tenant 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 and are tailored to meet the materials on landlord/tenant organizations and agencies, as well as property needs and time available, issues. We have articl ated In owners and managers. To dais, representatives R P of the following groups have received this the following events. training. Association for Rental Crystal Frolics American Indian Housing Pillsbury House, Censer Mall of America, Corporation, Minneapolis Minneapolis WCCO Booth Bill Kelly House, Pillsbury Neighborhood Bloomington Managers and 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, Knoliwood Mall Corporation, Minneapolis Bloomington, Minneapolis 'Community Bazaar' Eden Women's Program, Brooklyn Center, Edina, Minneapolis, Plymouth, Community Resource Center, Minneapolis St. Louis Park, and SL Louis Park Paul Ht. Brooklyn Park Party in the Park amline Coalition, St. S Paul Salvation Army, Project O Creekside Community Center, Heartland Community Breakthrough, Minneapolis Bloomington Action, Wismar ScotUCarver /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, SL Anne's Shelter, Thorson Family Resource Minnetonka Minneapolis 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 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? - How7o 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% 165% i Low - Below 50% of Median Income ■ Moderate - 50% to 80% of Median Income O Upper - Over 80% of Median Income There were children in 81 % of the Brooklyn Center homes. Type of Household ' 70 60 i 50 40 30 20 10' 0' • Farrifies Single Adults Seniors With Parent Only children Families Page Three HOME Line's Center for Homeownership • Brooklyn Center Data The main reason for default was unemployment. Main Reason for Default ■ Unemployment -•� ■Health 30 Z,t. 0 Divorce/Separation 20 ' OMoney Mismanagement ice'' 10 � � ; 111 Not Affordable 0 ® Other 1 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 ®104 Homes Saved ■ 10 Homes Sold 0 20 Foreclosures ' .y h Communit Acton for Suburban Hennepin HOME Line's Programs for Renters Community Education Community services Tenant Advocacy (started in January 1992) - We offer a free call -in or walk -in service providing information and advice on Minnesota tenant /landlord 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. HOME T enant Organi inn (May 1992) - Our tenant organizers assist groups of tenants r-t with common problems in a given complex. These problems tend to be maintenance /repair related or instances of management abuses. Organizing ® 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 Leoal MYDL � (September 1993) - HOME Line offers free legal representation Home Buyer Education to families with children who are facing eviction from rental quarters. Services o Homeowner Counseling are provided by an attorney in private practice under contract to CASH. The ome Rehab counselin 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 -10th 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 TDD 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. C EWAL Homeowner Edu cation 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 buyers, we also have limited financial assistance to help pay 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 W d Reoair (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 bu yers will be offered educational tonal opportunities and individual counseling n i g basic home maintenance. Homeowner wanting anting 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. PostourchasP prevention) (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 f o o low inc � ome; another 30 /o 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 Sheet17 COMMUNITY ACTION FOR SUBURBAN HENNEPIN • BUDGET DRAFT 1997 EXPENSES TOTAL BUDGET GENERAL EAP SALARIES 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 Attomey $ 1,000.00 $ 900.00 $ 100.00 HC Attomey $ 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 Is 56,400.00 $ 16,000.00 SUPPLIES POSTAGE $ 10,000.00 $ 7,000.00 $ 3,000.00 PRINTING $ 11,000.00 1 $ 8,000.00 $ 3,000.00' SUPPLIES $ 23 1$ $ , 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 S 7,407.00 $ - TOTAL $ 1,064,695.00 $ 894,675.00 $ 170,020.00 • Page runes -- uPeCd; 10 n i tcevenues Sheetl COMMUNITY ACTION FOR SUBURBAN HENNEPIN • BUDGET DRAFT 1997 REVENUE SOURCE AMOUNT GENERAL EAP MEOG $ 379,879.00 $ 379,879.00 CSBG $ 247,816.00 S 247,816.00 INCREASE CSBG $ 40,000.00 $ 40,000.00 CDBG - PLYMOUTH $ '7,500.00 $ 7,500.00 CDBG - URBAN $ 30,000.00 $ $ 0 000.00 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 —A. niid C;l d(ii CASH /HOME line FY 97 C08G 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 9 { 6 } 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 of Housing nd Urban Development' to men t 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 3 g� City of Brooklyn Center A great place to start. A great place to stay. • MEMORANDUM TO: Mayor Kragness, Councilmembers Carmody, Hilstrom, Lasman, and Peppe FROM: Michael J. McCauley, City Manager DATE: March 5, 1997 SUBJECT: Heritage Festival Councilmember Hilstrom requested that a copy of the attached letter to the editor from the March 5, 1997, Brooklyn Center Sun -Post be included with these materials. Attachment 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer u11 11.� 11 UL Ult: vices "'nu went (JUL into Lernote come people say we have had gay and lesbian communities to places and fought so that' they too many rights for too long, and join together to change the laws might have those rights. So, ba- now is the time they should be about same -sex marriages, and sically, all of their so- called done away with. to bring others to accept that rights come from the actions of A case in point is 72- year -old these marriages carry the same the American veterans. Adolph "Doc" Wussow, a former privileges of those of heterosex- A grateful nation decided to army sergeant who saw action ual couples, grant these same veterans some in the Pacific , during World War • e o IS M s Kid 's Connection versation.at Thursday's supper tival came from all areas: the table: business community, local Ro- benefits children We as parents would like to tary and Lions Clubs, and other see the state give more grants units of government including To the editor: for these programs because we Hennepin County, Brooklyn I am writing in response to an know our child's safe, there-are ';. Center and.-Osseo school dis- article written by Lauri Winters a variety of programs and actin - tricts and the cit j of Brookl in Your Feb. 12 issue. It was the 'ities for the' children to learn Park. article on 'state grant for chil- . and grow from, they are super- Why Brooklyn Center should dren's programs pays. big divi - vised and it offers transporta- not provide some financial sup; deeds. Lion. - port for this important commu- Our daughter is involved Most importantly; these clnl nity celebration - is difficult to with the Kid's Connection `pro- dren are our future: understand.. . gram. We feel it's a great pro,- Nancy and Gary Novotny In fairness to . Mayor Krag- gram which allows her to be Brooklyn Center mess and Councilmember Las with other children learning ' man, they voted to support the things about life and their coin COilnCil. s decislOn festival. munity. - Councilme'mbers Carmody, The variety of activities in-- missed, chance Hilstrom and Peppe . - you cludes trips to the library, police missed a great opportunity to department, a storyteller, Step- To the editor: partner with the -many volun- ping Stone Theater, sledding, The decision by the Brooklyn teers who spent countless hours crafts and arts projects which . Center City Council not to sup- improving cultural understand - are some of the programs ' <_ port this year's Heritage Festi- ing in this community, planned b Mair Owen teacher her v al leaves me uestionin their q g Duane Ostlund at Evergreen Park School. commitment to increasing cul- 1997 Heritage Festival Stepping Stone Theater of aural understanding within our Chairman fers conflict resolution, respects communities.: of one another, non- violence 7 _.: The annual. Heritage Festa . Ptib11C'$ ill ?ilt techniques - and self esteem -- val draws nearly 2,000 adults - building We feel she has bene- and children- and . presents aids legislators fited greatly as far as" belonging crafts, entertainment and food to a group,. building her self-es- i ; displays representing the won-, To the editor: teem and most important, derful cultures making up our I want to thank all of the peo- looking forward to Thursday's neighborhoods and workplaces pie . who attended: and partici- Kids Connection t It's the - con Financial support for the fes- : pated at the town'hall meeting— held by Sen. Linda Scheid and I on Saturday;Feb :22. _ BROOKLYN CENTER-`- We :had (: an ,v outstanding 3 <., r a ,�;� _ we .:had the bes� we've ever had.: Thank you for_ showing up :- and sharing your - concerns and o ... , .., questions' ti -,. Sen. Scheid and I mailed an legislative questionnaire to the .. .. .:. _ _ -,: hVJW(..n.am.. _. people of District-47B (most of -: - Bnx,klyn Parlr, Bn),Myn Cmwr. Robbiaalaldcrystai, Hcw HopdGWdcn Wi N. M�1,.. - Brooklyn Center and the south Sun•Post Newspapers, 4080 Broadway -Suite 113, Robbiassdale, MN 55422 ;: 536 -7500 central part of Brooklyn Park) If YVONNE KLINNERT LAURI wINTERS DAVE PEDERSEN for some reas you did not re= Managing Editor , - `- CoMMunit� Editor Sports Editor ; 896 a73z 536.7507 S36 -7506 ceive one, feel frt?e to call my office at 296 -3709 and one will be mailed _ - - to you. Filling out this question- ©1997 Published Weekly By • naire helps us do a better job. Thanks again for all the MINNESOTA SUN PUBLICATIONS swrcurrent s ur"Post Surrsailor , input you provided to us. It 7831 East Bush Lake Road, BiootWngton, MN 55439 896 -4700 . - helps us to represent you. DENIS L. MINDAK Rep Phil Carruthers v Publisher and Chief Operating Officer fp District 47B Display Advertising / 896 -1700 Classifieds / 831 -1202 Circulation / 896.4800 " Brooklyn Center i City of Brooklyn Center A great place to start. A great place to stay. March 3, 1997 Mr. Duane Ostlund President Marquette Bank 5620 Brooklyn Boulevard Brooklyn Center, MN 55429 Dear Mr. Ostlund: Enclosed please find copies of the materials that City staff assembled researching past funding of the Heritage Festival. As indicated in the materials, the City provided $1,000 contributions in 1993 and 1994, presumably for the 1994 and 1995 Festivals. Enclosed in the materials you will see that the City Council did not fund a Heritage Festival contribution for the 1996 Festival. Additionally, no application for funding was received from the Heritage Festival for the 1997 budget, though an application was sent on May 31 by the Assistant City Manager soliciting applications for 1997 funding. These materials will • be the background submitted in response to the Council's tabling of the Heritage Festival request. Sincerely Michael J. McC e City Manager enc. • 6301 Shingle Creek Pkay, Brooklyn Center, .3/IN 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 Michael McCauley • From: Tim Johnson To: Charlie Hansen; Michael McCauley Subject: Heritage Festival Date: Thursday, February 27, 1997 12:58PM I found two payments to the Chamber of Commerce for the Heritage Festival: 12/22/93 - $1,000 11/10/94 - $1,000 Tim. • r Page 1 City of Brooklyn Center A great place to start. A great place to stay. MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk WLSu —9jY jiV t DATE: February 27, 1997 SUBJECT: Heritage Festival Attached please find correspondence relating to Heritage Festival funding requests for the 1996 and 1997 budget. A letter dated December 19, 1995, from Assistant City Manager/Personnel Coordinator Nancy Gohman to Brooklyn Center. Chamber Executive Director Mary Welch indicates no funding was allocated for Heritage Festival for 1996. • A letter was sent out May 31, 1996, to nine organizations (including Heritage Festival) asking them to submit their funding�requests for the 1997 budget by June 10, 1996. In September the Council met with the organizations who requested funding (Heritage Festival did not submit funding request), and on November 15, 1996, a letter was mailed informing them who was funded. Attachments I I l 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer City of Brooklyn Center A great place to start. A great place to stay. • December 19, 1995 Mary Welsh, Executive Director Brooklyn Center Chamber 6205 Earle Brown Drive Brooklyn Center, MN 55430 Dear Mary: This letter is to inform you that the 1996 budget was adopted on December 13, 1995 with no specific allocation for the e Herita e festival or n o budget for Heritage g o the Human Rights and Resources g Commission to specifically fund such requests. I advise you that funding requests from the City for Heritage Festival should be requested to our new City Manager Mike McCaulley. If you have any other questions regarding this please don't hesitate to call me at 569 -3300. • Sincerely, cy Gohma Assistant City 1 anager/Personnel Coordinator CITY OF BROOKLYN CENTER kw 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 May-3 1, 1996 • Mary Welch Discover the Center 6205 Earle Brown Drive Brooklyn Center, MN 55430 Dear Ms. Welch: It is time again for the City of Brooklyn Center to ask you for your funding requests for 1997. The City of Brooklyn Center asks nonprofit organizations who request funding to fill out the attached application for contractual services for the City of Brooklyn Center. Please review the documents and forward the information to my office no later than June 10, 1996. We look forward to hearing from you. As always if you have questions, please call me at 569 -3303. Sincerely, Nancy Gohman Assistant City Manager \Personnel Coordinator NG:dn • enc. Tia Henry Johnson, Executive Director Project P.E.A.C.E. CEAP 5637 Brooklyn Blvd.,Suite 200H 7231 Brooklyn Boulevard Brooklyn Center, MN 55429 Brooklyn Center, MN 55429 Kris Hall, Administrative Director Patricia Wilder, Executive Director Brooklyn Peacemaker Center, Inc. NWHHSC 5637 Brooklyn Blvd. 7601 Kentucky Avenue North Brooklyn Center, MN 55429 Brooklyn Park, MN 55428 Bonnie Lukes, Executive Director Rita DeBruyn, Senior Program Coord. North Hennepin Mediation Program Five Cities Senior Tranportation 3300 County Road 10, Suite 212 4221 Lake Road Brooklyn Center, MN 55429 Robbinsdale, NIN 55422 Mary Welch Joe Rian, Board Chair Heritage Festival INVITE, Inc. 6205 Earle Brown Drive 5000 Newton Avenue South Brooklyn Center, MN 55430 Minneapolis, MN 55419 Mary Welch Discover the Center • 6205 Earle Brown Drive Brooklyn Center, MN 55430 City of .Brooklyn Center A ;rent place to start.: great place to stay. • November 1 5. 