Loading...
HomeMy WebLinkAbout1997 10-14 CCP Regular Session Public Copy CITY COUNCIL MEETING City of Brooklyn Center October 14, 1997 AGENDA 1. Call to Order Informal Open Forum with City Council - 6:45 p.m. 2. Informal Open Forum with City Council - Provides an opportunity for the public to address the Council on items which are not on the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be for clarification only. Open Forum will not be used as a time for problem solving or reacting to the comments made but, rather, for hearing the citizen for informational purposes only. 3. Call to Order Regular Business Meeting - 7 p.m. 4. Roll Call 5. Invocation - Sheila Arrington 6. Council Report 7. 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. August 25, 1997 - Regular Session 2. September 8, 1997 - Regular Session 3. September 11, 1997 - Joint Session with Planning Commission 4. September 22, 1997 - Special Session 5. September 22, 1997 - Regular Session 6. September 29. 1997 - Budget Work Session b. Appointment of Election Judges to Serve in the November 4 1 9 PP g b 9 7, Special Election • CITY COUNCIL AGENDA -2- October 14, 1997 C. Resolution Accepting Bid and Awarding a Contract, Improvement Project No. 1997- 14, Contract 97 -M, Water Utility Energy Conservation Measures d. Resolution Accepting Bid and Awarding. a Contract, Improvement Project No. 1997 - 18, Contract 97 -0, Emergency Replacement of the Cold Storage Building Roof e. Resolution Approving Preliminary Design, Improvement Project No. 1996 -16, Brooklyn Boulevard (CSAH 152), 65th Avenue to 71st Avenue f. Resolution Accepting Work Performed and Authorizing Final Payment, Improvement Project No. 1997 -09, Contract 1997 -C, 1997 Sealcoating g. Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees h. Resolution Amending the Schedule for Various License Fees i. Licenses 8. Presentation - Random Acts of Kindness 9. Public Hearings a. An Ordinance Amending Chapter 6 of the City Ordinances Regarding the Administrative Code -This item was first read on September 22, 1997, published in the official newspaper on October 1, 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. 1. Resolution Establishing the City's Departments - Requested Council Action: - Motion to adopt resolution. 10. Council Consideration Items a. Proclamation Declaring October as National Breast Cancer Awareness Month and • October 17, 1997, as National Mammography Day - Requested Council Action: - Motion to approve proclamation. CITY COUNCIL AGENDA -3- October 14, 1997 b. Set Date and Time of City Council Work Session - Requested Council Action: - Motion to set date for general Council work session as November 3, 1997, at 7 p.m. in City Hall Conference Room B. C. Resolution Receiving and Accepting Summary Report of Conclusions and Findings Prepared by Carl H. Neu, Jr. - Requested Council Action: - Motion to adopt resolution. d. Resolution Adopting Goals for 1998 - Requested Council Action: - Motion to adopt resolution. e. An Ordinance Relating to Regulation of Public Right -of -Way; Adding New Sections 25 -1000 through 25 -1032 to the Brooklyn Center Code of Ordinances -This ordinance would regulate the use of the public right -of -way by public and private utilities, including telecommunication providers. - Requested Council Action: - Motion to approve first reading of ordinance and set November 10, 1997, for public hearing and second reading. £ Resolution Expressing Appreciation for the Gift of the Bye Family in Memory of Robert Bye - Requested Council Action: - Motion to adopt resolution. g. Resolution Expressing Appreciation for the Gift of the Lions Club in Support of the Annual Children's Halloween Party Requested Council Action: - Motion to adopt resolution. h. Resolution Adopting Schedule for Requests for Proposals for Legal Services - Requested Council Action: - Motion to adopt resolution. 11. Adjournment • DRAFT MINUTES OF THE. PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION AUGUST 25, 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, Assistant City Manager Jane Chambers, Public Services Director Diane Spector, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and Council Secretary LeAnn Larson. • INVOCATION No invocation was offered. A moment of silence was observed. COUNCIL REPORTS Councilmember Lasman attended a recent meeting of the North Metro Mayors Association. Councilmember Peppe attended a recent meeting of the Northwest Suburbs Cable Communications Commission. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Councilmember Peppe and seconded by Councilmember Carmody to approve the agenda and consent agenda as printed passed unanimously. APPROVAL OF MINUTES A motion by Councilmember Peppe and seconded by Councilmember Carmody to approve minutes of the July 14, 1997 -- Regular Session as printed passed unanimously. 8/25/97 _1 _ DRAFT APPROVAL OF APPLICATION FORAUTHORIZATION TO CONDUCT EXCLUDED BINGO ON NOVEMBER 14 1997 FROM ORCHARD LANE ELEMENTARY SCHOOL A motion was made by Councilmember Peppe to approve the application for authorization to conduct excluded bingo on November 14, 1997, from Orchard Lane Elementary School. The motion was seconded by Councilmember Carmody and passed unanimously. RESOLUTION NO. 97 -136 Member Peppe introduced the following resolution and moved its adoption: RESOLUTION APPROVING FINAL PLAT/RLS -- PLANNING COMMISSION APPLICATION NO. 97009 The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. RESOLUTION NO. 97-137 Member Peppe introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL • PAYMENT, IMPROVEMENT PROJECT NO. 1993 -18, CONTRACT 1995 -G, PARK AND RIDE, POND, AND 65TH AVENUE REALIGNMENT The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. RESOLUTION NO. 97 -138 Member Peppe introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. LICENSES Mechanical Svstems Larson Mechanical 1509 Coon Rapids Boulevard, Coon Rapids 8/25/97 _?_ DRAFT • Motor Vehicle Dealership Brookdale Metro Mitsubishi 7223 Brooklyn Boulevard Rental Dwelling Initial: Ann Jackson 1329 63rd Lane North Susan Hillsdale 5649 Fremont Avenue North D & J Properties, LLC 5843 Fremont Avenue North Karla Albrecht 7250 West River Road Renewal: Keith Nordby 5960 Brooklyn Boulevard George Shimshock 5900 Colfax Avenue North Gary Radke 5245 Drew Avenue North Leslie Reinhardt 5713 Humboldt Avenue North J. G. Strand 5329 Penn Avenue North Carin Rudolph 5318 Queen Avenue North John and Marlys Pepera 6142 Scott Avenue North Sign Hanger Signcrafters 7775 Main Street NE, Fridley OPEN FORUM Jim Madden, owner of Earle Brown Bowl, spoke on behalf of Celebrity Bowl Charities, Inc., regarding the possible sale of pull -tabs at Earle Brown Bowl. PUBLIC HEARING INTERIM ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE HEALTH SAFETY AND WELFARE OF THE RESIDENTS OF THE CITY. AND REGULATING AND RESTRICTING DEVELOPMENT OF EDUCATIONAL AND RELIGIOUS USES IN CERTAIN COMMERCIAL AND INDUSTRIAL AREAS OF THE CITY This item was first read on July 28, 1997, published in the official newspaper, and is offered this evening for second reading and public hearing. • 8/25/97 _3_ DRAFT City Manager McCauley explained that City staff and the City's Comprehensive Plan Update • Task Force have determined that current land use controls do not adequately address various land use concerns in certain commercial and industrial areas of the City. Among those concerns are that current controls on educational and religious uses in these areas are not adequate to: A) Protect minors from undesirable or dangerous conditions that may exist in commercial or industrial zones including noise, dust, fumes, traffic, and inappropriate social influences; B) Preserve commercial and industrial land for uses which provide more jobs in the community; C) Preserve commercial land for uses which provide convenient services and shopping for residents; D) Preserve commercial land for uses which support other nearby commercial activities by drawing shoppers to the area for multiple -stop shopping activities; E) Provide for placement of uses involving minors in areas of the City which have adequate parks and recreational opportunities to which they have safe and reasonable access; and, • F) Assure that uses in commercial zones are compatible and will not reduce property values of adjacent or nearby properties; impede orderly development or redevelopment; or cause disinvestment, decline in commercial activity, or urban decay and deterioration. Mr. McCauley noted that there is a need for further studies to be conducted so that the City may consider adoption of appropriate amendments to its Comprehensive Plan and zoning code so as to ensure protection of the public health, safety, and welfare. This interim ordinance would protect the planning process and the health, safety, and welfare of the citizens of the City and ensure that the City and its citizens retain the benefits of, and protection sought to be afforded by, the City's Comprehensive Plan and zoning ordinances until such studies are completed, and any modifications to the City's Comprehensive Plan and zoning and land use regulations are effective. A motion by Councilmember Carmody and seconded by Councilmember Peppe to open the public hearing passed unanimously. No public input was offered. 8/25/97 -4- DRAFT A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to close the public hearing passed unanimously. ORDINANCE NO. 97 -11 Member Carmody introduced the following ordinance and moved its adoption: INTERIM ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY, AND WELFARE OF THE RESIDENTS OF THE CITY, AND REGULATING AND RESTRICTING DEVELOPMENT OF EDUCATIONAL AND RELIGIOUS USES IN CERTAIN COMMERCIAL AND INDUSTRIAL AREAS OF THE CITY The motion for the foregoing ordinance was duly seconded by member Lasman and passed unanimously. PLANNING COMMISSION ITEM PLANNING COMMISSION APPLICATION NO 97013 SUBMITTED BY TWIN LAKE PROPERTIES. LLP. REQUESTING SITE AND BUILDING PLAN APPROVAL TO CONSTRUCT UP TO 130 GARAGES AT THE TWIN LAKE MANOR APARTMENTS LOCATED AT THE SOUTHWEST CORNER OF 53RD AVENUE NORTH AND BROOKLYN BOULEVARD Planning and Zoning Specialist Ron Warren explained that Twin Lakes Properties, LLP, was requesting site and building plan approval to construct 13 garage buildings containing ten parking stalls per building on property at the Twin Lake Manor Apartments on 53rd Avenue North. Access to the Twin Lakes Manor Apartments would not be altered, and adequate parking requirements would be met. George Van Vliet, Twin Lakes Manor owner, responded to several Council inquiries about former water drainage problems, landscaping plans, blacktopping plans, and other renovations in the process of being completed at the apartment complex. Much discussion was had regarding whether curb and gutter should be required as part of this site and building plan approval. Councilmember Hilstrom stated for the record that she opposed approval of this item unless at least a condition was added to set a time frame in which curb and gutter must be installed on this site. 8/25/97 -5- DRAFT A motion was made by Councilmember Carmody to approve Planning Commission • Application No. 97013 submitted by Twin Lake Properties, LLP. The motion was seconded by Councilmember Peppe and passed on a vote of Councilmembers Carmody, Lasman, Peppe and Mayor Kragness voting aye; Councilmember Hilstrom voted nay. COUNCIL CONSIDERATION ITEMS RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF GEORGE NERBURN Mayor Kragness expressed recognition of and appreciation for George Nerburn's dedicated public service on the Earle Brown Days Board of Directors and various other civic efforts . associated with Earle Brown Days. RESOLUTION NO. 97 -139 Member Lasman introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF GEORGE NERBURN The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. RESOLUTION AUTHORIZING THE TRANSFER OF SURPLUS FUNDS FROM THE GENERAL FUND TO THE SPECIAL ASSESSMENT CONSTRUCTION FUND AND THE CAPITAL IMPROVEMENTS FUND City Manager McCauley explained that the City Charter provides authority to the Council to make permanent transfers among all funds which may be created, provided that such transfers are consistent with the provisions of relevant covenants, the provision of this charter, or State Statute. The Financial Management Policies of the City contain a formula for determining adequate fund balances for the General Fund. There is now more than $300,000 of surplus funds in the General Fund which is available for transfer to the following funds $200,000 to the Special Assessment Construction Fund to pay for a portion of the 1998 neighborhood street improvements which are to be funded on a citywide basis instead of by special assessments; and, $100,000 to the Capital Improvements Fund to provide an annual ongoing level of effort to fund park and building needs. Councilmember Hilstrom left the Council table at 8:12 p.m. i RESOLUTION NO. 97 -140 8/2/97 -6- DRAFT • Member Carmody introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE TRANSFER OF SURPLUS FUNDS FROM THE GENERAL FUND TO THE SPECIAL ASSESSMENT CONSTRUCTION FUND AND THE CAPITAL IMPROVEMENTS FUND The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed with a vote of Councilmembers Carmody, Lasman, Peppe and Mayor Kragness voting aye; Councilmember Hilstrom abstained. RESOLUTION DETERMINING THE NECESSITY FOR THE ISSUANCE OF GENERAL OBLIGATION BONDS AND CALLING A SPECIAL ELECTION THEREON Councilmember Hilstrom returned to the Council table at 8:14 p.m. City Manager McCauley explained that this bond referendum is proposed to raise $7.9 million in gross bond proceeds for the purpose of constructing a new freestanding police station, removing and reconstructing fire station #1 at 63rd and Brooklyn Boulevard, and remodeling fire station #2 at 65th and Dupont Avenue. This bond issue, if approved by the voters, would provide approximately $7,758,000 in net bond proceeds after issuance costs and underwriting discounts. Taxes for debt service on the bonds would be levied on market value at the same rate across all taxable property and not on tax capacity, as is the case for the general levy. The specific projects proposed are: Police: construct a new police facility of approximately 23,000 square feet including garage space Fire station #1 (63rd and Brooklyn Blvd.): demolish the existing structure and build a new fire facility Fire station 42 (65th and Dupont): remodel for code compliance and energy efficiency and square off the entrance The estimated construction cost for the fire buildings is $3.6 million, and the estimated cost for the police building is $4.3 million. The cost estimate for police does did not include property acquisition, but does include contingencies. Certain aspects of the final design could impact the total cost of furnishing the facility and providing for footings. The Capital Improvement Fund is being recommended as a source of contingency funding should unexpected issues arise during construction above the contingency monies identified in the cost estimate. The Capital Improvement Fund would also be used to cover the difference between net bond proceeds and the final cost of the project since net bond proceeds would be approximately $142,000 less than the estimated cost of the project including contingencies. Sufficient funds are available in the • 8/25/97 -7- saw DRAF Capital Improvement Fund to cover these contingencies. • The City Council is being asked to adopt the resolution calling for a bond referendum on a single question to issue $7.9 million in general obligation bonds to finance the construction to meet the building needs of the police and fire operations. The bonds, if approved, would be paid back over 15 years. Taxes would be levied in 1998 for the debt service on bonds to be issued in late 1997 or early 1998. Seven possible sites were inventoried for a freestanding police facility. Five of these sites would have involved substantial acquisition costs. Advantages and disadvantages of the remaining two sites, the EDA site on Humboldt Avenue North and the site adjacent to City Hall, were noted by Mr. McCauley. Replacement of the displaced liquor store is pending the market study. It is possible to incorporate a new liquor store into the 63rd and Brooklyn Boulevard fire station construction. Bond issue proceeds would not be used for any costs associated with incorporating a liquor store into the plan. Mr. McCauley explained that if the Council proceeds to call for the bond election, the election would be held on the regular November election date for school district board members, November 4, 1997. Councilmember Hilstrom stated that the wording f the bond referendum uestion wasn't g q too clear and that the voters might not understand what they are voting on. City Attorney LeFevere responded by saying this wording was per statute and the broadest range of language use, but limited to police and fire needs, in this case. There would be more limitations with being too specific. Public education on this bond issue is a separate step. RESOLUTION NO. 97-141 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION DETERMINING THE NECESSITY FOR THE ISSUANCE OF GENERAL OBLIGATION BONDS AND CALLING A SPECIAL ELECTION THEREON The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. RESOLUTION AUTHORIZING THE CITY OF BROOKLYN CENTER TO ENTER INTO AN AGREEMENT WITH THE DEPARTMENT OF PUBLIC SAFETY FOR THE LOCAL LAW ENFORCEMENT BLOCK GRANTS PROGRAM • 8/25/97 -8- DRAFT • City Manager McCauley explained that the Department of Public Safety sponsors a Local Law Enforcement Block Grants Program and supplies funding to cities for approved programs. The City of Brooklyn Center has submitted an application requesting funds totaling $28, 048 for the implementation of the Local Law Enforcement Block Grants Program. The grant will be used to purchase capital items not otherwise included in the budget. RESOLUTION NO, 97-142 Member Hilstrom introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE CITY OF BROOKLYN CENTER TO ENTER INTO AN AGREEMENT WITH THE DEPARTMENT OF PUBLIC SAFETY FOR THE LOCAL LAW ENFORCEMENT BLOCK GRANTS PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. RESOLUTION AWARDING A CONTRACT FOR PROFESSIONAL SERVICES• WATER RESOURCES MANAGEMENT PLAN AND WATER QUALITY STUDY LOCAL STORM WATER MANAGEMENT PLAN, PHASE II • City Manager McCauley explained that the City's 1997 Storm Drainage Utility and Capital Improvements Fund budgets included a total of $50,000 for a Water Resources Management Plan and Water Quality Study. A Request for Proposals (RFP) was prepared to search for and select an engineering consultant having the resources, technical expertise, and proven experience to prepare a comprehensive study and report that address many issues, including resource management, capacity needs, water quality issues, assessment and analysis of existing conditions, maintenance strategies, and capital improvement recommendations and opportunities. This report will be used by staff to define future maintenance practices, establish budgets, identify new capital projects or programs, and refine principles and practices guiding the ongoing design of infrastructure improvements such as the annual Neighborhood Street and Utility Improvement Program. The report will also assist in identifying needs and improvements that may relate to and impact redevelopment opportunities, existing maintenance programs, and other related items. RESOLUTION NO. 97 -143 Member Lasman introduced the following resolution and moved its adoption: 8/25/97 -9- DRAFT RESOLUTION AWARDING A CONTRACT FOR PROFESSIONAL SERVICES: WATER • RESOURCES MANAGEMENT PLAN AND WATER QUALITY STUDY, LOCAL STORM WATER MANAGEMENT PLAN, PHASE II The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT IMPROVEMENT PROJECT NO 1997 -15 CONTRACT 1997 -L POOL OZONIZATION SYSTEM City Manager McCauley explained that the 1997 Capital Improvement Fund Budget includes funds for the installation of an ozone disinfection system to the filtration system of the Community Center pool. This resolution would accept the bid and award the contract to U.S. Mechanical, Inc. Mr. McCauley noted that this ozonization system would be of sufficient size to also handle the wading pool in its current location and dimension, but would require a wading pool to have a separate filtration chlorination system. RESOLUTION NO. 97-144 Member Lasman introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT • PROJECT NO. 1997 -15, CONTRACT 1997 -L; POOL OZONIZATION SYSTEM The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. RESOLUTION ORDERING THE ABATEMENT OF PUBLIC NUISANCES AND BUILDING MAINTENANCE AND OTHER ORDINANCE VIOLATIONS WITH RESPECT TO THAT REAL ESTATE LOCATED AT 5912 CAMDEN AVENUE NORTH, BROOKLYN CENTER MINNESOTA LEGALLY DESCRIBED AS LOT TEN (10). BLOCK ONE 1 "CAMDEN ACRES." HE PIN COUNTY MINNESOTA City Manager McCauley explained that this resolution would authorize staff to contract with a private firm to remove and clear all debris, trash, junk vehicles, boats, machinery, etc., from the yard at 5912 Camden Avenue North. This property has been the subject of numerous code enforcement actions in the past, including prosecution. All costs, including staff time and legal expenses, are to be assessed against the property. RESOLUTION NO. 97-145 Member Carmody introduced the following resolution and moved its adoption: • 8/25/97 -10- URAFT RESOLUTION ORDERING THE ABATEMENT OF PUBLIC NUISANCES AND • BUILDING MAINTENANCE AND OTHER ORDINANCE VIOLATIONS WITH RESPECT TO THAT REAL ESTATE LOCATED AT 5912 CAMDEN AVENUE NORTH, BROOKLYN CENTER, MINNESOTA, LEGALLY DESCRIBED AS LOT TEN (10), BLOCK ONE (1), "CAMDEN ACRES," HENNEPIN COUNTY, MINNESOTA The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. ADJOURNMENT A motion by Councilmember Carmody and seconded by Councilmember Lasman to adjourn the meeting at 8:41 p.m. passed unanimously. City Clerk Mayor Recorded and transcribed by: y LeAnn Larson 8/25/97 -11- i 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 SEPTEMBER 8, 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, Assistant City Manager Jane Chambers, Public Services Director Diane Spector, City Attorney Charlie LeFevere, and Council Secretary LeAnn Larson. INVOCATION No invocation was offered. A moment of silence was observed in honor of Mother Teresa. COUNCIL REPORTS Councilmember Lasman reminded everyone about the Random Acts of Kindness promotion. RECOGNITION OF ADVISORY COMMISSIONERS Mayor Kragness presented certificates of appreciation to past Advisory Commissioners: Lee Anderson Financial Commission Donald Booth Planning Commission Charles Forrest Human Rights & Resources Commission Amy Gonyea Housing Commission Naomi Ische Housing Commission Kay Lasman Park & Recreation Commission Robert Mickelson Planning Commission Charlotte Nesseth Human Rights & Resources Commission Rex Newman Housing Commission Dean Nyquist Human Rights & Resources Commission 9/8/97 -1- D RA FT Phyllis Owens Northwest Hennepin Human Services Council Advisory Commission Kathryn Palm Planning Commission Phillip Roche Financial Commission Jill Schendel Park & Recreation Commission APPROVAL OF AGENDA AND CONSENT AGENDA City Manager McCauley asked that item 41. Proclamation Declaring the Week of September 17 through 23, 1997, as Constitution Week, be added to the consent agenda. A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to approve the agenda and consent agenda as amended passed unanimously. APPROVAL OF MINUTES A motion by Councilmember Carmody d seconded b Councilmember Hilstrom to y Y approve minutes of the August 7, 1997 - -Work Session and August 11, 1997 -- Regular Session as printed passed unanimously. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF MEMBERS WHO HAVE SERVED ON CITY ADVISORY COMMISSIONS RESOLUTION NO. 97 -146 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF MEMBERS WHO HAVE SERVED ON CITY ADVISORY COMMISSIONS The motion for the adoption of the foregoing resolution was duly seconded by member Hilstrom and passed unanimously. RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS IMPROVEMENT PROJECT NO 1997 -14 CONTRACT 1997 -M. WATER UTILITY ENERGY CONSERVATION MEASURES RESOLUTION NO. 97 -147 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 1997 -14, CONTRACT 9/8/97 _�_ DRAFT 1997 -M, WATER UTILITY ENERGY CONSERVATION MEASURES The motion for the adoption of the foregoing resolution was duly seconded by member Hilstrom and passed unanimously. RESOLUTION ACCEPTING BID AND AUTHORIZING THE PURCHASE OF ONE TRACKLESS SIDEWALK SNOWPLOW RESOLUTION NO. 97 -148 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AUTHORIZING THE PURCHASE OF ONE TRACKLESS SIDEWALK SNOWPLOW The motion for the adoption of the foregoing resolution was duly seconded by member Hilstrom and passed unanimously. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 97 -149 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES The motion for the adoption of the foregoing resolution was duly seconded by member Hilstrom and passed unanimously. RESOLUTION TO AMEND THE SECTION 457 EMPLOYEE DEFERRED COMPENSATION PLAN RESOLUTION NO. 97 -150 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION TO AMEND THE SECTION 457 EMPLOYEE DEFERRED COMPENSATION PLAN The motion for the adoption of the foregoing resolution was duly seconded by member Hilstrom and passed unanimously. 