HomeMy WebLinkAbout1997 05-12 CCP Regular Session Public Copy
e CITY COUNCIL AGENDA
CITY OF BROOKLYN CENTER
May 12, 1997
7 p.m.
1. Call to Order
2. Roll Call
3. Invocation - Deacon Dave Holst - St. Alphonsus Church
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. April 9, 1997 - Council/Human Rights and Resources Commission
2. April 14, 1997 - Regular Session
3. April 21, 1997 - Board of Equalization
b. Resolution Accepting Work and Authorizing Final Payment, Improvement Project No.
1996 -18, Well #10 Routine Maintenance
c. Resolution Establishing Improvement Project No. 1997 -09, 1997 Sealcoating,
Approving Plans and Specifications, and Authorizing Advertisement for Bids
d. An Ordinance Granting to Northern States Power Company, a Minnesota Corporation,
its Successors and Assigns, Permission to Construct, Operate, Repair and Maintain in
the City of Brooklyn Center, Minnesota, an Electric Distribution System and
Transmission Lines, Including Necessary Poles, Lines, Fixtures and Appurtenances, for
the Furnishing of Electric Energy to the City, its Inhabitants, and Others, and to Use the
Public Ways and Public Grounds of the City for Such Purposes
-This item represents the reauthorization of the NSP franchise and was tabled from the
February 10, 1997, and February 24, 1997, Council meeting. This ordinance is offered
• this evening for a first reading and sets June 9, 1997, for public hearing and second
reading.
• CITY COUNCIL AGENDA -2- May 12, 1997
e. Licenses
6. Open Forum
7. Public Hearing
a. An Ordinance Amending Chapter 11 of the City Ordinances Prohibiting Certain
Activities at Establishments Licensed to Sell Intoxicating Liquor, Beer, and Wine
-This item was first read on April 14, 1997, published in the official newspaper on April
23, 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.
S. Council Consideration Items
a. Resolution Acknowledging Donation from the Medtronic Foundation for Volunteer
Proj ects
- Requested Council Action:
• - Motion to adopt resolution.
b. Capital Improvements Fund Expenditure Policy and Capital Reserve Fund Policy
- Presentation by Chairperson Donn Escher of the Financial Commission
1. Resolution Adopting the Capital Improvements Fund Expenditure Policy, the
Capital Reserve Fund Policy, Creating the Capital Reserve Fund, and
Transferring Moneys from the Capital Improvements Fund to the Capital
Reserve Fund
- Requested Council Action:
- Motion to adopt resolution.
C. Utility Billing Collection Procedures
1. Resolution Adopting a Policy for Public Utility Account Collections
2. An Ordinance Amending Chapter 4 of the City Ordinances Relating to the
Collection of Water and Sewer Charges
- Requested Council Action:
- Motion to adopt resolution and to approve first reading of ordinance and set
June 9, 1997, for public hearing and second reading.
•
• CITY COUNCIL AGENDA -3- a 2
3 May 1 , 1997
d. Set Date and Time for Town Meeting Regarding Building Needs
- Requested Council Action:
- Motion to set Wednesday, May 28, 1997, 7 p.m., as Town Meeting in
Constitution Hall, Community Center
e. An Ordinance Amending Chapter 35 of the City Ordinances Regarding
Telecommunications Towers and Telecommunications Facilities
- Requested Council Action:
- Motion to approve first reading of ordinance and set June 9, 1997, for public
hearing and second reading.
f. An Ordinance Amending Chapter 35 of the City Ordinances Regarding Buildings in
R -1 and R -2 Districts
Requested Council Action:
- Motion to approve first reading of ordinance and set June 9, 1997, for public
hearing and second reading.
9. Ad j ournment
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• CITY COUNCIL AGENDA -4- May 12, 1997
EDA AGENDA
CITY OF BROOKLYN CENTER
May 12, 1997
7 p.m.
1. Call to Order
2. Roll Call
3. Approval of Agenda,
-The following items are considered to be routine by the Economic Development Authority
and will be enacted by one motion. There will be no separate discussion of these items
unless a Commissioner so requests, in which event the item will be removed from the
consent agenda and considered at the end of Commission Consideration Items.
a. Approval of Minutes
- Commissioners not present at meetings will be recorded as abstaining from the vote
on the minutes.
• 1. April 28, 1997 - Regular Session
4. Commission Consideration Items
a. Resolution Approving Relocation Claim for Property in the 53rd Avenue Development
and Linkage Project.
-Requested Commission Action:
- Motion to adopt resolution.
5. Adjournment
•
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DRAFT
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
• AND HUMAN RIGHTS AND RESOURCES COMMISSION
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
JOINT SESSION
APRIL 9, 1997
CITY HALL
CALL TO ORDER
The joint meeting of the Brooklyn Center City Council and Human Rights and Resources
Commission was called to order by Chair Lerbs at 7:01 p.m.
ROLL CALL
Council present: Mayor Myrna Kragness, Councilmembers Kay Lasman and Robert Peppe.
Councilmember Hilstrom was absent and excused. Councilmember Carmody arrived at 7:05
p.m.
Commissioners present: Chair Wayde Lerbs, Commissioners Sharon Achtelik, Rhonda Braziel,
Nancy Doucette, Karyn Huemoeller, Leona Raisch, and Shawn Taylor. Absent:
• Commissioners Sherry Maddox and Neng Yang.
Also present: City Manager Michael J. McCauley and Council Secretary LeAnn Larson.
APPROVAL OF MINUTES
A motion by Commissioner Doucette and seconded by Commissioner Achtelik to approve
minutes of the February 2 1997 meeting as printed passed unanimously.
ary b p p s arumous . y
APPROVAL OF AGENDA
Councilmember Carmody arrived at 7:05 p.m.
A motion by Commissioner Doucette and seconded by Commissioner Achtelik to approve the
agenda as printed passed unanimously.
BIAS/HATE CRIME RESPONSE PLAN
Chair Lerbs explained that the Bias/Hate Crime Response Plan Proposal is a concerted effort
to establish a local response to bias/hate crimes and to join with the League of Minnesota
Human Rights Commission in establishing a state -wide response mechanism to counter hate
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and bias crimes.
The most recent draft of the Response Plan Proposal was available for discussion.
City Manager McCauley stated that an integrated community response is important. Any
response the City makes should interface with responses by other organizations and school
districts. Tapping into people who are skilled in certain areas is another key aspect of the
Response Team.
Commissioner Doucette noted that the school districts do not have set policy documented for
bias/hate issues. She noted that the school districts deal with the offender, but this Response
Team would minister to the victim.
Chair Lerbs commented that the list of organizations which might be a part of this Response
Plan is evolving.
Adam Graves, Brooklyn Center High School student liaison, arrived at 7:15 p.m.
City Manager McCauley suggested meeting with the school districts so that we know where
they stand in the sense of who should coordinate efforts and how they would handle a traumatic
issue. Also, deciding how to deal with negative publicity is important.
Councilmember Carmody suggested the City Manager or Assistant City Manager be part of the •
Response Team.
Commissioner Achtelik suggested that people experienced in any specific issue should be
included in the Response Team to better address that issue.
Commissioner Doucette added that there could be specialty "areas" and/or "people" for an
appropriate response.
Chair Lerbs noted the inclusion of Charlie LeFevere's comments regarding the draft Bias/Hate
Crime Response Plan Proposal. Mr. LeFevere recommended that the Response Team include
the City Manager or Manager's appointee. He also recommended that the Commission be
notified of such a bias/hate complaint as soon as possible by the police provided such
notification will not hamper on -going investigations or prosecution and is consistent with the
Minnesota Data Practices Act.
Councilmember Lasman inquired whether a large Response Team might possibly seem
insensitive or overwhelming to a victim.
City Manager McCauley responded that there may be a community -wide response to an issue
but that a small Response Team would serve the victim.
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Commissioner Doucette noted, too, that the Response Team could list available options to the
victim, leaving it to the victim's discretion whether to take advantage of any options.
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City Manager McCauley suggested identifying meeting ty g y gg fymg and me ng with various groups plus specific
people who have training and sensitivity to meet with victims. Also, communication with the
ministerial association could help get correct information out to people.
Mayor Kragness reminded the group that not all churches are part of the ministerial association.
Commissioner Doucette said that adjustments to the proposal sheet would be submitted to the
Council for their approval.
City Manager McCauley stated that the City liaison would be the new Assistant City Manager.
OTHER BUSINESS
Commissioner Doucette noted the Earle Brown Days parade in June and having a possible unit
in the parade.
Chair Lerbs noted that the Rotary Club of Brooklyn Center is seeking to honor outstanding
volunteers with a "Service Above Self Volunteer Awards Program" awards.
Chair Lerbs also noted that the Commission is working on a Human Rights Award in
• recognition of an individual, group, or business.
Councilmember Lasman stated that the Awards Night for Crime Prevention would be held
April 16, 1997, at 7 p.m., Constitution Hall.
City Manager McCauley reminded the group about the upcoming open houses at the Fire
station located on 65th and Dupont.
Chair Lerbs expressed thanks to the Council for coming to this joint meeting.
ADJOURNMENT
A motion by Commissioner Doucette and seconded by Commissioner Achtelik to adjourn the
meeting at 8:05 p.m. passed unanimously.
City Clerk Mayor
Recorded and transcribed by:
LeAnn Larson
• 4/9/97 -;-
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
APRIL 14, 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 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 Reverend Robert Cottingham, Lutheran Church of the Master.
® COUNCIL REPORTS
Councilmember Hilstrom expressed appreciation for the Financial Commission and reported
that one of the agenda items this evening is a result of their hard work.
Mayor Kragness gave several reminders: open house regarding building needs at the fire station
on 65th and Dupont Avenues on April 19, 1997; City -wide spring cleanup on April 26, 1997;
and, the Prayer Breakfast on April 19, 1997. The Mayor also thanked all staff and volunteers
who assisted with recent flood control efforts.
Councilmember Lasman reminded everyone of Awards Night for Crime Prevention, April 16,
1 997.
APPROVAL OF AGENDA AND CONSENT AGENDA
Councilmember Hilstrom requested that item 5.e. be removed from the consent agenda and
placed at the end of Consideration Items for discussion.
A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to approve
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the agenda and consent agenda with item 5.e. placed at the end of Consideration Items passed
unanimously.
APPROVAL OF MINUTES
A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to approve
minutes of the August 8, 1996 -- Special Session, February 18, 1997- -Joint Session with
Housing Commission, February 24, 1997 -- Regular Session, and March 10, 1997 -- Regular
Session as printed passed unanimously.
ORDINANCE AMENDIN T CHAP R 11 OF THE CITY ORDINANCES PROHIBITING
CERTAIN ACTIVITIES AT ESTABLISHMENTS LICENSED TO SELL INTOXICATING
LIQUOR. BEER. AND WIN
A motion was made by Councilmember Carmody to offer this Ordinance Amending Chapter
11 for a first reading and set May 12, 1997, for a public hearing and second reading. The
motion was seconded by Councilmember Hilstrom and passed unanimously.
BROOKLYN HISTORICAL SOCIETY REQUEST
The Brooklyn Historical Society requested permission from the City Council to place a
commemorative plaque acknowledging the restoration of the Earle Brown Farm and individuals
directly involved in the process. •
A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to allow the
Brooklyn Historical Society request passed unanimously.
RESOLUTION NO. 97-64
Member Carmody introduced the following resolution and moved its adoption:
RESOLUTION DECLARING SURPLUS PROPERTY
The motion for the adoption of the foregoing resolution was duly seconded by member
Hilstrom and passed unanimously.
RESOLUTION NO. 97 -65
Member Carmody introduced the following resolution and moved its adoption:
RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING
ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NOS. 1997 - 04.05, AND 06,
CONTRACT 1997 -F, FRANCE AVENUE, 69TH AVENUE TO NORTH CITY LIMITS,
STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS •
4/14/97 _�_
The motion for the adoption of the foregoing resolution was duly seconded by member
Hilstrom and passed unanimously.
• RESOLUTION NO, 97 -66
Member Carmody introduced the following resolution and moved its adoption:
RESOLUTION ESTABLISHING PARKING RESTRICTIONS ON FRANCE AVENUE
NORTH, 69TH AVENUE TO NORTH CITY LIMITS
The motion for the adoption of the foregoing resolution was duly seconded by member
Hilstrom and passed unanimously.
LICENSES
Mechanical Svstems
Allied Fireside 2700 North Fairview Avenue, Roseville
Blaine Heating, A/C & Electric, Inc. 13562 Central Avenue NE, Anoka
Conrad Mechanical Contractors, Inc. 509 1st Avenue NE, Minneapolis
Forced Air, Inc. 4131 Old Sibley Memorial Hwy, Eagan
Fore Mechanical, Inc. PO Box 130788, Roseville
Pete's Repair, Inc. 8835 Xylon Avenue North, Brooklyn Park
Sedgwick Heating & A/C Company 8910 Wentworth Avenue South, Minneapolis
Motor Vehicle Dealership
Brookdale Chrysler Plymouth 6121 Brooklyn Boulevard
Brookdale Ford 2500 County Road 10
R. L. Brookdale Motors, Inc. 6815 Brooklyn Boulevard
Bob Ryan Oldsmobile 6700 Brooklyn Boulevard
Rental Dwellings
Renewal:
Lutheran Social Service of MN 6018 Admiral Place
Howard & Harriet Oien 5809 Brooklyn Boulevard
Richard Schurman 4204 Lakebreeze Avenue North
Lutheran Social Service of MN 3612 55th Avenue North
Lawrence Florian 857 -861 70th Avenue North
S. Richard Silverness 873 -877 70th Avenue North
James Hokanson 881 -885 70th Avenue North
Myrna L. Hubert 5300 70th Circle
Si }n Hang
Suburban Liahtin¢. Inc. 6077 Lake Elmo Avenue North, Stillwater
• 4/14/97 _3_
DR AFT
OPEN FORUM
Rod o Snyder and J Bl r 'v •
y rry the Ri erwood Neighborhood Association,
presented a petition signed by members of the Association expressing appreciation to the
Mayor, Council members, City Manager, and all City staff for the quick and complete efforts
in establishing an emergency plan to combat potential flooding along the Mississippi River.
PUBLIC HEARING
AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING
THE ZONING CLASSIFICATION OF CERTAIN LAND (BROOKDALE MITSUBISHI)
City Manager McCauley explained that this ordinance was first read on January 27, 1997, and
published in the official newspaper. This housekeeping ordinance amendment is the last step
in the rezoning process and would redescribe the properties rezoned through the Planned Unit
Development approval for Brookdale Mitsubishi which was granted by the Council under
Resolution No. 97 -09. The ublic hearing was held on February 24 1997 and was tabled
P � as3' ,
pending the approval and filing of a plat that contained the new legal descriptions utilized in
the zoning ordinance amendment. The plat has been approved and filed with Hennepin County.
The public hearing is continued tonight.
A motion by Councilmember Carmody and seconded by Councilmember Lasman to reopen the
public hearing passed unanimously. •
No public input was offered.
A motion by Councilmember Lasman and seconded by Councilmember Carmody to close the
public hearing passed unanimously.
ORDINANCE NO. 97 -05
Member Lasman introduced the following ordinance and moved its adoption:
AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING
THE ZONING CLASSIFICATION OF CERTAIN LAND (BROOKDALE MITSUBISHI)
The motion for the foregoing ordinance was duly seconded by member Carmody and passed
on a vote of Councilmembers Carmody, Lasman, and Peppe and Mayor Kragness voting aye;
Councilmember Hilstrom voted nay.
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DRAFT
COUNCIL CONSIDERATION ITEMS
• RESOLUTION -AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO
A JOINT AND COOPERATIVE AGREEMENT FOR THE ANOKA- HENNEPIN EM
NARCOTICS & VIOLENT-CRIMES TASK FORCE
City Manager McCauley explained that the Anoka- Hennepin East Metro Narcotics and Violent
Crimes Task Force joint powers agreement was being presented for Council approval. In the
past, the terms of the joint powers agreement has required annual approval by all of the
participating governmental units. The proposed joint powers agreement would now allow any
participating unit to withdraw from the joint powers agreement by giving written notice on or
before June 1 of each year that would be effective at the end of the year.
RESOLUTION NO. 97-67
Member Lasman introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO
A JOINT AND COOPERATIVE AGREEMENT FOR THE ANOKA- HENNEPIN EM
NARCOTICS & VIOLENT CRIMES TASK FORCE
The motion for the adoption of the foregoing resolution was duly seconded by member Peppe
and passed unanimously.
• RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR
VOLUNTEERS PARTICIPATING N THE COMML19TY EFFORT TO PROVIDE FLOOD
PROTECTION
'vIayor Kragness acknowledged and expressed the community's appreciation for the many
citizens, organizations, businesses, and governmental units who participated in a community
effort to provide flood protection for several homes in Brooklyn Center facing potential
flooding recently. This outpouring of community support resulted in the ability to very quickly
construct flood control protection above the anticipated crest of the flood. These many
volunteers and organizations are hereby recognized and thanked for their participation in this
flood control effort.
RESOLUTION NO. 97 -68
Member Hilstrom introduced the following resolution and moved its adoption:
RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR
VOLUNTEERS PARTICIPATNG IN THE COMMUNITY EFFORT TO PROVIDE FLOOD
PROTECTION
• 4/14/97 -5-
DRAFT
The motion for the adoption of the foregoing resolution was duly seconded by member
Carmody and passed unanimously. •
PROCLAMATION DECLARING APRIL 19 1997 TO BE A DAY OF SPIRITUAL
REDEDICATION IN BROOKLYN CENTER
Mayor Kragness noted that Brooklyn Center's Prayer Breakfast is set for April 19, 1997. This
event calls upon all citizens to reflect upon our heritage and join in quiet reverence and
dedication, acknowledging the importance of our future leaders and the youth of our
community.
A motion was made by Councilmember Hilstrom declaring April 19, 1997, a Day of Spiritual
Rededication in Brooklyn Center. The motion was seconded by Councilmember Carmody and
passed unanimously.
RESOLUTION RECOGNIZING THE DESIGNATION OF BROOKLYN CENTER AS A
TREE CITY USA AND ACKNOWLEDGING RECEIPT OF A GROWTH AWARD• AND
PROCLAMATION DECLARING APRIL 25 1997 ARBOR DAY AND MAY 1997 ARBOR
MONTH IN BROOKLYN CENTER
City Manager McCauley noted that Brooklyn Center has strived for and achieved designation
as a Tree City USA by the National Arbor Day Foundation for each of the past five years. This
national award recognized communities with effective community forestry programs. This •
year, Brooklyn Center has also been awarded a Growth Award to recognize special
accomplishments in 1996 which show leadership and commitment in urban forestry.
Also, this proclamation would declare April 25, 1997, Arbor Day, and May 1997 as Arbor
Month in Brooklyn Center.
RESOLUTION NO. 97-69
Member Hilstrom introduced the following resolution and moved its adoption:
RESOLUTION RECOGNIZING THE DESIGNATION OF BROOKLYN CENTER AS A
TREE CITY USA AND ACKNOWLEDGING RECEIPT OF A GROWTH AWARD
The motion for the adoption of the foregoing resolution was duly seconded by member
Carmody and passed unanimously.
A motion was made by Councilmember Hilstrom to proclaim April 25, 1997, Arbor Day, and
May 1997 as Arbor Month in Brooklyn Center. The motion was seconded by Councilmember
Carmody and passed unanimously.
4/14/97 -6- •
DRAFT
RESOLUTION CLOSING THE SPECIAL ASSESSMENT REFUNDING BONDS OF 1987
DEBT SERVICE FUND AND TRANSFERRING ITS REMAINING ASSETS TO THE
• SPECIAL ASSESSMENT CONSTRUCTION FUND
City Manager McCauley explained that this resolution would close a debt service fund which
handled the expenditures related to the payment and interest costs of special assessment
refunding bonds that were issued in 1987 to refund special assessment bonds that were
originally issued in 1982. The final payment of principal and interest on these bonds was made
on February 1, 1997. These assets should be transferred to the Special Assessment
Construction Fund to be consistent with the use of this fund for street construction projects cash
flow.
RESOLUTION NO. 97-70
Member Hilstrom introduced the following resolution and moved its adoption:
RESOLUTION CLOSING THE SPECIAL ASSESSMENT REFUNDING BONDS OF 1987
DEBT SERVICE FUND AND TRANSFERRING ITS REMAINING ASSETS TO THE
SPECIAL ASSESSMENT CONSTRUCTION FUND
The motion for the adoption of the foregoing resolution was duly seconded by member
Carmody and passed unanimously.