1996 Dear: Thank you for meeting with the City Council to review and discuss your request for funding for 1997. Due to budget limitations, the City Council could not fund all requests; 530,000 was designated for social service programs for the 1997 budget. Requests were received from the following groupsipragrams: Brooklyn Peacemaker Center, Inc.; CEAP; Five Cities Senior Transportation. North Hennepin N1ed' radon Program• Northwest Hennepin Human Services Council; Project PENCE; Brooklyn Center Youth Football; Brooklyn Center Youth Hockey; Brooklyn Center Community Band; arid Discover the Center. At its October 21, 1996, work session, the Council allocated the funding as follows: S U- Five Cities Senior Transportation !..000 North Hennepin Mediation Program 16,663 Nordliw'est Hennepin Human Services Council g9:� -� Project PEACE 2.000 Brooklyn Center Youth Football 2.500 Brooklyn Center Youth Hoc' ev 2,000 Brookly Center Community Band The Council struggled with the allocation of limited resources with requests from very worthwhile and valuable community service organizations that exceeded the 330,000 of available resources. Sincerely. Michael J. McCaulev City Manager cc: -favor and Coi-mcil �1errbers `ancv GOil= Assistant C'. anaaer: ResCU_ -Ces D ?r-Ctor • 5301 _mingle Creek Pkwy Brooki_:n Center, lIV 55430 -2199 • Clty cell & ?TDD umber (612) , 56 9-3,300 Pzcrearion a d COMM:... '' Center R, one & TDD �; y 1 '61?) 56- • F1 Y : 6__�1 o- �a4 L .�; lrma_`C�e Act"Xn/ cu=l QpPorSr.rLi:. - es E mployer [s. Michelle Cleveland i✓Is. Jeanne Schuman Project P.E.A.C.E. Brooklyn Center Youth Football • 5637 Brooklyn Boulevard 6801 Quail Avenue North Brooklyn Center, MN 55429 Brooklyn Centec, �N 55.129 Ms. Kris Hall Ms. Debby Diamond Brooklyn Peacemaker r Brooklyn Cente. , . Youth Hockey 5657 Br ' Brooklyn Boulevard 4113 Joyce Lane Brooklyn Center, MN 55429 Brooklyn Center, bN 55429 ivls. Tia Henry- Johnson tits. Sue Lindstrom CEAP Brooklyn Community Band y 7231 Brooklyn Bou levard at CE 4P Way 4403 Adair Avenue North Brooklyn Center, itiN 55429 Crystal, ivN 55422 NIs. Rita DeBruyn Mr. Rodney Snyder Five Cities Senior Transportation Discover the Center 4221 Lake Road 6408 Willow Lane Robb insdale, NN 55422 Brooklyn Center, vN 55430 GIs. V eronica V. Lukes North Hennepin Mediation • 5300 County Road 10, Suite 212 Brooklyn Center, ivN 55429 Ms. Patty Wilder Northwest Hennepin Human Services Council 7601 Kentucky Avenue North Brooklyn Park, -NN 55428 • City of Brooklyn Center A great place to start. A great place to stay. • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City lerk ty DATE: March 3, 1997 SUBJECT: Liquor License Refund Request Ordinance Survey At its February 24, 1997, meeting, the City Council requested staff to survey some other cities regarding their ordinances related to liquor license refunds. I surveyed some metro cities requesting information on how their liquor license ordinance reads specifically related to refunds of liquor license fees. The results are as follows: Brooklyn Park - no refunds, no wording in ordinance regarding refunds • Crystal - same as Brooklyn Center Golden Valley - same as Brooklyn Center New Hope - no refunds, no exceptions Plymouth - same as Brooklyn Center Richfield - no refunds Robbinsdale - no refunds, no exceptions Should you need additional information, please let me know. Attachments • 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer �r�Kly� YarK 5ection 5uv: i u Subd 22 22 451:30 Leasing trucks, For one year or any S 125.00 • trailers, campers portion thereof ending and boats December 31st following effective date of the license 23 800:00 Liquor Bottle Club, annual S 300.00 (see also beer) 805 :40 Off -sale, annual $ 200.00 805 :40 On -sale, Class A $ 7,500.00 annual On - sale, Class B $ 7,000.00 annual 805:40 Sunday sale, annual 5 200.00 805:40 Club on - sale (M.S.A. $ 200.00 340-11-7) annual 820:10 On -sale Wine Per annum - Payable in advance on or before_ Juty $ 800.00 1 st of each year • 24 455:35 Multiple Housing Annual license - payable $ 75.00 Dwelling Licenses for each building on March 1 st of each year Annual license - payable for each unit on March 1 st $ 7.50 of each year Single Family and Annual license - payable $ 50.00 Two Family Rental for each unit on March 1 st Dwellings of each year References to ordinance amendments are at the end of Section 500. Z0'd dsZ :IO 16 -20 -ZO 16L3 26b Z19 .'ON Xtlj NA 7N000j+9 a0 Subd. 3 Subd. 3. "Off -Sale" licenses shall be granted to permit the sale of liquor at retail in the original package for consumption off the licensed premises only. • Off -Sale licensed stores may provide samples of malt liquor, wine liqueurs, and cordials which the licensee currently has in stock and is offering for sale to the general public without obtaining an additional license, provided the malt liquor, wine, liqueur, and cordial samples are dispensed at no charge and consumed on the licensed premises during the permitted hours of off -sale in a quantity less than 100 milliliters of malt liquor per variety per customer, 50 milliliters of wine per variety per customer and 25 milliliters of liqueur or cordial per variety per customer. Subd. 4. "Sunday Sale" licenses shall permit the sale and consumption of liquor on the licensed premises only. Section 805:10. Application for Ugen!es. Every person desiring a license for either "on" or "off" or for "Sunday" sales shall file an application in the form to be prescribed by the State Liquor Control Commissioner and with such additional information as the Council may require. The application for a "Sunday Sale" license may be included with an application for an "On -Sale" license. At the time of each original application for a license, the applicant shall also pay a minimum investigating =fee. This minimum fee shall be five hundred dollars ($500.00) per person on the application and additional direct costs associated with the investigation will "be billed to • the applicant(s). The minimum investigating fee shall not be subject to refund: if the expenses of the investigation relating to any application exceed the minimum investigating fee, the City shall notify the applicant of this fact and shall require the applicant to pay an additional investigating fee which the City Manager deems necessary to complete its investigation of the applicant. The applicant shall pay such an additional investigating fee . within five (5) days of being so notified. If such additional investigating fee is not paid within such 5 -day period, the City shall discontinue consideration of the application. Each application shall contain a provision on the application in bold print indicating that any withholding of information or the providing of false or misleading information will be grounds for denial or revocation of a liquor license. Any changes in the information provided on the application or provided during the investigation shall be brought to the attention of the City Council by the applicant or licensee. If said changes take place during the investigation, said data shall be provided to the Chief of Police or the City Manager in writing and they shalt report the changes to the City Council. Failure to report said changes by the applicant or the licensee may result in a denial or a revocation of a license. Section 805:05. Subd. 3 amended by Ordinance #1989- 628(A) Section 805:10 amended by Ordinance #1972- 122(A) Section 805 ::10 and Section 805:15 amended by Ordinance #1981- 371(A) • Section 805:15 amended by Ordinance :1986- 517(x) Section 805:15 repealed by Ordinance 7#1987-580(A) Section 805:10 amended by Ordinance ;1990- 664(A) �0'd dSZ:tO Lo -�2 -S0 15£8 S5b ZT9 :'ON XCd X�!d NAINOO d0 AITO :W08:f Section 805:20. Regulation • Subd. 1. No Off - Sale liquor license shall be issued except in a commercial or business use district. Subd. 2. All licensees must prove to the Council that they are financially responsible and of good moral character. Financial data submitted as a part of the application shall provide complete information to satisfy the City Council that the applicants have financial capital to commence business and to operate the business. The City Council is concerned that lack of capital could lead to sales practices which are contrary to the general welfare of the community. Subd. 3. The number of "Off -Sale" licenses shall be limited to allow no more than one such license for every 4,000 residents. This provision shall not apply to combination on and Off-Sate licenses and shall be reviewed when the population of the City equals L (0) or surpasses 65,000 people. Subd. 4. In a new area being opened to commercial development or if a new structure is being built in an existing commercial or business use district, or if an existing structure is being remodeled to house a new On -Sale and /or Off -Sale license, the 7, applicant /licensee shall agree as a condition of acquiring said license that all T construction shall be completed within a specified time but in no event shall said time exceed a reasonable period as determined by the Council at the time of Council • approval. Failure to have completed construction and to have obtained a Certificate of occupancy and to be in operation within the specified time shall result in automatic revocation of the license. The applicant /licensee shall then be required to file an application for a new license, shall provide all data required for any new licensee and shall complete the entire licensing process. Section 805:25. Bond ReQuired A bond with a corporate surety shall accompany each application for a license. If the application is for a "Sunday Sale" special license, such bond requirement may be met by a separate bond or by the inclusion thereof in an existing "On -Sale" bond when accompanied by a proper endorsement or certificate showing inclusion of "Sunday Sales ". In the case of an application for license for "On - Sale" or "Sunday Sale" or both, the application shall be accompanied by a corporate surety bond in the sum of $4,000.00, or an endorsement or certificate as aforesaid, to be approved as to legal form by the attorney for the City and as to the sufficiency by the Council; or in lieu of such bond, cash or bonds of the United States of a market value of $4,000.00 may be deposited with the Treasurer on the same conditions as provided in the penalty clause of the required surety bond. In the case of an application for an "Off -Sale" license, a similar surety bond or cash or United States bond equivalent shall be required, but the amount of such bond shall be $2,000.00 and shall be approved by the State Liquor Control Commissioner. • Section 805:20 amended by Ordinance x1981- 371(A) Section 805:20 amended by Ordinance #1986- 517(A) Section 805:20 amended by Ordinance #1989- 639(A) 40'd d9Z: TO 46 -20 -20 1628 £6b Z19 ON Xd:i NN8 NA 7000 !