9/8/9 7 DRAFT RESOLUTION A THORIZING THE MAYOR AND CITY MANAGER TO EXECUTE ADDENDUM TO THE CONTRACT FOR LAW ENFORCEMENT LABOR SERVICES (LELS) AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEARS 1997 AND 1998 RESOLUTION NO. 97-151 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE ADDENDUM TO THE CONTRACT FOR LAW ENFORCEMENT LABOR SERVICES (LELS) AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEARS 1997 AND 1998 The motion for the adoption of the foregoing resolution was duly seconded by member Hilstrom and passed unanimously. LICENSES Amusement Devices - Operator Yun's Restaurant D.B.A. Denny's 6405 James Circle North Amusement Devices - Vendor Metro Coin, Inc. 9903 Valley View Road, Eden Prairie Mechanical Systems A -ABC Appliance and Heating 2638 Lyndale Avenue South, Minneapolis Countryside Heating and Cooling 6511 Highway 12, Maple Plain Modern Heating and Air Conditioning 2318 1 st Street NE, Minneapolis Rental Dwellings Renewal: Robert Messersmith 2309 54th Avenue North Ralph Johnson 5444 Bryant Avenue North Casmir Stachowski 5329 Queen Avenue North Robert Messersmith 5338 -5340 Queen Avenue North Taxicabs Triad Transportation, Inc. D.B.A. Town Taxi, Cab No. 105 70005 7th Avenue North, Crystal 9/8/97 -4- • DRAFT PROCLAMATION DECLARING THE WEEK OF SEPTEMBER 17 THROUGH 23, 1997, • AS CONSTITUTION WEEK A motion was made by Councilmember Carmody to declare the week of September 17 -23 as Constitution Week. The motion was seconded by Councilmember Hilstrom and passed unanimously. OPEN FORUM There were no requests for open forum. PUBLIC HEARINGS PUBLIC HEARING REGARDING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 1997 -01 AND 02 CONTRACT 1997 -E ORCHARD LANE WEST STREET AND STORM DRAINAGE IMPROVEMENTS Director of Public Services Diane Spector outlined the recommended procedure for the special assessment public hearings. The first resolution certifies special assessments for street and storm drainage improvements for Improvement Project Nos. 1997 -01 and 02, Contract 1997 -E, Orchard Lane West to the Hennepin County tax rolls. The second resolution provides for the deletion of certain special assessments from Levy Nos. 14050 and 14051. The City's Special Assessment Policy allows property owners whose property fronts on two streets (for example, a corner lot) to choose the street improvement for which they wish to be assessed. The last resolution amends the respective levy rolls to provide for the deferment of special assessments for persons 65 years of age or older or who are retired due to total and permanent disability and meet certain income guidelines. The street improvement residential rate is $2,000 per property. The nonresidential rate is $0.25 per square foot. The storm drainage improvement residential rate is $625 per property. The nonresidential rate is $0.13 per square foot. A motion by Councilmember Carmody and seconded by Councilmember Peppe to open the public hearing passed unanimously. Ms. Faye Bombeck, 5200 66th Avenue North, spoke regarding the length of time of the project 9/8/97 -5- DRAFT and also regarding the number of manholes. She also stated that the park is a mess and unsafe • for children to play in and asked that it be restored to its original condition. Vivian Cloutier, 5318 62nd Avenue North, and the Swanson's, 6213 Unity Avenue North, expressed concerns with the project contractor having noisy equipment, leaving a mess, and starting their equipment too early in the morning. Ms. Spector and staff have spoken with Thomas and Sons about this issue before and will contact them again. City Attorney LeFevere stated that determining monetary damage for a breach of contract may be difficult to quantify. He will review the City's contract with Thomas and Sons. Councilmember Hilstrom asked that future project contracts address these issues. She also requested that possible citation of the contractor for noise ordinance violations be implemented. A motion by Councilmember Carmody and seconded by Councilmember Lasman to close the public hearing passed unanimously. RESOLUTION NO. 97 -152 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 1997 -01 AND 02, CONTRACT 1997 -E, ORCHARD LANE WEST STREET AND STORM DRAINAGE IMPROVEMENTS, TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. RESOLUTION NO. 97 -153 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR THE DELETION OF CERTAIN SPECIAL ASSESSMENTS FROM LEVY NOS. 14050 AND 14051 The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. RESOLUTION NO. 97 -154 Member Carmody introduced the following resolution and moved its adoption: • 9/8/97 -6- DRAFT • RESOLUTION AMENDING SPECIAL ASSESSMENT LEVY ROLL NOS. 14050 AND 14051 TO PROVIDE FOR THE DEFERMENT OF SPECIAL ASSESSMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. PUBLIC HEARING REGARDING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS 1997 -04 AND 05 CONTRACT 1997-F. FRANCE AVENUE 69TH AVENUE TO NORTH CITY LIMITS STREET AND STORM DRAINAGE IMPROVEMENTS Ms. Spector explained the two resolutions for Council consideration: The first resolution certifies special assessments for street and storm drainage improvements for Improvement Project Nos. 1997 -04 and 05, Contract 1997 -F, France Avenue, 69th Avenue to North City Limits to the Hennepin County tax rolls. The second resolution amends the respective levy rolls to provide for the deferment of special assessments for persons 65 years of age or older or who are retired due to total and permanent disability and meet certain income guidelines. The street improvement residential rate is $2,000 per property. The nonresidential rate is $0.25 per square foot. The storm drainage improvement residential rate is $625 per property. The nonresidential rate is $0.13 per square foot. A motion by Councilmember Carmody and seconded by Councilmember Lasman to open the public hearing passed unanimously. No public input was offered. A motion by Councilmember Carmody and seconded by Councilmember Lasman to close the public hearing passed unanimously. RESOLUTION NO. 97 -155 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FORIMPROVEMENT PROJECT NOS. 1997 -04 AND 05, CONTRACT 1997 -F, FRANCE AVENUE, 69TH AVENUE TO NORTH CITY LIMITS, STREET AND STORM DRAINAGE IMPROVEMENTS, TO THE HENNEPIN COUNTY TAX ROLLS • 9/8/97 -7- DRAFT The motion for the adoption of the foregoing resolution was duly seconded by member Peppe • and passed unanimously. RESOLUTION NO 97 -156 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION AMENDING SPECIAL ASSESSMENT LEVY ROLL NOS. 14052 AND 14053 TO PROVIDE FOR THE DEFERMENT OF SPECIAL ASSESSMENTS The motion for the adoption of the foregoing resolution was dui P g g y seconded by member Peppe and passed unanimously. PUBLIC HEARING REGARDING SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS DELINQUENT WEED REMOVAL COSTS. PUBLIC UTILITY HOOKUP CHARGES AND DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS A motion by Councilmember Hilstrom and seconded by Councilmember Lasman to open the public hearing passed unanimously. No public input was offered. A motion by Councilmember Hilstrom and seconded by Councilmember Lasman to close the public hearing passed unanimously. RESOLUTION NO. 97-157 Member Hilstrom introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. RESOLUTION NO. 97 -158 Member Hilstrom introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT WEED REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Lasman is 9/8/9 i i DRAFT and passed unanimously. RESOLUTION NO. 97-159 Member Hilstrom introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENT FOR PUBLIC UTILITY HOOKUP CHARGES TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. RESOLUTION NO. 97 -160 Member Hilstrom introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. PRIVATE KENNEL LICENSE APPLICATION SUBMITTED BY DANIEL KITCHIN, 5601 LOGAN AVENUE NORTH City Attorney LeFevere outlined the action leading to Mr. Kitchin's appeal of his private kennel license denial. Chapter 1 of the Brooklyn Center Ordinances requires the licensing of all private kennels, defined as any premise zoned or used for R1 and R2 purposes, as defined in the Brooklyn Center City Ordinances, on which three or more dogs or four or more cats six months old or older are kept or harbored as pets and not for selling, boarding, showing, treating, grooming, or other commercial purposes. The City Manager had denied the application for a private kennel license for Mr. Kitchin. Mr. Kitchin then requested a hearing before the City Council to show cause why the decision should be changed. A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to open the public hearing passed unanimously. Herb Davis, attorney -at -law, spoke on behalf of Mr. Kitchin. He spoke at length regarding Mr. Kitchin's situation with rental of his home and the City's code compliance requirements. He explained that this information was relevant to the City Council issuing a private kennel license for Mr. Kitchin. With regard to the private kennel license, he stated that none of the reports 9/8/97 -9- DRAFT received from neighbors requested the license be denied and the police report did not indicate any dog complaints. Councilmember Hilstrom indicated she had been to Mr. Kitchin's property and noticed a "For Sale" sign. Mr. Davis confirmed that Mr. Kitchin's house is for sale. City Manager McCauley explained that he based his denial of the license on the inspection report which indicated the backyard was all dirt, the inside of the house smelled of wet dog, and the fact that the five dogs are large. This led to his conclusion that it would have an adverse affect on the health, safety, and welfare of the residents. Mayor Kragness explained that the City Ordinances are in place for the betterment of the City as a whole, and asked what Mr. Kitchin expects of the City Council. Mr. Davis said that Mr. Kitchin is asking the Council to allow him to keep his dogs until he sells his house. Mr. Kitchin indicated his intent is to sell his home and move out of Brooklyn Center. Councilmember Peppe recommended that Mr. Kitchin be given 60 days in which to rectify his situation with his excess dogs even if he hasn't sold his house in that time. There was a motion by Councilmember Peppe and seconded by Councilmember Lasman to grant Mr. Kitchin a 60 -day extension to rectify his situation with his excess dogs even if he hadn't sold his house in that time. Mayor Kragness requested clarification on the motion. City Attorney LeFevere explained that the motion on the table puts the applicant in the position of continuing to operate a private kennel without a license. He suggested continuing this issue for 60 days so that the applicant has an application pending, staff has a basis not to prosecute because a license is pending, yet the Council has not granted a license. In 60 days the license could be brought back for Council consideration. Councilmember Peppe withdrew his previous motion. A motion was made by Councilmember Hilstrom to table this issue for 60 days and if at that time there is still an unresolved situation, then it be brought back to the Council. The motion was seconded by Councilmember Peppe and passed unanimously. AN ORDINANCE AMENDING CHAPTERS 11 AND 23 OF THE CITY ORDINANCES RELATING TO THE SALE OF PULL -TABS This item was first read on August 11, 1997, published in the official newspaper on August 20, 9/8/97 -10- DRAFT • 1997, and is offered for a second reading and public hearing. City Manager McCauley explained that this ordinance amends Chapters 11 and 23 of the City Ordinances to delete language referring to the majority of pull -tab proceeds being contributed to the City of Brooklyn Center, and to delete language allowing only one charitable organization on a licensed premise. Section 23 -1902 would be amended to include language regarding all expenditures for lawful purposes be expended within the City's trade area. The City's trade area is defined as the cities of Brooklyn Center, Brooklyn Park, Minneapolis, Crystal, Robbinsdale, and Fridley. Councilmember Lasman asked if the City Ordinance can be more restrictive than State Statutes with regard to the trade area. City Attorney LeFevere responded that the City Ordinance can be more restrictive regarding pull -tabs in some areas; however, with regard to the trade area the Statute is very clear that the proceeds must be expended within the trade area. The draft ordinance amendment is as strict as the law allows; however, the Council can loosen it up by 1) defining a larger trade area; 2) limiting the percentage which can be spent in the trade area; or 3) deleting all limitations on the expenditures of the lawful proceeds. A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to open the public hearing passed unanimously. Jim Madden, owner of Earle Brown Bowl, and John Russell, resident at 5312 North Lilac Drive, requested that the ordinance remain the same with regard to the percentage of expenditures being expended only in Brooklyn Center. With regard to the number of charitable organizations allowed on a licensed premise, they agreed with the ordinance amendment. City Manager McCauley explained that the amendment to Section 23 -1902 regarding the percentage of expenditures is being amended simply to come into compliance with State Statutes and is a separate issue than the amendment to Section 11 -717 with regard to the number of charitable organizations on a licensed premise. City Attorney LeFevere explained that State law does not allow for a City Ordinance to require a percentage of the gambling proceeds to be expended in the city. Mr. Russell said he spoke to the Gambling Control Board and was informed the City can pass more stringent ordinances. City Attorney LeFevere reviewed Minnesota State Statutes Section 349.213, subd. 1(a), (b), and (c). 9/8/97 -11- D RAFT Mr. Russell asked if more stringent restrictions can be placed on the ordinance. City Attorney LeFevere responded they can only subject to more specific limitations imposed by the State. • He further explained that a charitable organization can choose to spend its expenditures however it wants, such as if they want to spend 100% in Brooklyn Center. Gene Glorvigen, CEO of Celebrity Bowl Charities, explained that the ordinance amendment restricts the charitable organizations from donating outside the trade area, such as a State function being held out of the trade area. City Manager McCauley suggested the Council adopt Section 1 of the ordinance amendment, delete Section 2, and further discuss Section 2 and bring it back to a future Council meeting. Councilmember Peppe left the Council table at 8:43 p.m. and returned at 8:45 p.m. Tim Martenson, Brooklyn Center Fire Relief Association, 6925 Quail Avenue North, said the City ordinance is in violation of the State law and said the Relief Association has donated at least 90% of its money in Brooklyn Center. He asked if the requirement in the ordinance of three years existence in Brooklyn Center to sell pull -tabs will be changed. City Manager McCauley responded that there is no recommendation to change the ordinance. The license application would be reviewed for compliance with the ordinance. Mr. Glorvigen asked how the City would determine the three years existence in Brooklyn Center. He said Celebrity Bowl Charities is registered with the State of Minnesota. City Attorney LeFevere explained that it does not relate to the establishment where you would sell the pull -tabs, it relates to the charitable organization being in existence in Brooklyn Center for three years. It would have to be reviewed on a case -by -case basis to determine if the applicant meets the requirements. Councilmember Carmody requested staff to review Section 11 -717.1 with regard to a charitable nonprofit organization being in existence in Brooklyn Center for three years and to review the trade area and percentage of expenditures. Councilmember Hilstrom made a motion to table this matter to a future Council meeting so that staff can bring back more information on the amendment to Section 11 -717.1 and 23- 1902.3. The motion was seconded by Councilmember Lasman and passed unanimously. The Council recessed at 8:55 p.m. The Council reconvened at 9:09 p.m. 9/8/97 -12- DRAFT • AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING BUILDINGS IN R1 AND R2 DISTRICTS This ordinance was first read on August 11, 1997, published in the official newspaper on August 20, 1997, and is offered for a second reading and public hearing. City Manager McCauley explained that the recommended ordinance amendment consolidates all accessory building regulations into one section of the zoning ordinance, that being section 35 -530, dealing with buildings in the R -1 and R -2 districts. The recommended ordinance amendment also eliminates the 1,000 square foot limitation on the size of a single accessory building and prohibits sanitary sewer hookups to accessory buildings in these zoning districts. The Planning Commission continues to recommend that there be no more than two accessory buildings per residential premises and that the total ground coverage of an accessory building or buildings not exceed the ground coverage of the principal building on the premises. A motion was made by Councilmember Carmody to open the public hearing The motion was seconded by Councilmember Lasman and passed unanimously. No public input was offered. A motion was made by Councilmember Carmody to close the public hearing The motion was seconded by Councilmember Lasman and passed unanimously. ORDINANCE NO. 97-12 Member Carmody introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING BUILDINGS IN RI AND R2 DISTRICTS The motion for the foregoing ordinance was duly seconded by member Lasman and passed unanimously. AN ORDINANCE REPEALING CHAPTER 17 IN ITS ENTIRETY, OF THE CITY ORDINANCES REGARDING PERSONNEL This item was first read on August 11, 1997, published in the official newspaper on August 20, 1997, and is offered for a second reading and public hearing. City Manager McCauley explained that this proposal would streamline the City's personnel policies by removing them from the City Ordinances and adopting them by resolution for easier modification and to save publication costs associated with ordinances when changes are made to the personnel policy either to comply with changes in federal or state law or to make our 9/8/97 -13- DRAFT policies more effective or relevant. • A motion was made by Councilmember Carmody to open the public hearing. The motion was seconded by Councilmember Lasman and passed unanimously. No public input was offered. A motion was made by Councilmember Carmody to close the public hearing. The motion was seconded by Councilmember Lasman and passed unanimously. ORDINANCE NO 97 -13 Member Carmody introduced the following ordinance and moved its adoption: AN ORDINANCE REPEALING CHAPTER 17, IN ITS ENTIRETY, OF THE CITY ORDINANCES REGARDING PERSONNEL The motion for the foregoing ordinance was duly seconded by member Peppe and passed unanimously. RESOLUTION NO, 97 -161 Member Carmody introduced the following resolution and moved its adoption: S RESOLUTION ADOPTING PERSONNEL RULES AND REGULATIONS The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. COUNCIL CONSIDERATION ITEMS 1998 PRELIMINARY BUDGET AND PROPERTY TAX LEVY REPORT City Manager McCauley explained that the Council was being asked to approve a preliminary 1998 real estate tax levy and a preliminary 1998 budget. State law requires the adoption of these two items at the beginning of September. Along with the preliminary levy and budget, state law also directs that the Council set the truth in taxation and continuation hearing (if needed) dates. The recommended dates for the truth in taxation hearing and continuation hearing dates are Wednesday, December 3, 1997, for truth in taxation, and Thursday, December 11, 1997, for the continuation hearing. This budget is preliminary in that it represents the starting point for City Council revision and review as the budgets continue their evolution. The budget will be modified to incorporate the 9/8/97 -14- UKAFT • goals established by the City Council. The preliminary levy establishes the maximum real estate tax levy that may finally be adopted after the truth in taxation hearing. That preliminary levy may be reduced but may not be increased after the September preliminary levy adoption. This amount will be included in the truth in taxation hearing notices sent to property owners. The relimin p ary budget and le do not reflect an impact of the referendum on the g v3' Y P police and fire building needs. The levy for 1998 would be increased if the referendum passed. This increase in the levy is only for debt service on the bonds for the project and is not required to be included in the September preliminary levy. The preliminary levy and its corresponding limit to an amount no greater than that adopted in September relates to the general operating budget and debt service for previously issued bonds. The relimin le would increase the real estate taxes b the i P as3' levy C Economic Development ' Y City, merit P Authority, and Housing and Redevelopment Authority tY g o b a total of 2.35 P tY Y percent above the P gross levy for 1997. City Manager McCauley displayed several overhead transparencies noting the figures for the total tax le debt service requirements, levy, q merits, and general fund revenue J ro' ections. P RESOLUTION NO. 97 -162 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION TO ADOPT THE 1998 PRELIMINARY BUDGET The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. RESOLUTION NO. 97 -163 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION TO AUTHORIZE A PRELIMINARY TAX LEVY FOR 1998 APPROPRIATIONS FOR THE GENERAL FUND, THE STREET IMPROVEMENT DEBT SERVICE FUNDS, THE EDA FUND, AND THE HRA FUND BUDGETS The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. 9/8/97 -15- DRAFT RESOLUTION NO. 97 -164 • Member Carmody introduced the following resolution and moved its adoption: RESOLUTION APPROVING A PRELIMINARY TAX CAPACITY LEVY FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATION, PROVIDING INFORMATIONAL SERVICE, AND RELOCATION ASSISTANCE PURSUANT TO THE PROVISIONS OF MSA 469.001 THROUGH 469.047 OF THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER FOR THE YEAR 1998 The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. RESOLUTION NO. 97 -165 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION SETTING DATES FOR TRUTH IN TAXATION PUBLIC HEARINGS AND A REGULAR DECEMBER CITY COUNCIL MEETING The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. • REPORT ON BROOKDALE AND POND GRANT City Manager McCauley reported that the City has been advised there is a signed purchase agreement for the sale of Brookdale with an anticipated closing in November. The ponding grant that was achieved through the work of Speaker Carruthers, Senator Scheid, and Representative Carlson is going forward with the Department of Trade and Economic Development (DTED). A draft agreement has been received from DTED for the disbursal of the funds to create the regional pond. The Director of Public Services has been working with the City of Minneapolis to develop an agreement for the construction of the pond for the portion that would be constructed in the City of Minneapolis and its operation. Hopefully, this will come back at the next City Council meeting for approval so the City can move forward on the construction. 9/8/97 • -16- 20 ' U AFT ADJOURNMENT A motion by Councilmember Carmody and seconded by Councilmember Lasman to adjourn the meeting at 9:28 p.m. passed unanimously. City Clerk Mayor Recorded and transcribed by: LeAnn Larson • • 9/8/97 -17- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL AND PLANNING COMMISSION • OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA JOINT SESSION SEPTEMBER 11, 1997 CITY HALL CALL TO ORDER The City Council and Planning Commission met in a joint meeting convened by Mayor pro tem Carmody at 7:30 p.m. ROLL CALL Councilmembers Kathleen Carmody, Debra Hilstrom, and Kay Lasman; Planning Commission Chair Tim Willson, Commissioners Stephen Erdmann, Rex Newman, and Brian Walker. Also present were City Manager Michael, J. McCauley, Director of Community Development Brad Hoffman, Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Arlene Bergfalk. Mayor Kragness and Commissioners Boeck, Holmes, and Reem were excused. • APPROVAL OF PLANNING COMMISSION MINUTES - AUGUST 14 1997 There was a motion by Commissioner Newman and seconded by Commissioner Erdmann to approve the minutes of the Planning Commission meeting of August 14, 1997, as submitted. The motion passed with Commissioner Newman abstaining from the vote. Planning Commission Chair Willson welcomed the Councilmembers to the meeting and noted it is beneficial for the two groups to discuss City issues together. ORDINANCE TO ESTABLISH MORATORIUM ON DEVELOPMENT OF EDUCATIONAL AND RELIGIOUS USES IN CERTAIN COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS Planning and Zoning Specialist Warren reviewed the background to the Council's recent adoption of an ordinance establishing a 12 -month moratorium on development of certain uses in the City's commercial and industrial area. The Council took such action after determining that the existing land use controls did not adequately address various land use Q y concerns in this area. He used an overhead transparency of a map to describe the C 1 a, C2, I1, and PUD districts affected by the ordinance. The moratorium will provide a "time out" period for further study to consider appropriate amendments to the Comprehensive Plan and zoning code to protect the planning process and the health, safety, and welfare of City residents. Mr. Warren stated that these issues will be considered • by the Planning Commission prior to Council discussion and action and may be included in the 9/11/97 -1- DRA Comprehensive Plan update. City Manager McCauley further explained that it is crucial to methodically consider where certain • types of growth/redevelopment should be encouraged in the City's industrial/commercial complex, to clearly define land use, determine appropriate utilization and the effect on the City's tax base. He described several possible scenarios of educational uses in the zoning district. Following an open discussion, it was agreed that staff will develop and provide information and materials as a starting point for an extensive discussion of this issue, at the Planning Commission level, over the next several months. During the discussion, Pastor Judy Fornara, representing the Spiritual Life Church, spoke about the Church's current construction plans at Shingle Creek Parkway and Xerxes Avenue North and future plans for expansion of programs. She was assured that the moratorium ordinance will not affect the church's Planning Commission Application No. 97006, previously approved by the Council. COMPREHENSIVE PLAN UPDATE Mr. Warren reviewed the status of the Comprehensive Plan update. He explained the document is in administrative review and will be forwarded to the Metropolitan Council in substantially the same form as presented at the final Task Force meeting held on August 19, 1997. Following the Met Council's review of the document from a regional viewpoint, the Planning Commission will conduct a public hearing and make a recommendation to the City Council for final action by year -end. Mr. Warren indicated that statements on several issues including Brooklyn Boulevard, shoreland management ordinances, and certain lot sizes, may. need to be added to the Plan update. The • document will also be sent to neighboring communities and other entities for their comment. The Council members and Commission members agreed the Task Force established to review and update the Comprehensive Plan performed admirably. Chair Willson stated that the public members added a worthwhile perspective to the discussions. Councilmember Carmody expressed appreciation to the Planning Commissioners and task force members for their time and effort to update the City's Comprehensive Plan. Councilmember Hilstrom noted that now is the time that the City should be looking at the needs it has which might be funded through the State Legislature. She pointed out that these funding requests are now being compiled by Legislators and that the City should carefully prioritize its requests for possible submission. ADJOURNMENT The meeting adjourned at 8:55 p.m. City Clerk Mayor . 