• RESOLUTION APPROVING SPECIFICATIONS FOR REQUESTS FOR PROPOSALS FOR
RISK MANAGEMENT CONSULTING SERVICES
City Manager McCauley explained that 1997 was the year for doing requests for proposals
(RFP) for risk management services per the adopted Policy and Procedure on Requests for
P -. posals for Financial Profession Services. Banking services were done in 1996 due to service
issues. The Brooklyn Center Financial Commission has recommended a draft specification
for soliciting proposals from interested vendors for risk management services.
RESOLUTION NO. 97-71
Member Peppe introduced the following resolution and moved its adoption:
RESOLUTION APPROVING SPECIFICATIONS FORREQUESTS FORPROPOSALS FOR
RISK MANAGEMENT CONSULTING SERVICES
The motion for the adoption of the foregoing resolution was duly seconded by member
Carmody and passed unanimously. y
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DRAFT
SET DATES FOR MEETINGS
Mayor Kragness noted several dates for u coming meetin s: •
P b upcoming
s:
23, 1997, 7 p.m. - City Council Work Session, City Hall
April 30, 1997, 7 p.m. - Southeast Neighborhood to Discuss Neighborhood Watch and the 53rd
Avenue Project, Earle Brown Elementary School
Change Date of Council Work Session from May 19 to May 22, 1997, 7 p.m., City Hall
A motion by Councilmember Carmody and seconded by Councilmember Lasman to set the
dates for the above noted meetings passed unanimously.
UPDATE ON 53RD AVENUE PROJECT
City Manager McCauley briefly recapped the 53rd Avenue project. The City has acquired
about one -half of the properties, and the EDA has authorized advertisement for bids for
contracts to demolish five units which have already been acquired. There are several houses
that may be moved, and this will come before the Council at a later date. He emphasized that
the 53rd Avenue project has not been altered from the original Council - approved plan. The
plan consists of a greenstrip along 53rd Avenue with a walking/biking trail and includes
redevelopment of the area north of that trail with owner- occupied housing, either single - family
units, townhomes, or a combination. Requests for proposals for the development of the 53rd
Avenue area have been prepared, and a few responses have been received. City staff will meet •
with the developers to discuss the proposed ideas. Once more concrete ideas are defined, the
Council and a neighborhood group consisting of residents in the area who would be impacted
by this redevelopment would discuss the ideas, designs, configurations, and access to Bellvue
Park. Mr. McCauley said the City is proceeding to look at the properties which have been
vacated to look at the demolition, sale, or removal to another site.
Councilmember Hilstrom asked what would be the price range of the homes. City Manager
McCauley responded that the target is homes in the $110,000- $120,000 range.
RESOLUTION NO. 97-72
Member Hilstrom introduced the following resolution and moved its adoption:
RESOLUTION ACCEPTING BID AND AWARDING CONTRACT, IMPROVEMENT
PROJECT NOS. 1997 -01, 02, AND 03, CONTRACT 1997 -E, ORCHARD LANE WEST,
STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS
The motion for the adoption of the foregoing resolution was duly seconded by member
Carmody and passed unanimously. v
4/14/97 _g_ •
DRAFT ADJOURNMENT
• A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to adjourn
the meeting at 7:40 p.m. passed unanimously.
City Clerk Mayor
Recorded and transcribed by:
LeAnn Larson
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• MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
BOARD OF EQUALIZATION
APRIL 21, 1997
CITY HALL
CALL TO ORDER
The Brooklyn Center City Council met as the Board of Equalization and was called to order by
Mayor Myrna Kragness at 7 p.m.
ROLL CALL
Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Debra Hilstrom, Kay Lasman, and
Robert Peppe. Also present were City Assessor Stephen Baker, Senior Appraiser Joe DaBruzzi,
Hennepin County Assessor Tom May, and Council Secretary Sharon Knutson.
MOMENT OF SILENCE
Mayor Kragness requested a moment of silence for the flood victims.
STATEMENT OF BOARD OF EQUALIZATION
City Assessor Baker explained the purpose of the Board of Equalization is to review the assessed
valuation and classification of property within the city. This year's review is limited to the 1997
assessment; it affects taxes payable in 1998. The review by the board focuses only on either the
market value or the classification of each property.
REVIEW OF MINNESOTA PROPERTY TAX SYSTEM
City Assessor Baker reviewed definitions relative to the classification of properties, including
residential, condominiums, riverfront, commercial, industrial, and apartments. The overall growth
in assessed values from the previous year for residential property was measured at approximately
2.6% citywide.
APPEARANCES BY TAXPAYERS WITH APPOINTMENTS
City Assessor Baker reported there were no pre - arranged appointments.
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APPEARANCES BY TAXPAYERS WITHOUT APPOINTMENTS
•
Robert Cienik. 1508 55th Avenue North
Robert Cienik, 1508 55th Avenue North, appeared before the Council questioning why his property
value decreased. He has heard rumors of the Humboldt Parkway project and asked if the City was
decreasing his property value so the City could buy his property at a much lower cost. He would like
to do some remodeling to his home, but he doesn't want to invest in it if it is slated to be purchased
by the City.
Mayor Kragness responded that Hennepin Community Works is a project which was brought before
the City Council and the City opted not to participate. The City of Minneapolis is a participant and
the Humboldt Avenue development will occur along Humboldt Avenue south of 53rd Avenue.
Regarding the decreased property value, City Assessor Baker responded that the property's land
value went down. This could also be due to a combination with regard to the age and the
characteristics of the home.
Gry_Grove. 6520 Ewing Avenue North
Gary Grove, 6520 Ewing Avenue North, appeared before the Council questioning whether the City
Assessor has taken into account that his home does not have a basement nor an upstairs when
figuring the value. He indicated he was updating his homeowner's insurance and the agent informed
him that the replacement value of his home is $53,000. Based on the Assessor's value of $72,600,
he asked if the land was worth $20,000. •
City Assessor Baker responded that the value of the land is $22,000; the building is $50,600. He
also said that having no basement is factored into the value, a deduction of $5,760.
Mr. Grove asked Mr. Baker if this was a fair property value.
City Assessor Baker responded affirmatively.
CONSIDERATION OF WRITTEN APPEALS
City Assessor Baker reported there were no written appeals received.
MOTION TO AFFIRM THE BALANCE ANCE OF THE ASSESSMENT
A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to affirm the
balance of the 1997 assessment and accept the City Assessor's recommendation on the properties
appearing at the Board passed unanimously.
04/21/97 -2-
DRAFT
ADJOURNMENT
• A motion b Councilmember Carmody and seconded by Councilmember Hilstrom to adjourn the
meeting at 7:27 p.m. passed unanimously.
City Clerk Mayor
•
• 04/21 /97 -3-
• MEMORANDUM
DATE: May 6, 1997
TO: Michael McCauley, City Manager
FROM: Scott Brink, City Engineer�p
SUBJECT: Resolution Accepting Work and Authorizing Final Payment, Improvement Project No.
1996 -18, Well #10 Routine Maintenance
On November 6, 1996, the City Council established Improvement Project No. 1996 -18 per
Resolution No. 96-218. A contract was subsequently awarded to Alberg Water Services, LLC of
Elk River, MN.
You will recall that this contract, as do all our contracts for well maintenance, of two parts: a
base bid and a schedule of unit prices for additional work required. The contract is awarded by
comparing both the base bid and the unit prices. In this case, Alberg submitted the lowest quote
for both the base bid and most of the additional work items likely to be needed.
This project was quoted as a base bid quote of $11,395.00. The base bid quote generally consists
• of the cost of removing or "pulling" the well from service and subsequent inspection. In addition
to the base bid, additional unit prices are also submitted to provide for actual repair and
maintenance costs, including parts and labor on items such as the shaft, motors, mounting
brackets, etc. The additional repair costs are not known until the well is actually pulled and
inspected. Upon inspection, the contractor and the public utilities staff jointly determine what
additional work needs to be done, and the utility supervisor authorizes the work to be completed.
On past projects, these additional repair item costs generally have ranged between $5,000 and
$15,000. For this particular project, additional repair costs in the amount of $12, 254.25 were
incurred, bringing the total contract amount to $23,649.25. Among the repair costs were the
following:
• Replacement of several sections of 12 inch diameter column pipe
• Replace column couplings
• Furnish and install stainless steel headshaft and discharge head bearing
• Furnish and install a complete set of bowl bearings
• Reassemble bowl assembly
• Replace the majority of the bearing retaining rings
• Replace impeller lock collets and lineshaft wear sleeves
An amount of $25,000 was allocated in the Capital Improvement Program and the water utility
budget to provide for the repair of this well.
• The Contractor has successfully completed all work specified. The final value of the work
performed is $23,649.25, and we recommend authorizing final payment.
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Member introduced the following resolution and moved its
• adoption:
RESOLUTION NO.
RESOLUTION ACCEPTING WORK AND AUTHORIZING FINAL PAYMENT,
IMPROVEMENT PROJECT NO. 1996 -18, WELL #10 ROUTINE MAINTENANCE
WHEREAS, pursuant to a written contract with the City of Brooklyn Center,
Minnesota, Alberg Water Services, LLC has satisfactorily completed the following improvement in
accordance with said contract:
Improvement Project No. 1996 -18, Contract 1997 -B
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn
Center, Minnesota that:
1. The work completed under said contract is accepted and approved according
to the following schedule:
As Established As Finaled
• Contract $11,395 $23,649.25
Plus unit price schedule
2. It is hereby directed that final payment be made on said contract, taking the
Contractor's receipt in full. The total amount to be paid for said improvement
under said contract shall be $23,649.25.
3. All costs for Project No. 1996 -18 will be financed by the Water Utility Fund.
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.
5c
• MEMORANDUM
DATE: May 6, 1997
TO: Michael McCauley, City Manager
FROM: Scott Brink, City Engineer �0
SUBJECT: Resolution Establishing Improvement Project No. 1997 -09, 1997 Sealcoating,
Approving Plans and Specifications, and Authorizing Advertisement for Bids
The 1997 Street Maintenance budget includes an appropriation of $100,000 for the continuation
of the City's established street sealcoating program. Based upon the amount of streets to be
sealcoated, and the estimated unit costs, an engineer's estimate of $73,150 has been tabulated.
Accordingly, plans and specifications have been prepared for this year's proposed sealcoat
program. A resolution is attached which will establish this improvement project, approve plans
and specifications and authorize an advertisement for bids for Improvement Project No. 1997 -09,
1997 Sealcoat Program.
•
•
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• adoption: Member introduced the following resolution and moved its
RESOLUTION NO.
RESOLUTION ESTABLISHING PROJECT NO. 1997 -09, 1997 SEALCOATING,
APPROVING PLANS AND SPECIFICATIONS, AND AUTHORIZING
ADVERTISEMENT FOR BIDS
WHEREAS, the City Council has appropriated monies in 1997 to provide for the
maintenance and upkeep of city streets, including the annual Sealcoat Program; 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. Project No. 1997 -09, 1997 Sealcoating is hereby established.
2. The plans and specifications for said improvement project are hereby approved
and ordered filed with the City Clerk.
• 3. 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
DATE: May 7, 1997
TO: Michael McCauley, City Manager
FROM: Diane Spector, Director of Public Services
SUBJECT: An Ordinance Granting to Northern States Power Company, a Minnesota
Corporation, its Successors and Assigns, Permission to Construct, Operate, Repair
and Maintain in the City of Brooklyn Center, Minnesota, an Electric Distribution
System and Transmission Lines, Including Necessary Poles, Lines, Fixtures and
Appurtenances, for the Furnishing of Electric Energy to the City, its Inhabitants,
and Others, and to Use the Public Ways and Public Grounds of the City for Such
Purposes
This item represents the renewal of NSP's franchise to operate an electric distribution system and
• transmission lines in Brooklyn Center. This franchise was last reviewed and renewed 20 years
ago, in 1977. This proposed franchise is based upon an Suburban Rate Authority/League of
Minnesota Cities model franchise ordinance. It is very similar to a franchise recently adopted by
the City of Edina.
This ordinance is presented for discussion and a first reading. It has been reviewed by the City
Attorney and by NSP and found acceptable by all parties. We believe it strikes a reasonable
balance between NSP's desire to protect its business interests and establish fixed regulatory
parameters for the operation of its utility and the City's desire to protect the public interest and
preserve flexibility in an environment of deregulation and change in the electric utility industry.
In general, this ordinance grants NSP the right to provide electric energy in the City for a period
of 20 years. The ordinance provides that electric facilities on public grounds or rights of way
will be located as determined or approved by the City. Pavement cuts may not be made without
the previous permission of the City, unless it is an emergency situation. The City may impose a
fee for pavement cuts. Prior to now, the City has not imposed a street cut permit fee, however, it
is likely that such a fee will be considered in the near future. Finally, the franchise contains a
"reopener clause," which allows the City to reopen negotiations on the franchise in 10 years if
there are provisions which other cities are negotiating in their franchise agreements which we
would like to have in ours. It also provides the City with the opportunity to address regulatory or
other issues which may arise in the next 10 years.
•
• Subdivisions 3.7 and 4.1 are especially relevant given the Neighborhood Street and Utility
Improvement Program. It has been past practice and will continue to be a priority for the City to
involve NSP and other private utilities in the design process for improvement projects as soon as
possible. The City's franchise has always required NSP to relocate its facilities within the right
of way at no charge to the City, if such a relocation is necessary to accommodate a new street
design (such as relocating street lights when a street is widened). If the city desires an upgrade to
the electric facilities (for example, undergrounding overhead power lines or replacing wooden
street light poles with fiberglass poles), then that cost increment is the City's responsibility. A
new provision provides for NSP and the City to execute agreements regarding specific
improvement projects wherein the City may specify dates certain by which NSP's work should
be completed, and consequences should the work not be completed. This would be especially
helpful for projects in which timing is critical and delays may result in increased cost or
inconvenience.
Finally, the franchise ordinance provides that the city may, by separate, future ordinance, impose
a franchise fee. The basic structure of such a fee is laid out in this franchise agreement, but the
reopener clause also provides the City with the right to revisit the franchise fee structure after 10
years if other cities have negotiated more favorable fees. At this time, there is no intent to
consider such a fee, but this section would provide the City with the right to consider a fee in the
future.
•
•
Kennedy i 470 Pillsbury Center
200 South Sixth Street
Minneapolis MN 55402
(612) 337 -9300 telephone
0 • . (612) 337 -9310 fax
CHARTERED e - mail: attys@kennedy- graven.com
CHARLES L. LEFEVERE
Attorney at law
Direct Dial (612) 337 -9215
April 28, 1997
Ms. Diane Spector
City of Brooklyn Center
6301 S hingl e. Creek. P ari_wa
Brooklyn Center MN 55430
Re: Proposed Franchise With NSP
Dear Diane:
As you know, the original franchise agreement proposed by the City for NSP was not acceptable
to NSP. However, after negotiations with the utility, we have come up with a compromise which
is apparently acceptable to NSP.
•
NSP had two primary concerns about the City's original proposal. The first was that the City's
proposal did not contain any limitations on the franchise fee which could be imposed by the City.
The proposed language of NSP would place a cap on the total amount of franchise fee equivalent
to 2% of the gross revenues on electric charges collected by NSP from customers in the City.
Because few cities have established new franchises with NSP in the recent past, staff was
concerned that other cities might be successful in negotiating franchise agreements with higher
fees after agreement had been reached between NSP and Brooklyn Center. We were concerned
that future councils might be dissatisfied with our agreement to a 2% cap if other cities are
'iiibsc(IuC"Y able to l -ate sLi` s liiZ;l.t:.a �:u:::;12i; i, fe e - . . ' rrc �+lem is !Clrlrrs ;e�i hc�
proposed Section 10 which rovides that if w
p two or more cities in the seven count metropolitan
Y P
area adopt ordinances pursuant to their franchises at a higher rate than that which is allowed
under the proposed Brooklyn Center franchise, the City could compel NSP to either amend the
Brooklyn Center franchise to provide for such higher franchise fees or terminate the franchise.
Therefore, although the franchise fee is limited to 2%, if other cities are successful in negotiating
new franchises allowing for higher franchise fees, and such higher fees are imposed by those
cities, the City of Brooklyn Center will not - be disadvantaged by agreeing to 2% at the current
time.
NSP's second concern related to the term of the franchise. Staff originally proposed a franchise
term of ten a
• years rather than the traditional �0 year term. It was staff's concern that there is
good deal of legislative activity on matters related to public use of the right -of -way and utility
CLL12174
98291 -tai
Ms. Diane Spector
April 28, 1997
Page 2
regulation and that an agreement for 20 years could prove to be disadvantageous as a result of
the rapidly changing scheme of regulation of utilities. NSP, on the other hand, was not willing
to accept a ten year term because of the burden of having to negotiate franchises within all of
the cities in its service area as frequently as every ten years.
This second concern is addressed in the proposed amended language of Section 10 to provide
that, although the franchise term would be 20 years, at any time after ten years, if two or more
other cities in the metropolitan area were successful in negotiating different franchise terms than
those contained in the Brooklyn Center franchise, the City could compel NSP to amend the
Brooklyn Center franchise to incorporate those same tcrtns or, if NSP were u nwil' ng to amend
the franchise, to terminate the franchise.
This compromise does not put the City in the same position as it would be if the franchise term
were only ten years. However, if the changes in regulation of public right -of -way or deregulation
of the utility industry results in a situation in which substantially different franchise terms are
more appropriate, and two or more cities in the metropolitan area are able to negotiate more
appropriate terms, the City of Brooklyn Center would be able to take advantage of those same
terms or terminate the franchise.
• The ro osed franchise • s
p p a amended appears to be in proper legal form. if the terms are
acceptable to the City Council as a matter of business judgment, I would recommend that the
proposed amended franchise be adopted.
If you have any questions about any of the terms of the franchise, please feel free to give me a
call.
Very truly yours,
Charles L. LeFevere
CLL:lh
•
PP -9l 161
• CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the 9th day of June, 1997, at 7 p.m. or as
soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider
an ordinance granting Northern States Power Company a franchise to construct, operate, repair, and
maintain an electric distribution system and transmission lines in Brooklyn Center and to use public
ways and grounds for such purposes.
Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance.
Please contact the City Clerk at 569 -3300 to make arrangements.
ORDINANCE NO.
AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY,
A MINNESOTA CORPORATION ITS SUCCESSORS AND ASSIGNS,
PERMISSION TO CONSTRUCT OPERATE REPAIR AND MAINTAIN IN THE
CITY OF BROOKLYN CENTER. MINNESOTA. AN ELECTRIC DISTRI13UTION
SYSTEM AND TRANSMISSION LINES. INCLUDING NECESSARY POLES,
LINES. FIXTURES AND APPURTENANCES FOR THE FURNISHING OF
ELECTRIC ENERGY TO THE CITY ITS INHABITANTS AND OTHERS AND
TO USE THE PUBLIC WAYS AND PUBLIC GROUNDS OF THE CITY FOR
SUCH PURPOSES
•
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS:
Section 1. DEFINITIONS.
Subdivision 1. City The City of Brooklyn Center, County of Hennepin, State of
Minnesota.
Subdivision 2. City Utility System Facilities used for providing sewer, water, or any
other public utility service owned or operated by City or agency thereof.
Subdivision 3. Commission The Minnesota Public Utilities Commission, or any
successor agency or agencies, including an agency of the federal government which preempts all or part
of the authority to regulate electric retail rates now vested in the Minnesota Public Utilities Commission.
Subdivision 4. Company. Northern States Power Company, a Minnesota corporation,
its successors and assigns.
Subdivision 5. Electric Facilities Electric transmission and distribution towers, poles,
lines, guys, anchors, conduits, fixtures, and necessary appurtenances owned or operated by Company
for the purpose of providing electric energy for public use.
Subdivision 6. Non - betterment Costs Costs incurred by Company from relocation,
• removal or rearrangement of Electric Facilities that do not result in an improvement to the Electric
Facilities.
• Ordinance No.
Subdivision 7. Notice. A writing served by any party or parties on any other party or
parties. Notice to Company shall be mailed to the General Counsel, Law Department, 414 Nicollet Mall,
Minneapolis, MN 55401. Notice to the City shall be mailed to the City Clerk, 6301 Shingle Creek
Parkway, Brooklyn Center, MN 55430. Either party may change its respective address for the purpose
of this Ordinance by written notice to the other party.
Subdivision 8. Public Ground Land owned by the City for park, open space or similar
purpose, which is held for use in common by the public.
Subdivision 9. Public Way Any street, alley, walkway or other public right -of -way
within the City.
S ection 2. FRANCHISE.
Subdivision 1. Grant of Franchise City hereby grants Company, for a period of twenty
(20) years, the right to transmit and furnish electric energy for light, heat, power and other purposes for
public and private use within and through the limits of the City as its boundaries now exist or as they
may be extended in the future. For these purposes, Company may construct, operate, repair and maintain
Electric Facilities in, on, over, under and across the Public Ways and Public Grounds of City, subject
to the provisions of this Ordinance. Company may do all reasonable things necessary or customary to
• accomplish these purposes, subject, however, to such reasonable regulations as may be imposed by the
City pursuant to ordinance and to the further provisions of this franchise agreement.