+& 3O A1I0 : w021:� Section 805:30. Bona Conditions All such bonds shall be conditioned as follows: • Subd. 1. That the licensee will obey the law relating to such licensed premises. Subd. 2. That the licensee will pay to the City of Brooklyn Park when due all taxes, license fees, penalties, and other charges provided by law. Subd. 3. That in the event of any violation of the provisions of any law relating to the retail "Off -Sale" and retail "On -Sale" and retail "Sunday Sale" of intoxicating liquor, such bond shall be forfeited to the City. Subd. 4. That the licensee will pay to the extent of the principal amount of such bond any damages for death or injury caused by or resulting from the violation of any provision of law relating thereto, and in such cases recovery under this subdivision may be had from the surety of this bond. The amount specified in such bond is declared to be a penalty, the amount recoverable to be measured by the actual damages; provided, however, that in no case shall such surety be liable for any amount in excess of the penal amount of the bond. Subd. 5. All such bonds shall be for the benefit of the City of Brooklyn Park and all persons suffering damages by reason of the breach of the conditions of this ordinance or state statutes. . Subd. 6. If the applicant files cash or United States government bonds, as permitted in this section, the Treasurer shall execute a receipt therefor and a copy of said receipt shall be filed with the Clerk. If government bonds are filed, the licensee shall be permitted to clip and take all interest bearing coupons thereto attached as they become due. Section 805:40. License Fees All license fees as established by the Council from time to time shall be paid at the time of filing the application. (see 500: In the case of licenses granted for premises wherein construction is not yet completed, the Council may grant the license but the Clerk shall not issue the license until the construction is completed in accordance with the plans and specifications approved by the Council. The fee for such license shall be 1/2 of the license fee from the date of approval until liquor sales actually commence on the licensed premises. When sales commence, the full fee shall become effective pro -rated on a quarterly basis. In no event shall a reduced fee apply for a licensed establishment under construction for a period of tonged than twelve (12) months from the date ; of Council approval, the full fee shall be paid for the balance of the construction period. • Section 805:35 deleted by Ordinance r u 1983- 420(A) . Section 805:40 amended by Ordinance 01972-122(A) S0'd dLZ:tB L6 -�8 -�0 1628 £6y Z19 ON xti:i N21d NAINCOMS d Alto :WO?f2 Section 805:80. Revocation Any license granted hereunder may be temporarily revoked • by the Council without notice to the grantee, and a hearing shall then be held by the Council and the revocation may then be made final, for cause. Any violation of any provision or condition of this ordinance or the state licensing law or any falsification of any statement in the application shall be grounds for revocation. Any such license shall be revoked automatically upon the conviction of the licensee of a felony. No portion of the license fee paid shall be returned upon revocation. Section 805:85. ,serving Set-Ups in Unlicensed Places It shall be unlawful for any proprietor of any public place of business, other than a holder of an intoxicating liquor license or a bottle club as set forth in Section 800:00 et seq. to permit the consumption or displaying of intoxicating liquor upon such premises, or in any manner to serve or permit the serving of liquids for the purpose of mixing with intoxicating liquor, and the serving of any such liquids for the purpose of mixing with intoxicating Liquor shall be prima facie evidence that intoxicating liquor is being permitted to be consumed or displayed contrary to the provisions of this ordinance. Section 805:90. Prohibited Sales No intoxicating liquor shall be sold, furnished or delivered for any purpose to any minor or to any person obviously intoxicated or to any other person to whom sale is prohibited by state statute. Section 805:95. Drinking Prohibited The drinking of intoxicating liquor and /or non - intoxicating malt liquor on the public streets; public parking lots, public property, or in • other public areas within the City is prohibited except in designated picnic areas approved by the City Council. The. drinking of intoxicating liquor and /or non - intoxicating malt liquor in automobiles, on the public streets, public parking lots, or other public property within the City is prohibited. Section 805:95 added by Ordinance 1979- 295(A) 90'd dLZ:10 168 S60 Zi9 ON xtld AN,d NAINOONS d0 A113 :WON__ Golden Va l ley 5 5.09 • such employer is liable to all of the penalties, except criminal penalties, provided by law for such sale, equally with the person actually making the sale. SEC. 5.10. LICENSE CONDITION AND UNLAWFUL ACT. Subd. 1. 311 premises licensed under this Cha shall at all times be open to inspection by any police officer to determine whether or not this Chapter and all other laws are being observed. All persons, as a condition to being issued license, consent to such inspection by such officers and without a warrant for searches or seizures. Subd. 2. It is unlawful for any licensee, or agent or employee of a licensee, to hinder or prevent a police officer from Makin such inspection. ec ' p Lion. Source: City Code Effective Date: 6 -30 -88 SEC. 5.11. LICENSE FEES - FIXING AND REFUNDMENT. Subd. 1. Fixing Fees. Except as otherwise specifically provided, all fees for 1i L censes provided far in ,.his Chapter, including, but not by way of limitation, license fee.s, investigation and administration fees, shall be fixed and determined by the Council, • adopted by resolution, and uniformly enforced. Such fees may, from time -to -time, be amended by the Council by resolution. A copy of the resolution shall be kept on file in the office of the City Clerk and open to inspection during regular business hours. For the purpose of fixing such fees, the Council may categorize and classify, provided, that such categorization and classification shall be included in the resolution authorized by this Section. In the case of an application for an on sale liquor license respecting premises wherein construction is not yet completed for the establishment seeking to receive such license, the fee shall be the full annual fee as set t by the Council for the period from-the date of the application until liquor sales actually commence on the licensed premises. When sales commence, the full annual fee shall become effective with appropriate prorations for any periods which have e ela sed p prior to commencement of sales. In no event shall a reduced fee apply w' Pp y ith respect to any application of an establishment under construction for a period of longer than twelve (12) months from the date of application. All application fees are due ue in full before Council consideration will be given to same. Source: Ordinance No. 46, 2nd Series Effective Date: 10 -25 -90 Subd. 2. Refundment. A pro -rata share of an annual license fee for a license to sell liquor or non - intoxicating malt liquor, either en -sale or off -sale, may be refunded to the licensee, or to the estate of the licensee if: (1) the business ceases to operate because of destruction or damage; (2) the licensee dies; or (3) the business ceases to be lawful for a reason other than a license revocation or suspension. Source: Ordinance No. 5- � 2nd Series Effective Date: 1 -17 -91 r ncnr var.r.FV rr• r% 17 d_t_ci E2fE2' G2TSEGg .==Un N=_Q709 _0 liI0 ES :82 riymouEri %-Hy L-cxie ivu�.vl PI - o y Section 1005 - Licensing Procedures • 1005.01. Licenses Required It is unlawful for any person to engage in any trade, profession, business or px ivitege in the City for which a license is required by any provision of this Code without first obtaining a license from the City in the manner provided in this Section. 1005.03. AP plzcal^iQ, • a. Application for a license is made to the City Clerk upon forms provided by the City. The applicant shall state the location of the proposed activity and such other facts as are required for or applicable to the granting of the Iicense. 1005.05. License pee and Term The fees required for a license shall be paid at the office Of the City Clerk before the granting of the license. A license is issued for one year, but if the application is made during the license year, the license shall be issued for the remainder of the year for a pro rata fee, with any unexpired fraction of a month being counted as one month. Except as otherwise specifically provided, the license year shall be the calendar year. No part of the fee paid for any license shall be refunded except in the following instances upon application to the City Clerk within 20 days from the happening of the event. There shall be refunded a pro rata portion of the fee for the unexpired period of the license, computed on a monthly basis, when operation of the licensed business ceases not less than one month before expiration of the license because of: (a) destruction or damage of the licensed premises by fire or other catastrophe; (b) the licensee's illness or death; (c) a change in legal status making it unlawful for the licensed business to continue. (Ord. 95 -42, 08115195) 1005.07. pd and Insurance Required bonds shall be in form satisfactory to the City Attorney, shall executed by two sureties or a uret s y company, and be subject to the approval of the Manager and the City Council. Where policies of insurance are required, the. policies shall be approved as to substance and form by the City Attorney. Satisfactory evidenc of coverage by bond or insurance shall be filed with the City Clerk before the license is issued. 1005.09. Approval or enial of Licenses Where the approval of any City or state officer or the City Council is required prior to the issuance of a license, the approval must be presented to the City Clerk before the license is issued. No license may be approved by any City officer or issued by the City Clerk if it appears that the conduct of the activity for which a license is sought will be contrary to the health, safety or welfare of the public or any regulation, law or ordinance applicable to such activity. 1005.11. License Term. The license term and fee are set by Chapter X (Ord. 95 -42, 08115195) 1005.13. License Ce ificates License certificates shall show the date of issue, the activity licensed and the term of the license. They shall be signed by the City Manager and City Clerk, and be impressed with the City seal. 1005.15. Exhibition of License Ce ;fist - . A licensee shall carry his license certificate upon his person at all times when 'engaged in the activity for which the license was granted. Where the licensed activity is conducted at a fixed place of business or establishment, the certificate shall be exhibited at all times in some conspicuous place on the premises. The licensee . shall present the license certificate when applying for a renewal and upon demand of any police officer or authorized representative of the City. 1005.17. rransfer of Licence Unless otherwise provided in this Code, no license shall be transferable without the authorization of the City Council. Plymouth City Code 1005.19 1005.19. Renewal of License License renewals are issued in the same manner and subject to the same conditions as original licenses. • 1005.21. Revocation; Denial Rgcnen5im A license issued or to be issued by the City may be denied, suspended or revoked by the City Council for any of the following causes: (a) Fraud, misrepresentation, or incorrect statement contained in the application for carrying on the licensed activity. license or made in car pp . (b) Conviction of any crime, or misdemeanor, pertaining to license held or applied for, subject to the provisions of Minnesota Statutes, Chapter 364, as amended. c O Conducting uch licensed activity i u g n such manner as to constitute a breach Y of the peace, or a menace to the health, safety and welfare of the public, or a disturbance of the peace or comfort of the residents of the City, upon recommendation of the City health authorities or other appropriate City official. (d) Expiration or cancellation of any required bond or insurance, or failure to notify the City within a reasonable time of changes in the terms of the insurance or the carriers. (e) Actions unauthorized or beyond the scope of the license granted. (f) Violation of any regulation or provision of this Code applicable to the activity for which the license has been granted, or any regulation or law of the state so applicable. (g) Failure to continuously comply with all conditions required as precedent to the • approval of the license. 1005.23. H_ eari nn . No license may be suspended or revoked until after a hearing is granted to the licensee. Such hearing to be held before the City Council upon due notice to the licensee stating the time and place of such hearing, together with a statement of the violation alleged to be the cause for the revocation or suspension of the license. I 1005.25. Temporary Su$Pe - mj nj The City Council may temporarily suspend a license pending a hearing on revocation or suspension when in its judgment the public health, safety and ,welfare is endangered by the continuance of the licensed activity. 