9/11/97 _�_ MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA SPECIAL SESSION SEPTEMBER 22, 1997 CITY HALL CALL TO ORDE }Z The Brooklyn Center City Council met in special session and was called to order by Mayor Myrna Kragness at 6 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Debra Hilstrom, Kay Lasman, and Robert Peppe. Also present: City Manager Michael J. McCauley and Council Secretary LeAnn Larson. CITY MANAGER EVALUATION Mayor Kragness and Council Members met to perform City Manager McCauley 's annual evaluation. A short form evaluation was conducted whereby several major performance areas were discussed: I) City Council Goals Has the City Manager worked to implement and facilitate adopted City Council goals? Council consensus was that Mr. McCauley has worked hard to help the Council achieve goals already established and establish new goals. 2) Administrative Support for City Council Has the City Manager provided the City Council with background and other information to allow the Council to make informed decisions? Has the City Manager assisted the City Council in clarifying complex issues and understanding administrative, legal, and procedural requirements? Council consensus was that this was a strong point of Mr. McCauley's. He has provided updates to the Council often and kept the Council abreast of all issues. The Council stated that they feel they are an informed Council 9/22/97 -1- DRAFT 3) Chief Administrative Officer Duties Has the City Manager provided administrative oversight and direction in the following areas--city fiscal affairs (budget, expenditures), • city operations, city projects, and city enterprise operations? Council consensus was that the City has made major strides in these important areas, although there may be room for improvement in establishing projections and time frames in relation to capital improvements and enterprise operations. P P rP P 4) Community Issues Has the City Manager worked effectively with other governmental bodies (legislature, school districts, etc.) and responded to citizen service needs? Council consensus was that Mr. McCauley represents the City in a responsible, professional manner. ' lure aid shoo"' . positive The � Council consensus was to increase Mr. McCauley's salary, effective 1998, from $81,000 to $85,000 annually, with an increase in monthly car allowance from $250 to $300. ADJOURNMENT A motion by Councilmember Hilstrom and seconded by Councilmember Peppe to adjourn the meeting at 6:50 p.m. passed unanimously. . City Clerk Mayor Recorded and transcribed by: LeAnn Larson 9/22/97 _�_ I F1 A 1�2 • 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 SEPTEMBER 22, 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 Kra ness Councilmembers Kathleen Carmody, Debra Hilstrom Ka _ Y Y g � Y> Y Lasman and Robert Peppe. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, Public Services Director Diane Spector, City Attorney Charlie LeFevere, and Council Secretary LeAnn Larson. • INVOCATION A moment of silence was observed. COUNCIL REPORTS Councilmember Carmody reported her recent attendance of an Association of Rental Management meeting and a Human Rights and Resources Commission meeting. Councilmember Lasman reported her recent attendance of a Hous Commission meeti and p g g noted the Random Acts of Kindness program presently being conducted. APPROVAL OF AGENDA AND CONSENT AGENDA City Manager McCauley requested that item 5.g. Proclamation Declaring October 5 -11, 1997, to be Cities Week, be added to the consent agenda. A motion by Councilmember Carmody and seconded by Councilmember Lasman to approve the agenda and amended consent agenda as printed passed unanimously. • 9/22/97 -1- DRAFT APPROVAL OF MINUTES • A motion by Councilmember Carmody and seconded by Councilmember Lasman to approve minutes of the August 25, 1997 -- Special Session and August 26, 1997 -- Budget Work Session as printed passed unanimously. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 97-166 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. RESOLUTION AUTHORIZING EXECUTION OF A SUB -GRANT AGREEMENT WITH THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY FOR DISASTER RELIEF « • RESOLUTION NO. 97 -167 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF A SUB -GRANT AGREEMENT WITH THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY FOR DISASTER RELIEF The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. RESOLUTION APPROVING THE EMERGENCY REPLACEMENT OF THE COLD STORAGE BUILDING ROOF ESTABLISHING IMPROVEMENT PROJECT NO. 1997-18., AND AUTHORIZING ADVERTISEMENT FOR BIDS RESOLUTION NO. 97-168 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION APPROVING THE EMERGENCY REPLACEMENT OF THE COLD STORAGE BUILDING ROOF, ESTABLISHING IMPROVEMENT PROJECT NO. 1997 -18, AND AUTHORIZING VERTISEMENT FOR BIDS 9/22/97 -2- • DRAFT The motion for the adoption of the foregoing resolution was duly seconded by member Lasman • and passed unanimously. RENEWAL APPLICATIONS FOR MINNESOTA LAWFUL GAMBLING LICENSE (PULL TAB BOOTHS) FOR BROOKLYN CENTER LIONS CLUB RESOLUTION NO. 97 -169 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING ISSUANCE OF A LAWFUL GAMBLING LICENSE (RENEWAL) TO THE BROOKLYN CENTER LIONS CLUB TO OPERATE A PULL -TAB BOOTH AT THE EARLE BROWN BOWL The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. RESOLUTION NO. 97-170 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING ISSUANCE OF A LAWFUL GAMBLING LICENSE • (RENEWAL) TO THE BROOKLYN CENTER LIONS CLUB TO OPERATE A PULL -TAB BOOTH AT THE LYNBROOK BOWL The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. LICENSES Commercial Kennel Brooklyn Pet Hospital 4902 France Avenue North Mechanical Systems D. J.'s Heating & Air Conditioning 6060 La Beaux Avenue NE, Albertville Practical Systems 14226 Norden Drive, Rogers Rental Dwellings Renewal: George and Ethel Jean McMullen 2401 -03 54th Avenue North Tobacco Related Products Value Food Market 6804 Humboldt Avenue North • 9/22/97 -3- DRAFT PROCLAMATION DECLARING OCTOBER 5-11,1997, TO BE CITIES WEEK • A motion was made by Councilmember Carmody to declare October 5 -11, 1997, to be Cities Week. The motion was seconded by Councilmember Lasman and passed unanimously. OPEN FORUM There were no requests for open forum. COUNCIL CONSIDERATION ITEMS AN ORDINANCE AMENDING CHAPTER 6 OF THE CITY ORDINANCES REGARDING THE ADMINISTRATIVE CODE City Manager McCauley explained that this ordinance amendment would enact changes in the department structure of the City's organization, as recently discussed at a Council work session. The proposal would organize recreation, buildings and maintenance, and the golf course into one department, separate from the Public Services department in which these activities now take place. In order to proceed with finalizing the re- organization plan and recruitment of a department head for the new department, revision of the City's Administrative Code, Chapter 6, is • necessary. A motion was made by Councilmember Carmody to approve the first reading of the ordinance and set October 14, 1997, for public hearing and second reading. The motion was seconded by Councilmember Peppe and passed unanimously. AGREEMENTS AND APPROVING PLANS AND SPECIFICATIONS City Manager McCauley explained that the first resolution would authorize the execution of a proposed draft grant agreement between the State of Minnesota Department of Trade and Economic Development (DIED) and the City of Brooklyn Center to receive grant monies, as authorized by Minnesota Laws. These grant monies were obtained for the purpose of constructing a regional storm water treatment pond system. This pond system would facilitate the redevelopment and economic development. in and around the Brookdale regional shopping center. The second resolution authorizes the execution of a Cooperative Agreement with the City of Minneapolis regarding the construction of the Shingle Creek Regional Pond, the sharing of costs, and sharing of grant funds. Brooklyn Center agrees to construct the Centerbrook ponds, and Minneapolis agrees to construct the regional pond. Both cities agree to interconnect the p g g P g 9/22/97 • -4- DRAFT two projects to result in an overall retention and treatment system. Brooklyn e re Center will pay ' • the full cost of the Centerbrook ponds. The two cit ies will share the costs o construction in a proportion equal to the contribution of storm water into the system. Minneapolis will pay the full costs of the amenities to be constructed with the regional pond (trails, open space landscaping, . Also, the $100,000 Water Quality Initiative grant . etc.) of the regional pond will be applied toward the obtained by Minneapolis for the. construction g lied construction of the regional pond. The $2,000,000 grant from DTED will be app proportionately across all the costs of constructing the two projects. The consulting firm of SEH, Inc., has completed plans and specifications for the engineering northern portion of the Shingle Creek Regional Pond project. The third resolution au thorizes advertising for bids for the construction work in Brooklyn Center. Councilmember Peppe inquired if the City of Minneapolis had approved this agr eement. clarification if Manager McCauley responded affirmatively. Councilmember Hi str requested City Council. ion 't was approved by the Minneapolis ' staff had a i pp if Minneapolis s approved it or if McCauley lis City Council had approved the agreement. t that Minnea o Y advised P RESOLUTION N0.97 -171 Member Carmody introduced the following resolution and moved its adoption: • RESOLUTION AUTHORIZING EXECUTION OF GRANT AGREEMENT #SPAP -97 -0004- P -FY99 The mo tion for the adoption tion of the foregoing resolution was duly seconded by member Peppe and passed unanimously. SOLUTION N0.97 -1 M ember Carmody introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE EXECUTION OF A COOPERATIVE AGREEMENT WITH THE CITY OF MINNEAPOLIS REGARDING THE COT S T A R ACT O SHARING THE SHINGLE CREEK REGIONAL POND, THE SHARING OF COS , OF GRANT FUNDS The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. • 9/22/97 -5- DRAFT RESOLUTION NO. 97 -173 • Member Carmody introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 1997 -17, CONTRACT 1997 -N, SHINGLE CREEK REGIONAL POND The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. RESOLUTION AUTHORIZING EXECUTION OF COOPERATIVE AGREEMENT WITH THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY City Manager McCauley explained that the police department has been notified that the C.O.P.'s overtime grant application was accepted for funding by the State of Minnesota. This grant allows the police department to work overtime details in the vicinity of 67th and Humboldt Avenues. These will be concentrated patrols and surveillance details in a collaborative effort involving area apartment managers. RESOLUTION NO. 97-174 Member Lasman introduced the following resolution and moved its adoption: • RESOLUTION AUTHORIZING EXECUTION OF COOPERATIVE AGREEMENT WITH- THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. RESOLUTION ELECTING TO CONTINUE PARTICIPATION IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT FOR CALENDAR YEAR 1998 City Manager McCauley explained that each year the City Council is required to elect whether it will continue participation and cooperation in the Metropolitan Livable Communities efforts. He explained that if the City does not participate in the program, then the City would not be eligible to apply for certain grants. Brooklyn Center has met its current goals for Livable Communities. Councilmember Hilstrom asked if there is a downside to continuing participation. 9/22/97 -6- • Mr. McCauley said that each year the City Council reviews the program, and if the Met Council • were to change the targets and the changed targets were not consistent with the Council's future development of the City, then the City would have to look at opting out. At this point the City is not in that position, and the Council would have to evaluate what the implications would be if they opted out. Since the City is in compliance, the only downside would be if the City didn't agree to participate. RESOLUTION 7- 0 UTION NO. 9 175 Member Hilstrom introduced the following resolution and moved its adoption: RESOLUTION ELECTING TO CONTINUE PARTICIPATION IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT FOR CALENDAR YEAR 1998 The h motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. RESOLUTION AMENDING CITY COUNCIL HANDBOOK REGARDING ORDER OF BUSINESS City Manager McCauley explained that this resolution amends the City Council Handbook to • implement the Council's suggestion that the Order of Business be amended. The proposed change facilitates the Council's goal of providing for a more informal and, thus, more accessible opportunity for citizens to discuss issues and concerns with the Council. The proposed Order of Business would have the Council meeting in an informal format prior to meeting to take up the formal items on the agenda: This would be a 15- minute open forum, untelevised. No action would be taken during the open forum other than to receive information and comments from the public and perhaps to answer questions that could be answered that evening or to advise a person that City staff would get back to them with an answer to their question. The Council would then convene the formal City Council meeting at 7 p.m. after this informal open forum. RESOLUTION NO. 97 -176 Member Lasman introduced the following resolution and moved its adoption: RESOLUTION AMENDING CITY COUNCIL HANDBOOK REGARDING ORDER OF BUSINESS The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. • 9/22/97 -7- DR At` UPDATE ON STATE CONNECTION FOR MOBILE COMPUTING DEVICE (MCD) • SYSTEM City Manager McCauley gave a brief update on the State of Minnesota connection on the MCDs and informed Council that the MCDs were connected with the State of Minnesota. Police staff and LOGIS continue to work on "bug ixes" regarding this interface. g g g s terf ce. Mr. McCauley will continue to provide updates in the future. DISCUSSION OF PREFERRED SITE ALTERNATIVE FOR POLICE DEPARTMENT BUILDING City Manager McCauley explained the process of reviewing potential sites for a new police building. The two sites determined in the selection process as viable are 1) the site adjacent to City Hall; and 2) the Humboldt Avenue site. Humboldt site factors included: Acquisition from EDA would be $356,039 Location near areas interest in greater police interaction Future expansion would require additional land acquisition Soil conditions assumed to be easier to work with Traffic issues on ingress and egress may require turn lanes Adjacent to City Hall factors included: • Some additional soil correction/foundation costs depending on final layout ($200,000 range) Need to relocate parking into bandshell area and provide compensating storage areas ($100,000 range) Reduces operating and equipment costs as compared to off -site police facility (operating cost savings of $100,000+ per year) Better interaction and coordination of City functions and personnel Future expansion could be accommodated on the site Major drawbacks to each site are: City Hall site: Creation of compensating water storage capacity Loss of park area for parking Humboldt site: Smaller site Entry and exit from site City Manager McCauley noted that neither location would impact the amount of bonds for the referendum, since overall costs for construction at each site would be similar. Contingencies beyond the contingency fund built into the architect's estimate are programmed from capital 9/22/97 -8- • DRAFT • improvement funds. Given the operating synergies and operating costs savings, Mr. McCauley recommended the Council consider the City Hall site as the preferred alternative. Councilmember Hilstrom inquired about how much park land would be necessary for a new parking lot and compensation storage pond should the City Hall site be selected. Public Services Director Diane Spector responded that about 1/3 acre in the park is already a wet area and could be used for the storage pond: The bandshell could easily be moved closer to the Recreation Center to allow for new parking. Councilmember Carmody expressed concern regarding the response time by the police department to other areas of the City if the Humboldt site was selected. Councilmember Carmody said she supported the City Hall site due to the savings in operating costs and having a police department centrally located. Councilmember Peppe stated that although a savings in operating costs is important, the northeast neighborhood needs a police department presence. Councilmember Peppe stated that he supported the Humboldt site. A motion was made by Councilmember Hilstrom to designate the preferred alternative of the Humboldt Avenue site for a police department building. The motion was seconded by Councilmember Peppe and passed on a vote of Councilmembers Hilstrom, Lasman, Peppe and • Mayor Kragness voting aye; Councilmember Carmody voted nay. ADJOURNMENT A motion 6y Councilmember Carmody and seconded by Councilmember Hilstrom to adjourn the meeting at 7:45 p.m. passed unanimously. City Clerk Mayor Recorded and transcribed by: LeAnn Larson • 9/22/97 -9- { i 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 BUDGET WORK SESSION SEPTEMBER 29, 1997 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in a budget work session and was called to order by .m. Mayor Myrna Kra ness at 7 Y Y g p ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Debra Hilstrom, Kay Lasman, and Robert Peppe. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, Finance Director Charlie Hansen, Financial Commission Member Ned Storla, and Council Secretary LeAnn Larson. ® DISCUSSION OF LICENSE FEE INCREASE PROPOSAL City Manager McCauley presented a business license fee survey prepared by the City Clerk which showed where Brooklyn Center stands in comparison to the license fees charged by other cities. Most of these fees discussed have not been increased since 1986 and don't reflect the desire to "cover costs." A proposed three -year structure for annually increasing fees was discussed. Council consensus was that all license fees discussed be increased, most notably the rental dwelling license fees. Mr. McCauley will prepare a suggested license fee schedule based on the discussions with a $50 minimum for rental housing to reflect the cost of biennial inspections. DISCUSSION OF SOCIAL SERVICE FUNDING PROCESS/DATE OF DECISIONS BY COUNCIL Council concurred to schedule for November 3, 1997, to discuss social service funding and the enterprise funds for the 1998 budget. • 9/29/97 _1 _ 041 *4 I V DISCUSSION OF CAPITAL FUNDING /CONTINGENCY • The City Manager explained that increased capital funding was included in the contingency portion of the draft budget and that some funds will be shifted from contingency in the final draft to capital transfers. For the time being, it was proposed to defer discussion on a possible additional staff person to deal with implementing recommendations from the Marquette Study and liquor study and leave funds in contingency sufficient to allow for that option's exploration. REVIEW OF LOGIS ISSUES IN DRAFT BUDGET City Manager McCauley explained that the draft budget coniains funds for possible purchase of building inspections software which would discontinue a LOGIS application in 1999 and a g P Pp review of buying recreation software directly, rather than through LOGIS. The software would be the same, but the relationship would be directly with the vendor rather than through LOGIS. These decisions need to be made by April, 1998, in order to withdraw from LOGIS participation on those services. Mr. McCauley commented that staff is presently evaluating this software. DISCUSSION OF PROFESSIONAL SERVICES MATERIALS REQUESTED BY COUNCIL MEMBER HILSTROM City Manager McCauley reported on a request that had been made by the Council for a survey of rofessional services not covered b the recently adopted financial services policy. In p Y Y p P Y reviewing what professional services were retained on an ongoing basis, only criminal and civil legal services were identified. While the City has a number of engineering services performed, significant projects are subject to requests for proposals for each of those projects and the engineer selected pursuant to those requests. Minor engineering and miscellaneous professional services are contracted but with respect to significant ($10,000 or more) projects there were no ongoing relationships other than the described legal services. City Manager McCauley responded to a recent Council question regarding continuing civil and criminal law services. He noted that the last time RFPs were prepared for criminal law services was in 1989. The last time for civil law services was in 1993. Councilmember Hilstrom expressed a desire to have RFPs for these continuing professional relationships done on an established schedule, similar to schedules for other professional services. Council consensus was to set up RFPs on a four -year schedule, with criminal law services conducted in 1997 and civil law services conducted in 1999. • 9/29/97 -2- DRAFT DISCUSSION OF DRAFT GENERAL FUND BUDGET: CHANGES ADDITIONS City Manager McCauley inquired if the Council saw Y g y q unc s any changes or additions to the draft General Fund budget at this time. No additional requests were made. Mr. McCauley noted that there will be more funding for capital improvement projects and that the five -year plan for capital improvements is being worked on. ADJOURNMENT A motion by Councilmember Hilstrom and seconded by Councilmember Carmody to adjourn the meeting at 8:35 p.m. passed unanimously. City Clerk Mayor Recorded and transcribed by: LeAnn Larson 9/29/97 _;_ City of Brooklyn Center 7b A great place to start. A great place to stay. • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk DATE: October 9, 1997 SUBJECT: Appointment of Election Judges to Serve in November 4, 1997, Special Election Ifinnesota State Statutes, Section 204B.21, Subd. 2, requires election judges be appointed by the governing body at least 25 days before the election at which the election judges will serve. The following list of individuals have qualified to be election judges, and it is requested the City Council appoint them to serve as election judges for the November 4, 1997, Special Election. Precinct 1 Precinct 4 6 -R -Don Gillquist; Chair 4- D -Rosie Teas, Chair, 1 -R -Pat Hotchkiss 4 -R -Ardis Fairchild 2 -D -Joyce Lindquist 4 -D -Joyce Nelson 1 -D- Dorothy Nyberg 4 -R -Mary Ellen Roberts 1 -R -Mary Thiebault 4 -D- Luella Torrence Precinct 2 Precinct 5 8 -R -Roger Johnson, Chair 6 -D -Earl Larsen, Chair 2 -R -Helen Bailey 5 -R -Lois Froebel 2- R- Marjory Hamilton 5 -D- Lorraine Halter 2 -D -Donna Jennrich 5 -D -Gloria Voeltz 2- D- McKevha Thomas Precinct 6 Precinct 3 6 -R- Catherine Wetzel, Chair 3 -R -Ann Bystrom, Chair 6 -D -Doris Chapman 3 -D- Charlotte Chermak 6 -R -Lora Jefferson .3 - Gladys Clasemann 6 -D -Dick Mero 4 -R- Carolyn Green 6- R- Arlene Olson 2 -R -Lois Holmes • 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 l Equal Opportunities Employer Memo to Michael J. McCauley • Page 2 