Subdivision 2. Effective Date: Written Acceptance. This franchise shall be in force and
effect from and after its passage and its acceptance by Company, and its publication as required by law.
An acceptance by Company must be filed with the City Clerk within ninety (90) days after publication.
Subdivision 3. Service. Rates and Area. The service to be provided and the rates to be
charged by Company for electric service in City are subject to the jurisdiction of the Commission. The
area within the City in which Company may provide electric service is subject to the provisions of
Minnesota Statutes, Section 216B.40.
Subdivision 4. _Publication Expense. The expense of publication of this Ordinance shall
be paid by Company.
Subdivision 5. Dispute Resolution If either party asserts that the other party is in
default in the performance of any obligation hereunder, the complaining party shall notify the other party
of the default and the desired remedy. The notification shall be written. Representatives of the parties
must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is
not resolved within thirty (3 0) days of the written notice, the parties may jointly select a mediator to
facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a
mediator is not used or if the parties are unable to resolve the dispute within thirty (30) days after first
meeting with the selected mediator, either party may commence an action in District Court to interpret
• and enforce this franchise or for such other relief as may be permitted by law or equity for breach of
contract, or either party may take any other action permitted by law.
• Ordinance No.
S ection 3. LOCATION, OTHER REGULATIONS.
Subdivision 1. Location of Facilities. Electric Facilities shall be located and constructed
so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and
so as not to disrupt normal operation of any City Utility System previously installed therein. Electric
Facilities shall be located on Public Grounds as determined by the City. Company's construction,
reconstruction, operation, repair, maintenance and location of Electric Facilities shall be subject to other
reasonable regulations of the City. Under this franchise agreement the City does not relinquish its police
power regulatory authority and Company does not relinquish its eminent domain authority.
Subdivision 2. Field Locations. Company shall provide field locations for any of its
underground Electric Facilities consistent with the requirements of Minnesota Statutes, Chapter 216D.
Subdivision 3. Street Openings. Company shall not open or disturb the paved surface
of any Public Way or Public Ground for any purpose without first having obtained permission from the
City, for which the City may impose a reasonable fee. Permit conditions imposed on Company shall not
be more burdensome than those imposed on other utilities for similar facilities or work. Company may,
however, open and disturb the paved surface of any Public Way or Public Ground without permission
from the City where an emergency exists requiring the immediate repair of Electric Facilities. In such
event Company shall notify the City by telephone to the office designated by the City as soon as
practicable. Not later than the second working day thereafter, Company shall obtain any required
• permits and pay any required fees.
Subdivision 4. Restoration. After undertaking any work requiring the opening of any
Public Way or Public Ground, Company shall restore the same, including paving and its foundation, to
as good condition as formerly existed, and shall maintain the same in good condition for two (2) years
thereafter. The work shall be completed as promptly as weather permits, and if Company shall not
promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the
Public Way or Public Ground in the said condition, the City shall have, after demand to Company to cure
and the passage of a reasonable period of time following the demand, but not to exceed five (5) days,
the right to make the restoration at the expense of Company. Company shall pay to the City the cost of
such work done for or performed by the City, including its administrative expense and overhead, plus
ten percent (10 %) additional as liquidated damages. This remedy shall be in addition to any other
remedy available to the City for noncompliance with this Subdivision 3.4.
Subdivision 5. Shared Use of Poles. Company shall make space available on its poles
or towers for City fire, water utility, police or other City facilities whenever such use will not interfere
with the use of such poles or towers by Company, by another electric utility, by a telephone utility, or
by any cable television company or other form of communication company. In addition, the City shall
pay for any added cost incurred by Company because of such use by City.
Subdivision 6. Avoid Damaize to Electric Facilities. Nothing in this Ordinance relieves
any person from liability arising out of the failure to exercise reasonable care to avoid damaging Electric
Facilities while performing any activity.
•
Ordinance No.
•
Subdivision 7. Notice of Improvements. The City must give Company reasonable
notice of plans for improvements to Public Ways or Public Ground where the City has to believe
that Electric Facilities may affect or be affected by the improvement. The notice must contain: (i) the
nature and character of the improvements, (ii) the Public Ways and Public Grounds upon which the
improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will start
the work, and (v) if more than one Public Way or Public Ground is involved, the order in which the work
is to proceed. The notice must be given to Company a sufficient length of time in advance of the actual
commencement of the work to permit Company to make any necessary additions, alterations or repairs
to its Electric Facilities.
Section 4. RELOCATIONS.
Subdivision 1. Relocation of Electric Facilities in Public Warms. Except as provided in
Subdivision 4.3, if the City determines to vacate for a City improvement project, or to grade, regrade,
or change the line of any Public Way, or construct or reconstruct any City Utility System in any Public
Way, it may order Company to relocate its Electric Facilities located therein. Company shall relocate
its Electric Facilities at its own expense, and in a timely manner such as may be set forth in a document
executed by both parties. The City shall give Company reasonable notice of plans to vacate for a City
improvement project, or to grade, regrade, or change the line of any Public Way or to construct or
reconstruct any City Utility System. If a relocation is ordered within five (5) years of a prior City -
requested relocation of the same Electric Facilities, which was made at Company expense, the City shall
• reimburse Company for Non - Betterment Costs on a time and material basis, provided that if a
subsequent relocation is required because of the extension of a City Utility System to a previously
unserved area, Company may be required to make the subsequent relocation at its expense. Nothing in
this Ordinance requires Company to relocate, remove, replace or reconstruct at its own expense its
Electric Facilities where such relocation, removal, replacement or reconstruction is solely for the
convenience of the City and is not reasonably necessary for the construction or reconstruction of a Public
Way or City Utility System or other City improvement.
Subdivision 2. Relocation of Electric Facilities in Public Ground. Except as may be
provided in Subdivision 4.3, City may require Company to relocate or remove its Electric Facilities from
Public Ground upon a finding by City that the Electric Facilities have become or will become a
substantial impairment of the public use to which the Public Ground is or will be put. The relocation or
removal shall be at Company's expense.
Subdivision 3. Projects with Federal Funding Relocation, removal, or rearrangement
of any Company Electric Facilities made necessary because of the extension into or through City of a
federally -aided highway project shall be governed by the provisions of Minnesota Statutes, Section
161.46 as supplemented or amended. It is understood that the right herein granted to Company is a
valuable right. City shall not order Company to remove or relocate its Electric Facilities when a Public
Way is vacated, improved or realigned because of a renewal or a redevelopment plan which is financially
subsidized in whole or in part by the Federal Government or any agency thereof, unless the reasonable
Non- Betterment Costs of such relocation and the loss and expense resulting therefrom are first paid to
Company, but the City need not pay those portions of such for which reimbursement to it is not
• available.
Ordinance No.
•
Subdivision 4. No Waiver. The provisions of Section 4 apply only to Electric Facilities
constructed in reliance on a franchise and Company does not waive its rights under an easement or
prescriptive right, or State or County permit.
Section 5. TREE TRIMMING. Company may trim all trees and shrubs in the Public
Ways and Public Grounds of City interfering with the proper construction, operation, repair and
maintenance of any Electric Facilities installed hereunder, provided that Company shall save the City
harmless from any liability arising therefrom, and subject to permit or other reasonable regulation by
the City. Company shall confer with the City Forester prior to commencement of tree trimming on any
Public Grounds.
Section 6. INDEMNIFICATION.
Subdivision 1. Indemnification of City. Company shall indemnify, keep and hold the
City free and harmless from any and all liability on account of injury to persons or damage to property
occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operation
of the Electric Facilities located in the Public Ways and Public Grounds. The City shall not be
indemnified for losses or claims occasioned through its own negligence except for losses or claims
arising out of or alleging the City's negligence as to the issuance of permits for, or inspection of,
Company's plans or work. The City shall not be indemnified if the injury or damage results from the
performance in a proper manner of acts reasonably deemed hazardous by Company, and such
• performance is nevertheless ordered or directed by City after notice of Company's determination.
Subdivision 2. Defense of City In the event a suit is brought against the City under
circumstances where this agreement to indemnify applies, Company at its sole cost and expense shall
defend the City in such suit if written notice thereof is promptly given to Company within a period
wherein Company is not prejudiced by lack of such notice. If Company is required to indemnify and
defend, it will thereafter have control of such litigation, but Company may not settle such litigation
without the consent of the City, which consent shall not be unreasonably withheld. This section is not,
as to third parties, a waiver of any defense or immunity otherwise available to the City; and Company,
in defending any action on behalf of the City shall be entitled to assert in any action every defense or
immunity that the City could assert in its own behalf.
S ection 7. VACATION OF PUBLIC WAYS. The City shall give Company at least two
(2) weeks' prior written notice of a proposed vacation of a Public Way. Except where required for a City
improvement project, the vacation of any Public Way, after the installation of Electric Facilities, shall
not operate to deprive Company of its rights to operate and maintain such Electric Facilities, until the
reasonable cost of relocating the same and the loss and expense resulting from such relocation are first
paid to Company. In no case, however, shall City be liable to Company for failure to specifically
preserve a right -of -way under Minnesota Statutes, Section 160.29.
Section 8. CHANGE IN FORM OF GOVERNMENT. Any change in the form of
government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding
the City shall, without the consent of Company, succeed to all of the rights and obligations of the City
• provided in this Ordinance.
• Ordinance No.
Section 9. FRANCHISE FEE.
Subdivision 1. Fee Schedule During the term of the franchise hereby granted, and in
lieu of an permit or other fees being imposed n t
y p g p d o Company, he city may impose on Company a
franchise fee not to exceed an amount determined by collecting the amounts indicated in a fee schedule
set forth in a separate ordinance from each customer in the designated Company Customer Classification
for metered service at each and every customer location based on a fee schedule similar to the following:
Customer Classification Amount per month
Residential $
Small C & I and Municipal with no demand charge $
Small C & I and Municipal with demand charge $
Large C & I $
The amount from each customer in the Customer Classification shall be determined so that the total
amount collected annually from all customers does not exceed what is estimated by Company to be 2%
of total annual revenues from the sale of electric energy delivered through meters owned or read by
Company within the City. The separate ordinance must impose a franchise fee on the residential class,
which on an annual basis, totals at least 2% of Company's estimated total annual revenues to be
collected from all residential customers within the City. Company shall within 30 days of City's request
• provide City with revenue estimates for establishing a Fee Schedule.
Subdivision 2. Separate Ordinance The franchise fee shall be imposed by a separate
ordinance duly adopted by the City Council, which ordinance shall not be adopted until at least sixty (60)
days after written notice enclosing such proposed ordinance has been served upon company by certified
mail. The fee shall not become effective until at least sixty (60) days after written notice enclosing such
adopted ordinance has been served upon Company by certified mail. Subdivision 2.5 shall constitute
the sole remedy for solving disputes between Company and the City in regard to the interpretation of,
or enforcement of, the separate ordinance. No action by the City to implement a separate ordinance will
commence until this Ordinance is effective. A separate ordinance which imposes a lesser franchise fee
on the residential class of customers than an amount which collects 2% of the estimated total annual
revenues from the residential class shall not be effective against Company, unless the fee imposed on
each other Customer Classification in the Fee Schedule is reduced so that the total annual amount
estimated to be collected in any other Customer Classification shall not, as a percentage of the estimated
total annual revenues in that Customer Classification, exceed the em ercenta a b collected from the
P g a
residential class. The payment of a franchise fee as provided by this Subdivision 9.2 does not relieve
Company from paying fees to City unrelated to the installation, ownership, or operation of electric
facilities, such as building permit fees.
Subdivision 3. Terms Defined For the purpose of Section 9, the following definitions
apply:
"Customer Classification" shall refer to the classes listed on the Fee Schedule and as
• defined or determined in Company's electric tariffs on file with the Commission.
Ordinance No.
•
"Fee Schedule" refers to the schedule in Subdivision 9.1 setting forth the various
customer classes from which a franchise fee would be collected if a separate ordinance were
implemented immediately after the effective date of this franchise agreement. The Fee Schedule in the
separate ordinance may include new Customer Classifications added by Company to its electric tariffs
after the effective date of this franchise agreement.
"Final Order" refers to an order of the Commission changing company's electric service
rates for one or more of Company's Customer Classifications, if the order is not an interim order and
the time for appeal on such order has expired or all proceedings relating to the appeal have been
exhausted.
Subdivision 4. Collection of the Fee. The franchise fee shall be payable quarterly, and
shall be based on the amount collected by company during complete billing months during the period
for which payment is to be made by imposing a surcharge equal to the designated franchise fee for the
applicable Customer Classification in all customer billings for metered service in each class. The
payment shall be due the last business day of the month following the period for which payment is made.
The franchise fee may be changed by ordinance from time to time, however, each change shall meet the
same notice requirements and not occur more often than annually and no change shall require a
collection from any customer for metered service in excess of the amounts specifically permitted by this
Section 9. The time and manner of collecting the franchise fee is subject to the approval of the
• Commission, which Company agrees to use its best efforts to obtain. No franchise fee shall by payable
by Company if Company is legally unable to first collect an amount equal to the franchise free from its
customers in each applicable class of customers by imposing a surcharge in Company's applicable rate
for electric service. Company may pay the city the fee based upon the surcharge billed subject to
subsequent reductions to account for uncollectibles, refunds and corrections of erroneous billings.
Company agrees to make its records available for inspection by the City at reasonable times provided
that the City and its designated representative agree in writing not to disclose any information which
would indicate the amount paid by any identifiable customer or customers or any other information
regarding identified customers.
Subdivision S. Condition of the Fee. The separate ordinance imposing the fee shall not
be effective against Company unless it lawfully imposes and the City quarterly or more often collects
a fee or tax of the same or greater equivalent amount on the receipts from the sales of energy within the
City by any other energy supplier, provided that, as to a supplier, the City has the authority to require
a franchise fee or to impose a tax. The "same or greater equivalent amount" shall be measured, if
practicable, by comparing amounts collected as a franchise fee from each similar customer, or by
comparing, as to similar customers, the percentage of the annual bill represented by the amount collected
for franchise fee purposes. The franchise fee or tax shall be applicable to energy sales for any energy
use related to heating, cooling, or lighting, as well as to the supply of energy needed to run machinery
and appliances on premises located within or adjacent to the City, but shall not apply to energy sales for
the purpose of providing fuel for vehicles.
Subdivision 6. Permitted Ad If following the effective date of a separate
• ordinance as described in Subdivision 9.2 the Commission by Final Order approves a change in
Company's electric rates resulting in a general rate increase for one or more Customer Classifications,
• Ordinance No.
Company shall calculate and sed to the City a letter setting forth the amount, as a percentage, or
authorized increase for each classification of customer within sixty (60) days after Company receives
the Final Order. The amount of the franchise fee that may be imposed by the City may be increased
from the Fee Schedule in the separate ordinance to an amount not to exceed the percentage for the
applicable Customer Classification stated in Company's letter times each monthly amount set forth in
the Fee Schedule and adding the resultant amount to the applicable amount set forth in the Fee Schedule.
In this manner the franchise fee collected or permitted to be collected from each class of customer can
increase by the same percentage as Company's electric rate increase. During the period where the City
has imposed a franchise fee by separate ordinance under Subdivision 9.2 there is no waiver of the right
to impose the amendment if the City does not seek an increase in any franchise fee immediately after
any such letter from Company, and, if the City so chooses, the City can combine the percentages derived
from one or more rate case, to the extent not previously applied by the City, in setting the amount of the
franchise fee, so that the City is not prejudiced by delaying any action to impose or increase the franchise
fee.
Section 10. FRANCHISE REOPENER
If at any time after the date hereof, Company is collecting and paying a franchise fee
in two or more cities, in the seven -county metropolitan area, based on a franchise ordinance adopted by
such cities after the date of this franchise agreement and in which cities Company was not paying P Y Y
P g a
franchise fee in February, the City may Compa give Co n Notice to amend this franchise • �' �' Y a P Y agreement
g
to authorize collection of a franchise fee substantively identical to the franchise fee being collected in
two or more cities identified in the Notice. If Company refuses to do so within 90 days after receiving
said Notice from the City, the City may terminate this franchise agreement upon 30 days prior written
Notice unless Company gives Notice to the City within said 30 -day period that it will immediately agree
to accept an amendment of this ordinance authorizing collection of a fee under this franchise agreement
on the same terms and conditions and in an amount not exceeding the fee being collected in two or more
cities referenced in the City's Notice. In addition, after this franchise agreement has been in effect for
10 years, the City may give Company Notice that it desires to amend the franchise to incorporate specific
provisions which Company has agreed to in the franchise for two or more other cities of the second,
third, or forth class in the seven -county metropolitan area, based on a franchise ordinance adopted by
such cities after the date of this franchise agreement, which cities are identified in the Notice. If
Company refuses to do so within 90 days after receiving said Notice from the City, the City may
terminate this franchise upon 30 days prior written notice unless the Company within that time provides
Notice to the City that it will immediately agree to accept an amendment to this Ordinance incorporating
the desired franchise provisions existing in two or more other cities as referenced in the City's Notice.
Section 11. PROVISIONS OF ORDINANCE.
Subdivision 1. Severability. Every section, provision, or part of this Ordinance is
declared separate from every other section, provision, or part; and if any section, provision, or part shall
be held invalid, it shall not affect any other section, provision, or part. Where a provision of any other
City ordinance conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall
_ prevail.
•
Ordinance No.
•
Subdivision 2. Limitation on Applicability This Ordinance constitutes a franchise
agreement between the City and Company as the only parties and no provision of this franchise shall in
any way inure to the benefit of any third person (including the public at large) so as to constitute any
such person as a third party beneficiary of the agreement or of any one or more of the terms hereof, or
otherwise give rise to any cause of action in any person not a party hereto.
Section 12. AMENDMENT. This Ordinance may be amended at any time by the City
passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance
shall become effective upon the filing of Company's written consent thereto with the City Clerk within
ninety (90) days after the effective date of the amendatory ordinance.
Section 12. REPEAL OF EXPIRED FRANCHISE ORDINANCE. Sections 9 -201
through 9 -213 of the Brooklyn Center City Ordinances are hereby repealed.
Section 13. EFFECTIVE DATE. This ordinance shall be effective after adoption and
thirty days following its legal publication.
• Adopted this day of , 1997.
Mayor
ATTEST:
City Clerk
Date of Publication
Effective Date
•
• MEMORANDUM
TO: Michael J. McCauley, City Mana r
FROM: Sharon Knutson, Ci ty Clerk vd� ✓ �� ��"c�
DATE: May 8, 1997
SUBJECT: Licenses for Council Approval
The following companies/persons
g have applied for City licenses as noted. Each company /person
has fulfilled the requirements of the City Ordinance governing respective licenses and submitted
appropriate a lication
sand aid proper PP p p per fees.
Licenses to be approved by the City Council on May 12, 1997:
AMUSEMENT DEVICES - OPERATOR
Brooklyn Center Community enter 6301 Shingle tY Creek Pkwy.
wY
MECHANICAL SYSTEMS
Anderson Heating & Air Conditioning 4347 Central Ave. NE, Columbia Heights
Brooklyn Air Heating & Air
Y g Conditioning 5801 Lyndale Ave. N., Brooklyn Center
Harris Contracting Company 2300 Territorial Road, St. Paul
River City Sheet Metal Inc.
tY 10105 Linnet Street NW, Coon Rapids
RENTAL DWELLINGS
Initial:
David P. Wagtskjold 6854 West River Road
Renewal:
Irvin and Ruth Schloff 4819 Azelia Avenue North
Douglas and Kathleen Williams 5107 Drew Avenue North
Heidi and Lonnie Amundsen 2816 67th Lane North
SIGN HANGER
Leroy Signs, Inc. 6325 Welcome Ave. N., Brooklyn Park
Minnesota Sign Company, Inc. 791 South Garfield St., Cambridge
Signart Co., Inc. 2170 Dodd Road, Mendota Heights
TAXICAB
• Presto Express 6843 Colfax Ave. N.
Taxicab No. 121
- 7a-
• CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the 12th day of May, 1997, at 7 p.m.
or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway,
to consider an amendment to Chapter 11 of the City Ordinances prohibiting Certain activities
at establishments licensed to sell intoxicating liquor, beer, and wine.
Auxiliary aids for persons with disabilities are available upon request at least 96 hours in
advance. Please contact the City Clerk at 569 -3300 to make arrangements.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 11 OF THE CITY ORDINANCES
PROHIBITING CERTAIN ACTIVITIES AT ESTABLISHMENTS LICENSED
TO SELL INTOXICATING LIQUOR, BEER, AND WINE
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Section 1. Chapter 11 of the City Ordinances of the City of Brooklyn Center is
hereby amended as follows:
•
Section 11 -718 PROHIBITED ACTIVITIES.