1005.27. In "o s. The City health authorities and other appropriate City officials may enter upon the premises where any licensed activity is being conducted for the purpose of inspection at any reasonable hour. R�ch��elct. Richfield City Code 1200.05, Subd. 7(b) • (b) an application by a corporation, by an officer of the corporation; (c) an application by a partnership, by a partner; (d) an application by en ,incorporated association, by the managing officer. - manager or In the case of a partnership the license and any bond or insurance required required by this section mast be in. the name of all partners. P lacy 1 200.07. Renewal aynlicatioa Subdivision 1. renewal of a nme Applications for the .license must be made at least 60 days prior to the date of the expiration of the license in such abbreviated form as the city council may gpprode. If in the judgment of the council good and sufficient cause is shoe by any applicant for failure to file for a renewal within the time pvid, the council may, if the other provisions of this section are complied with, d waive this requirement and grant the application. Subd. 2_ Accountant's statement. At the earliest practicable time after application is made for a renewal of a license, time that the a Iication i and in any event prior to the PP s approved by the council, the applicant shall file with the city clerk a statement made by a certified public accountant that shows the total gross sales and the total food sales of the restaurant for the month period immediately preceding the date for i2 filing renes:al applications. 1. License fees. Subdivision 1. Psounts. The license fee is fixed in appendix D. Subd. 2. Pa ent_ At the time of an original i one -half the annual license fee shall be paid hen the application n is cation o a iled n and the rema balance shall be paid before the license is issued. At the time of renewal s a License, the total license fee shall be paid when the application is filed. Licenses expire on December 31 of each original license is issued for a portion of a year the 1 year' When an - twelfth o£ the license fee per mouth portion b a Prorated at the rate of one month remaining in the license year License fees shall be paid into the general fund of the city. Upon rejection or withdrawal of any application for a license, the license fee shall be refunded to the a rejection or withdrawal is for a applicant except where Lion. will misstatement in the license applica- Subd. 3. Investigation fee_ At the t{ a license, the a time of each original application for a- ease, the shall also pay an investigation fee set by appendix D. ation fee is refundable. If the expenses of the investigation exceed the investigating fee, the city clerk shat shall require the a 11 so notify the applicant and a pplicant to pay an additional investigation fee as provided in appendix D which the city manager dee_s necessa to c tigation of the a i zy omplete the roves - PP- icant. The applicant shall pap• s an tigating fee wit l t r ive days after aotificatior'. T_ ` additional roves - such additional inves- tigation fee is not paid tithin the five day Pe=`r_od, the city . will give no further consideration to the application. • PosWr Fax Note 7671 Dar© 2- r,-� pages _ (From CarDepC B YOCK Ch Phone a Phone • F�bl-q�3 Fax S_(og -3Z 4Q 4 F`"` Richfield City Code 1200.09, Subd_ 4 • Subd.' 4_ Refunds No part of a license or investigation fee refunded except is accordance with this section or city council action. shall be Subd. S. Additional i nvestigation. because of a c Additional investigation is required hange in the ownership, interest or control of a partnership or a corporation, the licensee shall pay an additional investigation fee as provided in appendix D. 1200.11. Grancin of licenses. Subdivision 1. Referral Applications for licenses shall be referred to the director of public safety and to such other city departments as the city manager deems necessary, for verification and investigation of the facts set forth in the application. The director of public safety shall make such investigation of the information requested in subsection 1200.05 as necessary and shall make a written recommendation and report to the municipal regulations. council which shall include a list of all violations of federal or state law or Subd. 2. Bxce Lion: Certain organizations. The director's report shall recommend the partial or complete vaiver of any applicable investigative fee if the following conditions are determined to exist: (a) the applicant is a fraternal, veterans, or charitable organization; (b) revenues in excess of ooeratin support of communit• g expenses are contributed to the } projects or programs; and • (c) the officers of the organization are elected b and re general membership. Y sponsible to the The council may adopt or modify the recommendation t .. an Son of the director. Notstith— standing y provision of this section to the contrary, the investigative fee from any fraternal, veterans or charitable applicant shall not be due, and payable until final action by the city council. Subd_ 3. Public hear, upon completion o.f the mans er'�s r ii { er may g p.e_.�._nary report the mans S y recommend to the - council that a public hearing be held on the application. The council shall then instruct the city clerk to cause to be published in the official.nevspaper ten days in advance, a notice of the hearing to be held by the city council, setting forth the day, time and place where he hearing will be held, the name of the applicant, the premises where the business is to be conducted, and such other information as the council may direct. At the hearing opportunity shall be gives to any the granting of the license. The applicant oreappnicant e s h e representativea must be present at the hearfmg to provide such additional informat ion as may be required by the council. Failure to be so represented at the mee for denial of the application. ting is grounds After the hering the council may either grant or deny the license. Zf the license is issuance until the a i granted, the council may withhold its pp_icant has qualified in all respects for the license. if the premises to be licensed are not complete at the time that the hearing is conducted the council may grant the license but shall withhold its issuance until the premises haQe been completed in accordance with the representations made by the applicant_ If a license has been • completion of the granted but its issuance has been Virhheld pending com Premises to be licensed, and if the licensee Robb I (sdaIz Robbinsdale City Code 1205.01 • Section 1205 - Intoxicatiniz Liquor Licenses 1205.01, Intoxicating liquor licenses Subdivision 1. On- sale On -sale intoxicating liquor licenses are issued to hotels, restaurants or clubs, and Permit the on -sale of intoxicating liquor for consumption on the licenses premises. Holders of an on -sale intoxicating liquor license may make on -sale sales of norintoxicating malt liquors and wine without further license. Subd. 2. Restaurant "Restaurant," for purposes of the on -sale of intox- icating liquors, means (i) any establishment to be licensed, ocher than a hotel or motel, under the control of a single proprietor or manager, having appropri- ate facilities to serve meals for se meals, and where i acing not lass than. 150 at one time for n consideration of payment therefor meals are regularly served at tables to the general public and which employs an adequate staff for the and usual and suitable servi o f its g able no more than 60' to liquor and at least 0% whos gross food r sales; s and e ii) r which establishment to be licensed, consisting of the premises sought to be licensed and the immovable fixtures located thereon, has a fair market value of at least $500,000. In determining the fair. market value to assign to the establishment sought to be licensed, the council ma rely u { r on real 1 e e S P state tax _n�ormat othe z factors, ion and Subd. 3. Tem o rar ti license S - Su bject o u • — P 3 t the provisions. o_* ..innesota Statutes, section 340A.404 (10) and after first receivin commissioner, a club or charitable, religious, or other non$ a pp r oval organization the x�+ P In existence for at least three years may be issued a temporary license for the an -sate of intoxicating liquor in connection with s social event within the city sponsored by the licensee. A temporary license. under ch { the on -sale of incoxicatin is section authorizes liquor for r the u license. q da and time specified in the Subd. 4, Sundav liquor; - special license. A restaurant, club or hotel with a seating capacity for at least 30 people and that hold :c' P an on -sale intoxicating liquor license ma sales but only if such 'on saleis conjunction e with the o S food l iq u or sales accordance with law. The license permits the on -sale of alcoholic beverages on Sunda . y in conjunction - g 3 tion With the serving of food. Subd. 5. Off -sale prohibited The off -sale of intoxicating liquor, other than at the municipal liquor dispensary, is prohibited. 1205.03. Fees Subdivision 1. Timine The initial license fee is due and payable in full upon issuance of the license. Fees must be paid into the general fund and may not be refunded once a license is issued. A license may not be issued until the fee is paid. Subd. 2, Prorated fees e fee imposed or. an on - sale i The license granted a,.ter the co= of the license year will be prorated on a monthly basis. A special license for Sunday liquor sales will be prorated on a quarterly basis. The pro rata determination includes the month or quarter in width the applica- tion is approved by the council. Robbinsdale City Code 1205.03, Subd. 3 Subd.. 3. P remises not ready for occupancy When the license is for premises where the building is riot ready for occupancy, the license fee for the initial license period is due and payable 90 days after approval of the license by the council or upon the date a certificate of occupancy for the premises is issued, whichever is sooner. Subd. 4. No additional fee; certain circumstances. Where a new applica- tion has been filed pursuant to subsection 1205.05 an additional license fee is not required. Subd. 5. No refund of fees aid License fees are p r not refundable. 1205.05. Granting ing licenses. Subdivision 1. Investigation: notice and bear- in g. In or der to assist the council in investigating the facts set out in the application and in order to determine the eligibility for a license, the council ratifies its appointment of a liquor commission. Subd. 2. Reference Applications for a license will be referred to the chief of police and to such other city departments as the city manager deems necessary for verification and investigation of the facts set forth in licatio the application. n. The chief of police must investigate the information required in subsection 1200.03. The chief must make a written recommendation and report to the liquor commission within 90 days, or to the council, as the case may be, which recommendation must include a list of all violations • law or municipal ordinance. The liquor comae ssion may order andconduct s such additional investigation as it deems necessary for an additional period of 60 days. Subd. 3. Notice and hearing. Within 20 days of receipt of the written report and recor;endation by the chief of police, the chairperson of the liquor commission must instruct the city clerk to cause to be published in the official newspaper, ten days in advance, a notice of a hearing to be held by the liquor commission, setting forth (i) the date, time and place when the hearing will be held, (ii) the name of the applicant, (iii) the premises where the business is to be conducted, (iv) the nature of the business, and (v) such ocher information as the liquor commission may direct. This notice crust also be posted in at least four conspicuous places throughout the city at least seven days in advance of the hearing. Subd. 4. Licuor commission recommendations. The liquor commission must within five days after the day of the hearing prepare written reco=nendations approving or denying the application and the reasons therefor, and submit the recommendations to the council. Subd. 5. Council decision. The - council rust hold a public hearing, upon the giving or the same notice as described in subdivision 3, to consider the application and the recommendations of the liquor commission. The commission will render a decision, by a majority vote, denying or approving the app.lica- • tion, giving the reasons therefor. At either hearing, opportunity must be given to any person to he heard for or against the granting of a license. A license, other than a renewal, may not be approved before the next regular meeting of the council following the hearing. Robbinsdale City Code 1205.07 • 1205.07. Fee Subdivision 1. Imposition The investigation fee for an on -sale int — oxicating liquor license is set by the council from time to time by resolution. The amount of the fee is set in Appendix B. Subd. 2. Additional fee If an addition i al investigation is required d ch licensee must e t pay an additional investigating fee established by the council by resolution. The fee is set in Appendix B. Subd. 3. Refund; limited This investigation fee is not refundable except to the extent that the city does not incur investigating costs in a like airount, in which case the balance, as determined by.che city manager is refundable. Subd, k. Exception The investigation fee does not apply to (i) special licenses for Sunday liquor sales, or (ii) a temporary license. 