October 9, 1997 Precinct 7 Standby Judges: 7 -D -Mona Hintzman, Chair 7 -R -John Andraschko 7 -D -Kay Brosseau 7 -D -Carol Benkofske 7 -D -Joyce Gebhardt 7- D- Marion Gagnon 7 -R -Susan Heisler 7 -R -Angie Olson 4- D- Barbara Hokenson 4 -D -Ray Hokenson Precinct 8 4 -R- Virginia Johnson 6 -R -Ernie Olson, Chair 4 -I- Warren Lindquist 8 -D -Anne Bergquist 6 -R- Shirley Moore 8 -D- Elizabeth Olson 4 -I -Roger Peterson 8 -D -Ethel Pettman 6 -D- Christine Polis 8- R- William Zieska 4 -R -Joann Reavely 4 -R -Jim Roberts 4 -D -Selma Ryan 6 -D -Beth Rygh • 8 -D -Joyce Samuelson 6- D -Margit Sovde 8 -R -Eva Tobias 8 -R -James Tobias 6 -D -E. Margaret Trautwein • �c • MEMORANDUM DATE: October 8, 1997 TO: Michael McCauley, City Manager FROM: Scott Brink, City Engineer SUBJECT: Resolution Accepting Bid and Awarding a Contract, Improvement Project No. 1997- 14, Contract 97 -M, Water Utility Energy Conservation Measures On March 24, 1997, the City Council established Improvement Project No. 1997 -14 which provides for the retrofitting of several of the City's water supply wells with Adjustable Speed Drives(ASD's). As well retrofits will provide significant long term energy savings and greater operations efficiency. To recognize these long -term energy savings and encourage energy conservation, NSP offers a special interest -free financing plan for these types of improvements. NSP provides the up -front financing, and the loan is repaid from the energy savings. On April 28, 1997, the City Council authorized awarding a contract for professional services to the consulting firm of TKDA for design and construction management. Approval of the plans and specifications and the authorization for an advertisement for bids was subsequently approved by the City Council. The original Engineer's Estimate was $210,000. Bids for Contract 1997 -M were received and opened on October 7, 1997.The bid results have been tabulated as follows: • Bidde Bid out Base Bid Am n { ) Collins Electrical Const. Co. $192,462 ColliSys $206,176 Premier Electrical Corp. $212,160 Twin City Electrical $213,492 Bacon's Electric $215,650 Electrical Installation Co. $219,800 Total Construction and Eq. $234,000 Egan McKay Electrical $236,250 During the course of the project design, staff and the consultant realized this would be an opportune time to consider retrofitting the wells with the ability to operate using a portable generator. Currently, no means of starting up or powering the wells exists in the event of a power outage. The controls necessary to utilize a generator were designed into the general retrofit project, and the bid proposal form also provided an alternate line item for the purchase of a portable generator. Collins Electrical Company submitted a price of $53,275 for a portable generator(the engineer's estimate for the portable generator was $72,000). The lowest price submitted for the generator was submitted by Bacon's Electric at a cost of $51,670. Therefore, if the City Council chooses to purchase the portable generator(in addition to the base bid), Collins Electrical Company would still be the low bidder at a total of $245,737. The NSP Local Government Energy Conservation Program would provide financing for the retrofit improvement. The portable generator is not eligible for that financing. We recommend that the • Council authorize the purchase of the portable generator from the water utility fund. While the portable generator would merit purchase on its own, as can be seen from the table below, we expect that there will be substantial savings generated from the retrofit itself, which would be more than adequate to "pay for" the portable generator. Table 1 Financial Impact of Improvement Project No. 1997 -14 Year Cost to Estimated Energy Cost to City (Loan Net Energy Savings NSP Savings payments, (Benefit to City, (Capital generator, & reducing utility outlay *) engineering * *) operating costs) 1 $225,000 $56,000 $80,500 ($24,500) 2 57,120 22,500 34,620 3 58,260 22,500 35,760 4 59,400 22,500 36,900 5 60,600 22,500 38,100 6 61,800 22,500 39,300 7 63,000 22,500 40,500 8 64,260 22,500 41,760 9 65,500 22,500 43,000 10 66,800 22,500 44,300 10 year $612,740 $283,000 $329,740 subtotal 11 -25, $68,100 $0 $68,100 annually * Includes the cost of the improvement plus most of the engineering costs. ** Includes the $22,500 loan payment plus the $53,275 for the portable generator plus about $5,000 in engineering costs which are not eligible for reimbursement by NSP. Recommended City Council Action Approve the attached resolution accepting the low bid for both the improvement and the generator and awarding a contract to Collins Electrical Construction Company. Also attached is a letter of • recommendation from TKDA. T Tr � AND A KING. . ANDE AND ASSOCIATESES. . INCORPORATED PORATERATE D ENGINEERS • ARCHITECTS • PLANNERS 1500 PIPER JAFFRAY PLAZA des CEDAR STREET SAINT PAUL, MINNESOTA SS101.2140 PHONSGIVM 4400 FAK 8121282 -M October 8, 1997 Mr. Scott Brink City Engineer 6301 Shingle Creek Pkwy. Brooklyn Center, MN 55430 Re: Water Utility Energy Conservation Measures Project No. 1997 -14 Brookl yn Center , Minnesota Commision No. 11014 -02 Dear Mr. Brink: Eight bid proposals were received at 10:00 AM on October 7, 1997 for the above referenced project. The bid results are tabulated in the table below. Bidder Base Bid Alt Item 1 Alt Item 2 Bacon's Electric Company $215,650 - $51,670 Collins Electrical Construction Co. $192,462 - $53,275 ColliSys $206,176 - $68,000 Electrical Installation & Maintenance Co. $219,800 - $54,900 Premier Electrical Corporation $212,160 - $55,585 The Egan -McKay Contractors, Inc. $236,250 - $64,850 Total Construction & Equipment, Inc. $234,000 $45,000 $53,000 Twin City Electric Company $213,492 - $62,241 The low bidder was Collins Electrical Construction Co. with a Base Bid price of S 192,462 for material meeting the specification requirements. The city has the right to select from the low base bidder any alternate bid item desired by the city. It is our recommendation that Alternate Bid Item #2 for $53,275 be accepted by the city, since it is significantly lower than the M Equal Opportunity Employer engineering estimate of $72,000. The total contract price for the Base Bid and Alternate Bid Item #2 is $45,737. • If you need additional information or have any questions, please contact me at 292 - 4605. Sincerely, Troy F. ross Project Engineer cc: Verne E. Jacobsen • TOTAL P.02 Member introduced the following resolution and moved its • adoption: RESOLUTION NO. _ RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 1997 -14, CONTRACT 1997 -M, WATER UTILITY ENERGY CONSERVATION MEASURES WHEREAS, pursuant to an advertisement for bids for Improvement Project No. 1997- 14, bids were received, opened, and tabulated by the City Clerk and Engineer, on the 7th day of October, 1997. Said bids were as follows: idder Bid Amount Bid) Alt. Item Collins Electrical Const. Co. $192,462 $53,275 ColliSys $206,176 $68,000 Premier Electrical Corp. $212,160 $55,585 Twin City Electrical $213,492 $62,241 Bacon's Electric $215,650 $51,670. Electrical Installation Co. $219,800 $54,900 Total Construction and Eq. $234,000 $53,000 Egan McKay Electrical $236,250 $64,850 WHEREAS, it appears that Collins Electrical Construction Company, of St. Paul, Minnesota, is the lowest responsible bidder. WHEREAS, an alternate bid price has been provided for the purchase of a portable generator; and WHEREAS, a portable generator has been considered necessary in the event of emergency power needs; and WHEREAS, Collins Electrical Construction Company remains the lowest responsible with the addition of the alternate bid item. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The Mayor and City Manager are hereby authorized and directed to enter into a contract with Collins Electrical Construction Company of St. Paul, Minnesota, in the name of the City of Brooklyn Center, for Improvement Project No. 1997 -14, Contract 1997 -M, according to the plans and specifications therefor approved by the City Council and on file in the office of the City Engineer. • RESOLUTION NO. . • 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until a contract is signed. 3. The project cost and financing is hereby established as follows: Costs As Bid Contract $245,737 Engineering $31,000 Contingency, Adm. (5 %) $10.000 Total $286,737 Revenues Water Utility Fund $286,737 • 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. 7J MEMORANDUM • DATE: October 8 1997 TO: Michael McCauley, City Manager FROM: Scott Brink, City Engineer'# SUBJECT: Resolution Accepting Bid and Awarding a Contract, Improvement Project No. 1997- 18, Contract 97 -0, Emergency Replacement of the Cold Storage Building Roof Summary Explanation During the heavy rains of this past July, it was noted that the roof over the cold storage building at the Central Garage had a significant leaking problem. Upon inspection, it was discovered that the rubber roof membrane had pulled away from the perimeter flashing at the roof's edge. This roof was a rolled rubber type, installed when the building was constructed in 1983. At that time, it was expected that the roof would last up to twenty years. Repair and/or replacement estimates were solicited and received from a number of vendors. Review of the quotes indicated that repair of the roof would cost approximately $17,000 and would be guaranteed for only one year. Total replacement of the roof would cost approximately $36,000 and would carry a ten year guarantee. All vendors indicated that repair or replacement would be necessary before this winter. On September 22, 1997, the City Council approved a Resolution establishing this improvement project, make an appropriation, developing plans and specifications, and authorizing an advertisement for bids for Improvement Project No. 1997 -18. Bids will be opened on October 10, 1997. A bid tabulation, recommendation and resolution will be provided in the City Council packet on October 10. MEMORANDUM DATE: October 10, 1997 TO: Michael McCauley, City Manager FROM: Scott Brink, City Engineer SUBJECT: Resolution Accepting Bid and Awarding a Contract, Improvement Project No. 1997 18, Contract 97 -0, Emergency Replacement of the Cold Storage Building Roof Bids were opened for the above project on October 10, 1997 at 10:00 A.M. The bid results are as follows: John A. Dalsin & Son, Inc. $44,400 Palmer West Construction Inc. $59,900 When the Council originally approved this emergency replacement, the estimated cost was based on two cost estimates provided by the above two contractors. Palmer West's estimate was just over $37,000, while Dalsin & Son was just over $44,000. At the time approval was given to advertise for bids, it was determined that there was sufficient funding in the General Fund Contingency Account for • this emergency improvement, based on that $37,000 estimate. However, the bid of Palmer West Construction Inc. is over $20,000 greater than that initial estimate. This great discrepancy can be attributed to 1) roofers are extremely busy this time of year, and the almost four weeks which have elapsed since the estimate was given has increased the cost; and 2) the estimator who provided the initial estimate was apparently inexperienced, and did not provide a good estimate, while the estimator who prepared the bid was more experienced. The low bid submitted by John A. Dalsin & Son, Inc. is comparable to initial estimates received for the work prior to bidding, indicating that they have a good understanding of the work required. John A. Dalsin & Son, Inc. has proven experience in performing roof work of this nature; their most recent work for the City was installation of the roof on the Central Garage addition. Completion of repairs to the roof prior to the winter season is necessary. We recommend that the Council consider appropriating $37,000 from the Contingency Fund for this roof replacement, and $7,400 from the 1997 General Fund Budget for various divisions responsible for government buildings maintenance. This would include: $3,500 Storm Drainage charges which were inadvertently double budgeted between government buildings and the community center (466 Pool Division) $2,700 Other Equipment: a 24 inch floor scrubber that was budgeted at $6,430 and which came in at $3,786 (440 Custodial Services Division) $800 Fuel Oil: budgeted at $4,000, for which we have expended $3,200 (466 Pool) $400 Telephone services: expenditures are estimated to be less than budgeted (466 Pool) • We recommend that the City Council approve the attached resolution awarding a contract to John A. Dalsin & Son, Inc. for Project 1997 -18, Emergency Replacement of the Cold Storage Building Roof. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT, IMPROVEMENT PROJECT NO. 1997 -18, CONTRACT 1997 -0, EMERGENCY REPLACEMENT OF THE COLD STORAGE BUILDING ROOF WHEREAS, pursuant to an advertisement for bids for Improvement Project No. 1997 -18, bids were received, opened, and tabulated by the City Clerk and Engineer, on the 10th day of October, 1997. Said bids were as follows: Bidder Bid Amount John A. Dalsin & Son, Inc. $44,400 Palmer West Construction Inc. $59,900 WHEREAS, it appears that John A. Dalsin & Son, Inc. of Minneapolis, Minnesota, is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The Mayor and City Manager are hereby authorized and directed to enter into a contract with John A. Dalsin & Son, Inc. of, Minneapolis, Minnesota, in the name of the City of Brooklyn Center, for Improvement Project No. 1997 -18, Contract 1997 -0, according to the plans and specifications therefor approved by the City Council and on file in the office of the City Engineer. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until a contract is signed. 3. To finance this emergency repair, $37,000 is hereby appropriated from the 1997 General Fund Contingency Account; $4,700 from the 1997 General Fund Division 446, Pool; and $2,700 from the 1997 General Fund Division 440 Custodial Services. • Resolution No. • Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • • TE MEMORANDUM • DATE: October 9, 1997 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Services SUBJECT: Resolution Approving Preliminary Design, Improvement Project No. 1996 -16, Brooklyn Boulevard (CSAH 152), 65th Avenue to 71st Avenue The attached resolution is a "housekeeping" measure which Hennepin County requires in order to go forward with planning for the proposed Brooklyn Boulevard improvement project. The resolution indicates the Council's acceptance of the preliminary design for the roadway. This design (see attached) is the- same as was presented to the Council and the public at the public hearing on the Environmental Assessment Worksheet. The design accommodates the Council's desired level of enhancement. Approval of this resolution does not commit the Council to going ahead with the project. There are several additional issues that have previously identified which need resolution before anyone can feel comfortable going forward with the project. This resolution enables Hennepin County staff to go forward with additional review, planning, and information gathering that is essential to fully understanding the physical and financial impact of the proposed project. P P P P J Upon approval of this resolution, staff will begin negotiation of a separate cooperative agreement with Hennepin County which deals exclusively with right of way issues. • 2' P U BROOKLYN BOULEVARD d L — I - \ -� a� F O Q P a v i ,. y '�. �%. &f�F .. k6l { 6 1M fQ 3 .'fy#. `51 ! � ,q, f t�. { 1� k✓i? b"�`M.e t1 IA,�ir 'r' M � ��'Y� 4"x r q�C, �y� IB :J#'+�77LY:XPZiat1J.CRtiS,ac+t N.a .,v,'.l�Tk. 45.!�7M.y. fi:. .rr... ,..�.._M .r v:1 " ?. .� i •.� ,'+ �. ,_.t �,i< «�...r _ . di+Rl - 6 ct, r lu' � Rq yc L ^ H _ _ BROOKLYN so ULEVgnp - - r.'f CSAH 152 4 r Brooklyn Boulevard S881eM1M40 Figure 2.3 10 0 20 40 80 — 0 50 1 00 200 b Existin Ali o�� Scale M Feel W_ -!r e A l O .i • F'. Q' (( l / I 1 l -- _ _ ,Y d — — ___ _ . — — — — — — — — — — —. — — — — — v i CSAH 152' A _ �i3�'t'J� �: �" i� �t�i' 4�iw. tn"' �fk��! 11�ts ,�'�lil?it�!i�.tf4�ks'L£,�?;:' • �+ 4' i�12R��'r47�J ",��fi�4'£it"�3?t#f , Q ' tea p f' t cr) `o Ql � • ___ _ -._ k Q , . --- , - - - - -_ —1 h B > c' 1 l — _ ` -_� _ 0 ) ko 1 i � t�r� l �i f 1� Brooklyn Boulevard Scale In Meters - fig ure 2.4 10 0 20 40 80 b °rr 0 50 too 200 Preferred Alignment Scale M feet �R� t q � C . tj I M -F, Ed�'01 Trali Edda FJOS ti (". H BC / a r a duY Strip) , 0.3 m I) 0.3 rn O.u') . 0.6 m (2O') - - - - -- 0.6 M(2 a) -- - " O 6__ m 3.6 m 3 m (2 °y '0.3 t (LU7 l (.°� � m l 3.0, 1.3m 1.3m 3.6m 3 m 3.6m 3.6m 1.8m _ 1.3m L3m 1.6m {; 00) (9 1 0 3') 0 3') 11 0' _- - -- 1 ( ) pl.e') In B') (B.e') (u.e•) pl.e� ^ (11.6') (4.33 N.31 (e 3 1 7.3 m 29.4 ,n X 5.3 m l 6`22.95 Brooklyn Boulevard _ S Figure 2.5 Typical Cross - Section NO S LAINUM one Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING PRELIMINARY DESIGN, IMPROVEMENT PROJECT NO. 1996 -16, BROOKLYN BOULEVARD (CSAH 152), 65TH AVENUE TO 71ST AVENUE WHEREAS, Preliminary Layout 113, Hennepin County Project No. 9322 showing proposed improvement of CSAH 152 (Brooklyn Boulevard) within the limits of the City has been prepared and presented to the City; and WHEREAS, City and Hennepin County staff have cooperatively developed a preliminary layout for the improvement of Brooklyn Boulevard (CSAH 152) from approximately 65th Avenue to approximately 71st Noble Avenue; and WHEREAS, said layout provides for the inclusion of enhancement elements sought by the Brooklyn Boulevard Task Force and the City Council; and WHEREAS, said layout has been reviewed and commented upon by the Council and by the property owners and residents in the corridor proposed to be improved. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. Said Layout No. 1B be in all things approved, and that the City agrees to ban the parking of motor vehicles at all times and to provide enforcement for the prohibition of on- street parking on those portions of said Project No. 9322 within its corporate limits. 2. Should the project go forward, the City may use tax increment financing from a Redevelopment District to finance a portion of the project cost, along with other financing sources such as Municipal State Aid, local state aid, public utilities funds, and special assessments. 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: October 7, 1997 TO: Michael J. McCauley, City Manager FROM: Scott A. Brink, City Engineer 4 SUBJECT: Resolution Accepting Work Performed and Authorizing Final Payment, Improvement Project No. 1997 -09, Contract 1997 -C, 1997 Sealcoating On June 23, 1997, the City Council awarded a contract to Allied Blacktop Company in the amount of $67,737.73 for Contract 1997 -C. Allied Blacktop Company has completed the work as specified. The final contract amount has increased by an amount of $625.38(0.9 %) due to an underestimation of quantities. The underestimated quantity can be attributed to additional oil required at intersection median breaks on Xerxes Avenue that was not figured in the original quantity estimates. • It is recommended to accept the work performed in the amount of $68 363.11. p P , Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1997 -09, CONTRACT 1997 -C, 1997 SEALCOATING WHEREAS, pursuant to a written contract signed with the City of Brooklyn Center, Minnesota, Allied Blacktop Company has satisfactorily completed the following improvement in accordance with said contract: Improvement Project No. 1997 -09, Contract 1997 -C, 1997 Sealcoating NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. 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 $68,363.11. 2. Costs shall be charged to the Street Maintenance Division, Street and Alley Repair. • 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: October 8, 1997 TO: Michael McCauley, City Manager FROM: Joyce Gulseth, Administrative Aide SUBJECT: Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees The attached resolution represents the official Council action required to expedite removal of the trees most recently marked by the City tree inspector, in accordance with approved procedures. It is anticipated that this resolution will be submitted for council consideration each meeting during the summer and fall as new trees are marked. • i Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES (ORDER NO. DST 10/14/97 ) WHEREAS, a Notice to Abate Nuisance and Diseased Tree Removal Agreement has been issued to the owners of certain properties in the City of Brooklyn Center giving the owners twenty (20) days to remove diseased trees on the owners' property; and WHEREAS, the City can expedite the removal of these diseased trees by declaring them a public nuisance: NOW, THEREFOR, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota that: 1. The diseased trees at the following addresses are hereby declared to be a public nuisance: TREE PROPERTY OWNER PROPERTY ADDRESS NUMBER --------------------- - - - - -- ----------------------- - - - - -- -- - - - - -- ELLEN SIEBENALER 5401 4TH ST N 149 • DANIEL REHBERGER 5518 DUPONT AVE N 150 LLOYD & DARLA WALLACE 5652 JAMES AVE N 151 REOLITA PARAY 3307 66TH AVE N 152 FREDERICK & AMELIA VOSS 6407 REGENT AVE N 153 CITY OF B.C. 6400 ORCHARD AVE N 154 EDA OF BROOKLYN CENTER 6550 WEST RIVER RD 155 EDA OF BROOKLYN CENTER 6550 WEST RIVER RD 156 EDA OF BROOKLYN CENTER 6550 WEST RIVER RD 157 EDA OF BROOKLYN CENTER 6550 WEST RIVER RD 158 EDA OF BROOKLYN CENTER 6550 WEST RIVER RD 159 EDA OF BROOKLYN CENTER 6550 WEST RIVER RD 160 EDA OF BROOKLYN CENTER 6550 WEST RIVER RD 161 EDA OF BROOKLYN CENTER 6550 WEST RIVER RD 162 EDA OF BROOKLYN CENTER 6550 WEST RIVER RD 163 EDA OF BROOKLYN CENTER 6550 WEST RIVER RD 164 EDA OF BROOKLYN CENTER 6550 WEST RIVER RD 165 BRUCE & CYNTHIA MONKKONEN 6042 EWING AVE N 166 G. BEKELE & R. BOGALE 3349 49TH AVE N 167 FRANCES LUNACEK 5201 XERXES AVE N 168 JOSEPH TRILL 5546 GIRARD AVE N 169 CITY OF B.C. BEACH PARK 170 DANNY & JULIE ZIEGLER 5701 EMERSON AVE N 171 ALFRED & ETHEL RHINES 810 57TH AVE N 172 JEROME & KAREN FOBBE 4811 LAKEVIEW AVE N 173 DEBORAH PAINE 7225 KNOX AVE N 174 • DEBORAH PAINE 7225 KNOX AVE N 175 RESOLUTION NO. 2. After twenty (20) days from the date of the notice, the property owner(s) will receive a second written notice providing five (5) business days in which to contest the determination of the City Council by requesting, in writing, a hearing. Said request shall be filed with the City Clerk. 