Subdivision 1. Prohibition. It is unlawful for any licensee, owner or manager of
any establishment licensed under Sections 11 -40+ 101 through 11 -718 of this Code to cause,
commit, permit or allow in the licensed premises any of the activities listed in this section or any
similar activities or to sell liquor in any premises from which any such activities may be viewed
or heard.
Subdivision 2. Prohibited Activities. Activities referred to in Subdivision 1 of
this section include the following:
a. Nudity, sadomasochistic abuse or sexual conduct as those terms are defined
in Section 19 -1700 of this Code, either actual or simulated.
b. Mud wrestling, wet T -shirt contests, lingerie shows or displays, or strip-
tease dancing.
•
• ORDINANCE NO.
C. The display of any of the foregoing by any means including, but not limited
to, books, printed material, magazines, movies, pictures, videos, plays,
exhibitions, recordings, closed circuit television, productions, or any other
device or contrivance in any way which is capable of being used or adapted
to arouse interest, or to affect the human senses, whether through the
medium of reading, observation, sound or any other means.
Subdivision 3. Penalty. Violation of this section is grounds for revocation of any
license issued under Sections 11- 7$1.101 through 11 -718 of this Code.
Section 2. This ordinance shall be effective after adoption and thirty days
following its legal publication.
Adopted this day of , 1997.
•
Mayor
ATTEST:
City Clerk
Date of Publication
Effective Date
(Strikeout indicates matter to be deleted, underline indicates new matter.)
•
• MEMORANDUM
DATE: May 6, 1997
TO: Michael McCauley, City Manager
FROM: Joyce Gulseth, Administrative Aide �.
SUBJECT: Resolution Acknowledging Donation from the Medtronic Foundation for
Volunteer Projects
The Medtronic Foundation Community Impact Fund has presented to the City a donation of two
hundred dollars ($200) on behalf of Diane Swanson's volunteer work with the Adopt -A-
Park/Trail /Street program and has designated that it be used as we see fit.
The Community Impact Fund was established to support the volunteer efforts of Medtronic
employees and retirees. Employees and retirees who donate at least 40 hours of their time to an
eligible nonprofit organization may request a $200 donation for that organization.
Diane Swanson's endless enthusiasm and support has nurtured the Adopt- A- Park/Trail/Street
• program for the past five years. She has recruited five organizations to become involved in
cleanup efforts and has given countless hours of volunteer services.
•
• its adoption: Member introduced the following resolution and moved
RESOLUTION NO.
RESOLUTION ACKNOWLEDGING DONATION FROM THE MEDTRONIC
FOUNDATION FOR VOLUNTEER PROJECTS
WHEREAS, the Medtronic Foundation has presented to the City a donation of two
hundred dollars ($200) and has designated that it be used as the City sees fit; and
WHEREAS, the City Council is appreciative of the donations and commends the
Medtronic Foundation for its civic efforts.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota:
1. Acknowledges the donation with gratitude.
• 2. Appropriates the donations to the designated Adopt- a- Park/Trail Street
fund.
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.
•
Yb
• MEMORANDUM
TO: City Manager Michael J. McCauley
FROM: Charlie Hansen, Finance Director C H
DATE: May 6, 1997
SUBJECT: Capital Improvements Fund Expenditure Policy and Capital
Reserve Fund Policy
The Financial Commission has been considering a revision to the Capital
Improvements Fund Expenditure Policy which was originally adopted by the City
Council on January 10, 1994. The new proposal splits the Capital Improvements
Fund into two funds with a separate policy to govern the operation of each.
The first of these will still be called the Capital Improvements Fund and its policy
called the Capital Improvements Fund Expenditure Policy. This fund will no longer
have a minimum fund balance and the olic provides greater latitude in the projects
P YP g P J
• which may be undertaken but also defines the allowable ro'ects more clearly.
P J
The second will be called the Capital Reserve Fund and its policy called the Capital
Reserve Fund Policy. This fund will be created with an initial balance of
$1,000,000 transferred from the Capital Improvements Fund which will be increased
by interest earnings each year. It is intended that this balance will only be used in
the event of catastrophic situations in which the City suffers losses which aren't
covered by insurance. After such an event, the need for the reserve would be
analyzed and a new balance established.
The attached resolution adopts the two policies and authorizes the creation of the
Capital Reserve Fund.
• adoption: Member introduced the following resolution and moved its
RESOLUTION NO.
RESOLUTION ADOPTING THE CAPITAL IMPROVEMENTS FUND
EXPENDITURE POLICY, THE CAPITAL RESERVE FUND POLICY, CREATING
THE CAPITAL RESERVE FUND, AND TRANSFERRING MONEYS FROM THE
CAPITAL IMPROVEMENTS FUND TO THE CAPITAL RESERVE FUND
WHEREAS, The Financial Commission has recommended a Capital Improvements
Fund Expenditure Policy and a Capital Reserve Fund Policy to the City Council; and
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, there now exists the need for a Capital Reserve Fund to account for
moneys to be held in reserve for catastrophic losses; and
WHEREAS, there is a balance of $1,000,000 in the Capital Improvements Fund which
• is available to transfer to the Capital Reserve Fund.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn
Center, Minnesota, as follows:
I . That the Capital Improvements Fund Expenditure Policy and the Capital Reserve Fund
Policy are adopted.
2. That the classification of funds shall be expanded to include a Capital Reserve Fund.
3. Funds in the amount of $1,000,000 will be transferred from the Capital Improvements
Fund to the Capital Expenditure Fund as of January 1, 1997 to provide initial funding.
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.
•
•
fincomm \capolcy7
• CITY OF BROOKLYN CENTER
CAPITAL IMPROVEMENTS FUND EXPENDITURE POLICY
POLICY OBJECTIVE
The City of Brooklyn Center makes unrestricted capital expenditures through one of two funds.
Generally, small capital expenditures are funded through the general fund and planned for as part
of the annual budgeted process for the general fund. Large unrestricted capital expenditures are
funded through the capital improvements fund based on resolution 68 -246, which was approved
in 1968. Capital expenditures are also made through other funds such as the M.S.A. construction
fund, the special assessment construction fund, the water fund, the sanitary sewer fund, and the
storm drainage fund. These funds each have restrictions in place to guide their expenditures.
The objective of this policy is to clarify funding for all unrestricted capital expenditures by
specifically defining which capital expenditures are eligible for funding through the capital
improvements fund. Unrestricted capital expenditures not meeting the criteria for the capital
improvements fund must be made from the general fund operating budget.
Specifically excluded from this policy are capital expenditures that are to be reimbursed by
insurance proceeds. These may be accounted for through the capital improvements fund at the
• discretion of the Director of Finance.
SOURCE OF FUND
The sources are ad- valorem taxes, issuance of bonds, state and federal grants, transfers of
unrestricted balances from other funds and investment earnings.
USE OF FUNDS
The Capital Improvements Fund may be used, pursuant to this policy, for expenditures on capital
equipment, infrastructure improvements and construction, and similar projects having an
aggregate value in excess of $50,000. The types of expenditures contemplated by this policy
include ro'ects such as:
P J
- building construction, repair, reconstruction, and remodeling, including component
systems for heating, ventilation, and air conditioning
- equipment and furnishings, including furniture, lights, and communications cabling
- street repair, replacement and construction
• - park landscaping, shelters, and improvements
- computer, radio, and telephone systems
The expenditures from the Capital Improvements Fund are to be used for general governmental
• capital needs and not for enterprise fund capital needs, except as the general governmental portion
of a joint project for both general and enterprise purposes.
Additionally, the capital improvements fund may be used to provide loans to other funds
maintained by the City. However, loans from the capital improvement fund may only be made
to proprietary funds which have the ability to generate revenue and repay the loan within 10 years
at prevailing interest rates.
AUTHORITY TO SPEND
Expenditures meeting the above criteria may be funded through the capital improvements fund
based on the following authority limits:
A.) Expenditures from $0 to $50,000: Not eligible for funding from the capital
improvements fund. Funding is required through the general fund operating
budget.
B.) Expenditures from $50,001 to $300,000: The City Council may, through simple
majority, approve these expenditures.
C.) Expenditures over $300,001: Following a public hearing, City Council may,
• through a 4 /5th's majority, approve expenditures in this category.
SPENDING LIMITATION /FUND BALANCE REQUIREMENT
The objective as described above and reviousl defined in Resolution 68 -246 requires p y q s the. capital
improvements fund to be a permanent source of funding for planned major expenditures. As such,
the following criteria is established to comply with that intent:
Planned Expenditures: If the proposed capital expenditure is in excess of $300,000 it must
have been included in the five year capital improvements plan for at least two years.
Additionally, the five year capital improvements plan must be approved by the City
Council at a public hearing on an annual basis.
ROLE OF THE FINANCE COMMISSION
If a review of an expenditure is requested by the City Council from the Finance Commission, the
Finance Commission will respond on the basis of the following questions:
A) Does the expenditure comply with the Capital Improvements Fund Expenditure
Policy?
• B.) Is the expenditure appropriate considering the financial condition of the City?
g y
CITY OF BROOKLYN CENTER
• CAPITAL RESERVE FUND POLICY
POLICY OBJECTIVE:
The objective of this policy is to provide funds to meet emergency needs for capital expenditures
that may arise from time to time. While the City carries property and casualty insurance, the City
may need additional funds beyond insurance proceeds in the event of natural or other disaster
impacting its buildings and their contents, as well as other improvements to real property. Also,
unanticipated failure of buildings or improvements to buildings may require immediate
expenditure of funds for repair or replacement that are not covered by insurance. The funds
placed in the Capital Expenditure Reserve Fund are not to be considered a source for planned or
recurring capital needs, but only to deal with emergency needs as described due to damage, loss,
or failure of existing buildings and other improvements to real property.
USE OF FUND. S
Funds may be expended from the Capital Expenditure Reserve Fund for the repair or replacement
of buildings or other improvements to real property and their contents where the repair or
replacement is necessitated by damage to such buildings or other improvements to real property
and their contents due to:
• 1) natural disaster such as a tornado, storm, flood, earthquake, or fire
2) fire, vandalism, terrorism, explosion, building or component collapse
AUTHORITY TO SPEND:
Expenditures meeting the criteria for the use of funds may be funded through the Capital
Expenditure Reserve Fund upon Resolution of the City Council finding that the criteria for
expenditure have been met and that the use of funds would not otherwise be covered by insurance
proceeds, except that the City Council may authorize the use of Capital Expenditure Reserve
Funds in anticipation of the receipt of insurance proceeds providing that such funds used in
anticipation of insurance proceeds are repaid to the Capital Expenditure Reserve Fund from such
insurance proceeds.
FUND BALANCE:
The Capital Expenditure Reserve Fund shall be established at $1,000,000. Such fund balance
shall increase each year by the interest earned on the fund balance. In the event that the fund
would drop below $1,000,000, the City Manager shall prepare a plan for restoring the balance
to $1,000,000. The fund balance target should reflect an analysis of the City's uninsured
exposure to the losses identified in this policy. Such plan, as well as whether the balance should
be made higher of lower, shall be reviewed by the Financial Commission and City Council. The
• plan adopted by the City Council shall be included in the budgetary process, if the fund's balance
is not restored by transfer of existing funds from another fund, such as the Capital Improvement
Fund.
• fincomm \capdraft Draft March 97
CITY OF BROOKLYN CENTER
CAPITAL IMPROVEMENTS FUND EXPENDITURE POLICY
POLICY OBJECTIVE
The City of Brooklyn Center makes unrestricted capital expenditures through one of two funds.
Generally, small capital expenditures are funded through the general fund and planned for as part
of the annual budgeted process for the general fund. Large unrestricted capital expenditures are
funded through the capital improvements fund based on resolution 68 -246, which was approved
in 1968. Capital expenditures are also made through other funds such as the construction
P P g M.S.A. A. cons n o
fund, the special assessment construction fund, the water fund, the sanitary sewer fund, and the
storm drainage fund. These funds each have restrictions in place to guide their expenditures.
The objective of this policy is to clarify funding for all unrestricted capital expenditures by
specifically defining which capital expenditures are eligible for funding through the capital
improvements fund. Unrestricted capital expenditures not meeting the criteria for the capital
improvements fund must be made from the general fund operating budget.
Specifically excluded from this policy are capital expenditures that are to be reimbursed by
• insurance proceeds. These may be accounted for through the capital improvements fund at the
discretion of the Director of Finance.
SOURCE OF FUND
The sources are ad- valorem taxes, issuance of bonds, state and federal grants, transfers of
unrestricted balances from other funds and investment earnings.
USE OF FUNDS
The fallowing defines general expendittire eriferia for the utilization of the eapital improvements
f.. a balane
Major. $25, Gapital expenditures of less th
$25,900 are to be made thfe�ugh the general fiffid operating budget.
ate a.l life f 1 n
Permanen Am expen that has an longe
C-.) FaeiHt-y. Buildings, ifiVroyemenb to real estate, the aequisitieft of land for eity purposes.
This defit-rition exeludes the aequisition of land for development or resale and exeludes
•wcr�zz -s
• The Capital Improvements Fund may be used, pursuant to this policy, for expenditures on capital
equipment, infrastructure improvements and construction, and similar projects having an
aggregate value in excess of $50,000. The types of expenditures contemplated by this policy
include projects such as:
- building construction, repair, reconstruction, and remodeling, including component
systems for heating, ventilation, and air conditioning
- equipment and furnishings, including furniture, lights, and communications cabling
- street repair, replacement and construction
- park landscaping, shelters, and improvements
- computer, radio, and telephone systems
The expenditures from the Capital Improvements Fund are to be used for general governmental
capital needs and not for enterprise fund capital needs, except as the general governmental
portion of a joint project for both general and enterprise purposes.
Additionally, the capital improvements fund may be used to provide loans to other funds
• maintained by the City. However, loans from the capital improvement fund may only be made
to proprietary funds which have the ability to generate revenue and repay the loan within 10 years
at prevailing interest rates.
AUTHORITY TO SPEND
Expenditures meeting the above criteria may be funded through the capital improvements fund
based on the following authority limits:
A.) Expenditures from $0 to $25,000 $50,000: Not eligible for funding from the
capital improvements fund. Funding is required through the general fund operating
budget.
B.) Expenditures from $2500! $50,001 to $200,000 $300,000: The City Council
may, through simple majority, approve these expenditures.
C.) Expenditures over $200,000 $300,001: Following a public hearing, City Council
may, through a 4 /5th's majority, approve expenditures in this category.
•
• SPENDING LIMITATIONN TND BALANCE REQUIREMENT
The objective as described above and previously defined in Resolution 68 -246 requires the capital
improvements fund to be a permanent source of funding for planned major expenditures. As such,
the following criteria is established to comply with that intent:
A.) Planned Expenditures: If the proposed capital expenditure is in excess of
X90;099 $300,000 it must have been included in the five year capital
improvements plan for at least two years.
Additionally, the five year capital improvements plan must be approved by the City
Council at a public hearing on an annual basis.
AMENDM a begftu4rtg balanee of $3,909,000 as of jaftuary 1, 1993 and inereased by—the
Amendments to this pohey require a 4�5fh's majority by Gity Gatmeil vote.-.
• ROLE OF THE FINANCE COMMISSION
If a review of an expenditure is requested by the City Council from the Finance Commission, the
Finance Commission will respond on the basis of the following questions:
A) Does the expenditure comply with the Capital Improvements Fund Expenditure
Policy?
B.) Is the expenditure appropriate considering the financial condition of the City?
•
Fb
• MEMORANDUM
TO: Michael J. McCauley, City Manager
FROM: Charlie Hansen, Finance Director C H
DATE: May 8, 1997
SUBJECT: Utility Billing Collection Procedures
The issue of utility billing collection procedures was discussed at the March 24, 1997 and
the April 23, 1997 City Council meetings. The City Council approved of the concept of
relying upon special assessments as the primary means of collecting delinquent accounts
and of requiring the owners of rental residential properties to have the utility bill in the
owner's name. Staff was directed to prepare a policy for carrying out these decisions and
bring it to the City Council for consideration. A draft of this policy has been prepared and
is attached.
The City Attorney has' reviewed the City Ordinances governing utilities and determined
• that one change is needed to remove specific dates for special assessments from the
ordinance so that the City will have flexibility to certify more than once a year. The first
reading of the ordinance amendment is also set for this meeting.
A question was asked at the April 23, 1997 City Council meeting as to what Unity Place's
status would be under this policy. Unity Place is unique in that it is classified as a
"leasehold cooperative." It doesn't exactly qualify as either owner occupied or rental. In
the event that a utility bill were certified, the special assessment would go to Community
Housing Development Corporation, as the owner of record. However, due to the
leasehold cooperative status, the dwellings qualify for homestead tax classification. The
units are served by individual meters and have been of relatively little trouble for bill
collection since becoming Unity Place. On the basis of these facts, I think it is appropriate
for the purpose of this policy to declare Unity Place to be owner occupied and to send bills
directly to the residents.
•
• Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION ADOPTING A POLICY FOR PUBLIC UTILITY ACCOUNT
COLLECTIONS
WHEREAS, the City Council has found it to be in the best interest of the City to adopt
certification by special assessment to the property taxes as the primary means of collecting delinquent
public utility accounts; and
WHEREAS, the attached policy for public utility account collections defines the major
elements of the process that shall be followed in the utility billing cycle; and
WHEREAS, minor elements of the process can change from year to year and can be better
set in an administrative procedure approved annually by the City Council at the time utility rates are
adopted; and
WHEREAS, under Minnesota Statutes and City Ordinance, public utility services are
considered to be services to the ro er and are obligations of the owner of the property.
P P tY g
• NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn
Center, Minnesota, as follows:
1. The Policy for Public Utility Account Collections is adopted.
2. The staff shall annually submit to the City Council, as part of the utility rate study, a
procedure setting dates, fees, and other elements of the procedure.
3. For 1997, there will be one certification cycle timed to meet Hennepin County's deadlines
for special assessment certifications and the interest rate will be 7 % as set by Resolution
97 -28.
4. All residential utility services shall be billed to the owner of the property.
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.
•
•
• May 8, 1997
POLICY FOR PUBLIC UTILITY ACCOUNT COLLECTIONS
PURPOSE
The purpose of this policy is to provide an orderly and reasonable method for the collection of accounts of the
various utilities operated by the City of Brooklyn Center and any which may be added in the future. This
policy is intended to follow with the provisions of Minnesota State Law, Brooklyn Center City Charter and
City Ordinance. Utilities currently operated by the City of Brooklyn Center and the corresponding ordinances
are as follows: Water and Sanitary Sewer, Chapter 4; Recycling, Chapter 7; and Storm Drainage, Chapter 16.
POLICY
In keeping with Minnesota State Law, all municipal utility services shall be considered to be services to the
property, not to the person. All residential utility services shall be billed to the owner of the property, not to
the tenant. Commercial or industrial properties may be billed to either the owner or tenant.
Utility services shall be billed to the appropriate party by the Finance Department according to the rate
schedule adopted annually by resolution by the City Council. Utility accounts shall become due immediately
following billing and must be paid by the due date printed on the bill. Special assessment against the benefited
• property of any delinquent unpaid accounts shall be considered as the primary means of collection. Shutting
off of water service to the benefited property shall be an alternate means of collection in any situation where
special assessment isn't possible or practical and for situations where the customer has failed to provide a
water meter reading for more than four quarters. Any city utility service for which a rate schedule is
established by resolution is eligible for collection by means of either special assessment or water shut off.
PROCEDURE
NORMAL BILLING AND COLLECTION
1) A meter card is mailed to each residential roe 28 days prior to the billing da s must
p p rty y date. Readings P � g
be submitted to the Finance Y Department b the date printed on the meter card. Penalties for failure
P
to submit a meter reading will be charged on the date of billing as defined by the rate schedule.
Customers who fail to submit a meter reading card for four quarters, will be required to submit a meter
reading, or face the shut off of water service.
2) A public utility bill is due 28 days from the date of billing.
3) The late payment penalty as defined in the rate schedule shall be applied five working days after the
due date.
4) A delinquent billing is generated for each account unpaid after 35 days from the date of billing.
Customers have 21 days to pay this delinquent bill.
•
DELINQUENT ACCOUNTS
•
Delinquent accounts shall
q be pended as a special assessment.
Rental Property (Commercial or Industrial)
If delinquency not incurred by current tenant
a) Obtain a meter reading and date of change of occupancy, and calculate final bill for previous
tenant
b) If a forwarding address is available for the previous tenant, send a final bill. Send an
informational copy to the property owner.