1205.09. Issuance of license. Subdivision 1. Term A license is issued the applicant only. Licenses are issued only premises described in for the n to application. L'c_nses expire annually on December 31. the Subd. 2. Buildin¢ under construction; issuance delayed. Where a license is granted for premises where the building is under construction or otherwise not ready for occupancy, the city clerk may not issue the license until a certificate of occupancy has been issued and the building is ready for occupan- cy. 1''OS.I x 1. . otice to commissioner. The city clerk must, within ten days after the issuance of a license, submit to the commissioner the full name and address of each person granted a license, the trade name, the effective license date, and the date expiration of the license. The clerk must also submit to the commissioner a change of address, transfer, cancellation or revocation of any license by the council during the license period. 1205.13. Renewal Subdivision 1. An application for the renewal of intoxi- cating liquor license must be made at least 60 days prior to the date of the expiration of the license and ruse be made in the form as tke council tray require. Tf, in the judgment ,,merit of the council, good and suf:icient cause is shown by an applicant to file for a renewal wiLlin the time provided herein, the council mav, if the other provisions of this chapter are complied vith, grant the application. Svbd. 2. Foreign corporation. A foreign corporation must _file a current certificate of authority. Subd. 3. Political contributions. When a licensee submits an application for renewal of a license, the applicant must state the nature or amount of any contribution made for campaign or political purposes, the person to whom thr contribution was made and the person or organization for whom intended. City of Brooklyn Center A great place to start. A great place to stay. • MEMORANDUM TO: Mayor Kragness, Councilmembers Carmody, Hilstrom, Lasman, and Peppe FROM: Michael J. McCauley, City Manager DATE: February 20, 1997 SUBJECT: Request for Pro -Rata Refund of Liquor License Attached is a request from the operator of the Rookies Bar for a pro -rata refund of his liquor license fee. In reviewing this matter with the City Attorney, I have been advised that the criteria established in the City Ordinance does not include termination of the lease by the lessor. Among the reasons for granting a pro -rate refund would include the death or disability of the license holder or physical destruction of the premises. Mr. LeFevere has indicated that it may be possible to consider additional reasons to allow for a pro -rata refund where the person has gone out of business. The issue before the Council is whether or not you would wish to visit this issue and have further • discussion regarding the criteria for a pro -rate refund of a liquor license. Attached also is a copy of the section of the City Ordinance regarding liquor license refunds. Attachment 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer Section 11 -705. RENEWAL APPLICATIONS. Applications for renewal of an existing license • shall be made at least 60 days prior to the date of expiration of the license. If, in the judgment of the city council, good and sufficient cause is shown by an applicant for his failure to file for a renewal within the time provided, the city council may, if the other provisions of this ordinance are complied with, grant the application. At the earliest practicable time after application is made for a renewal of an "on -sale liquor" license, and in any event prior to the time that the application is considered by the city council, the applicant shall file with the chief of police a statement prepared by a certified public accountant that shows the total gross sales, the total food sales for consumption on the premises, and the total food sales of the restaurant for the twelve -month period immediately preceding the date for filing renewal applications. A foreign corporation shall file a current certificate of authority. Section 11 -706. EXECUTION OF APPLICATION. If the application is by a natural person, it shall be signed and sworn to by such person; if by a corporation, by an officer thereof; if by a partnership, by one of the partners; if by an unincorporated association, by the manager or managing officer thereof. If the applicant is a partnership, the application, license and bond (or insurance policy) shall be made and issued in the name of all partners. Section 11 -707. LICENSE FEES. 1. The annual license fee for "on -sale liquor" licenses shall be in an amount as set forth by city • council resolution. The fee for a "temporary on -sale liquor" license shall be in an amount set forth by city council resolution. ?. The initial license fee shall be paid in full before the application for a license is accepted. Renewal license fees shall be paid in full at the time of application for renewal. All fees shall be paid into the general fund of the City. All licenses shall expire on the last day of December of each year. Upon rejection of any application for a license, or upon withdrawal of application before approval of the issuance by the city council, the license fee shall be refunded to the applicant. All "temporary on -sale liquor" licenses shall be good only for the dates, times, and location specifically named on the license itself. �. The fee for an "on -sale liquor" license granted after the commencement of the license year shall be prorated on a daily basis. 4. When the license is for a premise where the building is not ready for occupancy, the commencement date for computation of the license fee for the initial license period shall be the date on which a certificate or occupancy is issued. -43- 5. No transfer of a license shall be permitted from place to place or person to person without • complying with the requirements of an original application except as provided by Subdivision 9 of this section. For purposes of this subdivision, a change in the controlling interest of the licensee is deemed a transfer of the license. 6. No part of the fee paid for any license issued under this ordinance shall be refunded except in the following instances upon application to the council within 30 days from the happening of the event. The council may, in its judgment, refund a pro rata portion of the fee for the unexpired period of the license, computed on a monthly basis, when operation of the licensed business ceases not less than one month before expiration of the license because of: a. destruction or damage of the licensed premises by fire or other catastrophe. b. the licensee's illness. c. the licensee's death. d. a change in the legal status of the municipality making it unlawful for a licensed business to continue. 7. At the time of each original application for a license, the applicant shall pay in full an investigation fee, in an amount set by city ouncil resolution. All investigation fees are tY nonrefundable. 8. At any time that an additional investigation is required because of a license renewal, a change in the ownership or control of the licensee or because of an enlargement, alteration, or extension of premises previously licensed, the licensee shall pay an investigation fee as set forth in subdivision 7 of this section. The investigation fee shall accompany the application. 9. Where a new application is filed as a result of incorporation by an existing licensee and the ownership, control, and interest in the license are unchanged, no additional license fee will be required. Section 11 -708. INVESTIGATION OF APPLICATIONS. All applications for a license shall be referred to the chief of police and to such other City departments as the city manager shall deem necessary for verification and investigation of the facts set forth in the application. The chief of police shall cause to be made such investigation of the information requested in this ordinance as shall be necessary and shall make a written recommendation and report to the city council. The city council may authorize such additional investigation as it shall deem necessary. -44- February 14, 1997 cd 14 W7 • From; Tony Bakhtiari 8020 Ithaca North Maple Grove, Mn 55311 To: City of Brooklyn Center Liquor Licensing Department TO WHOM IT MAY CONCERN: I very recently renewed this license (effective renewal date 1 -1 -97) when after only a months use of this license I received ending ei e� a termination notice( see enclosed copy) e y my rights at the Days Inn. I have already shut down the business as of February 9, 1997. I am requesting a pro -rata refund and would greatly appreciate your help. I know that you don't have to do this but as a small business owner I am acquring a lot of unexpected bills including payroll, vendors, etc. I would greatly appreciate the council's understanding in this matter. • Sincerely, Tony M. Bakhtiari • BROOKLYN CENTER MINNESOTA HOTEL LIMITED PARTNERSHIP 14180 Dallas Parkway • Suite 900 Dallas, Texas 75240 Phone (214) 980 -2700 Fax (214) 980 -2705 February 5, 1997 CERTIFIED MAIL/RETURN RECEIPT REQUESTED Mr. Tony Bakhtiari President Ithaca Restaurants, Inc. 5201 Central Avenue, NE Fridley, Minnesota 55421 Re: License Agreement dated May 10, 1994 Dear Mr. Bakhtiari: The owners of the Brooklyn Center Days Inn ( "Hotel'), have recently made the decision to change the Hotel from a Days Inn to a Holiday Inn. This change will require a significant property renovation, which we anticipate to commence immediately. Further, this renovation will require that the Hotel be closed for an extended period of time. When it reopens at or around July 1, 1997, Holiday Inns, Inc. will require that we directly manage the food and beverage operation in the Hotel. Pursuant to Section 11.1 of the above - referenced License Agreement, we "have the right to terminate the Agreement at any time without penalty or additional cost by giving Licensee a five (5) day prior written notice of such termination." In accordance with this provision, we are giving you notice of termination of the License Agreement, to be effective February 10, 1997. Your anticipated cooperation in this matter is greatly appreciated and if you should have any, questions, please contact me at your convenience. Sincerely, Brooklyn Center Minnesota Hotel Limited Partnership. By: Minnesota Hotel II Corp., Its Managing General Partner David J. Kimichik Vice President /gf:imac LICENSE CITY OF BROOKLYN CENTER • STATE OF MINNESOTA, COUNTY OF HENNEPIN WHEREAS, THE PAVILION RESTAURANT/ NO. 241 ROOKIES BAR & GRILL 1501 FREEWAY BOULEVARD ANNUAL FEE $ 11,000.00 BROOKLYN CENTER, MN 55430 TELEPHONE 563 -0054 has paid the sum of Eleven Thousand Dollars and 00 Cents to the City of Brooklyn Center as repired by the Ordinances of said City and has complied with all the requirements of said Ordinances necessary for obtaining this License: NOW, THEREFORE, By order of the City Council, City of Brooklyn Center, and by virtue hereof, THE PAVILION RESTAURANT/ ROOKIES BAR & GRILL is hereby licensed subject to all conditions of said Ordinances. License Type: ON -SALE INTOXICATING LIQUOR CLASS B • Location: 1501 FREEWAY BOULEVARD License Period: 01/01/1997 through 12/31/1997 Issued: 12/16/1996 Given under my hand and the corporate seal of the City of Brooklyn Center N`VIT- Mayor�j TRANSFERABLE Clerk DATE INVOICE AMOUNT 17.2/$10 1501 FREEWAY BLVD. OOKI ES B ROOKLYN 612 C 6- I O N 55430 7 2 11 R SPORTS BAR ! ORILL c I �- •• �` Yl VI in r1 ✓ • �•1 (i. PAY DOLLARS G PATE TO THE ORDER OF A P G iFT c1-P '�� • �:� Y �-I 11 g- FIRST BANK • COLUMBIA HEIGHTS OFFICE FIRST BANK NATIONAL ASSOCIATION • 5250 CENTRAL AVE. N.E. COLUMBIA HEIGHTS, MN 55421 11'00 7 2 1 1 1►:09 10000 2 2 L 16 540 L 244 3911' X L 120000," i • t ' M THE CMDER OF 1�L+ r .. r. BROOKE P.