3. After five (5) days, if the property owner fails to request a hearing, the tree(s) shall be removed by the City. All removal costs, including legal, financing, and administrative charges, shall be specially assessed against the property. Date Mayor ATTEST: City Clerk The.motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: • and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • City of Brooklyn Center �H A great place to start. A great place to stay. • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk c �� I ot DATE: October 9, 1997 SUBJECT: Resolution Amending the Schedule for Various License Fees The attached resolution gradually increases various license fees over a three -year period. Most of the license fees have not been increased since 1987. The attached license fee survey of 31 metropolitan cities indicates that Brooklyn Center license fees are below average. Each year the legislature approves new licensing regulations with which the City must comply, and these regulations require increased time spent with the issuance of licenses, including investigations, vehicle inspections, and safety inspections. Adoption of this resolution results in increased revenue of $22,078 for 1998. I've attached a table which shows the projected revenue from license fees for the next three years. Attachments 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action/Equal Opportunities Employer its adoption: Member introduced the followin g resolution and moved RESOLUTION NO. RESOLUTION AMENDING THE SCHEDULE FOR VARIOUS LICENSE FEES WHEREAS, the City Council of the City of Brooklyn Center adopted Resolution No. 87 -31 on February 9, 1987, which established fees to be charged for various City licenses; and WHEREAS, the City Council has determined that it wishes to increase the fees for various licenses to offset increased expenses incurred by the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to amend the City's fee schedule Y ty for various licenses as follows: Fee Annual unless otherwise noted License 1998 1999 2000 Amusement Device Operator Each Machine $ 60 $ 70 $ 75 Bowling Alley Each Alley 15 20 20 Christmas Tree Sales 40 50 60 Commercial Kennel 75 75 100 Courtesy Bench 20 20 25 Filling Station First Nozzle 50 75 90 Each Additional Nozzle 10 10 10 Garbage Hauler Company 50 75 85 Each Vehicle 25 25 25 Mechanical Systems 50 50 60 Motor Vehicle Dealership 200 225 250 Pool & Billiards • Each Table 30 30 35 RESOLUTION NO. Fee Annual unless otherwise noted License 1998 1999 2000 Public Dance 125 150 175 Rental Single Family Dwelling 50 /biennial 50 /biennial 60 /biennial Two Family Dwelling First Unit 50 /biennial 50 /biennial 55 /biennial Second Unit 50 /biennial 50 /biennial 55 /biennial Multiple Family Dwelling Each Building 100 /biennial 100 /biennial 110 /biennial Each Unit 5 /biennial 5 /biennial 6 /biennial Sign Hanger 55 60 60 Taxicab 50 75 100 Tobacco Related Products 100 125 150 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. • Oce Permit Fees 1997 LICENSEES CITIES Vehicle Dealership Garbage Hauler Bowling Alley Courtesy Bench 'Commercial Kennel Gas Station Pool & Billiards Amusement Op 10 Trucks 5 Lanes 5 Benches 10 Dogs 3 Nozzles 10 Tables 10 Devices Apple Valley NA $ 398.0 NA NA $ 60.00 $ 135.0 NA $ 278.0 Blaine $ 250.0 $ 75.0 NA NA $ 25.00 NA NA $ 545.0 t�,'suo�ly�c 150.0 $ 235.0 50.0 60.0 $ 50.00 50.0 250.0 $ 500.0 Brooklyn Park NA $ 480.0 NA - $ 75.00 $ 70.0 $ 500.0 $ 500.0 Burnsville NA $ 100.0 NA NA $ 100.00 NA NA NA Coon Rapids $ 32.0 $ 175.0 $ 23.0 NA $ 52.00 NA $ 250.0 NA Cottage Grove - $ 100.0 NA NA NA NA $ 350.0 $ 350.0 Crystal NA $ 524.0 $ 160.0 $ 26.0 $ 62.00 $ 95.0 $ 380.0 $ 600.0 Eagan NA $ 275.0 NA NA $ 100.00 - NA $ 350.0 Eden Prairie NA $ 165.0 NF NA $ 67.00 NA NF $ 250.0 Edina NA $ 815.0 NA $ 60.0 $ 55.00 NA $ 90.0 $ 90.0 f= ridley $ 150.0 $ 195.0 $ 90.0 NA $ 25.00 $ 180.0 $ 130.0 NA Golden Valley $ 400.0 $ 400.0 $ 100.0 $ 100.0 NA $ 70.0 $ 350.0 - Inver Grove Heights $ 300.0 $ 130.0 $ 50.0 NA $ 50.00 $ 76.0 NA NA Lakeville NA $ 50.0 NA - $ 100.00 NA NA $ 250.0 Maple Grove NF $ 265.0 NA NA $ 75.00 NA $ 500.0 $ 500.0 Maplewood $ 247.0 $ 97.0 NA $ 172.0 $ 63.00 $ 163.0 $ 600.0 $ 600.0 Minneapolis $ 429.0 $ 710.0 $ 191.0 $ 175.0 $ 40.00 $ 161.0 $ 311.0 - Minnetonka NA $ 475.0 $ 55.0 NA $ 35.00 $ 16.5 $ 55.0 $ 110.0 New Brighton $ 140.0 $ 130.0 - NA NF $ 145.0 - $ 500.0 New I lope NA $ 275.0 $ 75.0 NA $ 50.00 $ 35.0 $ 200.0 $ 200.0 Oakdale NA $ 250.0 NA NA NA NA NA NA Plymouth NA $ 250.0 NA NA $ 65.00 $ 110.0 NA NA Richfield - $ 438.0 $ 125.0 $ 105.0 $ 117.50 NA $ 32.0 $ 200.0 Roseville NA $ 125.0 $ 150.0 NA $ 75.00 $ 130.0 $ 250.0 $ 750.0 Shoreview NA $ 100.0 NA - $ 40.00 $ 60.0 NA $ 750.0 South St. Paul NA $ 250.0 $ 90.0 $ 100.0 NA $ 60.0 $ 250.0 $ 500.0 St. Louis Park NA $ 450.0 $ 100.0 $ 175.0 $ 275.00 $ 350.0 $ 400.0 $ 350.0 St. Paul $ 317.0 $ 317.0 $ 164.0 $ 20.0 NA $ 198.0 $ 164.0 $ 620.0 White Bear Lake NA $ 100.0 $ 100.0 $ 60.0 $ 25.00 $ 60.0 $ 200.0 $ 850.0 Woodbury NA $ 125.0 NA NA $ 100.00 NA NA NA Average $ 251.7 1 $ 282.5 1 $ 101.5 1 $ 95.7 1 $ 71.26 1 $ 113.9 1 $ 276.9 1 $ 449.7 Page 1 • Lice*nd Permit Fees 1997 LICENSEES CITIES Public Dance Taxicab Tobacco Xrnas Tree Sales 'Mechanical Sign Hanger 10 Events 1 Vehicle License Apple Valley $ 220.0 NA $ 35.0 $ 85.0 NA NA Blaine NA $ 85.0 $ 25.0 $ 200.0 $ 35.0 $ 35.0 016044 e $ J00.0 $ 25.0 $ 50.0 $ 30.0 - 45.0 $ 50.0 Brooklyn Park NA $ 65.0 $ 30.0 $ 25.0 $ 75.0 $ 75.0 Burnsville $ 100.0 NA NA NA $ 55.0 NF Coon Rapids $ 120.0 $ 46.0 $ 35.0 $ 32.0 $ 43.0 $ 43.0 Cottage Grove $ 500.0 $ 50.0 $ 20.0 $ 25.0 $ 50.0 $ 50.0 Crystal $ 441.0 $ 64.0 $ 35.0 $ 60.0 NA $ 79.0 Eagan $ 600.0 NA $ 40.0 NA NA $ 20.0 Eden Prairie NF NF $ 250.0 $ 5.0 - NA Edina $ 350.0 N $ 250.0 NA $ 15.0 - Fridley $ 75.0 $ 50.0 $ 125.0 $ 200.0 $ 35.0 $ 35.0 Golden Valley $ 375.0 $ 50.0 $ 200.0 $ 75.0 $ 50.0 NF liiver Grove Ileights $ 150.0 NA $ 25.0 $ 35.0 $ 50.0 $ 50.0 Lakeville $ 25.0 $ 25.0 $ 50.0 NA - NA Maple Grove $ 55.0 NA $ 200.0 $ 50.0 NF $ 25.0 Maplewood NA $ 66.0 $ 45.0 $ 172.0 $ 97.0 $ 97.0 Minneapolis NA $ 400.0 $ 150.0 $ 83.0 NA $ 119.0 Minnetonka $ 110.0 NA $ 30.0 - $ 45.0 NA New Brighton - - $ 250.0 $ 45.0 $ 90.0 $ 90.0 New Hope $ 125.0 $ 33.0 $ 30.0 $ 50.0 NA NA Oakdale NA NA $ 25.0 $ 25.0 NA NA Plymouth NA $ 70.0 $ 150.0 $ 50.0 NA $ 70.0 .0 Richfield - $ 325.0 $ 360.0 $ 80.0 $ 45.0 $ 40 Roseville NA NA $ 25.0 $ 65.0 $ 25.0 $ 25.0 Shoreview NA NA $ 250.0 $ 25.0 $ 40.0 $ 40.0 South St. Paul NA $ 75.0 $ 25.0 $ 50.0 $ 25.0 NA St, Louis Park - $ 200.0 $ 250.0 $ 70.0 $ 70.0 $ 75.0 St. Paul $ 164.0 $ 317.0 $ 317.0 $ 66.0 $ 120.0 $ 120.0 White Bear Lake $ 30.0 $ 45.0 $ 22.0 $ 35.0 $ 35.0 $ 35.0 Woodbury NA $ 25.0 $ 25.0 NA NA NA Average $ 186.3 $ 106.1 $ 110.8 $ 64.7 $ 52.3 $ 58.7 Page 2 City o6okl n Center Su esteltense Fe y 99 es 10/6/97 Type of License Current Target Target Target Current Add'I 1997 Proj. 1998 Proj. 1999 Proj 2000 Fee Fee 1998 Fee 1999 Fee 2000 Revenue Revenue Revenue Revenue Revenue Vehicle Dealership 150 200 225 250 1050 0 1400 1575 1 750 Garbage Hauler 35/20 5 75/25 85/25 2180 0 2825 3225 3385 Bowling Alley* 10 15 20 20 70 0 350 0 0 1400 1 400 Courtesy Bench* 12 20 20 25 4 320 800 1000 10 00 Commercial Kennel 50 75 75 100 50 0 75 75 100 - - - . - -- - - -- - - -- - -- - - -- -. - -- - - - -- -- - - - -- --- Station'` 40/5 50/10 75/1 0 90/10 1490 0 2670 2 995 3190 Pool /Billiards* 25 30 30 35 300 - 6 - 0 300 350 350 Amusement 50 60 70 75 5900 0 7080 82 60 8850 - - - - -- - - - .. _._ . -- - - - -- - - -- - -- - - - -- - - - - - -- -- - -- - - -- - 850 Dance* 100 125 150 175 200 50 300 3 50 350 Taxicab* _ 25 50 75 100 675 675 2025 2700 - - - -- - 2700 - - - - - -- -- - - - -- -- - - - - -- - — - -- - - 2700 Tobacco* 50 100 125 150 1300 1300 3250 3900 3900 Christmas Trees 30 40 50 60 150 0 200 250 3 00 - - -- -- - - - - -- - - - -- - -- - - -- -- -- Mechanical - -- - - - - 45 50 50 -- 60 3375 0 3750 - - -- - - - -- 3750 -- - 450 0 Sign 50 55 60 60 600 0 660 720 720 Rental ** 129 25 - -- - - - -- - - -- - - -- - - - - -- . - - - - -- - - -- - - - -- - - - - -- - -- 12 50 /sng 25 /sng /sng 30 /sng 1612 250 3225 32 25 3870 56 duplexes 17.50 /dup 50 /dup 50 /dup — 55 /dup 980 390 2800 2800 3080 259 buildings 10 /bldg + 50 /bldg + 50 /bldg + 55 /bldg + 2590 3240 12950 1 2950 14245 3,696 units 2.50 /unit 2.50 /unit 2.50 /unit 3.00 /unit 9240 0 9240 9240 11088 Totals 1 328721 66351 549501 587651 64778 *licenses expire 12/31 and reflect revenue in the previous year * *Brooklyn Center rental dwelling licenses are biennial (the fees reflect annual fees) Page 1 City of Brooklyn Center Agreat place to start. A great place to stay. • MEMORANDUM TO: Michael J. McCauley, City Mana er FROM: Sharon Knutson, City Clerk DATE: October October 10, 1997 SUBJECT: AMENDED - Licenses for Council Approval The following companies /persons have applied for City licenses as noted. Each company /person has fulfilled the requirements of the City Ordinance governing respective licenses and submitted appropriate applications and paid proper fees. Licenses to be approved by the City Council on October 14, 1997: MECHANICAL SYSTEMS Affordable Heating & A/C, Inc. 1069 Mckee Street, Eagan Erickson Plumbing, Heating & Cooling 9212 Isanti Street NE, Blaine Fisher- ' Bork Sheetmetal Company, Inc. 1441 Iglehart Avenue, St. Paul Midland Heating 6442 Penn Avenue S., Richfield RENTAL DWELLINGS Initial• Manuel T. Woods 819 -21 55th Avenue North Renewal: Midwest Management Basswood Apartments George Lucht 5105 Brooklyn Blvd. David Wagtskjold 6845 Willow Lane SIGN HANGER Schad -Tracy Signs, Inc. 1610 E. Cliff Road, Burnsville TOBACCO RELATED PRODUCTS Tobacco Leaf 6300 -B Brooklyn Blvd. U. S. Tobacco, Inc. 6914 Brooklyn Blvd. • 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer City of Brooklyn Center A great place to start. A great place to stay. • MEMORANDUM TO: Michael J. McCauley, City Mana er FROM: Sharon Knutson, City Clerk vat DATE: October 9, 1997 SUBJECT: Presentation: Random Acts of Kindness I. Mayor Kragness will briefly describe the Random Acts of Kindness. II. Mayor Kragness will read the names of the recipients of Random Acts of Kindness certificates of appreciation. III. Mayor Kragness will ask those present in the audience whose names were called to please stand, applause. • IV. Mayor Kragness will announce that t Y � hose present will receive the certificates immediately following the meeting; for those not present or those who cannot stay until the meeting is over, the certificates will be mailed. • 6301 Shingle Creek Pkwy, Brooklyn Center, WN 55430 -2199 • City Hall & TDD Number (612) 569 -.3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer City of Brooklyn Center A great place to start. A great place to stay. • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk S►?L t \/Y�i,UidU DATE: October 9, 1997 SUBJECT: An Ordinance Amending Chapter 6 of the City Ordinances Regarding the Administrative Code The attached ordinance was first read on September 22, 1997, published in the official newspaper on October 1, 1997, and is offered this evening for a second reading and public hearing. One minor change was made to the ordinance amendment in Section 6 -102. The first sentence as initially approved read, "The administrative services of the City shall be divided into such the €ellav�4itg departments and divisions as may be established by resolution of the city council upon • recommendation of the city mana eg_r This sentence has been changed to remove the word "divisions." In accord with this ordinance amendment, attached is a Resolution Establishing the City's Departments. Since the ordinance amendment becomes effective 30 days after its final passage and publication, the resolution also becomes effective on that date (November 21, 1997). Attachment 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 - City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 - FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer • September 18, 1997 MEMO: TO: Michael J. McCauley, City Manager FROM: '.. a Chambers, Assistant City Manager/HR Director SUBJECT: Amendment of Administrative Code, Chapter 6 At the Council work session and goal setting meeting of Saturday, August 8, 1997, proposed changes in the department structure of the City's organization were discussed with the City Council. It is proposed to organize recreation, buildings and maintenance, and the golf course into one department, separate from the Public Services department in which these activities now take place. In order to proceed with finalizing the re- organization plan and recruitment of a department head for the new department, revision of the City's Administrative Code, Chapter 6 is necessary. • The City Charter, in Section 6.03, specifies that the City Council may create or abolish such departments, division, and bureaus for the administration of the City's affairs as may seem necessary, and from time to time alter their powers and organization. It may, in conjunction with the City manager, prepare a complete administrative code for the City and enact it in the form of an ordinance, which may be amended from time to time by ordinance. Attached lease find Chapter 6. This streamlined version of a streamlined Administrative Code Cha e s ,P P the administrative code complies with all Charter requirements, yet provides greater flexibility for both the City Manager and the Council to make re- organization efforts as they are needed. By adopting the streamlined administrative code, the Council will not have to go through the ordinance amendment process. This change is similar to that recently adopted by eliminating the personnel ordinance, and providing for personnel policies outside of the ordinance process. • CITY OF BROOKLYN CENTER • Notice is hereby given that a public hearing will be held on the 14th day of October, 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 6 of the City Ordinances regarding the administrative code. 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 6 OF THE CITY ORDINANCES REGARDING THE ADMINISTRATIVE CODE THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 6 of the City Ordinances of the City of Brooklyn Center is hereby amended as follows: Section 6 -101. STATEMENT OF INTENT. This ordinance whiek shall be • known as the administrative code of the City of Brooklyn Center , is ,...`,.blish for the di'visieffs, for --p of ereating administrative positiam, and for the ptirpose of deftriiiV the ftmetiam and dttf es of eaeft department, offlee, division, and posit-Rm. Section 6 -102. ADMINISTRATIVE ORGANIZATION. The administrative services of the City shall be divided into such departments as may be established by resolution of the city council upon recommendation of the city manager. Pursuant to the Citv_Charter. the following offices are created in addition to any offices that may be provided for by resolution and offiees md heads thereof md said departments, offiees, &-id positiam are ed. City Man ager's 9ffie. City Manager Deputy Gity Manage G=ity G=I°r_'s 9ffie ..... ............................... City Clerk Department of Fit�eial Serviees Dep uty C ity elel� �Gity T - r easttrel 's Cffiee .. ..... • .... Director of Finance /City Treasurer Deputy Gify Treasure Department of P vile —Servz eeter of Publie Sery ins Department of Pali . Chief of Police Department of Fire Department ........ Fire Chief ORDINANCE NO. • Sectio A n 6 103. DUTIES, AND RESPONSIBILITIES OF THE CITY MANAGER. The city manager shall be the head of the administrative branch of the City government and shall be responsible to the city council for the proper administration of all - affairs relating to the City. The city manager shall have the authorities, duties, and responsibilities conferred upon the city manager by law, the City Charter and City Ordinance not inconsistent with the City Charter. 6- 103.10. Acting City—Manager. --Unless otherwise specified by the city council the city manager shalt designate a member of city staff to act on behalf of the city manager in the city manager's absence. If the city manager's absence is due to susg n ion. disability, or vacancy in the office of city manager. the office shall be performed by ome properly qualified person de ienated by the city council as acting manager, de pttty eity mamg > manager for stteh term as tt may deem neeessary. • Section 6 -105, FUNCTIONS, DUTIES, AND RESPONSIBILITIES OF THE OFFICE OF THE CITY CLERK. The office of the city clerk shall be administered by the city clerk who shall be responsible to and appointed by the city manager. The city clerk or the city clerk's designee shall act as secretary of the city council. The city clerk shall have duties and responsibilities in connection with the keeping and maintaining of the City records and such other duties and responsibilities as may be assigned by the city manager and the provisions of the City Charter. 6- 105.10. Duties and Appointment of Deputy City Clerk The depu , city clerk shall. 1 m a the absence of the ci ty clerk rform all duties normally performed by the city clerk. The deputy city clerk shall be appointed by the ci y manager. 1llL T\UTT '� A aTTI A Tl7l/'1TATT1►?T'TTT 97'` TlET)TTTV GTTY nT T'T)TL p erfarm all duti Ly pVLLVL 111\rLL by fnaftagef-.- ORDINANCE NO. S /)FF4GE OF THE P ffY TREASURE � ' TC1' Sr zS '1'ZGT'�z— inL'ZTI- I— ' J ) a and s h a ll -_ _ r eea rds of all r ealleefiar& , , f by the 1 __ __ffinanees- Section 6 -112. DUTIES,' APPOINTMENT, AND RESPONSIBILITIES OF THE DIRECTOR OF FINANCE FIN A ,. G A T or PgG CITY TREASURER AND DEPUTY CITY TREASURER. • 6- 112.10. Responsible t C' Mana Manager. The director � e du ter •f finance fir&neial city treasurer shall be appointed by the city manager and shall be responsible to, and under the supervision of, the city manager for the management and administration of the department of financial services and city treasurer's office. 6- 112.15. Accounting Methods All books and records shall be maintained in accordance with generally accepted accounting principles as set forth by the Government Accounting Standards Board and in accordance with classifications prescribed by the State Public Examiner's Office wherever practicable 6- 112.20. Duties The director /treasurer shall be financial advisor to the city manager, and shall assist the city manager in the preparation and presentation of the annual budget. The director /treasurer shall have duties and responsibilities in connection with the disbursement and custody of public funds. 6- 112.30. Financial Procedures The director /treasurer shall be responsible for the application of approved financial and accounting procedures and methods employed within the department, and shall recommend to the city manager accounting procedures to be adopted by all administrative departments. • ORDINANCE NO. • 6- 112.40. R The director eports. shall prepare, or supervise the preparation of, all reports requested of the director /treasurer by the city manager or that are required by law. 6- 112.50. Additional Duties- The director /treasurer shall perform any additional duties that may be assigned from time to time by the city manager and by the provisions of the city charter. 6- 112.60. Duties and Appointment of Dept' City Treasurer The deputy city treasurer shall, in the absence of the treasurer, perform all duties normally performed by the city treasurer. The deputy city treasurer shall be appointed by the city manager. Seeti - 1 7 THE !)RG A NIZ A ION AND F T74GTION !'lip � ^ 7��7�� L r IL� '1'�'�I"�7I S "ItTI. - JT DEPART ENT 1 TTT]T SERNqGES. SE-reet Division .... endent of Pr tbrre Se V Utiliti LJ LiP1J1 Government Buildings Division .............. Maintenanee Supervisor Reereation Division ... ............ ........ ReeteatiefBhreete.r for .anri ri . , , f ae iliti es _ . �w L n. tnaitttenanee of the City street system, and for dhee mainteftanee of all City veltieles and 6 113.59. 1 Ufili'ies Division- The ptiblie utilities di-visieft shall respomible for the maintenanee md operation of the sewer and water fiteilifies of the Gey as provided ift Chapter 4 of the City Grdiftanees-. r t� �•�•• ., 111n W Y ibl • res p etts ibl e f or the main t enftnee of the Gity p arks - - - - ORDINANCE NO. • ift - the -C - 6 113.89. Reereatiatt Division, The reereation division shall be respowible for 1.. P'i't.. ..1 L 11 -1 V�y Vl R .Ll. pa rk p 4 DUTIES f AND RE8PG)?4SEBEL4:FlES OF 7TGES AND TITS gSfE)N HEADS f of- X01 - shall ad i se and assist the r ty ma b 6 114.30. RevreseFAative.- The direet-or shall attend meetings and represent the [ rrr�r== rn`•- Fl�lW4a- F►t� -aami n mi41 f t' t ,t e b t ,� ul 1LL LAV1lJf GLJ 1110.' lJSr �JJ1S1iG a a •ti , assi that may be t ti b y th e mamger. adviser to the e eifJ-Aa'141T9g L 11 t h e a ll ,� c le Jl1GL11 ad Y 1JV LLlV s.,1Ly ni ma - _ _ -_- - _ a ..Ll: engineer the superftttendetit of pttbli�e f p erv i ser, of aftd pomible to the eeter -of pttblie serviees a shal r L t as l es as the direetor may frofft time to ti ass Set-ti }±�- TT NGTIEW A ND G A NIZ A TIEW /'1T THE Pe T/' E l�t� ��l�,anzrrz�rrxvrrvr•- �z�r��n� DEP,,-T.TMT -ITT Tl, L,.n L, l,,l 4 4{ • 4. r t t+ ..e 4VtJU1 Juan vcZi3" enkreentefit of all laws of the State of Minneseta and ordifi�es of the Gity. T+e ORDINANCE NO. Section 6 -116, DUTIES, APPOINTMENT AND RESPONSIBILITIES OF THE CHIEF OF POLICE. 6- 116.10. Responsible to City Manager, The chief of police shall be appointed by the city manager and shall be responsible to the city manager for the enforcement of all laws and ordinances in the City, and for the administration and management of the police department, and shall be under the supervision of the city manager. of dhe-depart 6 116.40. Additiong! Duties., 441 . eltief of poliee shaH perform any addition duties may be ass g ned f f.l.a.. to 1. aau l. by the eivy fnaftager. v A�T DEPARTMENT-0411- /'lll —1 94 T TA TTTTJ rlr.Tmr rinl,,rrrrT UL 5 . adfninistration of the z6ftim and sign , of housing --- and building r rreit� ado b y th Git eeammie development, eeammie -redevelopment, &nd the E ai4e Brow Heritage-Eea &ee ien- 8 DUTI A T1T]llT1�TT1►� AN D r[�TIINSEBI rTIES E) r TT �-I)mEGFO � . ^ ^ T L PI Tl�f . LW Vl\ Vl vV1 f for the ' ' and aperttt4ott of the depatIment of ea perform any additional deties that may be assigned from time to fitne by the eity manager. Si Betio 6 1.2- T)!"� A 7�TT7 �T DUTIES Ci /I TT r�Qr- V6.VllVll T� � � 77 DEP A nTMENT UL 7 duties and admittistration of the . ORDINANCE NO. the bylaws of the Broek4ytt Center fire department. Section 6 -124. ADMINISTRATIVE POLICY. 6- 124.10. General Duties of Officers Each officer listed in Section 6 -102 of this code or established by resolution shall perform all duties required of his or her office by State law, City Ordinances, City Charter, and the city manager. 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.) its adoption: Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION ESTABLISHING THE CITY'S DEPARTMENTS WHEREAS, Chapter 6 of the City Ordinances establishes the administrative code of the City of Brooklyn Center, defining offices which are prescribed in the City Charter; and WHEREAS, Chapter 6 of the City Ordinances provides that the City Council, upon recommendation of the City Manager, divide the administrative services of the City into departments. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the following departments be and hereby are established: 1. Administration *Services include: human resources, purchasing, elections, licenses, communications, and management information systems. is 2. Community Activities, Recreation, and Services *Services include: recreation programs, community center, golf course, and government buildings. 3. Community Development •Services include: assessing, inspections, EDA/HRA, planning, zoning, Earle Brown Heritage Center. 4. Finance •Services include: accounting, audit, utility billing, risk management, and liquor stores. 5. Fire *Services include: fire prevention, fire suppression, and emergency preparedness. 6. Police *Services include: patrol, investigation, crime prevention, and dispatch. 7. Public Works Department *Services include: engineering, street maintenance, parks maintenance, sanitary and storm sewer, water, and central garage. • BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Y Center, Minnesota, that this resolution shall become effective November 21, 1997. RESOLUTION NO. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. its adoption: Member Robert Peppe introduced the following resolution and moved RESOLUTION NO. 97 -181 RESOLUTION ESTABLISHING THE CITY'S DEPARTMENTS WHEREAS, Chapter 6 of the City Ordinances establishes the administrative code of the City of Brooklyn Center, defining offices which are prescribed in the City Charter; and WHEREAS, Chapter 6 of the City Ordinances provides that the City Council, upon recommendation of the City Manager, divide the administrative services of the City into departments. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the following departments be and hereby are established: 1. Administration *Services include: human resources, purchasing, elections, licenses, communications, and management information systems. 2. Community Activities, Recreation, and Services •Services include: recreation programs, community center, golf course, and government buildings. 3. Community Development *Services include: assessing, inspections, EDA /HRA, planning, zoning, Earle Brown Heritage Center. 4. Finance *Services include: accounting, audit, utility billing, risk management, and liquor stores. 5. Fire *Services include: fire prevention, fire suppression, and emergency preparedness. 6. Police *Services include: patrol, investigation, crime prevention, and dispatch. 7. Public Works Department *Services include: engineering, street maintenance, parks maintenance, sanitary and storm sewer, water, and central garage. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that this resolution shall become effective November 21, 1997. RESOLUTION NO. 97 -18 October 14, 1997 Date Mayor ATTEST: J" 1�'� City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Kay Lasman and upon vote being taken thereon, the following voted in favor thereof: Myrna Kragness, Kathleen Carmody, Debra Hilstrom, Kay Lasman, and Robert Peppe; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. /00" PROCLAMATION • DECLARING OCTOBER AS NATIONAL BREAST CANCER AWARENESS MONTH AND OCTOBER 17, 1997, AS NATIONAL MAMMOGRAPHY DAY WHEREAS, this year, more than 180,000 women in the United States will learn for the first time that they have breast cancer, and more than 40,000 women will lose their lives, 720 in the state of Minnesota alone; and WHEREAS, early detection and prompt treatment can significantly reduce the suffering and deaths caused by this disease; and WHEREAS, in recognition of the fact that mammography, an "x -ray" of the breast, is the single most effective method of treating breast changes that may be cancer, long before physical symptoms can be seen or felt. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, do hereby proclaim October as National Breast Cancer Awareness Month and October 17, 1997, as National Mammography Day, and I urge all women and their families in Brooklyn Center to get the facts about mammography. Date Mayor Attest: City Clerk The Minnesota Breast and Cervical , Cancer Control Program Minnesota Department of Health WHAT A statewide comprehensive breast and cervical cancer control program. The primary objective is to significantly increase the proportion of age- appropriate women who are screened for breast and cervical cancer. The Program reimburses the following services: • Physical breast exam • Mammography • Pap testing and pelvic exam • Colposcopy and colposcopy- directed biopsy • Fine needle aspiration of a breast lump WHO: Women who have financial barriers to regular screening. Eligibility is determined by age, income, and insurance coverage. Emphasis is on reaching women age 50 and over. Generous income guidelines apply. � HOW, B y.. • Paying for breast and cervical cancer screening for eligible women at participating locations. Assuring appropriate referral and follow -up for women screened. Educating the public about the importance of screening. Raising awareness among health professionals. Promoting quality assurance standards and mobilizing a statewide coalition. Offering relevant professional education to providers. WHERE Over 200 participating health care facilities throughout Minnesota. WHY. Early detection saves lives. MBCCCP provides screening services to Minnesota women least able to afford the benefits of life- saving early detection. i WHEN: Program established in July 1991. Screening started January 1992. FUNDING U.S. Centers for Disease Control and Prevention. Administered by the Minnesota Department of Health. FOR FURTHER INFORMATION, CONTACT Minnesota Breast and Cervical Cancer Control Program at (612) 623 -5500, 717 Southeast Delaware Street, P.O. Box 9441, Minneapolis, MN 55440 -9441 Fax (612) 623 -5520 i For a referral, please call: 1- 888 -6- HEALTH � t•.Hagron�tonnsJac:597.