C) If no address is available, notify property owner of delinquent final bill
d) If not paid in 28 days, the unpaid amount shall be certified as a special assessment
If delinquency incurred by current tenant, follow normal procedures for delinquent bills and
certification by special assessment to the property tax.
FINAL BILLS
All final bills unpaid after 28 days shall be pended as a special assessment
•
Rental Property (Commercial or Industrial)
a) All final bills unpaid after 28 days shall be billed to the property owner, due in 28 days after
the date of the billing
b) If not paid in 28 days, the unpaid amount shall be certified as a special assessment
Other Property
a) After 28 days unpaid, the bill shall be pended as a special assessment, and a letter of
explanation sent to the new property owner.
b) Two more attempts 28 days apart shall be made to collect from the previous property owner.
If unpaid, the bill shall be certified as a special assessment.
RETURNED CHECKS
Checks which are returned to the City for non - sufficient funds, account closed, or other wise not
honored by the bank shall be charged the maximum service fee allowed by Minnesota Statutes.
•
• SPECIAL ASSESSMENTS
For accounts that remain uncollected after performance of the normal billing and collection procedure, special
assessment against the property shall be considered as a primary means of collection.
1) The annual City Council resolution adopting the utility rate schedule shall establish the number of
assessment cycles per year and a schedule for public hearings to be held at City Council meetings for
the purpose of adopting a certification roll of delinquent utility accounts for special assessment. At
least one certification cycle will be timed each year to coincide with Hennepin County's requirements
for certification to the following year's taxes. Additional certification cycles may be set in the annual
resolution.
2) A certification cut -off date shall be established at which time all accounts which have been billed a
delinquent bill and the account is unpaid as of the due date on the delinquent bill, shall have the
balance on the account included in the preliminary special assessment certification roll.
3) A notice of public hearing will be published in the city's official newspaper at least two weeks prior
to the public hearing. A notice of the public hearing and a copy of the proposed special assessment
roll will be sent by first class mail to each affected property owner at least two weeks prior to the
public hearing.
4) The owner of the property shall have the option of paying the balance due on the account until the date
the notice of public hearing is mailed. After the date the notice of public hearing is mailed, payments
• will still be accepted, but will include the certification charge.
5) The public hearing will be held at a City Council meeting at which the property owners shall have the
opportunity to object to the special assessment.
6) After the public hearing, for each special assessment sustained by the City Council, the property
owner shall have the options of-
a) To prepay the special assessment and the special assessment certification charge listed on the
preliminary roll, but without additional interest after the public hearing, within 30 days of the
public hearing date.
b) To prepay the special assessment and the special assessment certification charge after 3 days
of the public hearing date, but before the county certification deadline, with interest at the rate
set in the adopted rate schedule, accrued beginning on the 31 st day following the public
hearing date through the date of payment.
C) To pay the special assessment as billed to them by Hennepin County on their property tax
statement with an assessment term of one year.
7) After the 31 st day following the public hearing, the certified roll, minus any prepayments, shall be
delivered to Hennepin County.
•
• WATER SHUT OFFS
The City reserves the right to shut off water service to properties in situations where special assessment isn't
practical or possible. Brooklyn Center Ordinance 4 -202 provides that water service may upon reasonable
notice be discontinued for nonpayment of individual accounts. The following is the procedure to be followed
when public utility accounts are in arrears, or when a closing bill is more than 30 days overdue.
1) A "Final Notice" letter is sent to each delinquent account unpaid 56 days after the date of billing. This
notice informs customers that they have 11 days to select one of the following three options for
handling their account.
a. Deliver payment in full to the City.
b. Sign and return a payment agreement to the City. A minimum acceptable agreement includes
a partial payment of at least 1/4 the total amount due paid within 14 days, and full payment
within 30 days of the date of the final notice. If that payment agreement is not met, the
property will be red tagged.
C. Provide a written letter to the City requesting an administrative hearing before the City
Council at their next regularly scheduled meeting. At this meeting, the customer must show
cause as to why the City Council should remove their name and account from the list of
accounts for which service is to be discontinued. The City Council may either sustain the
requirement for payment, modify the required terms of payment, or order staff to take such
• actions as it deems are necessary. If no written request is received, it is assumed the customer
waives the right to a hearing.
2) On the 70th day, a "red tag" is delivered to properties where the account remains unpaid, a payment
agreement has not been made or isn't being adhered to, and where no request for a hearing has been
made. This notice informs customers that payment is due within five days or water will be
immediately shutoff.
3) Once service has been shut off for non - payment, the entire balance due and a restoration of service
fee must be paid prior to service being turned on. The restoration of service fees will be established
in the adopted rate schedule and will include a fee for restoration during normal business hours and
a higher fee for restoration when workers must be called back on overtime.
4) Cold Weather Rule:
The City of Brooklyn Center will not shut off water service between October 15 and April 15 if the
shut off would affect the primary heat source of a customer. Customers must contact the utility billing
staff and explain how the cold weather rule applies to them.
•
• SUMMARY OF POLICY CHANGES
POLICY FOR PUBLIC UTILITY ACCOUNT COLLECTIONS
The existing Administrative Policy & Procedure for Water Shut Offs was adopted by the City
Council in January 1993. The changes from that policy to the proposed Policy for Public Utility
Account Collections is show in the attached document with new language in italics, unchanged
language in regular type, and deleted language stricken.
Most of the changes have been documented in written material or discussed when this ro osal
P P
was brought up at previous City Council meetings. However, there are a few items which are
worth noting here.
1. On the first page, under Normal Billing and Collection, 1) meter readings. "Customers
who fail to submit a meter reading card for four quarters will be required to submit a
meter reading, or face the shut off of water service." This provision was approved by the
City Council on November 9, 1992 as part of the 1993 rate study. Incorporating it into
this policy provides more complete documentation.
2. On the second page, under Delinquent accounts, specific dollar threshold for pending
accounts to special assessments has been removed to allow us to experiment and find the
most efficient threshold to use.
• 3. On the second page, under Delinquent accounts, two passages calling for the shut off of
water service are deleted.
4. On. the last page a cold weather rule is added. This is a simplified version of the cold
weather rule used by Minnegasco and NSP. They also have a variety of restrictions
including requiring the account to have been paid up on October 15 and limiting the use
of the rule to low income customers.
•
• May 8, 1997
O
A TA �iT1� STn A TIV T G
IIV PROCEDURE T WAT C IR4 /' FFS
1 1 1 L� QJ� V
POLICY FOR PUBLIC UTILITY ACCOUNT COLLECTIONS
PURPOSE
The purpose of this policy is to provide an orderly and reasonable method for the collection of accounts of
the various utilities operated by the City of Brooklyn Center and any which may be added in the future. This
policy is intended to follow with the provisions of Minnesota State Law, Brooklyn Center City Charter and City
Ordinance. Utilities currently operated by the City of Brooklyn Center and the corresponding ordinances are
as follows: Water and Sanitary Sewer, Chapter 4; Recycling, Chapter 7; and Storm Drainage, Chapter 16
POLICY
In keeping with Minnesota State Law, all municipal utility services shall be considered to be services to the
property, not to the person. All residential utility services shall be billed to the owner of the property, not to
the tenant. Commercial or industrial properties may be billed to either the owner or tenant.
Utility services shall be billed to the appropriate party by the Finance Department according to the rate
schedule adopted annually by resolution by the City Council. Utility accounts shall become due immediately
• following billing and must be paid by the due date printed on the bill. Special assessment against the benefited
property of any delinquent unpaid accounts shall be considered as the primary means of collection. Shutting
off of water service to the benefited property shall be an alternate means of collection in any situation where
special assessment isn'tpossible orpractical andfor situations where the customer has failed to provide a
water meter reading for more than four quarters. Any city utility service for which a rate schedule is
established by resolution is eligible for collection by means of either special assessment or water shut off.
PROCEDURE
NORM4L BILLING AND COLLECTION
1) A meter card is mailed to each residential property 28 days prior to the billing date. Readings must
be submitted to the Finance Department by the date printed on the meter card. f
or Penalties . f allure
to submit a meter reading will be charged on the date of billing as defined by the rate schedule.
Customers who fail to submit a meter reading card for four quarters, will be required to submit a
meter reading, or face the shut off of water service.
2 A ublic utility ill
b is due 2
p ty 8 days from the date of billing.
I
3) The late payment penalty as defined in the rate schedule shall be applied five working days after the
due date.
• 4) A delinquent billing is generated for each account unpaid after 35 days from the date of billing.
Customers have 21 days to pay this delinquent bill.
• DELINQUENT ACCOUNTS
All delinquefft Delinquent accounts in exeess of ° ' ^^ shall be pended as a special assessment.
Vaeant- Pro perties
T T ti .3,. _ boy t he wa t e r sh L 1 a o ff- .
V1JV1111V 33V J 1Vb•4 UVV
Rental Property (Commercial or Industrial)
If delinquency not incurred by current tenant
a) Obtain a meter reading and date of change of occupancy, and calculate final bill for previous
tenant
b) If a forwarding address is available for the previous tenant, send a final bill. Send an
informational copy to the property owner.
C) If no address is available, notify property owner of delinquent final bill
d) If not paid in 28 days, the
unpaid amount shall be certified as a special assessment
If delinquency incurred by current tenant,
b) Sen4 informational eapy of bill to property awtter
follow normal procedures for delinquent bills and certification by special assessment to the
• property tax.
ether property
�4pett notie tts J ib d L
3- v .lu a�VVZ., t h e s h a ll L s h u t rr
FINAL BILLS
All final bills unpaid after 28 days shall be pended as a special assessment
Rental Property (Commercial or Industrial)
a) All final bills unpaid after 28 days shall be billed to the property owner, due in 28 days after
the date of the billing
b) If not paid in 28 days, the unpaid amount shall be certified as a special assessment
Other Property
a) After 28 days unpaid, the bill shall be pended as a special assessment, and a letter of
explanation sent to the new property owner.
b) Two more attempts 28 days apart shall be made to collect from the previous property owner.
• If unpaid, the bill shall be certified as a special assessment.
• RETURNED CHECKS
Checks which are returned to the City for non - sufficient funds, account closed, or other wise not
honored by the bank shall be charged the maximum service fee allowed by Minnesota Statutes.
SPECIAL ASSESSMENTS
For accounts that remain uncollected after performance of the normal billing and collection procedure,
special assessment against the property shall be considered as a primary means of collection.
1) The annual City Council resolution adopting the utility rate schedule shall establish the number of
assessment cycles per year and a schedule for public hearings to be held at City Council meetings for
the purpose of adopting a certification roll of delinquent utility accounts for special assessment. At
least one certification cycle will be timed each year to coincide with Hennepin County's requirements
for certification to the following year's taxes. Additional certification cycles may be set in the annual
resolution.
2) A certification cut -off date shall be established at which time all accounts which have been billed a
delinquent bill and the account is unpaid as of the due date on the delinquent bill, shall have the
balance on the account included in the preliminary special assessment certification roll.
3) A notice ofpublic hearing will be published in the city's official newspaper at least two weeks prior
to the public • p b c hearing. A notice of the public hearing and a copy of the proposed special assessment
roll will be sent by first class mail to each affected property owner at least two weeks prior to the
public hearing.
4) The owner of the property shall have the option of paying the balance due on the account until the
date the notice of public hearing is mailed. After the date the notice of public hearing is mailed,
payments will still be accepted, but will include the certification charge.
5) The public hearing will be held at a City Council meeting at which the property owners shall have the
opportunity to object to the special assessment.
6) After the public hearing, for each special assessment sustained by the City Council, the property
owner shall have the options of:
a) To prepay the special assessment and the special assessment certification charge listed on
the preliminary roll, but without additional interest after the public hearing, within 30 days
of the public hearing date.
b) To prepay the special assessment and the special assessment certification charge after 30
days of the public hearing date, but before the county certification deadline, with interest at
the rate set in the adopted rate schedule, accrued beginning on the 31st day following the
public hearing date through the date of payment.
• c) To pay the special assessment as billed to them by Hennepin County on their property tax
statement with an assessment term of one year.
• 7) After the 31st day following the public hearing, the certified roll, minus any prepayments, shall be
delivered to Hennepin County.
WATER SHUT OFFS
The City reserves the right to shut off water service to properties in situations where special assessment isn't
practical or possible. Brooklyn Center Ordinance 4 -202 provides that water service may upon reasonable
notice be discontinued for nonpayment of individual accounts. The following is the procedure to be followed
when public utility accounts are in arrears, or when a closing bill is.more than 30 days overdue.
1) A "bktte- no#iee"" "Final Notice " letter is sent to each delinquent account unpaid 56 days after the date
of billing. This notiee infi5rms ettstamers thitt they have 14 days to make payment. it also ittforms
ettstatners that they have it right te demand a hearing at the ne-d regularly sehedeled Gatmeil g
writin to show ettuse as te why their water shattid not be shut eff-. The demand must be tnftde itt to
the Gity Glerk withitt 10 days. if tte written demand is reeeived by the Meliday prier te the Gatifteil
meeting (11 days from the date of the blue netiee), then it is assumed the ettstemer waives the right
to tt hearing. This notice informs customers that they have 11 days to select one of the following three
options for handling their account.
a. Deliver payment in full to the City.
b.
• provides awrittett, sig . Sign and return
a payment agreement to the City. A minimum acceptable agreement includes a partial
payment of at least 1/4 the total amount due paid within 14 days, and full payment within 30
days of the date of the b1tte final notice. If that payment agreement is not met, the property
will be re a
d tagged.
C.
the Shttteff of water to it property, and order staff to take stteh aetions as it deems
neeessar�- Provide a written letter to the City requesting an administrative hearing before
the City Council at their next regularly scheduled meeting. At this meeting, the customer must
show cause as to why the City Council should remove their name and account from the list
of accounts for which service is to be discontinued. The City Council may either sustain the
requirement for payment, modify the required terms of payment, or order staff to take such
actions as it deems are necessary. If no written request is received, it is assumed the
customer waives the right to a hearing.
2) On the 70th day, a "red tag" is delivered to properties where the account remains unpaid, a payment
agreement has not been made or isn't being adhered to, and where no demand request for a hearing
has been made. This notice informs customers that payment is due within five days or water will be
immediately shutoff.
3) Once service has been shut off for non-payment, the entire balance due and a restoration of service
fee must be paid prior to service being turned on. The restoration of service fees will be established
in the adopted rate schedule and will include a fee for restoration during normal business hours and
• a higher fee for restoration when workers must be called back on overtime.
• 4) Cold Weather Rule:
The City of Brooklyn Center will not shut off water service between October 15 and April 15 if the
shut off would affect the primary heat source of a customer. Customers must contact the utility billing
staff and explain how the cold weather rule applies to them.
•
•
• CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the 9th day of June ,
1997, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle
Creek Parkway, to consider an amendment to Chapter 4 of the City Ordinances Relating to the
Collection of Water and Sewer Charges.
Auxiliary aids for persons with disabilities are available upon request at least 96 hours in
advance. Please contact the City Clerk at 569 -3300 to make arrangements.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 4 OF THE CITY ORDINANCES
RELATING TO THE COLLECTION OF WATER AND SEWER CHARGES
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Section 1. Section 4 -105 of the City Ordinances of the City of Brooklyn Center
is hereby amended in the following manner:
• Section 4 -105. CHARGE PROCEDURES. The City Manager shall establish
procedures for determining and collecting on customer charges consistent with the adopted rate
schedules.
Charges for water service shall be based upon a metered quantity of water which
a property owner or occupant draws from the municipal system. The property owner or occupant
shall be responsible for reading his own meter, recording the meter reading on a postal card
provided by the Public Utilities Division, and returning the postal card to the Division within the
time limit specified on the card. Failure to return a meter card to the Public Utilities Division
within the specified time shall result in a service charge as prescribed by the adopted rate
schedule.
Water and sewer accounts shall become due immediately following billing and
shall be considered as an obligation of the respective property. A service charge as prescribed
by the adopted rate schedule shall be added to the next billing on any account unpaid one month
after the date of billing. An additional service charge shall be added for each subsequent billing
period in which such account, including accumulated service charges remains delinquent.
AR An_y charges which are delinquent art RAy 1 of eaelt ye and which have been properly billed
to the premises may be certified by the City Clerk to the County Auditor prior e
of Oeteber of eaeh-yeer for collection from the property owner. The amounts so certified,
including service charges and interest at aft rmeJ rate of 12% commencing from date of initial
delinquency, shall be extended by the County Auditor on the tax rolls against premises in the
• same manner as special assessments and shall be paid to the City along with tax revenues.
• ORDINANCE NO.
Section 2. This ordinance shall be effective after adoption and upon (30) thirty
days following its legal publication.
Adopted this day of , 1997.
Mayor
ATTEST:
City Clerk
Date of Publication
Effective Date
•
(Strikeout indicates matter to be deleted, underline indicates new matter.)
•
31 �d
City of Brooklyn Center
A great place to start. A great place to stay.
•
MEMORANDUM
TO: Mayor Kragness, Councilmembers Carmody, Hilstrom asman, and Peppe
FROM: Michael J. McCauley, City Manager
DATE: May 8, 1997
SUBJECT: Set Date and Time for Town Meeting Regarding Building Needs
I would ask that the Council set the date and time for the City Council Town Meeting to discuss
building needs for Wednesday, May 28, 1997, at 7 p.m. in Constitution Hall, Community Center.
•
•
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
�L
• MEMO
To: Michael J. McCauley, City Manager
From: Ronald A. Warren, Planning and Zoning Speciali t •�'
Subject: An Ordinance Amending Chapter 35 Regarding Telecommunications Towers
and Telecommunications Facilities
Date: May 7, 1997
On the May 12, 1997 City Council agenda is a draft ordinance recommended by the Planning
Commission which would amend Chapter 35 by establishing provisions regulating
telecommunications towers and telecommunications facilities. This ordinance amendment was
first considered by the Planning Commission at its March 13, 1997 meeting and was
recommended to the City Council on May 1, 1997.
It has been suggested that cities establish zoning regulations that specifically define and regulate
• telecommunications towers and telecommunications facilities. The Northwest Suburbs Cable
Communications Commission developed a model ordinance for review by various cities. The
City staff reviewed possible ordinance amendments along with the model ordinance and
developed a draft recommendation that was presented to the Planning Commission in early
March. The City has basically been working under policies regarding the installation of
telecommunications facilities within the city. Those policies allowed telecommunications
antennae to be located on the tops of tall buildings within the city and allowed the construction of
a telecommunication tower on property owned by a telecommunications provider.
The proposed ordinance defines telecommunications towers and telecommunications facilities
and regulates the placement, construction and modification of such towers and facilities in order
to protect the health, safety and welfare of the public yet not to interfere with the development of
competitive wireless telecommunications within the city. The ordinance would allow
telecommunications towers to be located in C -1 A, C -2, I -1 and 1 -2 zoning districts as permitted
uses. The ordinance encourages the shared use of such towers and support structures and allows
telecommunications facilities to be attached to an antenna support structure which is at least 75
feet tall regardless of the zoning district in which such antenna support structure is located. An
example of this would be allowing an antenna to be located on the roof of an apartment or office
building that is at least 75 feet tali. The proposed ordinance also establishes a provision
requiring the removal of a telecommunications tower or telecommunications facility which has
not been used as such for one year. The ordinance deems such facilities to be abandoned and
• they must be removed in the same manner as removal of dangerous or unsafe structures provided
for in Minnesota Statutes.
• Michael J. McCauley
Page 2
May 7, 1997
Again, the Planning Commission considered this ordinance amendment at its March 13 and May
1, 1997 meetings and recommended it for consideration by the City Council. Attached for the
Council's review are excerpts from the March 13 and May 1, 1997 Planning Commission
minutes relating to this matter and a copy of an article entitled How to Manage Antenna
Proliferation by Miles Fidelman which the Planning Commission Chair offered to the Planning
Commission and also requested that it be forwarded to the City Council
It is recommended that the City Council, following consideration of this matter, approve the draft
ordinance amendment for first reading and schedule a public hearing on this matter.
•
•
• MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF
HENNEPIN AND THE STATE OF MINNESOTA
REGULAR MEETING
MARCH 13, 1997
CALL TO ORDER
The Planning Commission meeting was called to order by Chair Willson at 7:34 p.m.
ROLL CALL
Chair Willson, Commissioners Graydon Boeck, Mark Holmes, 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 Dianne Reem
entered the meeting at 8:05 p.m. and Commissioner Rex Newman entered the meeting at 8:15 p.m.;
both were excused in advance. Commissioner Donald Booth was excused.
APPROVAL OF MINUTES - FEBRUARY 12 1997
There was a motion by Commissioner Boeck, seconded by Commissioner Holmes, to approve the
• minutes of the February 12, 1997 meeting as submitted. The motion passed unanimously.