� MI -� lT ONLY �? ^1 Q CMKI K, 14 A i 'LS. t "m 55427 J � � Nfri 6 7 � � v _ J, r,u• H Q � t � �d> •.r W w Q'r � V � 111 4tT�t -+ - ,:rrUl uv • • MINNESOTA DEPARTMENT OF PUBLIC SAFETY LIQUOR CONTROL DIVISION 444 CEDAR ST. /SUITE 100L -ST. PAUL, MN 55101 ti.S.U0S1AGt�: NOV a -s 71 RETAILERS ID CARD Liquor 8198 Ithaca Restaurant Inc. Rookies Sports Bar & Grill 1501 Freeway Blvd NUMBER THIS CARD EXPIRES Brook Ctr, , PIN 55430 18796 12/31 /97 PS 9 127 (4/95) ! i I! f 11 If 11 ��l 111tt��ll l�II11llltll'�IIIIIII�II�III City of Brooklyn Center A great place to start. A great place to stay. • MEMORANDUM TO: Mayor Kragness, Councilmembers Carmody, Hilstrom, Lasman, and Peppe FROM: Michael J. McCauley, City Manage DATE: March 4, 1997 SUBJECT: Work Session I would suggest scheduling a work session for 7 p.m. on Monday, March 31, 1997. Alternate dates would be Tuesday, April 8, or Thursday, April 10. This would also be an opportunity to discuss the Marquette study with James Klas of the preliminary conclusions and recommendations from Phases I and II and for the EDA to provide direction to Mr. Klas for the remaining phases of his study. 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 Member introduced the following resolution and moved • its adoption: RESOLUTION NO. RESOLUTION REQUESTING REPRESENTATION FROM LEAGUE OF MINNESOTA CITIES INSURANCE TRUST FOR APPEAL WHEREAS, the City of Brooklyn Center is a defendant along with the Minnesota Police Recruitment System, a Minnesota joint powers organization ( "MPRS "), and 35 other Minnesota cities in two companion civil actions in Hennepin County District court entitled Eigida v. MPRS et al. and Starks v MPRS, et al ,, District Court File Numbers EM 93 -218 and EM 93- 219 (collectively referred to as the "Action "); and WHEREAS, by Order dated October 5, 1994, the court found that the entry level police officer selection procedures used by the defendants violated the Minnesota Human Rights Act; and WHEREAS, by Order dated November 7, 1996, the court made the defendants subject to the continuing jurisdiction of the court until January 1, 2004; and WHEREAS, said orders establish standards for review of employee selection • procedures which will be extraordinarily difficult to satisfy; and WHEREAS, said orders may be cited as precedent in future challenges to employee selection procedures of Minnesota cities which will be defended by the League of Minnesota Cities Insurance Trust (LMCIT); and WHEREAS, the City and other defendant cities may have future employment practices challenged in the context of the Action under the continuing jurisdiction of the court, which will be defended by the LMCIT; and WHEREAS, it would be advantageous to the City, the defendant cities in the Action, and all other cities in Minnesota if the Action could be successfully challenged on appeal. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that: 1) The City hereby requests the LMCIT to appeal the Action to the Minnesota Court of Appeals on behalf of the City. 2) The City Manager is directed to transmit a copy of this resolution to the LMCIT as soon as possible and to take such other actions as are necessary • or expedient to secure the assistance of the LMCIT and to prosecute the appeal in the event the LMCIT agrees to represent the City. 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. 145 University Avenue West, St. Paul, MN 55103 -2044 League of Minnesota Cities Phone: (612) 281 -1200 - (800) 925 -1122 Cities promoting excenence Fax: (612) 281 -1299 - TDD (612) 281 -1290 February 28, 1997 Mr. Michael McCauley Manager 6301 Shingle Creek Pkwy Brooklyn Center, MN 55430 Re: Starks and Fields vs. MPRS, et al Dear Mr. McCauley: At its meeting on February 26, 1987 the LMCIT Board of Trustees agreed to accept the appeal of this case on behalf of MPRS and any individual city which wishes to participate, subject to the following conditions: 13. LMCIT will assume all litigation management responsibilities associated with the appeal. • 14. LMCIT will only e responsible y for the legal costs associated with the appeal; for additional plaintiff attorney fees and costs, if any, that might be awarded or taxed as a result of the appeal; and for any additional money "damages" that may be awarded to plaintiffs as a consequence of the appeal. "Damages" means damages as that term is defined in LMCIT's Municipal Liability Coverage Agreement. 15. MPRS and individual participating cities agree not to seek reimbursement from LMCIT for any defense costs incurred to date, or for elements of damages, costs, attorney fees, or penalties included in Judge Solum's Orders for Judgement dated November 7, 1996. At their February 28, 1997 meeting, the MPRS Board of Directors voted unanimously to accept this offer and conditions. As indicated above, LMCIT will also process the appeal on behalf of any individual MPRS member city which so requests, subject to the same conditions. In order for us to process the appeal on your city's behalf it is necessary that we receive a resolution passed by your city council asking us to process the appeal for your city. A copy of the council's resolution must be received in our office no later that March 15, 1997. We will treat our receipt of your city council's resolution as your city's acceptance of the conditions outlined above and as authorization for LMCIT to process the appeal on your city's behalf. • Page l of 2 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER We have retained Cliff Greene of Greene & Espel to handle this appeal on behalf of MPRS and the cities that choose to participate. If your city chooses to participate in the appeal, Cliff has indicated that it would be helpful if each participating city can provide him with information as to which specific aspects of the district court's ruling and order would be most problematic for your city. You can contact Cliff or his associate John Baker at: Greene Espel 333 South 7th Street, Suite 1700 Minneapolis, Minnesota 55402 612- 373 -0830; fax 612 - 373 -0830 Please feel free to contact Mr. Grundhoefer, Mr. Tritz, or myself if you have any question or need any further information. Sincerely, � Doug Gronli Claim Manager • • Page 2 of 2 S� MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Charlie Hansen, Finance Director C H DATE: March 4, 1997 SUBJECT: Resolution Amending the 1996 and 1997 General Fund Budgets to Carry Forward an Appropriation of $44,718 for the Comprehensive Plan Update in the Community Development Department An appropriation of $40,000 was provided in the 1995 budget to begin a project to update the City's comprehensive plan. It w tY P p as expected that this would begin in 1995 and the appropriation was carried forward to 1996 by Resolution 96 -26. An additional appropriation of $10,000 was included in the 1996 budget to complete the project for a total cost of $50,000. Work on the plan began in mid 1996 and services totaling $5,282 • were rendered by BRW. The comprehensive plan will be completed in 1997. Member introduced the following resolution and moved is its adoption: RESOLUTION NO. RESOLUTION AMENDING THE 1996 AND 1997 GENERAL FUND BUDGETS TO CARRY FORWARD AN APPROPRIATION OF $44,718 FOR THE COMPREHENSIVE PLAN UPDATE IN THE COMMUNITY DEVELOPMENT DEPARTMENT WHEREAS, Section 7.08 of the City Charter provides the City Council with the authority to appropriate funds from accumulated surplus in an amount equal to a previous appropriation in the General Fund Budget, if not in fact expended or encumbered for that purpose in the previous fiscal year; and WHEREAS, The 1996 General Fund Budget contained an appropriation of $50,000 for the updating of the City's Comprehensive Plan; and WHEREAS, The plan update was undertaken during 1996, but wasn't completed due to it being a project which will continue for more than a Y ear. NOW, THEREFORE, BE IT RESOLVED . by the City Council of the City of • Brooklyn Center that the 1996 General Fund Budget is reduced and the 1997 General Fund Budget is increased in the Community Development Department t6 carry forward the appropriation of $44,718 for the updating of the City's Comprehensive Plan. 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 • TO: Michael J. McCauley, City Manager FROM: Charlie Hansen, Finance Director C N DATE: March 4, 1997 SUBJECT: Resolution Closing the Tax Increment Bonds of 1985 Debt Service Fund and Transferring its Remaining Assets to the Refunding Tax Increment'Bonds of 1992 Debt Service Fund The attached resolution closes a debt service fund which handled the expenditures related to the payment of principal and interest costs of tax increment bonds that were issued in 1985. By 1992, it was possible to sell bonds at a much lower interest rate. But the bonds sold in 1985 had an option to call them for early payment which couldn't be exercised until February 1, 1996. So the bonds were sold in 1992 to lock in a low interest rate and the proceeds placed in escrow until the 1985 bonds could be called. That event happened as scheduled on February 1 1996. I rY • The 1996 budget anticipated this event, including the transfer of an accumulated surplus of $173,634 from the Tax Increment Bonds of 1985 debt service fund to the Refunding Tax Increment Bonds of 1992 debt service fund. The actual surplus will be somewhat larger when interest earned during 1996 is allocated. • Member introduced the following resolution and moved • its adoption: RESOLUTION NO. RESOLUTION CLOSING THE TAX INCREMENT BONDS OF 1985 DEBT SERVICE FUND AND TRANSFERRING ITS REMAINING ASSETS TO THE REFUNDING TAX INCREMENT BONDS OF 1992 DEBT SERVICE F ND WHEREAS, Section 7.11 of the City Charter provides the City Council with the authority to order the creation of such funds as may be needed to properly account for the financial activities of the City; and WHEREAS, Section 7.11 of the City Charter provides the City Council with full authority to make transfers between all funds which may be created, provided that such transfers are not inconsistent with the provisions of related covenants, the provisions of the City Charter, or State Statutes. WHEREAS, there now exists the Tax Increment Bonds of 1985 which was established in the 1985 to account for the payment of principal and interest costs of these bonds; and • WHEREAS, the City sold the Refunding Tax Increment Bonds of 1992 to refinance this debt and take advantage of declining interest rates; and WHEREAS, the proceeds of the 1992 bonds were held in escrow until February 1, 1996 when it was possible to call the 1985 bonds; and WHEREAS, the 1996 budget provided for the transfer of the remaining balance of the Tax Increment Bonds of 1985 Debt Service Fund to the Refunding Tax Increment Bonds of 1992 Debt Service Fund. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, as follows: 1. That the classification of funds shall be amended to delete the Tax Increment Bonds of 1985 Debt Service Fund. 2. Any remaining assets of the Tax Increment Bonds of 1985 Debt Service Fund, including interest through December 31, 1996 when it is allocated, will be transferred to the Refunding Tax Increment Bonds of 1992 Debt Service Fund as of December 31, 1996. 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 p • TO: Michael J. McCauley, City Manager FROM: Charlie Hansen, Finance Director C ft DATE: March 4, 1997 SUBJECT: Resolution Authorizing the City Manager to Write -off Uncollectible Checks The attached resolution, if adopted by the City Council, will write -off uncollectible checks received by the City in 1995. The payers' checking accounts have been closed or the checks have been resented r for collection by the bank the maximum tunes allowable. Attempts to locate the payers have been unsuccessful. The last time the City wrote off uncollectible checks was November 13, 1995, when uncollectible checks received during the year 1994 in the amount of $1,955.68 were written -off. • its adoption: Member introduced the following resolution and moved • RESOLUTION NO. RESOLUTION AUTHORIZING THE CITY MANAGER TO WRITE -OFF UNCOLLECTIBLE CHECKS WHEREAS, the City Manager has reported checks totaling $1,866.09 made payable to the City of Brooklyn Center during the year 1995 are uncollectible because the payers' checking accounts upon which they are drawn have been closed and that attempts to locate the payers have been unsuccessful NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to authorize the City Manager to write -off from the City records as uncollectible the following amounts: $1,504.58 for the Liquor Stores Fund, $81.51 for the Golf Course Fund, and $171.00 for the General Fund and $109.00 for the Water Fund for a total of $1,866.09. • 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. • �h MEMORANDUM • TO: Michael J. McCauley, City Manager FROM: Charlie Hansen, Finance Director C N DATE: March 4, 1997 SUBJECT: Resolution Authorizing the City Manager to Write -off Uncollectible Accounts Receivable The attached resolution, if adopted by the City Council, will write -off outstanding accounts receivable balances that staff has deemed uncollectible. Efforts to collect the outstanding balances have unsuccessful due to bankruptcies, change in property owners or changing address without notifying the City of a forwarding fY g Y g address. The last time the City wrote off uncollectible accounts receivable was November 13, 1995, when uncollectible checks received during the year 1994 in the amount of $1,917.36 were written -off. • e its adoption: Member introduced the following resolution and moved • RESOLUTION NO. RESOLUTION AUTHORIZING THE CITY MANAGER TO WRITE -OFF UNCOLLECTIBLE ACCOUNTS ECEIVABLES WHEREAS, the City Manager has reported the following accounts receivables are uncollectible. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to authorize the City Manager to write -off from the City records as uncollectible the following accounts receivables: Due From impose Amount Minnesota Martial Arts 5th False police alarm $ 50.00 Calvin Williams Residence 5th - 8th False police alarms 350.00 Kathleen Phinney Nellwyn Repair damaged fence 787.50 Tijuana Shantai Green Accident damage - Street sign 104.13 Total 1.291.63 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 i A great place to start. A great place to stay. To: Mayor Kragness and Council Members Carmody, Hilstrom, Lasman and Peppe From: Michael J. McCauley City Manager` Date: March 5, 1997 Re: Setting Date for Hearing on Tax Increment District #3 Modification The hearing on modifying Tax Increment District #3 would re -start the process that was abandoned at the end of 1996. That process would remove several parcels from District #3 and then reinstate them at their current market value. As was discussed last year, the area around and including Brookdale has a current negative net tax capacity. In order to position this area for redevelopment and capture that redevelopment potential in 1998, it is necessary to modify the district prior to school levies being set so that the modification would not adversely impact school districts. The proposal last year would have been effective for taxes payable in 1998. The attached schedule would be used for the modification process. 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer City of Brooklyn Center, Minnesota • Modifications to Tax Increment Financing District No. 3 Time Schedule March 10 (Mon) @ 7 :00 p.m. City Council calls for public hearing (resolution provided by DORSEY) On /Before March 17 (Mon) County Commissioner receives notification letter (serrt by CITY) On /Before March 28 (Fri) County and School Districts receive impact letters and TIF Plan Modifications (sent by SPRINGSTED) April 10 (Thurs) City Planning Commission reviews TIF Plan Modifications (modifications provided by SPRINGSTED) (resolution provided by DORSEY) April 16 (Wed) Publication of notice of public hearing (Sun Post) (arrangements made by SPRINGSTED) (advertising deadline April 8) April 28 (Mon) @ 7:00 p.m. City Council / EDA Board hold public hearing and adopt TIF Plan Modifications (resolution provided by DORSEY) After April 28 State and County filing (sent by SPRINGSTED) Dated: February 23, 1997 Member introduced the following resolution and moved • its adoption: RESOLUTION NO. RESOLUTION CALLING FOR A PUBLIC HEARING BY THE CITY ON MODIFICATIONS OF THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 3 WHEREAS, the Economic Development Authority in and for the City of Brooklyn Center ( "Authority ") administers Housing Development and Redevelopment Project No. 1 and Tax Increment Financing District No. 3 ( "TIF District ") within the Housing Development and Redevelopment Project No. 1, pursuant to Minnesota Statutes Sections 469.090 to 469.1081 and Sections 469.174 to 469.179 (collectively, the "Acts "); and WHEREAS, due to significant property value changes within the TIF District, the City Council has determined to consider modifications to the Tax Increment Financing Plan ( "TIF Plan ") for the TIF District and to hold a public hearing thereon in accordance with the Minnesota Statutes Section 469.175. NOW, THEREFORE, BE IT RESOLVED by the City Council (the "Council ") of the City of Brooklyn Center, Minnesota, (the "City ") as follows: 1. Public Hearing. This Council shall meet on Monday, April 28, 1997, at 7 p.m. or as soon thereafter as the matter may be heard to hold a public hearing on the proposed modifications of the TIF Plan, all pursuant to and in accordance with Minnesota Statutes Sections 469.174 to 469.179, inclusive, as amended, in an effort to encourage the development and redevelopment of certain designated areas within the City; and 2. Notice of Hearing; Filing of Program. The City Manager is authorized and directed to engage the services of legal and financial firms to review and advise on the modified plan, to prepare the modifications to the TIF Plan and to forward the documents to the appropriate taxing jurisdictions, including Hennepin County and Independent School District Nos. 11, 279, 281, and 286. The City Clerk is authorized and directed to cause notice of the hearing, together with an appropriate map as required by law, to be published in the official newspaper of the City not later than ten days prior to April 28, 1997, and to place a copy of the proposed modifications to the TIF Plan on file in the City Clerk's Office at City Hall and to make such copy available for inspection by the public. • 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. • F, g - ��,y N BROOKLYN CENTER FIRE DEPARTMENT MEMORANDUM TO: Michael McCauley City Manager FROM: Ron Boman Fire Chief SUBJECT: Modification of Joint Powers Agreement For our Training Tower DATE: March 5, 1997 Attached is a Joint Power Agreement amendment for the Fire Training Center. This Amendment will allow any of the three member departments to be designated as "Agent for construction" of facility improvements. The Agreement currently designates the City of Fridley. The purpose for this change to allow any one of the member fire departments to handle the work involved in facility improvements, rather than requiring only Fridley to handle these tasks. One of the most important tasks for 1997 the construction of the training tower. As we have received additional funding from various civic clubs this year I feel we can construct this training tower in 1997. 1 have been heavily involved in having the schematics for the building footings as well as the main training tower. After a meeting in February with all department involved we felt it will be more time efficient and less complicated if I finish the bidding process and complete the building of the training tower. As noted in our Joint Powers agreement all improvements will still come before the council for approval according to the City purchasing policy. All member Fire Chiefs recommend approval of the agreement. t its adoption: Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION AMENDING THE JOINT POWERS AGREEMENT - FIRE TRAINING ASSOCIATION TO ALLOW ANY MEMBER TO ACT AS AGENT FOR CONSTRUCTION AT THE FRIDLEY TRAINING SITE WHEREAS, in 1991 the City Council by motion authorized the Mayor and City Manager to enter into an agreement titled "Joint Powers Agreement - Fire Training Association" and amended the agreement in 1994 to delete one of the parties to the original agreement; and WHEREAS, the parties now desire to further amend the agreement to permit any of the parties to function as "Agent for Construction" as that term is defined in the agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to authorize the City Manager to enter into an Amendment of the Joint Powers Agreement - Fire Training Association. • 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. • • AMENDMENT OF JOINT POWERS AGREEMENT FOR CONSTRUCTION AND I � OPERATION OF FIRE TRAINING SITE WHEREAS, the parties hereto entered an agreement titled "Joint Powers Agreement - Fire Training Association" in 1991, and amended the agreement in 1994 to delete one of the parties to the original agreement, and WHEREAS, the parties now desire to further amend the agreement to permit any of the parties to function as "Agent for Construction" as that term is defined in the agreement; NOW, THEREFORE, the undersigned parties agree to the following modification: Paragraph 8 "Agent for Construction ", of the "Joint Powers Agreement - Fire Training Association ", entered into by the undersigned parties in 1991, is amended by deleting the first sentence of that paragraph and substituting the following two sentences: The Member Departments may designate any Member to act as the Agent for Construction of the • facility. Any single construction project at the facility in excess of SIO, 000 is subject to approval by the Chief Operating Official for the designated Member's governing body. IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed by their duly authorized representative. CITY OF FRIDLEY Date: 1997 CITY OF BROOKLYN CENTER Date: 1997 CITY OF SPRING LAKE PARK Date: 1997 • i • Page 2 of 2 Pages CITY OF MOUNDS VIEW Date: 1997 CITY OF BLAINE Date: 1997 r • • • AMENDMENT OF JOINT POWERS AGREEMENT FOR CONSTRUCTION AND OPERATION OF FIRE TRAINING SITE WHEREAS, the parties who are signators below had entered into an agreement titled "Joint Powers Agreement - Fire Training Association ", a copy of which is attached hereto; and WHEREAS, the only expenditure of funds to date pursuant to said agreement has been by the City of Fridley; and WHEREAS, a party to the agreement, the City of Columbia Heights, has given written notice to the other parties via letter dated August 10, 1992 that it no longer wishes to participate in the agreement; and WHEREAS, the remaining parties desire to amend said agreement in order to continue the project of constructing and operating a fire training site. NOW, THEREFORE, the undersigned parties agree to the following modifications of the agreement: r 1. Deletion of Columbia Heights: Delete from the "Joint Powers Agreement - Fire Training Association" (copy attached, and hereafter called the AGREEMENT), the City of Columbia Heights, wherever that name appears, and change the number of "member departments" from four to three wherever stated. The undersigned hereby acknowledge receipt of a termination notice from the City of Columbia Heights by letter dated August 10, 1992 from its attorney Greggory J. Woods, and accept the termination in accordance with paragraph 16 of the AGREEMENT. There exists no claim against Columbia Heights for proportionate share of initial construction costs or operating costs. 2. Initial Construction: - The "initial construction costs"' identified in paragraph 6 of the AGREEMENT shall be changed to $150,000, it being understood that the parties may later increase this amount if additional contributions are approved by the parties' respective governing bodies. 3. Operating Budget: • The statement in paragraph 7 of the AGREEMENT citing the 1991 Operating Budget is deleted. PAGE 2 OF 2 PAGES 4. Amendment: The AGREEMENT amendment procedure shall require unanimous approval of the parties, in lieu of majority approval, reflecting the existence of three rather than four parties. IN WITNESS WHEREOF, the undersigned governing bodies approve these amendments by authority of their duly authorized governing bodies on the date of their signature below. r CITY OF FRIDLEY: CITY OF BROOKLYN . Mayor May City Manager tij Mana 1-2 5t,L9 Date Date CITY OF SP G L P CITY O LAINE: Mayor Mayor City Administrator City Manager Septe 2.-1993 Date Date CITY OF MOUNDS VIE City Ad inis o February 17, 1994 Date JOINT POWERS AGREEMENT FIRE TRAINING ASSOCIATION THIS AGREEMENT made by and between the City of Fridley ( "Fridley "), the City of Columbia Heights ( "Columbia Heights "), the City of Brooklyn Center ( "Brooklyn Center "), the City of Spring Lake Park ( "Spring Lake Park "), the City of Blaine ( "Blaine "), and the City of Mounds View ( "Mounds View "), each being a Minnesota municipal corporation, which together shall form the Fire Training Association (the "Association "). WHEREAS, each party to this Agreement desires a facility to train members of its fire department; and WHEREAS, it is more economical for the parties of this Agreement to jointly and collective) construct use and Y , maintain a fire training facility rather than each party constructing and maintaining its own facility; and WHEREAS, Fridley, Columbia Heights, Brooklyn Center, Spring Lake Park, Blaine, and Mounds View are authorized to enter into an Agreement for the joint and cooperative exercise of powers common to them pursuant to Minnesota Statutes 471.59 et seq.; and WHEREAS, the cities of Spring Lake Park, Blaine and Mounds View are provided fire protection services by the Spring Lake Park Fire Department, Inc., a Minnesota non- profit corporation; NOW, THEREFORE, the undersigned governmental units and the Association in the joint and mutual exercise of their powers agree to jointly construct and maintain a fire training facility • in accordance with the following terms: 1. The Fire Training Association shall consist of four member departments. For purposes of this Agreement, Spring Lake Park, Blaine and Mounds View shall be collectively considered one Member and have one representative on.the Chiefs' Board. Spring Lake Park, Blaine and Mounds View appoint the Spring Lake Park Fire Department, Inc. as their agent, which together with the cities of Fridley, Columbia Heights, and Brooklyn Center shall be known as the ( "Member Departments "). 