�m5 5J7 Si3: recyc:ed rose / /U6 City of Brooklyn Center A great place to start. A great place to stay. MEMORANDUM TO: Mayor Kragness, Councilmembers Carmody, Hi trom, L an, and eppe FROM: Michael J. McCauley, City Manager DATE: October 9, 1997 SUBJECT: Set Date and Time of City Council Work Session I would ask that the Council set date for general Council Work Session as November 3, 1997, at 7 p.m. in City Hall Conference Room B. 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 its adoption: Member introduced the following resolution and moved • RESOLUTION NO. RESOLUTION RECEIVING AND ACCEPTING SUMMARY REPORT OF KEY CONCLUSIONS AND FINDINGS PREPARED BY CARL H. NEU, JR. WHEREAS, the City Council met in a facilitated workshop on August 23, 1997, to discuss critical issues facing the City, review and revise 1997 goals, and to establish proposed goals for calendar year 1998; and WHEREAS, the facilitator, Carl H. Neu, Jr., has prepared a Summary Report of Key Conclusions and Findings. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Summary Report of Key Conclusions and Findings prepared by Carl H. Neu, Jr., be and hereby is received and accepted. 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. �s COMIDANY CITY OF BROOKLYN CENTER, MINNESOTA CITY COUNCIL LEADERSHIP AND GOAL- SETTING WORKSHOP Conducted on August 23, 1997 SUMMARY REPORT OF KEY CONCLUSIONS AND FINDINGS Prepared by Carl H. Neu, Jr. August 25, 1997 • (0 Neu & Company, 1997 CITY OF BROOKLYN CENTER MINNESOTA CITY COUNCIL LEADERSHIP AND GOAL - SETTING WORKSHOP AUGUST 23, 1997 SUMMARY REPORT OF KEY FINDINGS AND CONCLUSIONS I. INTRODUCTION On August 23, 1997, the five City Council members, City Manager, and Assistant City Manager of Brooklyn Center conducted a one -day workshop to set direction on a number of critical issues facing the City, to review and revise the 1997 Goals for the remainder of the calendar Y ear and to establish proposed goals for calendar year 1998. II. KEY ACTIVITIES AND CONCLUSIONS A. Review of Decision - Making Parameters During opening remarks for the Workshop, the facilitator discussed the habits of highly- effective councils with particular emphasis on the following: • The process of strategic thinking and decision making • A review of the Council -City Manager /staff partnership in policy making and implementation Both of these items are detailed in Appendix A to this report. B. Criteria for Decision Making • 1 In preparation for the critical p p issues to be discussed b the attendees s y a proposed set of criteria for decision making was presented to the Council based upon previous conversations conducted between the facilitator and the City Manager. These criteria were established to guide the deliberations among Council, the City Manager and Assistant City Manager during the discussion of the issues presented for discussion by the participants. A copy of the criteria for decision making, as amended by the attendees during the workshop, is contained in Appendix B to this report. C. Issues Discussed by Workshop Participants Starting on the next page is a list of 14 items discussed by the participants. Identified under each issue heading is a list of items to be considered during the discussion. 2 ISSUES • 1. Earle Brown Heritage Center What is the purpose i.e., Historical preservation, bringing people into community, community image what is the Council's and community's vision of its function Financial parameters: must operations produce and positive cash flow? will capital replacement occur — if so, what will be sources of funds? — tax increment — general funds — room tax — would we use tax increment financing (T.I.F.) for continuation of the facility? — is restructuring the current debt an option? willingness to seek enhancements where there is risk conversion of office space to conference — parking inadequacy 2. New Police and Fire Facilities — what projects undertaken if bond passes — community center accessibility, wading pool, locker rooms — city hall ventilation, roof, space what impact if bond does not pass 3. Liquor Stores should the City be in the liquor business if so, what are the financial goals that must be met 3 operating costs — capital replacement can the enterprise borrow for capital improvements if the repayment is in years and terms other methods contribution to the General Fund 4. Redevelopment — prioritize given both staff and financial resource limitation — identify issues that are deferred pending resolution; other issues receiving priority; and those developments that present opportunity to the City — identify specific issues that will receive staff emphasis — range of desired outcomes — source of resources that may be used — general fund — capital improvement — state road monies — special assessments debt — tax increment — tax abatement — grants — dealing with community expectations 5. Review 1997 Goals — which are continuing or should be modified — what actions do we wish to achieve relative to these goals to the remainder of the calendar year 1997 — action plan for council and what staff support is required for these actions 6. Develop 1998 Goals specific targets for action or results • 4 • 7. Long Range Financial Planning — values /principles /parameters on: level of taxes — use of debt fees for service services to be funded 8. Community Involvement — Discover the Center /School District — youth asset building project — recreation programs — principles which types of activities must support full marginal cost which activities will be subsidized other 9. Commissions i _ role of council liaison — role of city staff resources — role of commission vis a vis the City Council — process for selection of Commission members 10. General move out to goals /criteri a/parameters — such as cost target service recipients focus plan to recognize limited staff resources and limited fund 11. Communications and Rumors 12. Reinforcing "Our Image" in Code Enforcement and Ensuring Good "Customer- Service" Skills 13. Golf Course • 5 14. Council Meetings Establishing a citizens forum to precede the formal Council meetings Citizens forum will not be televised • 6 D. Conclusions/Recommendations from Discussion of the Issues • outlined in Item II C. 1. Earle Brown Heritage Center a. What is purpose of EBHC and what are we trying to achieve? convention center • EBHC supports area businesses and may be a key to their success, especially restaurants and hotels • Brookdale -EBHC may have possible synergy once Brookdale issue is resolved • EBHC serves as a community image - focal point • EBHC is a unique facility and setting located within the City of Brooklyn Center A potential purpose is to have the facility serve as a community /senior center. It was concluded by the participants that this potential purpose is not a primary purpose that they will support for the Earle Brown Heritage Center. It was concluded that EBHC essentially has to be run as a business rather than run as a city - subsidized/funded community center ". b. Financial Parameters • Cash Flow. EBHC must pay for the cost of operating the facility but not generate cash required to replace or cover capital costs. It was the consensus of Council that no General Fund subsidies should be made available to cover the operating costs of EBHC. C. Capital Replacement. Capital replacement issue was divided into two subsets: • Replacement costs: replacement costs will be funded through tax increment financing resources although two of the Council members expressed a desire that "if and when possible" that replacement • 7 costs be funded through general fund resources • rather than tax increment financing. • Capital Improvement/Enhancements: Capital s improvements /enhancements funding will be derived from tax increment financing. d. Restructuring of T.I.F./Debt. It was concluded that the City Manager should explore and make proposals for appropriate restructuring of tax increment financing associated with EBHC to generate funds necessary for desired capital improvements/ enhancements. e. Specific Capital Improvements/Enhancements .Discussed • Parking facilities It was concluded that additional parking facilities • may need to be added to deal with parking pressures and the future viability of the Center. Funding for such facilities would, most likely, need to come from tax increment resources. • Conversion of office space to conference facilities. It is concluded that such conversion must pay for itself and generate a positive cash flow which would cover the costs of conversion and repayment of any loans made to achieve the conversion from the pooled fund balances. 2. Police and Fire Facilities a. If the bonds pass: the proposed projects identified in the Issues listing in item 2c(2) would be funded and plans should be made for completing these projects. • 8 b. If bonds don't pass: • it was concluded that the City will have to "do best as it can" under these conditions. 3. Liquor Stores a. Should the City be in the liquor business? It was concluded that the answer was yes for the following reason: • The liquor store currently contributes approximately $100,000 annually to the general fund • Control issues can be dealt with directly by the City through management policies and direction. b. Financial goals It was concluded that the cash generated from City owned liquor stores should be sufficient to cover any principal and interest associated with loans for capital construction associated with these stores and provide for attaining a goal of contributing $75,000 to the General Fund or other designated fund such as the Capital Improvement Fund. C. Construction/Capital Improvements to City Owned Liquor Stores A market study currently is being conducted that will facilitate selection of locations, determine the number of stores, and provide the City with the information necessary to develop financial pro formas used to provide guidance on the future management and direction of City owned liquor stores. is 9 Redevelopment • a. Priority Issues The following were identified as the highest redevelopment issues to receive primary focus of staff and other resources: (1) Brookdale (2) Brooklyn Boulevard (3) 53` Avenue Redevelopment & Linkage Project b. Other important issues that would be addressed after the issues having highest priority as resources and opportunities permitted were: (1) Housing (which is an ongoing effort) (2) Highway 100 (3) Redevelopment by Highway 252 and 66`' Avenue (4) 67`' & Humboldt which is not seen as achievable unless a sufficient source of funds becomes available of the City to finance necessary efforts associated with this concept. (5) 69` & Brooklyn Boulevard (NE corner) C. In general continued work on lakes, trails and parks were seen as ongoing issues for capital funding. d . Further discussion on the priority redevelopment issues: (1) Brookdale: • There is a potential buyer for Brookdale • Potential tax increment finance projects are: Pond — Redevelopment of Brookdale • Special assessments could apply as a • funding source 10 • Some grants may be available that would apply • County road monies • No City general fund monies would be applied to Brookdale (2) Brooklyn Boulevard: • Source of funds for Brooklyn Boulevard: — State road aid monies — Capital improvement monies — Special assessments — Grants — Tax increment financing — County road monies (3) 53` • Continue current efforts • Incorporate neighborhood input as appropriate 5. Review of 1997 Goals The following comments were made pertaining to the 1997 Goals, a copy of which are contained as Appendix D to this report. (a) Comments pertaining to Goal No. 1. Complete comprehensive plan and associated zoning ordinances to support causing and controlling development. • Comp Plan will be completed by December 1997 and will be forwarded to the Metropolitan Council. City will then await approval and make necessary changes. (b) Comments pertaining to Goal No. 2: Initiate community vision and actions to attain that vision. The objective of • it this goal is to sustain the code enforcement program, • meet with residents of "targeted" neighborhoods regarding development plans as well as establish a community -wide vision for the future of Brooklyn Center. Focus on Code enforcement. By December, 1997, determine degree of compliance and report to Council Additional actions to attain include: • Look at letters sent to citizens pertaining to Code enforcement • Soften the language that's in these letters and be more respectful • Establish the expectation of compliance. • Educate the public about City's Code enforcement goals: newsletter articles • (c) Comments pertaining to Goal No. 3: Make visible the positive aspects and accomplishments of B Brooklyn Center as a community while maintaining the momentum on code enforcement and continue to reach out to community organizations. • Be more aggressive with ARM about how can we correct problems and get apartment owners and manager to become more in line with City goals. • Provide feedback to Council - • Provide more information Council reference arm - just to know problems and what is going on. • Consider Council members attending an evening meeting with the apartment owners and managers to discuss the above. This meeting should be achieved by early Spring, 1998. • 12 (d) Comments pertaining to Goal No. 4: Establish a community -based information service and invite positive action by citizens that will generate citizen support for Council and administration of the City and identify options to the City for achievement of this goal, and in 1997 begin to implement approved options. Explore opportunities to work collaboratively with other cities and their human rights outreach efforts. (e) Comments pertaining to Goal No. 5: Remove infrastructure impediments to the redevelopment of Brookdale, research funding sources, and continue discussion with Minneapolis. Brookdale is the highest redevelopment priority for the City and resources and staff efforts should reflect that priority. Comments e (fl s p rtaining to Goal No. 6: Develop a five year financial plan for the City of Brooklyn Center. Continue five -year planning and reevaluation. (g) Comments pertaining to Goal No. 7: Adopt a comprehensive development plan for the City of Brooklyn Center to address housing, redevelopment, transportation opportunities, etc. Continue comp planning to completion. (h) Comments pertaining to Goal No. S: Establish methods to evaluate /assess municipal operations and the benefits derived from the City's interactions with other entities and associations and determine the cost benefit derived for the City. • 13 Continue planning retreat twice a year: January/February • and early August/September. 6. Develop 1998 Goals The following proposed goals were presented for calendar year 1998: a. Develop plan for providing operating and future capital needs funds for the golf course, liquor stores, and Earle Brown Heritage Center. b. Review City's departmental structure with analysis of needs and identification of opportunities for improved service delivery. C. Establish contingency option for Council in the event of funding losses. • d. Establish long -range financial plan for City: (1) 5 -year (2) 10 -20 year appendix of major future needs and possible approaches for addressing these needs e. Implement fire and police plans (1) either build with bond proceeds (2) seek betterment of facilities if no bond monies are available f . City Council will be more active in regional issues affecting the City. (1) Continue work on redevelopment issues with emphasis on: • (2) Brookdale 14 (3) Brooklyn Boulevard (4) 53` while being able to respond to other opportunities. g. Continue Code enforcement with Council review of process and goals with staff to refine the Code enforcement effort. h. Meet with Commission chairs to develop updated goals and missions for each of the City's Commissions. i. Develop a plan to address building needs at City Hall /Community Center for handicapped accessibility, roofing, heating, ventilation and air conditioning and removal of police functions, and citizen access and service. (1) Council chambers (sound system, lights, etc.) (2) ADA accessibility • (3) Roof (4) Entrances (5) Community center (6) Heating, ventilation and air conditioning j. Implement those study recommendations adopted by Council for liquor store and Earle Brown Heritage Center. 7. Long Range Financial Plan Participants agreed that this will be done later to determine Council values and parameters for financial planning, and that this effort will be done in conjunction with the 1998 Goal for establishing a long -range financial plan. 3. Community Involvement • The following conclusions were made relative to this item: 15 a. Encourage the "Discover the Center" group to take its • Youth Asset Building Project citywide. b. A City Council member or a staff person will attend meetings. 9. Commissions. The Council will take appropriate action in pursuit of its 1998 Goal pertaining to meeting with the Commissions. 10. General Item was dropped from the list for discussion. 11. Communications /Rumors Group just discussed issue generally. No guidance or direction provided. 12. Refocusing our Image in Code enforcement and ensuring "customer service" skills. Item was discussed. No specific guidance provided other than that addressed during the 1997 and 1998 Goals. 13. Golf Course The Council indicated a willingness to consider restructuring proposals on the golf course's debt to provide for capital replacement needs and wanted the staff to develop proposals for their consideration. 14. Council Meetings It was decided that a non - televised citizens forum lasting approximately 15 minutes would proceed each formal Council meeting. 16 • 15. Additional item Council members indicated to the City Manager that he should explore the possibility of creating an additional Assistant City Manager position that would focus on managing entrepreneurial activities and special projects within the City. • 17 /0J tion: its ado Member introduced the following resolution and moved P RESOLUTION NO. RESOLUTION ADOPTING GOALS FOR 1998 WHEREAS, the City Council met in a facilitated workshop to discuss goals and objectives for 1998; and WHEREAS, the goals set forth in this resolution are the result of the discussions amongst the Council in the course of the facilitated workshop. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the following goals be and hereby are adopted as the official goals of the City Council directing the leadership priorities for City government. 1. Goal 1: Develop plan for providing operating and future capital needs funds for the golf course, liquor stores, and Earle Brown Heritage Center. 2. Goal 2: Review City's departmental structure with analysis of needs and identification of opportunities for improved service delivery. 3. Goal 3: Establish contingency option for Council in the event of funding losses. 4. Goal 4: Establish long -range financial plan for City: • Five -year • Ten- to twenty-year appendix of major future needs and possible approaches for addressing these needs 5. Goal 5: Implement fire and police plans: • either build with bond proceeds • seek betterment of facilities if no bond monies are available 6. Goal 6: City Council will be more active in regional issues affecting the City. 7. Goal 7: Continue work on redevelopment issues with emphasis on 1) Brookdale; 2) Brooklyn Boulevard; and 3) 53rd Avenue while being able to respond to other opportunities. 8. Goal 8: Continue code enforcement with Council review of process and goals with staff to refine the code enforcement effort. RESOLUTION NO. 9. Goal 9: Meet with commission chairs to develop updated goals and missions for each of the City's commissions. 10. Goal 10: Develop a plan to address building needs at City Hall /Community Center for handicapped accessibility, roofing, heating, ventilation, air conditioning, removal of police functions, and citizen access and service. • Council chambers (sound system, lights, etc.) • ADA accessibility • Roof • Entrances • Community Center • Heating, ventilation, and air conditioning 11. Goal 11: Implement those study recommendations adopted by Council for liquor store and Earle Brown Heritage Center. i 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: October 6, 1997 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Services SUBJECT: An Ordinance Relating to Regulation of Public Right -of -Way; Adding New Sections 25 -1000 through 25 -1032 to the Brooklyn Center Code of Ordinances This proposed ordinance is based on the model right -of -way ordinance that was jointly developed by the City Engineers Association of Minnesota (CEAM) and the League of Minnesota Cities. You may recall that the Council authorized a financial contribution to assist in the development of the model ordinance to clarify cities' authority to regulate the right of way and its use by private utilities such as telecommunications providers. City Attorney Charlie LeFevere, City Engineer Scott Brink, and I have amended the model slightly to accommodate local concerns, but it is reasonably similar to those ordinances being considered for enactment by other Metro area cities. Before considering the ordinance, it is important to understand how we currently do business. Issues of use of right of way generally are: use of the right of way; location of facilities in the right of way; impact • of excavations in the street and on the boulevard and their restoration; and obstructions to the right of way. Some of these issues we have addressed through formal policies and procedures, and some through the development of understandings in the working relationships between staff. Other issues have not at all been addressed. The City has franchise agreements with NSP, Northwest Suburbs cable, and Minnegasco. The provisions of those agreements relating to right of way are fairly general -- in summary, they have permission to locate their equipment in the right of way and to maintain it as necessary. The franchise agreements allow the City to establish a permitting system. We do not have a franchise agreement with US West. We do not have a City permit which regulates in general work in the right of way. We do have a "street cut" permit for private entities other than the private utilities, such as plumbing contractors, desiring to excavate in the street. This permit has no fee except that it does require a deposit to assure restoration is satisfactory. Each of the utilities -- NSP, Minnegasco, US West, and King Videocable -- has its own "Request to Install or Repair Facilities" form which they submit to the City Engineer when they desire to perform work in the right of way. In general, these utilities are familiar with our construction standards, and perform reasonable restoration work. In addition, we work with the utilities well in advance of improvement projects to assure that any work they need to do in the project area is completed at that time. Minnegasco in particular is now coordinating almost all its routine maintenance (such as replacing services) in Brooklyn Center with our Neighborhood Street and Utility Improvement Program. While we have working relationships with the utilities that have in general been reasonably satisfactory, • we have little or no ability to provide incentives for timely completion of work or enforcement capability for those times when the work is less than satisfactory. We have had work on improvement projects come to a halt for two to four weeks while we wait for a utility to come back and finish relocating an underground facility. We have had a utility start work in the boulevard, obstructing a sidewalk, and not come back to finish it for several months. We would have little ability to regulate a new utility provider, such as a telecommunications company seeking to install fiber optic cable throughout the City in the right of way. The ordinance would regulate in a more formal and systematic way the use of rights of way by private utilities, and others seeking to use or obstruct the right of way. In general, the ordinance would provide the City with more leverage than it currently has in directing work in the right of way., at the expense of additional administration. The additional burden of work which would result from the ordinance would be moderate. In an average year, we receive about 15 requests for street excavations. We do not keep a count of obstructions, such as a utility shutting down a lane of traffic around a manhole providing access to an underground vault. As can be seen below, some of the burden of additional work would be a variety of annual reports, and some would be work related to the number of permits which would be issued. In general, the ordinance would: ► Require that entities desiring to obstruct, excavate, or have equipment in the right of way must annually register with the City. ► Require that all registrants annually submit a one year plan and a five year plan for construction and major maintenance. ► Establish a permit system that provides for two types of permits: an excavation permit, and an obstruction permit. The City may establish fees for these permits, as well as a "disruptive fee" to be imposed in the case of unreasonable delays in excavation, obstruction, repair, or restoration. ► Provide the City with the authority to establish restoration standards and penalties should the restoration work not be performed to those standards. ► Require that entities with equipment in the right of way provide the City with mapping data showing the location of its equipment within the public right of way. ► Allow the City to establish specific locations or "corridors" for each type of equipment. ► Allow some flexibility and discretion in its application so it is not unduly burdensome to residents, small businesses, etc. This ordinance is ready for its first reading. Over the next several weeks, we will develop standards and permit fees for the Council to adopt by resolution. The CEAM/League group has hired Springsted Incorporated to develop some model formulas for the different types of fees. The CEAM has also developed suggested standard plates for restoration based on pavement age. We will use these materials to prepare our own standards for Council consideration. • W.. CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 10th day of November 1997, at 7p.