CHAIR'S EXPLANATION
Chair Willson explained the Planning Commission's role as an advisory body. One of the
Commission's functions is to hold public hearings. In the matters concerned in these hearings, the
Commission makes recommendations to the City Council. The City Council makes all final
decisions in these matters.
DISCUSSION ITEMS
The Commissioners agreed to consider agenda item B before item A. .
TELECOMMUNICATIONS TOWERS AND FACILITIES
Mr. Warren directed the Commission's attention to the draft Ordinance prepared by the staff using
a model ordinance developed by the Northwest Suburbs Cable Communications Commission. He
reviewed the past and current activity in the City regarding installation of telecommunications
towers and facilities; and reviewed the City's current policy regulating such projects through the
licensing and building permit process. It was noted that other regulators, including the Federal
Communications Commission and Federal Aviation Commission, are also involved in the licensing
of such towers and facilities.
The Commissioners considered each section of the proposed ordinance which would amend Chapter
• 35 of the City Ordinances. Section 2 proposes to regulate the placement, construction and
3 -13 -97 1
• modification of such towers and facilities to protect the health, safety and welfare of the public yet
not interfere with development of competitive wireless telecommunications within the City.
Location would be restricted to the C -IA, C -2, I -1 and I -2 zoning districts. Shared use of such towers
and support structures is encouraged and safety and soundness is involved along with timely removal
should the facility be abandoned. The acceptable height of such structures was considered and
existing structures were named as possible locations for antennas. It was also pointed out that rapid
technological advances may make City regulations regarding this issue outdated, inappropriate, or
irrelevant.
It was agreed the staff will study the matter further, the City Attorney will be contacted for input,
and another document incorporating the commissioners' comments will be prepared for additional
consideration by the Planning Commission at its March 27, 1997 meeting.
PAWN SHOPS
Mr. Warren reviewed the Council's directive to the Commission with respect to pawn shop
regulations, specifically whether distance limitations could be imposed between pawn shops and
certain uses including residential and between pawn shops themselves.
The Commissioners reviewed the background materials including the summary of zoning codes of
other surrounding and outstate cities covering pawn shops. The Commissioners considered and
discussed possible ways in which the City might regulate the location of pawn shops. It was
• generally preferred that any additional regulation should be conducted through the licensing and
building permit process; however, zoning changes could also be an adequate method.
It was agreed that the staff will study the issues further and prepare a proposal for the Commission's
review at its March 27, 1997. The Commissioners agreed to consider the issues further during the
interim.
OTHER BUSINESS
Mr. Warren stated there was no further business to bring before the Commission. The next
Commission meeting will be on Thursday, March 27, 1997.
ADJOURNMENT
There was a motion by Commissioner Boeck, seconded by Commissioner Holmes, to adjourn the
Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 9:00
p.m.
Chair
Recorded and transcribed by:
Arlene Bergfalk
• TimeSaver Off Site Secretarial
3 -13 -97 2
ii
gests that a typical lease package
j _11 j t should require that the carrier con
struct the tower and associated build -
W O T O MANAGE ANTENNA PROLIFERATION ings, which would then be conveyed to
BY iMILES FIDEDMAN ownership by the local government.
The carrier would pay all construction,
legal and other costs as well as an on-
going lease fee, along with property
tax and insurance, and would build
i
ccal governments are being hit ments hold many of the cards neces- the facility with sufficient capacity to
with an onslaught of applica- sary to manage antenna placement, allow co- location by public safety ra-
tions for antenna construction and re- obtain needed services and generate dio equipment and at least one other
quests to place antennas on public revenue. Here are some basic strate- carrier (with the local government col -
property. This is causing a significant pies: letting the rent).
workload for local officials. It also risks But whatever course you take, it is
the proliferation of unsightly antennas Rules of Thumb important to act quickly. Carriers are
throughout communities --a political 1. Use zoning and building codes to under pressure to begin operational
hot button. limit where antennas can be placed services and will take all measures
Much of the demand for antenna and to encourage their placement on necessary, including legal action, to
construction is coming from the Fed- public property. In many communities, begin antenna construction. You need
eral Communications Commission's antenna placement requires a zoning to put an appropriate antenna -siting
award of PCS (personal communica- variance, while much public property ordinance in place as soon as possible.
tion service) franchises —with is exempt from such restrictions (for ex- To buy some time, you may wish to
awardees now under financial pres- ample, public safety antenna towers). consider a short (six- month) morato-
sure to begin delivering service. Addi- 2. If possible, require applicants to rium on antenna sitings —but keep in
tional demand is coming from national co- locate. As a further step to control - mind that the longer you wait, the
carriers, such as AT &T and Sprint, who ling the proliferation of antennas, con- more challenges you will face. all
are beginning to enter local cellular sider a clause in your antenna- siting
• martets. ordinance that requires an applicant to Miles Fidelman is president of the nonprofit
The Telecommunications Act of 1996 demonstrate c good faith effort to co Center for Civic Networking, which helps
mandates that local governments can loca their antenna on an existing site. local governments develop and apply local
not erect barriers to entry that prohibit When granting a zoning variance, it information irfrastructure.He can reached
carriers from entering a local market. may be possible to require that the ap- via e -mail at mfideimar,@civic.net. The cen-
The act also requires that applicants plicant accept co- location by other car- ter maintains a Web site focusing on muric-
be treated in a competitively neutral riers. ipal telecom and civic netwoddng at
fashion and mandates that applica- 3. Negotiate favorable terms for wwwcivic.net/telecom/.
tiens be handled in a timely fashion. antennas placed on public prop-
(Note, however, that many jurisdictions eny. The combination of tough . a q ems''
z
have imposed short-term moratoria to zoning restrictions and existing
allow t=, e to write appropriate ordi- public taCilities Can snake it attrac-
nanceS. So far such r_icratcria have tive "Or Carriers to lease their tower
neid up to court challenges.) space from local governments.
"coal governments are more than Such leases may range from the
regulatory players, however. Asa placement of antennas on existing
z
landlord, local goverr! ,:eats control public safety towers to the con -
public tights - of way, public grope *r strac ion of .. ^.ew tov: ors on public1,
s"
(for example, police stations) and str.:c- propery. As a 1 nd'.ord with vaiu-
hi res (for example, water and antenna able prcperN the government is
1;
towers) :hat are prime lecatior_s for trio in a particularly frn crabie position
platen nent of new antennas. Local to negotiate lease terms. Attempt '� F
govern ments ali sc t vo c 1 v control a tC obtain ownership of anv facfli- �
reser`.ed Spectr.u- . f r ou_ satet, ra- ties ccrstruc'.ed on pL'^IiC property „
dio =- caCaticrs. Ar– .coal gov- - .'Pits: you then :ease to the car
r-m
amts are c :tinge user of both -,vine rier.
e
mss arid wire -line commurlcar_ons 1\Ie1i lento, a Sterling Heights,
sen:ces. Mica., attcrne who sce iakzes in 3
t - s
if ati,lied strategically, local govern- telecomrrlunicaticns issues, sug- _
Acril www.fcw civic.com civic.com 11
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
MAY 1, 1997
CALL TO ORDER
The Planning Commission met in a study session called to order by Chair Tim Willson at 7:30 p.m.
ROLL CALL
Chair Willson, Commissioners Graydon Boeck, Rex Newman, 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. Commissioner Dianne Reem entered the meeting at 7:48 p.m.
APPROVAL OF MINUTES - APRIL 17 1997
Commissioner Boeck requested that condition number 14, page 6, line 4, of the April 17 minutes,
be corrected to read: "14. All drainage shall be handled and held on the site." {Corrected language
underscored.} There was a motion by Commissioner Boeck, seconded by Commissioner Newman,
to approve the minutes of the April 17, 1997, as corrected. The motion passed unanimously.
•
CHAIR'S EXPLANATION
Chair Willson explained the Planning Commission's role as an advisory body. One of the
Commission's functions is to hold public hearings. In the matters concerned in these hearings, the
Commission makes recommendations to the City Council. The City Council makes all final
decisions in these matters.
REVIEW DRAFT CHAPTER 35 ORDINANCE AMENDMENT REGARDING
TELECOMMUNICATIONS TOWERS AND FACILITIES
Chair Willson introduced the proposed Chapter 35 ordinance amendment. He referred to a trade
journal article "How to Manage Antenna Proliferation" (distributed at the meeting). The author's
experience supports the strategies proposed for regulating antenna locations and construction
contained in the draft amendment.
Mr. Warren explained that the ordinance amendment offered is based on the Commission's
discussion of this proposal at its March 13, 1997 meeting and review by the City Attorney. The
amendment adds a new Section 35 -415 "Special Requirements for Telecommunications Towers and
Telecommunications Facilities" to chapter 35 of the City ordinance to establish standards for
constructing, locating, and disguising telecommunication towers and facilities in the City. Such
facilities will be allowed in the C -1A, C -2, I -1 and I -2 zoning districts with a permit from the
building official and antennae can be placed in any zoning district on an existing building as a
• permitted use provided that building or structure is at least 75 ft. high. In addition, the new section
permits telecommunications facilities to be attached to City water towers with the appropriate lease
agreement and building permit. The staff recommends approval of the ordinance amendment for
• Council consideration and final approval.
The Commissioners considered the draft ordinance. Discussion points included clarification
regarding height of antenna and towers, advertising, accessory uses, and provision for removal upon
abandonment of such facilities. Mr. Warren responded to Commissioners' questions. It was
acknowledged that the federal Telecommunications Act of 1996 mandates that local governments
facilitate requests for construction of such equipment within their jurisdictions.
Following discussion, the Commissioners did not interpose objections to the draft ordinance as
presented.
ACTION RECOMMENDING APPROVAL OF ORDINANCE
There was a motion by Commissioner Boeck, seconded by Commissioner Walker, to recommend
to the Council that it approve an Ordinance Amending Chapter 35 of the City Ordinances regarding
Telecommunications Towers and Telecommunications Facilities, as drafted by the Secretary.
Voting for: Chair Willson, Commissioners Boeck, Booth, Reem, and Walker. The motion passed
unanimously.
The Council will consider the recommendation at its Monday, May 12, 1997 meeting.
• REVIEW DRAFT ORDINANCE AMENDING CHAPTER 35 REGARDING BUILDINGS IN R -1
AND R -2 DISTRICTS
Chair Willson introduced the proposed amendment regarding buildings in R -1 and R -2 districts.
Mr. Warren referred to the Commission's April 17 discussion regarding the city's policy to not allow
sewer hook -ups to an accessory building in the R1 and R2 (residential) districts. He pointed out that
the City's long - standing policy, administered by the building official, to prohibit such sewer
connections is defensible. However, in response to the Commission's request that such ban be
included in city ordinances, the proposed amendment amends chapter 35 by adding a new provision
in section 35 -530: " No accessory building shall be provided with sanitary sewer facilities. The
amendment includes renumbering the existing provisions in the section. The staff recommends
approval of the ordinance amendment for Council consideration and final approval.
The Commissioners considered the amendment. Other provisions of the ordinance were discussed.
The secretary responded to questions and explained the relevancy of the new language within the
ordinance. Commissioner Newman suggested that modification of the allowable size of accessory
buildings may be appropriate for future discussion.
Following discussion the Commissioners interposed no objections to the proposed ordinance
amendment.
• ACTION RECOMMENDING APPROVAL OF ORDINANCE
5 -1 -97 2
• There was a motion by Commissioner Boeck, seconded by Commissioner Reem, to recommend to
the Council that it approve an Ordinance Amending Chapter 35 of the City Ordinances Regarding
Buildings in RI and R2 Districts, as drafted by the Secretary.
Voting for: Chair Willson, Commissioners Boeck, Newman, Reem, and Walker. The motion passed
unanimously.
The Council will consider the recommendation at its Monday, May 12, 1997 meeting.
50'S GRILL
Mr. Warren used a transparency to show the location of a small addition planned by the owner of
the 50's Grill, 5524 Brooklyn Boulevard, to increase the size of a previous expansion of the
restaurant's cooler facility. He explained that although the new construction will eliminate one
parking space for the restaurant, the proposal adequately meets requirements for granting a building
permit. He stated that the permit will provide that at the City's discretionary request, a parking space
be constructed on the north east corner of the property to meet the minimum parking requirements.
Following discussion, the Commissioners unanimously supported the recommended staff action as
described by Mr. Warren to allow the 50's Grill to expand it's cooler size and meet the required
parking on the property, rather than require the owner to remove a seating space from the restaurant
business and agreed that a building permit could be issued without the submission of a site and
• building plan application for this minor addition.
OTHER BUSINESS
Mr. Warren responded to questions regarding the Rainbow /Walgreen development at 63rd and
Brooklyn Boulevard. The Comprehensive Plan Update Task Force meets on Monday, May 5, 1997,
at 7 p.m. in the Council Chambers. The next meeting of the Planning Commission will be Thursday,
May 15, 1997.
Chair Willson informed the Secretary and the Commissioners that he will be absent from the May
15 Commission meeting.
ADJOURNMENT
There was a motion by Commissioner Boeck, seconded by Commissioner Walker, to adjourn the
Planning Commission study session. The motion passed unanimously. The meeting adjourned at
8:35 p.m.
Chair
Recorded and transcribed by:
Arlene Bergfalk
• TimeSaver Off Site Secretarial
5 -1 -97 3
• CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the 9th day of June , 1997,
at 7 p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider amending Chapter 35 of
the City ordinances regarding telecommunications towers and telecommunications facilities.
Auxiliary aids for persons with disabilities are available upon request at least 96 hours in
advance. Please contact the City Clerk at 569 -3300 to make arrangements.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES
REGARDING TELECOMMUNICATIONS TOWERS AND
TELECOMMUNICATIONS FACILITIES
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is
amended in the following manner:
• Section 35 -900. Definitions
Antenna Support Structure - any building or other structure 75 ft. in height or
taller other than a telecommunications tower which can be used for location of
telecommunications facilities.
Co- Location - the location of wireless telecommunications equipment from more
than one provider on one common tower, building or structure
Stealth - any telecommunications tower or telecommunications facility which is
designed to blend into the surrounding environment
Telecommunications Facilities - Cables, wires lines wave ug ides, antennae and
other equipment or facility associated with the transmission or reception of
communications which a person seeks to locate or install upon or near a tower or
antenna support structure. The term Telecommunications Facilities shall not
include:
a. Any satellite earth station two meters in diameter or less which is located
in an area zoned industrial or commercial:
• b. Anv satellite earth station antenna one meter or less in diameter,
-1-
• ORDINANCE NO.
regardless of zoning category;
C. Amateur radio operators equipment as licensed by the Federal
Communications Commission (FCC)
Telecommunications Tower - A self supporting guyed or mono -pole structure
constructed from grade which supports telecommunications facilities This term
shall not include amateur radio operator equipment as licensed by the FCC or
lattice designed towers.
Section 2. Chapter 35 of the City Ordinances of the City of Brooklyn Center is
amended by adding the following section:
Section 35 -415. SPECIAL REQUIREMENTS FOR
TELECOMMUNICATIONS TOWERS AND TELECOMMUNICATIONS
FACILITIES
Telecommunications towers and telecommunications facilities may nose
particular problems in achieving compatibility with abutting and adjacent land
• uses. Because of this the City proposes to regulate the placement construction
and modification of telecommunications towers and telecommunications
facilities in order to protect the health safety and welfare of the public while at
the same time not unreasonably nterfering with the development of competitive
wireless telecommunications in the City. Specifically this section of the zoning
ordinance proposes to regulate the location of telecommunications towers and
telecommunications facilities to protect residential areas from potential adverse
LM-pacts. to promote and encourage shared use or co- location of
telecommunications towers and antenna support structures and to avoid potential
dam age to property caused by these facilities by insuring such uch structures are
soundly and carefully designed constructed modified maintained and removed
when no longer used It is hereby determined that these objectives can be
achieved by implementing the following requirements:
L Telecommunications towers shall be a permitted use of land in the C-
IA. C -2, I -1 and I -2 zoning districts No telecommunication tower shall
be built, erected or constructed upon any parcel of land in the zoning
districts set forth above unless a building_ permit shall have been issued
by the City's Building Official
2. Telecommunications towers are exempt from the maximum height
• restrictions of the districts where thev are located however, these towers
-2-
• ORDINANCE NO.
shall not be permitted to exceed the height authorized in the airport safety
zones established for the Crystal Airport.
3. No telecommunications tower shall be built, constructed or erected in the
City unless such tower is capable of supporting other telecommunications
facilities comparable in weight, size, and surface area
4. Telecommunications towers are prohibited on property the use of which
includes the storage distribution or sale of volatile flammable explosive
or hazardous materials such as LP gas propane gasoline natural gas and
corrosive or dangerous chemicals.
5. All telecommunications towers shall be setback on all sides a distance
equal to the setback requirement for structures in the applicable zoning
district. Said towers may not be located in a front yard or side corner
yard between a principal structure and a public street.
6. All telecommunications towers must be designed and certified by an
Engineer to be structurally sound and at minimum in conformance with
• the Minnesota State Building Code and all other construction standards
set forth by Cijy regulation and Federal and State law.
7. Telecommunications towers shall be separated from residentially zoned
lands by a minimum distance of twice the height of the proposed tower.
8. Telecommunications towers shall not be artificially lighted except when
required by the Federal Aviation Administration FAA).
9. Telecommunications towers not requiring FAA painting or marking shall
have an exterior finish of stealth design
10. Any fences constructed around or upon parcels containing
telecommunications towers antenna support structures or
telecommunications facilities shall be constructed in accordance with
screening requirements in the applicable zoning district unless more
stringent fencing requirements are required by FCC regulations No
barbed or razor wire fencing is allowed.
11. Landscaping on parcels containing telecommunications towers antenna
support structures or telecommunications facilities must be in accordance
• with the landscape point system developed by the Planning Commission
• ORDINANCE NO.
Utility buildings and structures accessory to a tower must be designed to
blend in with the surrounding; environment and to meet setback
requirements as provided for in the applicable zoning district Ground
mounted equipment must be screened from view by suitable vegetation
or other screening device.
12. No telecommunications tower or portion thereof, shall be used for the
posting of signs or advertising other than required warning signs Said
signs must be in compliance with the Sign Ordinance
13. All telecommunications towers, telecommunications facilities and
antenna support structures shall at all times be kept and maintained in
good condition, order and repair so that the same shall not be a danger to
the public.
14. Any telecommunications facilities which are not attached to a
telecommunications tower may be permitted as an accessory use to any
antenna support structure at least 75 ft tall regardless of the zoning
restrictions applicable to the zoning district where the structure is located
• The telecommunications facility and antenna support structure must
comply with the provisions of the Minnesota State Building Code No
such structure or facility shall be built constructed or erected without
first having obtained a building permit from the building official.
15. Telecommunications facilities are permitted upon Ci , -owned water
towers provided an approved lease agreement with the City has been
executed and a building permit from the Building Official has been
obtained.
16. Any telecommunications tower, telecommunications facility and/or
antenna support structure that is not used for telecommunications
purposes for one year shall be deemed abandoned and the propeM owner
shall remove the tower facility and/or antenna in the same manner and
pursuant to the procedures as for dangerous or unsafe structures
established by Minnesota Statutes Section 463.15 through 463.26. If the
owner fails to remove the tower facility and/or antenna after one year, iI
may be removed by the City with costs of such removal assessed against
the property owner of the site.
Section 3. This ordinance shall become effective after adoption and upon thirty
• days following its legal publication.
-4-
• ORDINANCE NO.
Adopted this day of , 1997.
Mayor
ATTEST:
Clerk
Date of Publication
Effective Date
(Brackets indicate matter to be deleted, underline indicates new matter.)
•
•
-5-
MEMO
To: Michael J. McCauley, City Manager
From: Ronald A. Warren, Planning and Zoning Specialist
Subject: An Ordinance Amending Chapter 35 Regarding Buildings in R -1 and R -2
Districts
Date: May 7, 1997
On the May 12, 1997 City Council agenda is a draft ordinance amending Chapter 35 of the City
Ordinances regarding buildings in the R -1 and R -2 districts. This ordinance amendment was
recommended to the City Council by the Planning Commission at its May 1, 1997 meeting.
The ordinance amendment is in response to a discussion with the Planning Commission held on
April 17, 1997 regarding accessory buildings in the R -1 and R -2 zoning district. It had been
explained to the Planning Commission that it had been City policy for a number of years that no
• accessory building be allowed to have a sanitary sewer hook -up. The reason for such policy was
to avoid the potential problem of having accessory buildings be utilized as habitable space and
possibly being used as a separate dwelling on properties in the R -1 and R -2 zoning districts. It
was explained to the Planning Commission that this was a policy that had been regularly
enforced but there was no ordinance provision supporting it. The City Attorney had advised that
the policy was probably defensible but recommended, in order to avoid any problems in the
future, that city ordinances be amended to reflect this fact. The staff had had some inquiries
about the ossibili of having an accessory build hooked u to sani P tY g rY g P sewer.