2. Term: The term of hi Agreement shall be perpetual of t his Agre p p until only one Member Department remains. 3. Fire Training Facility. The training facility shall consist of a training tower and burn room and other elements of training as determined and recommended by an • Operations Committee (Paragraph 14 hereof) and approved by the Chiefs' Board. 4. Facility Site. The facility shall be constructed on property owned by the City of Fridley and located at 348 - 71st Avenue N.E., Fridley, Minnesota. The Member Departments and the City of Fridley hereby agree to execute a twenty -five (25) year lease of the property from Fridley to the Fire Training Association in consideration of the payment of $25 for the lease term. 5. Ownership. Ownership of the facility, excluding land, shall be jointly held by the Association. • A -2- . • 6. Initial Construction. Initial construction costs are ''projected to be $200,000, which shall be shared equally by the members. The initial construction costs shall not exceed $200,000.00 without prior approval of each Member Department's City Each Member Department shall pay its cost allocation for the facility construction pursuant to the payment schedule unanimously approved by the Chiefs' Board. 7. Operating Agent. The operating agent shall have authority, on behalf of the Association, to pay costs authorized under the Operating Budget for the training site, and any additional expenses unanimously approved by the Chiefs' Board. An annual Operating Budget shall be forecast in following the r the second quarter of each year for g y ear's • operation of the site. The 1991 Operating Budget is projected to be $6,000. The City of Fridley is appointed as the initial operating agent. The Chiefs' Board shall have the authority to name an alternate department to take on this responsibility as it deems necessary. The Chiefs' Board is specifically empowered to set a limit on the yearly operating costs. Failure of a Member Department to pay its proportional share of the yearly operating costs, or additional expenses unanimously approved by the Chiefs' Board, shall be grounds for removal of that Department upon the sole discretion of a majority vote of the Chiefs' Board. -3- 8. Agent for Construction. The Member Departments specifically authorize the City of Fridley to act as the Agent for Construction of the facility on their behalf. The Agent for Construction is empowered to commission designs for the facility according to the specifications approved by the Chiefs' Board. Following approval by the Chiefs' Board, the Agent for Construction shall cause bids to be taken for the construction and shall present the final bids to the Chiefs' Board for ratification. ,Once the bids and specifications nave been approved by the Chiefs' Board, the Agent for Construction shall have the power to award the contracts and bind the Member Departments to the contracts so awarded. • 9. Repairs and Improvements. If recommended by the Operations Committee and approved by the Chiefs' Board in advance and ratified by each of the Member Department's City Councils, all major repairs, replacements, additions /improvements shall be equally assessed against each Member Department. 10. Insurance. The Association shall purchase policy(ies) of insurance in forms and amounts to protect its insurable interests in the value of the site's improvements against perils of fire, theft, vandalism and Acts of God, and to protect the financial interests of the Association, parties, their agents and employees, against all claims or lawsuits, including expenses and attorney fees, • -4- • arising from the ownership, design, operation, and maintenance of the facility. The policy(ies') limits, terms and conditions shall be acceptable to each party. Costs of insurance shall be apportioned equally to each Member Department.' 11. Facility Use. Each Member Department shall be entitled to equal use of the facility, subject to advance scheduling through the Operations Committee under the rules and guidelines established by the Chiefs' Board. 12. Use By Others. The Chiefs' Board shall establish guidelines for use of the facility by others for a fee. The Operations Committee shall carry out the guidelines and shall be in charge of scheduling and collection of • rents /fees. No rental shall be scheduled so as to conflict with any scheduled activity by a Member Department. Any rents /fees collected in excess of current year operating expenses may, at the Chiefs' Board's discretion, be retained for repair, improvements to the facility, future operating expenses, or returned to the Member Departments. 13. Chiefs' Board. The Chiefs' Board shall consist of the Fire Chief or the Fire Chief's designee of each Member Department unless another representative is designated by the City Council of a Member. The Board shall act by majority vote of a quorum present at a board meeting (unless unanimous approval is required by this Agreement) • duly called by a member of the Board upon notice given to -5- all members by mail 20 days in advance of the meeting. The Board may act without a meeting by a unanimous writing in lieu of a meeting. 14. Operations Committee. The Operations Committee shall consist of a firefighter /officer appointed by the Fire Chief of each Member Department. 15. Indemnification. Each non - Member Department or organization using the facility shall fully indemnify the Member Departments against all loss, damage liability claims, suits, judgments, costs and expenses by reason of loss of or damage to property and injury to or death of persons caused by acts or omissions of the non - member organization, its officers, agents or employees, arising • from or growing out of, directly or indirectly, wholly or partly, its maintenance, operation or use of the facility. 16. Termination of Agreement. Any Member Department may terminate its participation under this Agreement by giving 60 days advance written notice of intent to terminate, directed to the attention of the remaining Members of the Chiefs' Board. The terminating Member Department has no right of refund for its share of fees or costs paid under this Agreement, and waives any and all rights and interest in the training facility. Furthermore, any city terminating its participation under this Agreement is bound to pay its proportionate share of the initial construction costs. Said city shall also be -6- A. • responsible for its proportionate share of outstanding operating costs through the fiscal year in which it gives notice of withdrawal. A withdrawing member shall have no claim to assets of the Association including excess fees s o g or rents collected under paragraph 12. Upon the withdrawal of all Member Departments, the land and improvements shall revert to the City of Fridley. 17. - Dissolution. Upon unanimous approval by the Member Departments, the dissolution of this Association may be adopted, at which time the Building and Property shall revert to the City of Fridley, and all other assets and liabilities shall be divided among the remaining Member Departments in proportion to the contribution of the • remaining Member Departments. 18. Amendment. Any amendments to this Agreement require a two- thirds vote of the Members of the Chiefs' Board and must be approved by the City Councils for each party. IN WITNESS THEREOF, the undersigned have caused this Agreement to be executed by their duly authorized officers by authority of their respective governing bodies. City of Fridley City of Columbia Heights Mayor ,/ Mayor W City r Cit manager Ci y Manage y g /,� // c o2 —e.2-j— Date Date -7- 1 City of Brooklyn Center City of Spring Lake Park /'5;7 Mayo Mayor l City M ager City Manager Date Date City of Blaine City of Mounds View Mayor May • City Manager City Manager 3 f 1 J4 3��-�� l Date Date • -8- MEMORANDUM gX • TO: Michael J. McCauley, C uley, City Manager FROM: Charlie Hansen, Finance Director C !� DATE: March 4, 1997 SUBJECT: Resolution Closing the Diseased Tree Removal Fund and Transferring its Remaining Assets to the Special Assessment Construction Fund The attached resolution closes a special revenue fund which handled the expenditures related to controlling diseased tree removals. This fund was created during the 1970s when Dutch Elm disease first became a major problem in Minnesota. The State of Minnesota made grants available to help fight the disease and required that a separate fund be set up to account for the grant money. The State discontinued the grant program during the 1980s. Until recent years, the City bid a contract with a private tree removal firm to remove diseased trees from both City and private property. Private property owners had the option of using the city contractor and either paying the cost immediately or having it special assessed against their • property. Usage of the City contractor by private property owners declined in recent years and we found that the administrative overhead canceled out most of the cost advantage for private parties to use the City contract. With this in mind, we wrote the City contract to cover only trees on City owned land a couple of years ago. That had the additional advantage of a lower cost per tree for the City, since the private trees were often in back yards and difficult to remove. Under these conditions, there no longer is any justification for maintaining a separate fund for diseased tree removals. The cost of removing City owned trees can be charged directly to the fund (usually the Parks Division in the General fund) that is responsible for the land the tree is on. If there is a hardship case where the City would want to assist a private property owner by special assessing a tree removal, that could be accomplished through the Special Assessment Construction on Fund. Cash and remaining special assessments collectable should be transferred to the Special Assessment Construction Fund. This fund has been selected because the transfer will offset what would otherwise be a drain on the fund by another project. One of the street improvement projects done in 1996 was the 57th Avenue area. This project included estimated special assessment revenue of $59,073 which we would have bonded for and then paid the bonds with special assessment collections over ten years. However, almost half of the properties in this project were corner lots who elected to be assessed later, when the cross street is reconstruction, rather than now. Projected assessments on these properties totaled $25,900 which now will never • be collected. The other $33,173 of projected assessments will be collected over ten years. So this project was dropped from the bond issue. Another source of revenue is needed to prevent the Special Assessment Construction Fund from going in the hole, and this transfer comes close to filling the gap. adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION CLOSING THE DISEASED TREE REMOVAL FUND AND TRANSFERRING ITS REMAINING ASSETS TO THE SPECIAL ASSESSMENT CONSTRUCTION FUND WHEREAS, Section 7.11 of the City Charter provides the City Council with the authority to order the creation of such funds as may be needed to properly account for the financial activities of the City; and WHEREAS, Section 7.11 of the City Charter provides the City Council with full authority to make transfers between all funds which may be created, provided that such transfers are not inconsistent with the provisions of related covenants, the provisions of the City Charter, or State Statutes; and WHEREAS, there now exists the Diseased Tree Removal Fund which was established in the 1970s to properly segregate the costs of Dutch Elm disease tree control activities; and WHEREAS, the incidence of Dutch Elm disease has decreased and property owners S are contracting out their own tree removal costs, thereby eliminating the need for this fund; and WHEREAS, there exists about $50,000 of cash and $6,000 of receivables in the Diseased Tree Removal Fund at the end of 1996 which are available to be transferred to another fund. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, as follows: 1. That the classification of funds shall be amended to delete the Diseased Tree Removal special revenue fund. 2. All remaining assets of the Diseased Tree Removal Fund, including interest through December 31, 1996 when it is allocated, will be transferred to the Special Assessment Construction Fund as of December 31, 1996. • Date Mayor RESOLUTION NO. • ATTEST: City Clerk The motion for the adoption of the foregoin ' on was duly a g re solution s thereof: � nd upon vote bem taken econded by member g aken thereon, the following voted in favor and the following voted against the same: whereupon said resolution was declared duly P assed and adopted. •