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 25 regarding the regulation of the use of public right of way. 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 RELATING TO REGULATION OF PUBLIC RIGHT -OF -WAY; ADDING NEW SECTIONS 25 -1000 THROUGH 25 -1032 TO THE BROOKLYN CENTER CODE OF ORDINANCES. THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER ORDAINS AS FOLLOWS: Section 1. Chapter 25 of the City Ordinances of the City of Brooklyn Center is amended by adding new sections 25 -1000 through 25 -1032 as follows: RIGHT OF WAY MANAGEMENT Section 25 -1000. Findings and Purpose To provide for the health safety and well -being of its citizens and to ensure the structural integrity_ of its streets and the appropriate use of the rights of way the City strives to keep its rights-of-way in a state of good repair and free from unneces ary encumbrances Although the general population bears the financial burden for the upkeep of the rights -of -way, a primary cause for the early and excessive deterioration of its rights -of -wav is frequent excavation Right -of -way obstruction is a source of frustration for merchants business owners and the .general population which must avoid these obstructions or change travel or shopping _plans because of them and has a detrimental effect on commerce Persons whose equipment is within the right-of-way are the primary cause of these frequent obstructions The City holds the rights -of -way within its geographical boundaries as an asset in trust for its citizens. The City and other public entities have invested millions of dollars in public funds to build and maintain the rights-of-way. It also recognizes that some persons by placing their 1 • Ordinance No. equipment in the right -of -way and charging the citizens of the City for goods and services delivered thereby, are using this property held for the un blic good Although such services are often necessary or convenient for the citizens_ such persons receive revenue and/or profit through their use of public ro e In response to the fore oing facts the City has enacted this Right -of -Way Management Ordinance relating to right -of -way permits and administration This Ordinance imposes reasonable regulations on the placement and maintenance of equipment currently within its rights-of-way or to be placed therein at some future time It is intended to complement the regulatory roles of state and federal agencies Under this ordinance persons disturbing and obstructing the rights of way will bear a fair share of the financial re on ibili for their i to . Final this i sp s ty n gnty Finally. nance provides for recoverX of out -of- pocket and projected costs from persons using the public rights-of-way. Section 25 -1001. Definitions The following definitions - ply to the Right-of -Way Management Ordinance of this Code Defined terms remain defined terms whether or not capitalized (a) "Applicant" means any person requesting permission to excavate or obstruct a right of wad (b) "City" means the City of Brooklyn Center Minnesota For purposes of Section 25-1026, city includes its elected officials officers employees and agents (c) "City Cost" means the actual cost incurred by the City for public rights-of-way management including but not limited to costs associated with registering applicants issuing, processing and verifying right -of -way permit applications; inspecting job sites and restoration projects: maintaining, supporting protecting or moving user equipment during public right-of-way work. providing traffic control due to applicant's neglect or inadequate performance: the adequacy of right- of -wav restoration: restoring work inadequately performed: and revoking right-of-way permits and performing all other tasks required by this Right of Way Management Ordinance including other costs the city may incur in managing the provisions of this Right of Way Management Ordinance. d "Department" means the Department of Public Works of the City. (e) "Department Inspector" means any person authorized by the Director to cagy out inspections related to the provisions of this Right of Way anagement Ordinance (f) "Director" means the City Manager, or her or his designee. 2 • Ordinance No. (g) "Disruptive Fee" is the penalty imposed as a result of the adverse impact on City citizens and others who are required to alter travel routes and times resulting from right -of -way obstructions (h) "Emergency" means a condition that (1) poses a clear and immediate danger to life or health, or of a si nificant loss of property or 2) requires immediate repair or replacement in order to restore service to a customer. (i) "Equipment" means any tangible thing in any right-of-way: but shall not include boulevard plantings or gardens planted or maintained in the right -of -way between a person's property and the street curb. (i) "Excavate" means to dig into or in anyway remove or physically disturb or penetrate any part of a right -of -way except horticultural practices of penetrating the boulevard area to a depth of less than 12 inches. (k) "Excavation Permit" means the permit which must be obtained before a person may excavate in a right -of -way. An excavation permit allows the holder to excavate that part of the right of way described in such permit 1 -"Excavation Permit Fee" means money aid to the City by an applicant to cover the costs as provided in Section 25 -1009 (m) "In." when used in conjunction with "right-of-way," means over above in within on or under a right -of -way_. (n) "Local Representative" means a local person or persons or designee of such person or persons authorized by a registrant to accept service and to make decisions for that registrant regarding all matters within the scope of this Right- of -Wav Management Ordinance (o) "Obstruct" means to place any object in a right -of -way so as to hinder free and open passage over that or any part of the right -of -way. (p) "Obstruction Permit" means the permit which must be obtained before a person may obstruct a right -of -way allowing the holder to hinder free and open passage over the specified portion of that right -of -wavy by placing equipment described therein on the right -of -way for the duration specified therein. (a) "Obstruction Permit Fee" means money paid to the City by a registrant to cover the costs as provided in Section 25 -1009 • . Ordinance No. (r) "Permittee" means any -person to whom a permit to excavate or obstruct a right-of-3y-ay has been granted by the City under this Right of Way Management Ordinance (s) "Person" means any- natural or corporate Pgrson. business association or other business entity _ including but not limited to a partnership a sole proprietorship. a political subdivision, a public or private agency of any kind a utility a successor or assign of any of the foregoing or any other legal entity which has or seeks to have equipment in any right-of-way. (t) "Registrant" means any person who (1 ) has or seeks to have its equipment located in an y right -of -wa or 2) in any way occuuies or uses or seeks to occugy or use the right-of-way or MY equipment in the right -of -wad (u) "Repair" means the temporary construction work necessary to make the right-of-way useable for travel Lv) "Restoration Bond" means a performance bond a letter of credit or cash deposit posted to ensure the availability of sufficient funds to assure that right -of -way excavation and obstruction work is completed in both a timely and quality manner. w "Restore or Restoration" means the process by which an excavated right-Qf-way and surrounding area. including_ pavement and foundation is resumed to the same condition that existed before the commencement of the work (x) "Restoration Cost" means an amount of money paid to the City by a permittee to cover the cost of restoration. (y) "Right -of -Way" means the surface and sl2ace above and below a right -of -way for public roadway. highway street cagmy bicycle lane and public sidewalk purposes in which the City has an interest, including other dedicated rights -of -way for travel purposes and utility easements of the city. (z) "Right -of -Way Management Ordinance" means Sections 25 -1000 through 25 -1032 of this Code (aal "Right -of -Way Permit" means either the excavation permit or the obstruction permit or both depending on the context required by this Right -of -Way Management Ordinance (bb) "Service" or "Utility Service" includes but is not limited to (1) those services provided by a public utility as defined in Minn Stat § 216B.02. subds 4 and 6• (2) telecommunications pipeline communitv antenna television fire and alarm communications water, electricity, light heat cooling • energy, or power services; (3) the services provided by a corporation organized for the purposes set 4 • Ordinance No. forth in Minn Stat § 300-03: (4) the services provided by a district heating or cooling system and (5) cable communications systems as defined in Minn Stat Chap 238 (cc) "SupplementarZ� Application" means an application made to excavate or obstruct more of the right -of -wav than allowed in, or to extend a permit that has already been issued (dd) "Telecommunication Rights-of- User" means a person owning or controlling a facility in the public right-of-w to own or control a facilijy in the public right -of -wav that is used or is intended to be used for transporting telecommunication or other voice or data information For p=oses of this Right -of -Way Management Ordinance a cable communication system defined and regulated under Minn. Stat, Chap 238, and telecommunication activities related to providing natural gas or electric energy services are not telecommunications right-of-way users (ee) "Unusable Equipment" means eg uilment in the right -of -way which has remained unused for one vear an d for which the registrant is unable to provide proof that it has either a plan to be in using it within the next twelve ( 12) months or a ,potential purchaser or user of the equipment Section 25 -1002. Administration The Citv M ana er i the principal Ci official responsible for the administration g s p p tv o f p ministrat on of the rights -of -wav right-of-way permits and the ordinances related thereto The Mana may delegate any or all of the duties hereunder Section 25 -1003. Registration and Right -of -Way Occupancy Subd. 1. Registration Each person who occupies uses or seeks to occupy or use the right -of -way or any equipment in the right -of -wav including by lease sublease or assigmnent. or who has or seeks to have equipment in any right-of-way must register with the Director. Registration will consist of providing application information and paving a registration fee Subd. 2. Registration Prior to Work No person may construct install repair, remove relocate or perform any other work on or use any equipment or any part thereof in any right -of -wav without first being registered with the Director Subd. 3. Exceptions. Nothing herein shall be construed to repeal or amend the provisions of a city ordinance permitting _persons to plant or maintain boulevard plantings or gardens in the area of the right -of -way between their property and the street curb Persons planting or maintaining boulevard plantings or gardens or installing or operating irrigation systems shall not be deemed to use or occu v the ri ht -of -w v p g a .and shall not be required to obtain any permits or satisfy any other g requirements for planting-or or maintainin such boulevard lantin • q p a g bo plantings or gardens under this Right -of- 5 • Ordinance No. Way Management Ordinance. However excavations deeper than 12 inches are subject to the permit requirements of section 25 -1006 Registration shall not be required for private driveways or walkways, sewer and water connections serving individual properties or equipment of a private landowner which is within the right -of- -way and between that owner's property and the street curb: however such activities are not exempt from permitting requirements of section 25 -1006 Section 25 -1004. Registration Information Subd. 1. Information Required The information provided to the Director at the time of registration shall include, but not be limited to: (a) Each registrant's name Gopher One -Call registration certificate number address and e-mail address if applicable, and telephone and facsimile numbers (b) The name, address and e-mail address if applicable and telephone and facsimile numbers of a local representative. The local representative or designee shall be available at all times Current information regarding how to contact the local representative in an emergency shall be provided at the time of registration c Such other information as the City ma require includin but not limited to roof of adequate �� ..g � � public liability insurance Subd. 2. Notice of Changes The registrant shall keep all of the information listed above current at all times by providing to the Director information as to changes within fifteen (15) days following the date on which the registrant has knowledge of any change Section 25 -1005. Re orting Obliizations Subd. 1. Operations. Each registrant shall at the time of registration and by December 1 of each year, file a construction and major maintenance plan with the Director. Such plan shall be submitted using a format desi nag_ted by the Director and shall contain the information determined by the Director to be necessary to facilitate the coordination and reduction in the frequency of excavations and obstructions of rights -of -way. Reporting shall not be required for projects which are to be undertaken only in conjunction with city pro'el cts The plan shall include but not be limited to the following information: La) The locations and the estimated beginning and ending dates of all Pro -ects to be commenced during the next calendar year (in this section a "Next -year Project") and 6 • Ordinance No. (bl The tentative locations and estimated beginning and ending dates for all Projects contemplated for the five years following the next calendar year (in this section a "Five Year Project "). The term "project" in this section shall include both Next -year Projects and Five- ear Projects By January 1 of each .year the Director will have available for inspection in the Director's office a composite list of all Projects of which the Director has been informed in the annual plans All registrants are responsible for keeping themselves informed of the current status of this list Thereafter. by February I. each registrant may any Project in its list of Next -year Projects and must notify the Director and all other registrants of all such changes in said list Notwithstanding the foregoing a registrant may at any time join in a Next-year oject of another registrant listed by the other registrant. Subd. 2. Additional Next -year Projects Notwithstanding the foregoing the Director mayor good cause shown, allow a registrant to submit additional Next -year Projects Good cause includes, but is not limited to, the criteria set forth in Section 25 -1014 concerning the discretionary issuance of p ermits. Section 25 -1006. Permit Requirement Subd. 1. Permit Required. Except as otherwise provided in this Code no person may obstruct or excavate any right -of -way without first having obtained the appropriate right -of -way permit from the Director to do so. (a) Excavation permit. An excavation permit is required by a registrant to excavate that part of the right -of -way described in such permit and to hinder free and open passage over the specified portion of the right -of -wax by-p-l—acing equipment described therein to the extent and for the duration specified therein. (b) Obstruction permit An obstruction permit is required by a registrant to hinder free and open passage over the specified portion of right-of-way by placing equipment described therein on the right-of z - yqy. to the extent and for the duration specified therein Subd. 2. Permit Extensions No person may excavate or obstruct the right-of-way beyond the date or dates specified in the permit unless such person it makes a supplementary application for another right -of -way permit before the expiration of the initial permit and (ii) a new permit or permit extension is granted 7 • Ordinance No. Subd. 3. Disruptive Fee. Notwithstanding subd 2 of this section even if a new permit or permit extension is granted the Director shall establish and impose a disruptive fee as a civil 12enal1y for unreasonable delays in right -of -way excavation obstruction repair or restoration Subd. 4. Permit Display. Permits issued under this Chapter shall be cons icp uously displayed at all times at the indicated work site and shall be available for inspection by the Director Section 25 -1007. Permit Applications Application for a permit is made to the Director ght of way ep rmit applications shall contain and will be considered complete only upon compliance with the requirements of the following provisions: (a) Registration with the Director pursuant to this Chapter: (b) Submission of a completed permit application form including all required attachments and scaled drawings showing the specific location and area of the proposed project and the detailed location of all existing and proposed equipment c Payment of all money due to the City for (1)permit fees and costs, Q)prior obstructions or excavations: (31 any loss. damage, or expense suffered by the City because of applicant's prior excavations or obstructions of the rights -of -way or any mergencv actions taken by the CiW (4) franchise fees if applicable Wj When an excavation permit is requested for purposes of installing additional equipment and the posting of a restoration bond for the additional equipment is insufficient the op sting of an additional or larger restoration bond for the additional equipment may be required Section 25 -1008. Issuance of permit: conditions Subd. 1. Permit Issuance If the Director deten that the applicant has satisfied the requirements of this Chapter. the Director may issue a permit 8 Ordinance No. Subd. 2. Conditions. The Director may impose reasonable conditions on the issuance of the permit and the performance of the applicant thereunder to protect the public health safety and welfare, to ensure the structural integrity of the right -of -way, to protect the property and safety of other users of the right -of -way, and to minimize the disruption and inconvenience to the traveling p ublic. Section 25 -1009. Permit Fees Subd. 1. Excavation Permit Fee The Excavation Permit Fee shall be established by the Director in an amount sufficient to recover the City costs Subd. 2. Obstruction Permit Fee The Obstruction Permit Fee shall be established by the director and shall be in an amount sufficient to recover the City cost Subd. 3. Pavment of Permit Fees No excavation permit or obstruction permit shall be issued without payment of such fees before the issuance of such a permit Subd. 4. Non refundable Permit fees that were paid for a permit that the Director has revoked for a breach as stated in Section 25 -1019 are not refundable Subd. 5. Use of Permit Fees All obstruction and excavation permit fees shall be used solel for gm management. construction maintenance and repair costs of the right -of-wa . Section 25 -1010. Right -of -Way Repair and Restoration Subd. 1. Timing. The work to be done under the excavation permit and the repair and restoration of the right -of -wav as required herein must be completed within the dates specified in the permit increased by as many days as work could not be done as determined by the Director because of extraordinary circumstances beyond the control of the permittee or when work was prohibited as unseasonal or unreasonable under Section 25 -1003 In addition to repairing its own work the permittee must restore the general area of the work,and the surrounding areas including the paving and its foundations to the same condition that existed before the commencement of the work and must inspect the area of the work and use reasonable care to maintain the same condition for twelve (12) months following acceptance cceptance by the cites Subd. 2. Repair and Restoration Permittee shall repair its own work In addition, in its application for an excavation permit the permittee may choose either to have the City restore the right of w2y or to restore the right-of-way itself. i 9 • Ordinance No. (a) City Restoration If the pennittee chooses to have the City restore the right of way it shall nay the costs thereof within thirty (30) days of billing If. during the twelve (12) months following such restoration the pavement settles due to permittee's improper backfilling, the permittee shall way to the City within thirt,..y (30) days of billing the cost of repairing said pavement The Manager may require the permittee to provide a payment bond or prepay the estimated costs of such restoration, the unused portion of which shall be returned to the permittee (b) Permittee Restoration If the .permittee chooses to restore the right-of-way itself, it shall at the time of application for an excavation permit post a restoration bond in an amount determined by the Director to be sufficient to cover the cost of restoring the right -of -way to its pre- excavation condition. I£ twelve (12) months after completion of the restoration of the right -of -way. the Director determines that the right -of -way has been properly restored the surety on the restoration bond shall be released. Subd. 3. Standards The permitted shall perform repairs and restoration according to the standards and with the materials specified by the Director. The Director shall have the authority to prescribe the manner and extent of the restoration and may do so in written procedures of general application or on a case -by -case basis The Director in exercising this authority shall be guided by the following • standards and considerations (a) The number, size. depth and duration of the excavations disnzptions or damage to the right -of -way; (b) The traffic volume carried by the right-of-way. character of the neighborhood surrounding the right -of -w• (c) The pre - excavation condition of the right-of-way, remaining life expectancv of the right -of -way affected by the excavation: Ld) Whether the relative cost of the method of restoration to the permittee is in reasonable balance with the prevention of an accelerated depreciation of the right -of -way that would otherwise result from the excavation. disturbance or damage to the right -of -way: and (e) The likelihood that the particular method of restoration would be effective in slowing the depreciation of the right -of -way that would otherwise take place Subd._ 4. Guarantees By choosing to restore the-rip-ht-of-way itself, the permittee guarantees its work and shall maintain it for twelve (12) months following its completion During this 12 -month period it shall upon notification from the Director, correct all restoration work to the extent nec essary. using the method required by the Director. Said work shall be completed within five (5) calendar days of the receipt of the notice from the Director, not including days during which 10 • Ordinance No. work cannot be done because of circumstances constitutinil force majeure or days when work is prohibited as unseasonal or unreasonable under Section 25 -1013 Subd. 5. Failure to Restore If the Permittee fails to restore the right -of -way in the manner and to the co itio re ui ed b the Director. fails-to satisfactorily � s s ctonly and timely complete all restoration required by the Director, the Director at its option may do such work In that event the permittee shall pay to the City within thirty (jo -days of billing the cost of restoring the right of way If permittee fails to p ay as required the city may exercise its rights under the restoration bond Section. 