Following discussion of this matter by the Planning Commission on April 17th, there was a
motion to direct the Secretary to prepare a draft ordinance amendment prohibiting connection of
sanitary sewer to accessory buildings and that this matter be brought back to them for their
consideration.
This matter was again reviewed by the Planning Commission at their May 1, 1997 study session
and was recommended for approval to the City Council.
It is recommended that the City Council, following consideration of this matter, approve the draft
ordinance amendment for first reading and schedule a public hearing on this matter.
•
There was a motion by Commissioner Walker, seconded by Commissioner Newman, that the
modifications to Tax Increment District No. 3 conform to the general plan for development or
• redevelopment of the City as a whole.
Voting for: Chair Willson, Commissioners Newman, Reem, and Walker. Commissioner Boeck
abstained. The motion passed.
OTHER BUSINESS
Mr. Warren noted there may be a request before the Planning Commission to allow a sewer and
water hook -up to an accessory building. Although there is nothing specific in the ordinance to
address this issue, it has long been City policy to not allow sewer hook -ups to an accessory building.
There was a motion by Commissioner Boeck, seconded by Commissioner Reem to direct the
Secretary to prepare a draft ordinance amendment `to prohibit connection of sanitary sewer to
accessory buildings to concur with City policy in the past and to bring the amendment back to the
Planning Commission for consideration.
Voting for: Chair Willson, Commissioners Boeck, Newman, Reem, and Walker. The motion passed
unanimously.
Commissioner Reem expressed her concern that the City was still addressing code enforcement in
regard to cleaning up areas of the City.
• Mr. Warren stated the City was still pursuing this and was looking for Code Enforcement personnel.
The City would also be looking at exterior maintenance of homes this year in the concentrated code
enforcement effort.
Mr. Warren stated there was no further business to bring before the Commission. The next
Commission meeting will be on Thursday, May 1, 1997.
ADJOURNMENT
There was a motion by Commissioner Walker, seconded by Commissioner Reem, to adjourn the
Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 10:1 S
p.m.
Chair
Recorded and transcribed by:
Lorri Kopischke
TimeSaver Off Site Secretarial
•
4 -17 -97
Page 9
• CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the 9th day of June , 1997,
at 7
p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider amending Chapter 35 of
the City ordinances regarding buildings in R1 and R2 districts.
Auxiliary aids for persons with disabilities are available upon request at least 96 hours in
advance. Please contact the Personnel Coordinator at 569 -3300 to make arrangements.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES
REGARDING BUILDINGS IN R1 AND R2 DISTRICTS
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is
amended in the following manner:
• Section 35 -530. BUILDINGS IN RI AND R2 DISTRICTS. In RI and R2
districts every building hereafter erected or structurally altered shall be located
on a lot, and in no case shall there be more than one principal building on one lot.
The term "principal building" shall be given its common, ordinary meaning; in
case of doubt, or on any question of interpretation, the decision shall rest with the
zoning official.
1. No accessory building, unless an integral part of the principal building,
shall be erected, altered, or moved, within six feet of the principal
building, as measured from exterior wall to exterior wall. No accessory
building shall be erected, altered, or moved within six feet of another
accessory building, as measured from exterior wall to exterior wall.
2. Accessory buildings may not be erected within the side yard adjacent to
the street of a corner lot.
3. No accessory building shall exceed 15 feet in height.
4. No accessory building shall be provided with sanitary sewer facilities
4 5. No basement, cellar, garage, tent, or accessory building shall at any time
be used as a residence or dwelling, temporarily or permanently.
•
1
• ORDINANCE NO.
§ 6. All dwellings shall be on permanent foundations which comply with the
State Building Code and which are solid for the complete circumference
of the dwelling, except that accessory used such as screened or enclosed
porches, canopies, decks, balconies, stairs, etc., may be placed on a
noncontinuous permanent foundation as approved by the Building
Official.
6 7. The width and the depth of the main portion of any dwelling built after
July 23, 1983, shall be no less than 18'.
Section 3. This ordinance shall become effective after adoption and upon thirty days
following its legal publication.
Adopted this day of , 1997.
• Mayor
ATTEST:
Clerk
Date of Publication
Effective Date
(Strikeout indicate matter to be deleted, underline indicates new matter.)
•
2
MEMORANDUM
DATE: May 9, 1997
TO: Michael McCauley, City Manager
FROM: Diane Spector, Director of Public Services
SUBJECT: Resolution Authorizing Execution of A Sub -grant Agreement with the
Minnesota Department of Public Safety for Disaster Relief
On May 8, 1997 Captain Joel Downer, Public Works Superintendent Dave Peterson, and I
attended a disaster relief Applicant's Briefing hosted by the Division of Emergency Management
and FEMA. This briefing provided information regarding potential participation by Brooklyn
Center in the Infrastructure Program, which provides reimbursement to public agencies for
extraordinary costs incurred during a federally - declared disaster. These extraordinary costs
would be eligible for 100% reimbursement.
At this briefing I submitted a Notice of Interest in Applying for Federal Disaster Assistance. I
also scheduled an inspection by FEMA officials of two sites in Brooklyn Center which are
eligible for disaster relief -- the 65th and Willow Lane area, and Lift Station #2 at 55th and
Lyndale. This inspection will occur on Thursday, May 15.
The types of extraordinary expenditures which are eligible for reimbursement are: overtime,
including labor and fringe benefits; City equipment use at FEMA established rates; materials
such as sandbags, sand, jersey barriers, rip rap, plastic sheeting, pallets, etc.; and contractual
costs. The regular time of permanent employees is not eligible for reimbursement, unless they
were employees not regularly assigned to that type of work. At this time I believe the total
amount which would be eligible for consideration for 100% reimbursement would be about
$10- 12,000.
I am in the process of gathering records and preparing the paperwork to be submitted to FEMA.
FEMA does require that to be eligible for assistance a Sub -grant Agreement be executed which
establishes terms of federal reimbursement. A resolution must be passed establishing who will
be responsible for executing the agreement on behalf of the City. I have prepared the appropriate
resolution which designates you as the responsible party. I have attached a copy of the "model"
agreement from the "Sub- grantee's Guidebook on Major Disaster Assistance Procedures."
•
Member introduced the following resolution and moved
its adoption:
RESOLUTION NO.
RESOLUTION AUTHORIZING EXECUTION OF A SUB -GRANT AGREEMENT
WITH THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY FOR DISASTER
RELIEF
WHEREAS, the City of Brooklyn Center incurred substantial costs associated with
the Mississippi River flood of April, 1997; and
I
WHEREAS, Hennepin County has been declared a Disaster Area and agencies
which incurred costs for said flooding are eligible for reimbursement of those costs; and
WHEREAS, to be eligible for reimbursement, a Sub -grant Agreement defining
terms of reimbursement must be executed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota that the City of Brooklyn Center enter into a Sub -grant Agreement
with the Division of Emergency Management in the Minnesota Department of Public Safety for
the program entitled infrastructure Program for FEMA 1175 -DR- MINNESOTA. City manager
er
g
Michael J. McCauley is hereby authorized to execute and sign such Sub -grant Agreements and
amendments as necessary to implement the project on behalf of the City of Brooklyn Center.
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
h
t ereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
State of Minnesota
Sub - Grantee's Guidebook on Major Disaster Assistance Procedures April 1997
• for the Public Assistance Program (Infrastructure) Revision: 8
ATTACHMENT 6
STATE OF MINNESOTA
DEPARTMENT OF PUBLIC SAFETY
DIVISION OF EMERGENCY MANAGEMENT
SUB -GRANT AGREEMENT
INFRASTRUCTURE PROGRAM (IP)
Notice to SUB - GRANTEE: If SUB - GRANTEE is other than a governmental agency, it is required by
Minnesota Statutes, Section 270.66 to provide its social security number or Minnesota Tax
Identification number if it does business with the State of Minnesota. This information may be used on
the enforcement of federal and.state tax laws.. Supplying these numbers could result in action to require
you to file state tax returns and pay delinquent state tax liabilities. THIS SUB -GRANT WILL NOT BE
APPROVED UNLESS THESE NUMBERS ARE PROVIDED. These numbers will be available to
federal and state tax authorities and state personnel involved in the payment of state obligations.
THIS SUB -GRANT AGREEMENT, which shall be interpreted pursuant to the laws of the State
of Minnesota, between the STATE OF MINNESOTA, acting through its Department of Public
Safety, Division of Emergency Management (hereinafter referred to as the "STATE ") and the
Soc. Sec. or MN Tax ID. No. , Federal Employer I.D. No. (if
applicable) (hereinafter referred to as the "SUB- GRANTEE "),
• witnesseth that:
WHEREAS, pursuant to Minnesota Statutes Chapter 12, Executive Order
(FIELD(Executive Order applicable to this disaster) and the FEMA -State Agreement
designated FEMA - (FIELD(Disaster # applicable to this declaration) DR- MINNESOTA
and amendments thereto, under the Robert T. Stafford Disaster Relief and Emergency Assistance
Act, Public Law 93 -288, as amended, 42 USC 5121 et sect. ( "the Stafford Act "), in accordance
with 44 CFR 206.202, the STATE. is empowered to receive, allocate and disburse federal aid
monies made available through the Federal Emergency Management Agency (FEMA); and
WHEREAS, the STATE is the authorized Grantee in the FEMA -State Agreement, FEMA- -
FIELD(Disaster # applicable to this declaration) DR- MINNESOTA and amendments thereto,
which delineates the terms in which federal assistance will be provided to SUB - GRANTEES; and
WHEREAS, SUB - GRANTEE has applied for assistance, and is eligible and authorized to receive
such funds under this grant program as per the eligibility requirements stated in the State of
Minnesota Administrative Plan and Procedures for the Infrastructure Program (IP) (MPS-
DEM 00 /00); (FIELD(Date of this document) and
WHEREAS, there has been a presidential disaster declaration based on damage resulting from
(FIELD(The type of storm and incident period pursuant to
disaster declaration)); and
31
State of Minnesota
Sub - Grantee's Guidebook on Major Disaster Assistance Procedures April 1997
for the Public Assistance Program (Infrastructure) Revision: 8
•
NOW, THEREFORE, it is mutually agreed that the STATE shall grant and the SUB - GRANTEE
shall receive funds through this program, and SUB - GRANTEE shall comply with all aspects of
the Infrastructure Program (IP) and shall use funds provided by this Sub -grant in accordance
with the terms of this agreement:
I. SUB - GRANTEE'S DUTIES AND RESPONSIBILITIES.
A. SUB - GRANTEE shall comply with the Federal Assurances Construction
Programs, as stated below:
I . SUB - GRANTEE certifies that the SUB - GRANTEE has the legal authority
to apply'for federal assistance, and the institutional, managerial and
financial capability (including funds sufficient to pay the non - federal share
of project costs) to ensure proper planning, management and completion of
the project described in this Sub -grant Agreement.
2. SUB- GRANTEE will give FEMA, the Comptroller General of the United
States, and the STATE, through their authorized representatives, access to
and the right to examine all records, books, papers, or documents related
to the assistance; and will establish a proper accounting system in
accordance with generally accepted accounting standards or agency •
directives.
3. SUB- GRANTEE shall be responsible for keeping records that fully
disclose the amount and disposition of project funds. The accounting
procedures utilized by the SUB - GRANTEE shall provide for the accurate
and timely recording of the receipt of funds and expenditures.
4. SUB- GRANTEE will comply with the requirements of FEMA in regard to
the drafting, review, and approval of construction plans and specifications.
5. SUB - GRANTEE will provide and maintain competent and adequate
engineering supervision at the construction site to ensure that the work is
completed and conforms with the approved plans and specifications.
6. SUB - GRANTEE will establish safeguards to prohibit SUB- GRANTEE's
employees from using their positions for any purpose that constitutes or
presents the appearance of personal or organizational conflict of interest, or
personal gain.
7. SUB - GRANTEE will comply with the provisions of the Hatch Act (5
U.S.A. §§ 1501 -1508 and 7324 -7328) which limit the political activities of
employees whose principal employment activities are funded. in whole or in
part with federal funds and with the Certification Regarding Lobbying,
32
State of Minnesota
Sub- Grantee's Guidebook on Major Disaster Assistance Procedures April 1997
for the Public Assistance Program (Infrastructure) Revision 8
contained in Exhibit IV, hereby incorporated by reference and made a part
of this Sub -grant Agreement and SUB - GRANTEE has filed with the State
the certification contained in Exhibit IV.
8. If identified on the attached Damage Survey Report, SUB - GRANTEE
will comply with the flood insurance purchase requirements of Section
102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93 -234), 44
CFR part 206, subpart I, which requires SUB - GRANTEE in a special
flood hazard area to participate in the program and to purchase flood
insurance if the total cost of insurable construction and acquisition is
$5,000 or more.
9. SUB - GRANTEE will comply with all applicable requirements of all federal
laws, Executive Orders, regulations and policies governing this program
including, but not limited to, those referenced in Exhibit II, which is hereby
incorporated and made part of this Sub -grant Agreement.
B. SUB - GRANTEE shall perform its duties in accordance with the State of
Minnesota Administrative Plan and Procedures for the Infrastructure
Program (IP) (MPS -DEM 00/00) FIELD(Date of this document) ,and as to
the requirements contained in the State of Minnesota Sub - grantee's Guidebook
on Major Disaster Assistance Procedures for the Infrastructure Program
revised 00 /00 (FIELD(Date of the Guidehook)) (hereinafter referred to as the
"IP Guidebook "). These documents will be provided to the SUB - GRANTEE by
the STATE.
SUB - GRANTEE further agrees to carry out the work described on each eligible
Damage Survey Report, hereby attached to the SUB - GRANTEE'S copy of this
Sub -grant Agreement and incorporated by reference and made a part of this Sub -
grant Agreement. Original Damage Survey Reports shall be kept on file by the
STATE with the STATE'S copy of the Sub -grant Agreement and shall be housed
by the STATE at the STATE'S central office, located in the Minnesota State
Capitol Building, Room B5, St. Paul, Minnesota.
C. SUB - GRAN'T'EE assures that funds provided and allocated through this sub -grant,
as described on the eligribl Damage Survey Report(s) provided in support of this
Sub -grant Agreement, will be used as approved and directed by the STATE.
R. CONSIDERATION AND TERMS OF PAYMENT
A. Consideration for all services performed and goods or materials supplied by SUB -
GRANTEE pursuant to this Sub -grant Agreement shall be paid by the STATE as
follows:
33
State of Minnesota
Sub - Grantee's Guidebook on Major Disaster Assistance Procedures April 1997
for the Public Assistance Program (Infrastructure) Revision: 8
1. Compensation shall be consistent with the Stafford Act and applicable
regulations, "IP Guidebook," and eli i l Damage Survey Reports of this
Sub-grant Agreement.
� A g
2. The total obligation of the STATE for all STATE compensation and
reimbursement to SUB - GRANDE shall not exceed the "State Share"
amount stated in Exhibit III of th S» -rant Agreement, and is contingen
on the Minnesota State Legislature special appropriation of the "State
Share" for this Infrastructure Program that is necess ry for the Ra-yment
stated as the "State Share" (see Exhibit III of the Sub -grant AgreemenjLIf
the "State Share" is not ap rroopriated by the Legislature, the SUB-
GRANT shall be responsible for this amount
3. The total obligation of the STATE for allocation and disbursement of
federal (FEMA) funds for all compensation and reimbursement to SUB -
GRANTEE shall not exceed the "Federal hare" and "Administrative
Costs" amounts stated in Exhibit III of this SSu air nt Agreement
B. Terms of Reimbursement
1. Federal assistance will be made available by the STATE, within the limits
of funds available from Congressional appropriations for such purposes, in
accordance with the Stafford Act, Executive Orders 12148 and 12673, and
applicable regulations found in Title 44 of the Code of Federal Regulations
(CFR), as amended, and currently applicable handbooks.
2. Payment of Claims
a. Federal (FEMA) Funds - Small Projects
The STATE shall make payment of the federal funds for small .
projects, as defined in the "IP Guidebook," as soon as practicable
after federal approval of funding. However, failure to complete a
project may require that the federal payment be refunded.
b. Federal (FEMA) Funds - Large Projects
The STATE shall make payment of the federal funds for large
projects, as defined in the "IP Guidebook," when the approved
work is completed, the Project Listing Form required by paragraph
II. B. 3 of this Sub -grant Agreement, is returned to the STATE,
and the STATE and FEMA have approved the payment of claims.
The STATE will provide partial payments of federal funds to the
SUB- GRANTEE to cover costs already ncurred on large projects
Y � r 1
34
State of Minnesota
Sub- Grantee's Guidebook on Major Disaster Assistance Procedures April 1997
for the Public Assistance Program (Infrastructure) Revision: 8
if the SUB - GRANTEE submits the Request for Advance of Funds
Form provided by the STATE, and provides documentation in
support of its costs including proof of payment. The partial
payments will not exceed 90% of the federal share of the project.
C. State Share - All Projects
The STATE will provide the State Share once all work has been
completed and required documentation has been provided in
support of the SUB- GRANTEE's costs as described in paragraph 3
below, and if and when the Minnesota State Legislature
appropriates such funds pursuant to Clause II, Section A,
paragraph 2 of the Sub -grant Agreement.
3. When the SUB - GRANTEE has completed its infrastructure project(s), the
SUB- GRANTEE is responsible for completing the "Project Listing Form."
A completed "Project Listing Form," along with the necessary supporting
documentation including receipts, invoices, etc., as specified in the "IP
Guidebook," must be returned to the STATE within 60 days of project
completion to be eligible for reimbursement.
4. If SUB - GRANTEE determines that there will be a cost overrun, SUB-
GRANTEE is notify required to re q u the STATE in writing as soon as SUB -
fy
GRANTEE determines that SUB - GRANTEE will have a cost overrun.
The SUB- GRANTEE's letter to the STATE must include the dollar
amount of the overrun, the reason for the overrun, and provide appropriate
justification and documentation (invoices, copies of contracts, pictures,
etc.) to support the additional cost. If overruns are approved by FEMA,
the SUB - GRANTEE will be notified by the STATE and an amendment to
this Sub -grant Agreement will be processed.
5. Reimbursement for the IP project costs will not be paid on any expenditure
made by the SUB - GRANTEE prior to the dates specified in the FEMA-
State Agreement, FEMA- - (FIELD(Disaster # applicable to this
declaration)) DR- MINNESOTA and amendments thereto. The specified
incident period is (FIELD of incidentperiod)
III. CONDITIONS OF PAYMENT. All services and duties provided by SUB - GRANTEE
pursuant to this Sub -grant Agreement shall be performed to the satisfaction of the STATE
and FEMA, as determined in the sole discretion of their authorized agents, and in accord
with all applicable federal, state and local laws, ordinances, rules and regulations. SUB-
GRANTEE shall not receive payment for work found by the STATE or FEMA to be
35
State of Minnesota
Sub- Grantee's Guidebook on Major Disaster Assistance Procedures April 1997
for the Public Assistance Program (Infrastructure) Revision: 8
unsatisfactory, or performed in violation of federal, state or local law, ordinance, rule or
regulation.
IV. TERM OF SUB - GRANT AGREEMENT. This Sub -grant Agreement shall be effective
upon the date that the last signature is obtained by the STATE, pursuant to Minnesota
Statutes 16B.06, Subd. 2, and shall remain in effect until all obligations set forth in this
Sub -grant Agreement have been satisfactorily fulfilled or until
(FIELD(I8 months after disaster declaration date)) which ever occurs first.
1. Time Limits. SUB - GRANTEES have 6 months from ,
...............
(FIELD(Date of the disaster declaration)) the date of the declaration of a major
disaster, to complete work in Category A and B and 18 months to complete the
work in Categories C through G. The description of eligible work under each
category is found in the "IP Guidebook."
2. Time Extensions. If a SUB - GRANTEE determines that it will not be able to
complete its project by the date specified in this Sub -grant Agreement, it must
immediately so notify the STATE, and request a time extension. The Time
Extension form provided by the STATE should be used to request a time
extension. The SUB-GRANTEE must explain on the time extension form why the
SUB- GRANTEE will not be able to meet the completion deadline, what project �.
work remains, and when it anticipates the project will be completed. Time
extensions will be allowed only by the approval of the STATE or FEMA
V. CANCELLATION AND TERMINATION
1. If SUB - GRANTEE materially fails to comply with any term of this Sub -grant
Agreement whether stated in a Federal statute or regulation, an assurance, in a
State plan or application, a notice of award, or elsewhere, the STATE may take
one or more of the following actions, as appropriate in the circumstances:
a. Temporarily withhold cash payments pending correction of the deficiency
by the SUB - GRANTEE or more severe enforcement action by the STATE,
b. Disallow (that is, deny both use of funds and matching credit for) all or part
of the cost of the activity or action not in compliance,
C. Wholly or partly suspend or terminate the current award for the SUB-
GRANTEE's program,
d. Withhold further awards for the program, or
e. Take other remedies that may be legally available.
36
State of Minnesota
Sub - Grantee's Guidebook on Major Disaster Assistance Procedures April 1997
for the Public Assistance pro (Infrastructure) Revision: 8
2. This Sub -grant Agreement may be terminated in whole or in part by the STATE or
SUB- GRANTEE upon written notification to the STATE or FEMA, setting forth
the reasons for such termination, the effective date, and in the case of partial
termination, the portion to be terminated. However, if in the case of a partial
termination, the STATE determines that the remaining portion of the award will
not accomplish the purposes for which the award was made, the STATE may
terminate the award in its entirety.
3. If at any time such funds become unavailable, this Sub -grant Agreement shall be
terminated immediately upon written notice of such fact by the STATE to SUB -
GRANTEE. In.the event of such termination, SUB- GRANTEE shall be entitled
to payment, determined on a pro rated basis, for services satisfactorily performed.
VI. STATE'S AUTHORIZED AGENT. The STATE's authorized agent for the purposes of
administration of this Sub -grant Agreement is the Director of the Minnesota Division of
Emergency Management, or their successor. Such agent shall have final authority for
acceptance of SUB- GRANTEE's services and authorization of payments.
VII. ASSIGNMENT. SUB - GRANTEE shall neither assign nor transfer any rights or
obligations under this Sub -grant Agreement without the prior written consent of the
STATE. SUB - GRANTEE may sub- contract to provide services as described in the SUB -
GRANTEE duties. It is understood, however, the SUB - GRANTEE remains solely
responsible to the STATE for providing the projects and services described.
VIII. AMENDMENTS. Any amendments to this Sub -grant Agreement shall be in writing, and
shall be executed by the same parties who executed the original or their successors in
office.
IX. LIABILITY. To the extent permitted by law, the SUB - GRANTEE agrees to indemnify
and save and hold the STATE, its agents and employees harmless from all claims or
causes of action arising from the performance of this Sub -grant Agreement by the SUB -
GRANTEE or SUB- GRANTEE's agent or employees. This clause shall not be construed
to bar any legal remedies SUB - GRANTEE may have for the STATE's failure to fulfill its
obli gations pursuant to this Sub -grant Agreement.
X. ACCOUNTING, AUDIT AND RETENTION OF RECORDS
A. SUB- GRANTEE will establish a separate account for this project and will
maintain fiscal records in accordance with applicable federal regulations for P.L.
100 -690. SUB- GRANTEE's records, documents, and accounting procedures and
practices for this project shall be subject to the examination of the STATE's
authorized agent and by the State and/or Legislative Auditor. Fiscal records shall
37
State of Minnesota
Sub - Grantee's Guidebook on Major Disaster Assistance Procedures April 1997
for the Public Assistance Program (Infrastructure) Revision: 8
be retained for a period of three years following submission of the final report,
unless SUB - GRANTEE is notified by the STATE to extend the retention period.
B. Should the SUB - GRANTEE receive more than $25,000 in total federal assistance
in its fiscal year, the SUB - GRANTEE shall obtain an annual financial and
compliance audit, made by an independent auditor, in accordance with the Single
Audit Act of 1984 (Public Law 98 -502) and the federal Office of Management and
Budget Circular A -128, (or Circular A -133) as applicable. Exhibit I "Federal
Audit Requirements" is binding upon the SUB - GRANTEE and is hereby
incorporated by reference. A copy of this audit shall be submitted to the STATE
in a timely manner.
C. The books, records, documents, and accounting procedures and practices of the
SUB - GRANTEE and SUB- GR.ANTEE's agents relevant to this Sub -grant
Agreement shall be subject to examination by the STATE's authorized agent and
the STATE and/or Legislative Auditor.
XI. IDENTIFICATION AND SOURCE OF FUNDING. When issuing statements, press
releases, requests for proposals, bid solicitations, and other documents describing projects
or programs funded in whole or in part with Federal money, SUB - GRANTEE will clearly
state (1) the percentage of the total cost of the program or project which will be financed
with Federal money, (2) the dollar amount of Federal funds for the projects or program,
and (3) the source of Federal funds.
XII. WORKER'S COMPENSATION. In accordance with the provisions of Minnesota
Statutes, Section 176.182, the SUB - GRANTEE has provided acceptable evidence of
compliance with the workers' compensation insurance coverage requirement of Minnesota
Statutes, Section 176.181, Subdivision 2.
XIII. ANTITRUST. SUB - GRAN'T'EE hereby assigns to the State of Minnesota any and all
claims for overcharges as to good and/or services provided in connection with this Sub -
grant Agreement resulting from antitrust violations which arise under the antitrust laws of
the United States or the antitrust laws of the State of Minnesota.
XIV. NONDISCRIMINATION/PREVAILING WAGE. SUB - GRANTEE agrees that in the
hiring of common or skilled labor for the performance of any work under any contract, or
any sub- contract here under, neither it nor any contractor, material supplier or vendor
shall engage in any discriminatory employment practices as such practices are defined in
Minnesota Statutes, Sections 363.03 and 181.59 or in any practices prohibited by
Minnesota Statutes, Sections 177.42 and 177.43.
XV. RECORDS AND DOCUMENTATION
38
State of Minnesota
Sub - Grantee's Guidebook on Major Disaster Assistance Procedures April 1997
for the Public Assistance Program (Infrastructure) Revision S
• a. For large projects, as defined in the "IP Guidebook," the SUB - GRANTEE shall
complete a Quarterly Progress Report, in the format included as an attachment to
the "IP Guidebook," provided by the STATE. SUB - GRANTEE shall forward
completed Quarterly Progress Reports to the STATE at dates set by the STATE
and shall provide all other information as may be required by FEMA or by the
STATE.
i
•
39
State of Minnesota
Sub- Grantee's Guidebook on Major Disaster Assistance Procedures April 1097
for the Public Assistance Program (Infrastructure) Revision: 8
In Witness thereof, the parties have caused this Sub -grant Agreement to be duly executed
intending to be bound thereby.
APPROVED
;.;SUB: GRANTEE 2. DEPARTMENT. QF. PUBLIC 'SAFETY!
GOVERNOR'S AUTHORIZED
REPRESENTATIVE OR DEPUTY
AUTHORIZED REP
B B
Title: Date:
As per FEMA/State Agreement and
Date: Amendments thereto
3- ENCUMBERED BY:
By:
Title:
Date: By:
Date:
A certified copy of the resolution authorizing the SUB - GRANTEE to enter into this Sub -grant
Agreement and designating person(s) to execute this Sub -grant Agreement must be attached
hereto. A sample resolution form is attached hereto as Exhibit V.
40
State of Minnesota
Sub- Grantee's Guidebook on Major Disaster Assistance procedures April 1997
for the Public Assistance Program (Infrastructure) Revision 8
• Exhibit I
FEDERAL AUDIT REQUIREMENTS
1. For SUB - GRANTEES who are state (includes than tribes) or local governments:
If the SUB - GRANTEE receives total direct and indirect federal assistance of
** $100,000 or more per year, the SUB-GRANTEE agrees to obtain a financial and
compliance audit made in accordance with the Single Audit Act of 1984 (Public
Law 98 -502) and the federal Office of Management and Budget (OMB) Circular
A -128. The law and circular provide that the audit shall cover the entire
operations of the SUB - GRANTEE government or, at the option of the SUB -
GRANTEE government, it may cover departments, agencies or establishments that
received, expended, or otherwise administered federal financial assistance during
the year. However, if the SUB - GRANTE government receives $25,000 or more
in General Revenue Sharing Funds in a fisc year, it shall have an audit of its
entire operations.
* * between $25,000 and $100,000 per year, the SUB - GRANTEE agrees to obtain
either:
• a. a financial and compliance audit made in accordance with the Single Audit
Act of 1984 and OMB Circular A -128, or
b. a financial and compliance audit of federal funds. The audit must
determine whether the SUB- G E spent federal assistance funds in
accordance with applicable laws an regulations and the audit must be
made in accordance with any federa. laws and regulations governing the
federal programs the SUB -GRAN E participates in.
Audits shall be made annually unless the state or to al government has, by January 1,
1987, a constitutional or statutory requirement for ess frequent audits. For those
governments, the cognizant agency shall permit bie imal audits, covering both years, if the
government so requests. It shall also honor reques s for biennial audits by governments
that have an administrative policy calling for audits less frequent than annual, but only for
fiscal years beginning before January 1, 1987.
2. For SUB - GRANTEES who are institutions of higher education, hospitals, or other
nonprofit organizations:
If the SUB - GRANTEE receives total direct and indirect federal assistance of $100,000 or
more per year, the SUB - GRANTEE agrees to ob a financial and compliance audit
made in accordance with OMB Circular A -133. T e audit must be organization wide
41
State of Minnesota
Sub - Grantee's Guidebook on Major Disaster Assistance Procedures April 1997
for the Public Assistance Program (Infrastructure) Revision: 8 .
audit, unless it is a coordinated audit in accordance with OMB Circular A -133. However,
when the $100,000 or more was received under only one program, the SUB - GRANTEE
may have an audit of that one program.
Between $25,000 and $100,000 per year the SUB- GRANTEE agrees to obtain either:
** a financial and compliance audit made in accordance with OMB Circular A -133, or
** a financial and compliance audit of each federal program. The audit must
determine whether the SUB - GRANTEE spent federal assistance funds in
accordance with applicable laws and regulations and the audit must be made
accordance with any federal laws and regulations governing the federal programs
in which the SUB - GRANTEE participates.
Audits shall usually be made annually, but not less frequently than every two years.
3. All audit shall be made by an independent auditor. An independent auditor is a state or
local government auditor or a public accountant who meets the independence standards
specified in the general Accounting Office's Standards for Audit of Governmental
Qrsanizations_ Programs. Activities and Functions
4. The audit report shall state that the audit was erformed in accordance with the provisions
P P
of OMB Circular A -128 or A -133 as applicable.
The reporting requirements for audit reports shall be in accordance with the American
Institute of Certified Public Accountant's (AICPA) Statement on Auditing Standards
(SAS) 58, "Reports on Audited Financial Statements" or, SAS 62, "Special Reports ", as
applicable.
The reporting requirements for audit reports on compliance and internal controls shall be
in accordance with AICPS's SAS 63, "Compliance Auditing Applicable to Governmental
Entities and Other Recipients of Governmental Financial Assistance" and Statement of
Position (SOP) 89 -6, "Auditors' reports in Audits of State and Local Governmental
Units."
In addition to the audit report, SUB- GRANTEE shall provide comments on the findings
and recommendations in the report, including a plan for corrective action taken or planned
and comments on the status of corrective action taken on prior findings. If corrective
action is not necessary a statement describing the reason it is not should accompany the
audit report.
5. The SUB - GRANTEE agrees that FEMA, the Legislative Auditor, the State Auditor and
any independent auditor designated by FEMA shall have such access to; SUB-
42
State of Minnesota
Sub- Grantee's Guidebook on Major Disaster Assistance Procedures April 1997
for the Public Assistance Program (Infrastructure) Revision: 8
• GRANTEES records and financial statements as may be necessary for FEMA to comply
with the Single Audit Act the OMB Circular A -128 and OMB Circular A -133, as
applicable.
6. Recipients of federal financial assistance from SUB - GRANTEES are also required to
comply with the Single Audit Act and the OMB Circular A-128 or A -133, as applicable.
7. The SUB - GRANTEE agrees to retain documentation to support the schedule of federal
assistance.
8. Required audit reports must be filed with the Office of the State Auditor, Single Audit
Division and with the Ddpartment of Public Safety, within 30 days after the completion of
the audit, but no later than one year after the end of the audit period. If a federal
cognizant audit agency has been assigned for the SUB - GRANTEE, copies of the required
audit reports will be filed with that agency also.
The Department of Public Safety's audit report should be addressed to:
Minnesota Department of Public Safety
Office of Fiscal and Administrative Services
444 Cedar Street, Suite 100 -F
• St. Paul, Minnesota 55101-2156
Recipients of more than $100,000 in federal funds are to submit one copy of the audit
report within 30 days after issuance to the clearinghouse at the following address:
Bureau of the Census
Data Preparation Division
1201 East 10th Street
Jeffersonville, Indiana 47132
Attn: Single Audit Clearinghouse
43
State of Minnesota
Sub - Grantee's Guidebook on Major Disaster Assistance Procedures April 1997
for the Public Assistance Program (Infrastructure) Revision: 8 •
EXHIBIT II
FEDERAL ASSURANCES
1. SUB- GRANTEE will comply with the Intergovernmental Personnel Act of 1970
(42 U.S.C. §§ 4728 -4763) relating to prescribed standards for merit systems for
programs funded under one of the nineteen statutes or regulations specified in
Appendix A of OP 's Standards for a Merit System of Personnel Administration
(5 C.F.R. 900, Subpart F).
2. SUB - GRANTEE will comply with the Lead -Based Paint Poisoning Prevention Act
(42 U.S.0 §§ 4801 et seq.) which prohibits the use of lead based paint in
construction or rehabilitation of residence structures.
3. SUB - GRANTEE will comply with all federal statutes relating to non-
discrimination. These include but are not limited to: (a) Title VI of the Civil
Rights Act of 1964 (P.L. 88 -352) which prohibits discrimination on the basis of
race, color, or national origin; (b) Title IX of the Education Amendments of 1972,
as amended (20 U.S.C. §§ 1681 -1683, and 1685 -1686) which prohibits
discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of
1973, as amended (29 U.S.C. § 794) which prohibits discrimination on the basis of
handicaps; (d) the Age Discrimination Act of 1975 as amended (42 U.S.C. §§
6101 -6107) which prohibits discrimination on the basis of age; (e) the Drug Abuse
Office and Treatment Act of 1972 (P.L. 93 -255), as amended, relating to non -
discrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse
and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-
616), as amended, relating to non - discrimination on the basis of alcohol abuse or
alcoholism; (g) §§ 523 and 527 of the Public Health Service Act of 1912 (42
U.S.C. 290 dd -3 and 290 ee -3), as amended relating to confidentiality of alcohol
and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42
U.S.C. § 3601 et seq.), as amended relating to non - discrimination in the sale,
rental or financing of housing; (i) any other non - discrimination provisions in the
specific statue(s) under which application for federal assistance is being made, and
0) the requirements on any other non - discrimination Statute(s) which may apply to
the Sub -grant Agreement. When applicable, SUB - GRANTEE will comply with
Executive Order 11246 of September 24, 1965 entitled "Equal Employment
Opportunity ", as amended by Executive Order 11375 of October 13, 1967 and as
supplemented in Department of Labor regulations (41 CFR part 60). (All
construction contracts awarded in excess of $10,000 by grantees and their
contractors or sub- grantees).
4. SUB - GRANTEE will comply, or has already complied, with the requirements of
Titles II and III of the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (P.L. 91 -646) which provides for fair and
44
State of Minnesota
Sab- Grantee's Guidebook on Major Disaster Assistance Procedures April 1997
for the Public Assistance Pro (Infrastructure) Revision: 8
• equitable treatment of persons displaced or whose property is acquired as a result
of federal and federally assisted programs. These requirements apply to all
interests in real property acquired for project purposes regardless of federal
participation in purchases. For acquisition/relocation projects funded as a result of
the FEMA (>E+'1E(Disaster # applicable to this declaration)) -DR
presidential disaster declaration, the purchase of any real property under a qualified
buy -out program shall not constitute the making of Federal financial assistance
available to pay all or part of the cost of a program or project resulting in the
acquisition of real property or in any owner of real property being a displaced
person (within the meaning of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970).
5. SUB - GRANTEE will comply, as applicable, with the provisions of the Copeland
"Anti- Kickback" Act (18 USC 874), and the Contract Work Hours and Safety
Standards Act (40 U.S. 327 -330) regarding labor standards for federally assisted
construction sub - agreements, as supplemented by Department of Labor
Regulations.
6. SUB - GRANTEE will comply with environmental standards or requirements which
may be prescribed pursuant to the following: (a) institution environmental quality
control measures under the National Environmental Policy Act of 1969 (P.L. 91-
• 190) and Executive Order (EO) 11514; (b) Environmental Policy Act of 1969
(P.L. 91 -190) and Executive Order (EMO) 11514; (c) notification of violating
facilities pursuant to EO 11738; (d) protection of wetlands pursuant to EO 11990;
(e) evaluation of flood hazards in floodplains in accordance with EO 11988; (f)
assurance of project consistency with the approved state management program
developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451
et seq.); (g) compliance with all applicable standards, orders, or requirements
issued under section 306 of the Clear Air Act (42 U.S.C. 1857(h), section 508 of
the Clean Water Act (33 U.S.C. 1368, and Environmental Protection Agency
regulations (40 CFR part 15).
7. SUB- GRANTEE will comply with the Wild and Scenic Rivers Act of 1968 (16
U.S.C. §§ 1271 et seq.) related to protecting components or potential components
of the national wild and scenic rivers system.
8. SUB - GRANTEE will assist the STATE in assuring compliance with Section 106
of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470),
EO 11593 (identification and preservation of historic properties), and the , .
Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a -1 et seq.).
9. SUB - GRANTEE will comply with mandatory standards and policies relating to
energy efficiency which are contained in the state energy conservation plan issued
in compliance with the Energy Policy and Conservation Act (P.L. 94 -163).
45
State of Minnesota
Sub - Grantee's Guidebook on Major Disaster Assistance Procedures April 1997 '
for the Public Assistance Program (Infrastructure) Revision: 8
EXHIBIT III
Disaster Declaration #: Declaration Date: CFDC #83:516
Disaster Application #: (FIPS Code
.: , :..: SUB�RANTEE INFORMATION .:....
SUB - GRANTEE
Street
City County:
Authorized Representative (Name and'Title):
Contact Person (Name and Title):
Telephone Number: Facsimile Number:
DISASTER APPLICATION BREAKDOWN OF TOTAL SUB =GRANT AGREEMENT ONCE THIS SUB
GRANTAGREEMENT IS FUI: LY EXECUTED
APPROVED AMOUNT
Federal Share $
*State Share
Sub - Grantee Share:
Sub -Total : $
Administrative Cost: $
(100% federal funding)
Grand Total $
*Pursuant to Clause II, Section A, paragraph 2 of this Sub -grant Agreement
STATE CONTACT INFORMATION .:.
Contact Persons & Phone #: TTY: 612 297 -2100
Facsimile Number: 612 296 -0459
Mailing Address: Minnesota Division of Emergency Management
Room B5 - State Capitol
St. Paul, Minnesota 55155
•
46
Y State of Minnesota
Sub - Grantee's Guidebook on Major Disaster Assistance Procedures April 1997
for the Public Assistance Program (Infrastructure) Revision: 8
EXHIBIT IV
CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE
AGREEMENTS
This certification is required by the regulations implementing the New Restrictions on Lobbying,
44 CFR Part 18. The undersigned certifies, to the best of his or her knowledge and belief, that:
l . No federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal, amendment,
or modification of any Federal contract, grant loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of an agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative agreement,
the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to
Report Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, sub - grants, and
contracts under grants, loans, and cooperative agreements) and that all sub- recipients shall
certify and disclose accordingly.)
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who
fail to file the required certification shall be subject to a civil penalty of not less than $10,000 and
not more than $100,000 for each such failure.
Name and Title of Authorized Representative
Signature Date
i
47
State of Minnesota
Sub - Grantee's Guidebook on Major Disaster Assistance Procedures April 1997
for the Public Assistance Program (Infrastructure) Revision: 8
EXHIBIT V •
A OL VJ TION
RESOLUTION AUTHORIZING EXECUTION OF SUB -GRANT AGREEMENT
Be it resolved that
(Name of organization/Local Unit of Government)
enter into a Sub -grant Agreement with the Division of Emergency Management in the Minnesota
Department of Public Safety for the program entitled Infrastructure Program for FEMA
(FIELD(Disaster # applicable to this declaration))-DR- MINNESOTA.
is hereby authorized
(Name and Title of authorized official)
to execute and sign such Sub -grant Agreements and amendments as are necessary
to implement the project on behalf of
(Organization/Local Unit of Government)
•
I certify that the above resolueion was adopted by the
Executive Body) 1 nit of Government)
( y) (Organizatton/Loca U Go )
on
(Date)
SIGNED: WITNES SETH:
(Signature) (Signature)
(Title) (Title)
(Date) (Date)
48