25 -1011. Joint Applications Subd. 1. Joint Application Registrants may jointly apply for permits to excavate or obstruct the right -of- -way at the same place and time Subd. 2. With City Projects Registrants who join in a scheduled obstruction or excavation performed by the Director, whether or not it is a joint application by two or more registrants or a sin lea application, are not re uired to a the � pp � p y obstruction portion of the permit fee for that part of the work which falls within the ci r 'ect construction limits. The obstruction p ortion of the fe t� o —J s p e will be required for work which occurs outside of the city project construction limits and for work within such construction limits which is not completed by the cijy pro completion date. Subd. 3. Shared Fees Registrants who apply for permits for the same obstruction or excavation which the Director does not perform may share in the payment of the obstruction or excavation permit fee. Registrants must agree among themselves as to the portion each will pay and indicate the same on their applications Section 25 -1012. Supplementary Applications Subd. 1. Limitation on Area A right -of -way permit is valid only for the area of the right of wav specified in the permit No permittee may do any work outside the area specified in the permit except as provided herein Any permittee which determines that an area greater than that specified in the permit must be obstructed or excavated must before working in that greater area (i) make application for a permit extension and pa�any additional fees required thereby, and (ii) be granted a new permit or permit extension Subd. 2. Limitation on Dates A right- of- way-permit is valid only for the dates specified in the permit. No permittee may begin its work before the permit start date or, except as provided herein continue working after the end date If a permittee does not finish the work by the permit end date it must apply for a new permit for the additional time it needs and receive the new i 11 Ordinance No. permit or an extension of the old permit before working after the end date of the previous permit This supplementarv_application must be done before the permit end date Section 25 -1013 Other Obliizations. Subd. 1. Compliance With Other Laws Obtaining a right- of- waypermit does not relieve permittee of its duty to obtain all other necessary permits licenses and authori1y and to pay all fees required by any other City. ounty. State or Federal rules laws or regulations A permittee shall comply_ with all requirements of local state and federal laws including Minn Stat §§ 216D.01-.09 ( "One Call Excavation Notice System "). A permittee shall perform all work in conformance with all applicable codes and established rules and regulations and is responsible for all work done in the right -of -way pursuant to its permit regardless of who does the work Subd. 2. Prohibited Work Except in an emergency, and with the approval of the Director, no right -of -way obstruction or excavation may be done when seasonally prohibited or when conditions are unreasonable for such work. Subd. 3. Interference with Right-of-Way. A permitted shall not so obstruct a right -of -way that the M natural free and clear passage of water throu_hg the Gutters or other waterways shall be interfered with. Private vehicles may not be parked within or next to a permit area unless authorized by the Director. The loading or unloading of trucks next to a permit area is prohibited unless specifically authorized by the permit Section 25 -1014. Denial of Permit Subd. 1. Mandatory Denial Except in an emergency, no right-of-way permit will be granted: (a) To any person required by Section 25 -1003 to be registered who has not done so: (b) To any -person required by Section 25 -1005 to file an annual report but has failed to do so; (c) For any Next -year Project not listed in the construction and major maintenance plan required under Section 25 -1005• Ld) For any project which requires the excavation of my portion of a right -of -way which was constructed or reconstructed within the preceding five years: (e) To anv person who has failed within the past three (3) years to comply, or is presently not in full compliance with the requirements of this Right-of-Way Management Ordinance; • 12 • Ordinance No. (fl To anv person as to whom there exists grounds for the revocation of a hermit under Section 25- 1019: or (2) If in the discretion of the Director the issuance of a permit for the particular date and/or time would cause a conflict or interfere with an exhibition celebration festival or any other event The Director, in exercising this discretion shall be guided by the safety and convenience of ordinary travel of the public over the right -of -way and by considerations relating to the public health safety and welfare. Subd. 2. Permissive Denial The Director may deny a permit to protect the public health safety and welfare, to prevent interference with the safety and convenience of ordinary travel over the right -of -way or when necessary to protect the right -of -way and its users The Director in her or his discretion, may consider one of more of the following factors: (a) the extent to which right -of -way space where the permit is sought is available; (b) the competing demands for the particular space in the right -of -way; (c) the availability of other locations in the right -of -way or in other rights -of -wav for the equipment of the permit applicant: (d) the applicability of ordinance or other regulations of the right-of-way that affect location of equipment in the right -of- way.: (e) the degree of compliance of the applicant with the terms and conditions of its franchise this Right -of -Way Management Ordinance and other applicable ordinances and regulations: (fl the degree of disruption to surrounding communities and businesses that will result from the use of that part of the right -of -way_ (g) the condition and age of the right -of -wav and whether and when it is scheduled for total or partial reconstruction: and (h) the balancing of the costs of disruption to the public and damage to the right of way against the benefits to that part of the public served by the expansion into additional parts of the right of way Subd. 3. Discretionary Issuance Notwithstanding the provisions of Section 25-1014, subd 1 (c) and (d). the Director may issue a permit in anv case where the permit is necessary (a ) to prevent substantial economic hardship to a customer of the ep rmit applicant or (b) to allow such customer • to materially improve its utility service or (c) to allow a new economic development projector 13 Ordinance No. otherwise required by law: and where the permit applicant did not have knowledge of the hardship, the plans for improvement of service or the development 1roject when said applicant was required to submit its list of Next -year Projects Subd. 4. Permit for Addition Next-year r ' c s. Notwithstanding the rov' ' S_ i s o I y ar P ode t provisions of Section 25 - 1014. subd. 1 (c) above the Director may issue a permit to a registrant who was allowed under Section 25 -1005 Subd 2 to submit an additional Next -year Project such permit to be subject to all other conditions and requirements of law including such conditions as may be imposed under Section 25 -1008. Section 25 -1015. Installation Requirements The excavation backfilling and restoration and all other work performed in the right ofway shall be done in conformance with "The Standard Specifications for Street Openings' as rn omul ate ed by the Director and at a location as required by Section 25 -1021 Section 25 -1016. Inspection Subd. 1. Notice of Completion The permittee shall notify the Director upon the completion of the work under any permit and at My stage of the work of the project specified in the permit or standard specifications of the city. Subd. 2. Site Inspection Permittee shall make the work -site available to the Director and to all others as authorized by law for inspection at all reasonable times during the execution of and upon completion of the work. Subd 3. Authority of Director ' At the time of inspection the Director may order the immediate cessation of any work which poses a serious threat to the life health safety or well-being of f the public. The Director may issue an order to the registrant for any work which does not conform to the applicable standards conditions or codes. The order shall state that failure to correct the violation will be cause for revocation of the permit Within ten (10) days after issuance of the order, the registrant shall present-proof to the Director that the violation has been corrected If such proof has not been presented within the required time the Director may revoke the permit pursuant to Section 25 -1019. Section 25 -1017. Work Done Without a Permit Subd. 1. Emergency Situations Each registrant shall immediately notify the Director of any event regarding its equipment which it considers to be an emergency. The registrant may proceed to take • whatever actions are necessary to respond to the emergency. Within two business days after the 14 • Ordinance No. occurrence of the emergency the registrant shall apply for the necessary permits pay the fees associated therewith and fulfill the rest of the requirements necessary to bring itself into compliance with this Right -of -Way Management Ordinance for the actions it took in response to the emergency, If the Director becomes aware of an emer encv regarding a registrant's equipment the Director may attempt to contact the local representative of each registrant affected or potentially affected by the emergency. In any event the Director may take whatever action it deems necessary to respond to the emergency, the cost of which shall be borne by the registrant whose equipment occasioned the emergency. Subd. 2 Non-Emerszency Situations Except in an emergency, any person who without first having obtained the necessary permit obstructs or excavates a right -of way must subsequently obtain a permit, pay double the normal fee for said permit pay double all the other fees required by this Code of Ordinances deposit with the Director the fees necessary to correct any damage to the right of way and comply with all of the requirements of this Right-of-Way Management Ordinance Section 25 -1018 Supplementary Notification If the obstruction or excavation of the right -of- -way begins later or ends sooner than the date given on the permit permittee shall notify the Director of the accurate information as soon as this information is known. Section 25 -1019. Revocation of Permits Subd. 1 Substantial Breach Registrants hold permits issued pursuant to this Right of Way Management Ordinance as a privilege and not as a right The City reserves its right as provided herein, to revoke any right-of-way permit without a fee refund if there is a substantial breach of the terms and conditions of any statute ordinance rule or regulation or any condition of the permit A substantial breach by permittee shall include but shall not be limited to the following_ (a) The violation of anv material provision of the right -of -way_ permit; (b) An evasion or attempt to evade any material provision of the right- of- way _permit or the peMetration or attempt to perpetrate any fraud or deceit upon the City or its citizens - (c) Any material misrepresentation of fact in the application for a right -of -way permit: (d) The failure to maintain the required bonds and/or insurance, • (e) The failure to complete the work in a timely manner: or 15 Ordinance No. W The failure to correct a condition indicated on an order issued pursuant to Section-25-1016. Subd. 2. Written Notice of Breach If the Director determines that the permittee has committed a substantial breach of a term or condition of any statute ordinance rule regulation or any condition of the permit the Director shall make a written demand upon the 12grmittee to remedy such violation. The demand shall state that continued violations may be cause for revocation of the permit Further, a substantial breach. as stated above will allow the Director, at his or her discretion to place additional or revised conditions on the permit Subd. 3. Response to Notice of Breach Within twen -four (24) hours of receiving notification of the br each. permittee shall contact the Director with a .plan acceptable to the Director for its correction Permittee's failure to so contact the Director or the permittee's failure to submit an acceptable plan or permittee's failure to reasonably implement the approved plan shall be cause for immediate revocation of the permit Subd. 4. Reimbursement of City Costs If a permit is revoked the permittee shall also reimburse the city for the city's reasonable costs including restoration costs and the costs of collection and reasonable attorneys' fees incurred in connection with such revocation Section 25 -1020. Mapping Data. Subd. 1 Information Required Except as provided in subd 2 of this section each registrant shall provide to the Director information indicating the horizontal and vertical location relative to the boundaries of the ri t -of -way of all equipment which it owns or over which it has control and which is located in any right -of- -way ( "Mapping Data"). Mapping Data shall be provided with the specificity and in the format requested by the Director for inclusion in the mapping system used by the Director. Within six (61 months after the acquisition installation or construction of additional equipment or any relocation abandonment or disuse of existing equipment each registrant shall supplement the Mapping Data required herein Each registrant shall within six (6) months after the date of massage of this Right-of-Way Management Ordinance submit a plan to the Director specifying in detail the steps it will take to coffin my with the requirements of this Section Said plan shall provide for the submission of all Mapping Data for the City as early as may be reasonable and practical but not later than five (5) years after the date of passage of this Right -of -Way Management Ordinance • 16 Ordinance No. Notwithstanding the foregoing, Mapping Data shall be submitted by all registrants for all equipment which is to be installed or constructed after the date of passage of this Right of Way Management Ordinance at the time my-permits are sought under these ordinances. After six (61 months after the passage of this Right of Way Management Ordinance a new registrant or a registrant which has not submitted a elan as required above shall Submit come and accurate Mapping Data for all its equipment at the time any permits are sought under these ordinances. Subd. 2 Telecommunication Equipment. Information on existing facilities and equipment of ' telecommunications ri ht- f -wa u er need 1 be su li d in e f ain ed b the �_ telecommunications right -of -way user Subd. 3. Trade Secret Information At the request of my registrant any information requested by the Director. which qualifies as a "trade- secret" under Minn Stat § 13.37(h) shall be treated as trade secret information as detailed therein With respect to the provision of mapping data, the city may consider unique circumstances from time to time required to obtain mapping data Section 25 -1021. Location of Equipment Subd. 1. Undergrounding Unless otherwise permitted by an existing franchise or Minn Stat Sec 216B.34, or unless existing above - ground equipment is repaired or replaced new construction and the installation of new equipment and replacement of old equipment shall be done underground or contained within buildings or other structures in conformity with applicable codes Subd. 2. Corridors The Director may assign specific corridors within the right -of way or any particular segment thereof as may be necessary. for each type of equipment that is or pursuant to current technology. the Director expects will someday be located within the right-of-way. All excavation obstruction or other permits issued by the Director involving the installation or replacement of equipment shall designate the proper corridor for the equipment at issue Any registrant whose equipment is in the right -of -way in a position at variance with the corridors established by the Director shall no later than at the time of the next reconstruction or excavation of the area where its equipment is located move that equipment to its assigned position within the right -of -way unless this requirement is waived by the Director for good cause shown upon consideration of such factors as the rema'nin economic life of the facilities public afe customer a i g o facilities, s ty service needs and hardship to the registrant Subd. 3. Nuisance One year after the passage of this Right -of -Way Management Ordinance any • equipment found in a right -of -way that has not been registered shall be deemed to be a nuisance 17 Ordinance No. unless registration of such equipment has been waived by the Director. The Cijy may exercise any remedies or rights it has at law or in equity including but not limited to abating the nuisance or taking possession of the equipment and restoring the right-of-Au to a useable condition Subd. 4. Limitation of-Space. To protect health and safety, the Director shall have the power to prohibit or limit the placement of new or additional equipment within the rip-ht-of-way- if there is insufficient space to accommodate all of the requests of registrants or persons to occur and use the right-of-way. In making such decisions the Director shall strive to the extent possible to accommodate all existing and potential users of the right -of -way but shall be guided primarily X considerations of the public interest the public's needs for the particular utility service the condition of the right -of- -wav the time of year with respect to essential utilities. the protection of existing equipment in the right -of -way and future City plans for public improvements and development projects which have been determined to be in the public interest Section 25 -1022. Relocation of Equipment A Registrant must promptly and at its own expense with due regard for seasonal working conditions. permanently remove and relocate its equipment and facilities in the right-of- whenever the director requests such removal and relocation and shall restore the right of way to the same condition it was in prior to said removal or relocation The director may make such request to prevent interference by the Co=my's equipment or facilities with (i) a present or future City use of the right -of -way. (ii) a public improvement undertaken by the City, (iii) an economic development project in which the City has an interest or investment (iv) when the public health,, safety and welfare require it. or (v) when necessary to prevent interference with the safety and convenience of ordinary travel over the ri hg t-of -way Notwithstanding the foregoing a person shall not be required to remove or relocate its equipment from any right-of-way which has been vacated in favor of a non - governmental entity unless and until the reasonable costs thereof are first paid to the person therefor. Section 25 -1023. Pre - Excavation Equipment Location In addition to complying with the requirements of Minn tat §§ 216D.01-.09 ( "One Call Excavation Notice System") before the start date of any right-of-way excavation each registrant who has equipment in the area to be excavated shall mark the horizontal and approximate vertical placement of all said equipment Any registrant whose equipment is less that twenty (20) inches below a concrete or asphalt surface shall notes and work closely with the excavation contractor to establish the exact location of its equipment and the best procedure for excavation • Section 25 -1024. Carnage to Other Equipment 18 • Ordinance No. When the Director does work in the right -of way and finds it necessary to maintain sup on rt or move a registrant's equipment to protect it, the Director shall notify the local representative as early as is reasonably,. possible The costs associated therewith will be billed to that registrant and must be paid within thiM (30) days from the date of billing_ Each registrant shall be responsible for the cost of re airing any equipment in the right of way which it or its equipment damages Each registrant shall be responsible for the cost of re an firing any_ damage to the equipment of another registrant caused during the Ci 's response to an emergency occasioneI by that registrant's equipment. Section 25 -1025. Right -of -Way Vacation Subd. 1. Reservation of Right. If the City vacates a right -of -way which contains the equipment of a registrant. and if the vacation does not require the relocation of registrant or permittee equipment, the City shall reserve, to and for itself and all registrants having equipment in the vacated right -of -way. the right to install maintain and operate any equipment in the vacated right-of-way and to enter upon such right -of -way at any time for the 12=ose of reconstructin inspecting-, maintaining re airing the same Subd. 2. Relocation of Equipment: If the vacation requires the relocation of registrant or permittee equipment: and (a) if the vacation proceedings are initiated by the registrant or permittee the registrant or permittee must pay the relocation costs: or (b) if the vacation proceedings are initiated by the city. the registrant or permittee must pay the relocation costs unless otherwise agreed to by the city and the registrant or-permittee: or (c) if the vacation proceedings are initiated by a person or persons other than the registrant or l2ermittee. such other person or persons must pay the relocation costs. Section 25 -1026. Indemnification and Liability. Subd. 1. Limitation Liability. By reason of the acceptance of a registration or the grant of a right -of -way permit the City does not assume any liability (a) for injuries to persons damage to property. or loss of service claims by parties other than the registrant or the Ci1y. or (b) for claims or penalties of any sort resulting from the installation presence maintenance or operation of e uipment by registrants or activities of registrants. Subd. 2. Indemnification By re istering with the Director, a registrant agrees or by accepting a permit under this Chapter, a permittee is required to defend indemnify, and hold the City whole and harmless from_ all costs liabilities and claims for damages of any kind arising out of the construction presence installation maintenance repair or operation of its equipment or out of any • activity undertaken in or near a right -of -way whether or not any act or omission complained of is 19 • Ordinance No. authorized allowed or prohibited by a right-of-my permit. It further agrees that it will not bring, nor cause to be brought anv action suit or other proceeding claiming damages or seeking an, other relief against the City for anv claim nor for any award arising out of the presence installation maintenance or operation of its equipment or any activily undertaken in or near a ri t of way,, whether or not the act or omission complained of is authorized allowed or prohibited by a right-of-my permit The foregoing does not indemnify the City for its own negligence except for claims arising out of or alleging the Ci negligence where such negligence arises out of or is primarily related to the presence installation construction operation maintenance or repair of said equipment by the registrant or on the registrant's behalf, including but not limited to the issuance of permits and inspection of plans or work This section is not, as to third parties a waiver of any defense or immunity otherwise available to the registrant or to the City: and the registrant in defending any action on behalf of the City shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf, Section 25 -1027. Future Uses, In placing - anv equipment. or allowing it to be placed in the right -of -way the Citv is not liable for to any damages caused thereb o any registrant's equipment which is already in place No registrant • is entitled to rely on the provisions of this Right -of- -Way Management Ordinance and no special duty is created as to anygistr _reant This Right- of- Way _Management Ordinance is enacted to protect the general health, welfare and safety of the public at large Section 25 -1028. Abandoned and Unusable Equipment Subd. 1. Discontinued Operations A registrant who has determined to discontinue its operations in the City must either: La) Provide information satisfactory to the Director that the registrant's obligations for its equipment in the right -of -way under this Right-of-Way Management Ordinance have been lawfully assumed by another registrant: or (b) Submit to the Director a proposal and instruments for transferring ownership of its equipment to the City. If a registrant proceeds under this clause the City may, at its option: (1)purchase the equipment: or (2 ) require the registrant at its own expense to remove it: or (3) require the registrant to post a bond in an amount sufficient to reimburse the City for • reasonably anticipated costs to be incurred in removing the equipment 20 Ordinance No. Subd. 2. Abandoned Equipment Equipment of a registrant who fails to comply with subd 1 and which for two (2) years remains unused shall be deemed to be abandoned Abandoned equipment is deemed to be a nuisance The C ity may exercise anv remedies or rights it has at law or in ecguity, includim but not limited to. (i) abating the nuisance (ii) taking_ possession of the equipment and restoring it to a useable condition or (iii) requiring removal of the equipment by the registrant, or the registrant's successor in interest Subd. 3. Removal. Any registrant who has unusable and abandoned equipment in any right of way shall remove it from that right -of -way during the next scheduled excavation unless this requirement is waived by the Director Section 25 -1029. Reservation of Regulatory and Police Powers The City by the granting of a right- of- waypermit or by registering a person under this Right of Way Management Ordinance does not surrender or to anv extent lose waive impair or lessen the lawful Mowers and rights. which it has now or may be hereafter granted to the City under the Constitution and statutes of the State of Minnesota or the Charter of the City to regulate the use of the right - of - way by the permittee• and the permitted by its acceptance of a right of way permit or of • registration under this Right of Way Management Ordinance agrees that all lawful powers and rights, regulatory power or police power or otherwise as are or the same may be from time to time vested in or reserved to the City shall be in full force and effect and subject to the exercise thereof by the City at any time. A permittee or registrant is deemed to acknowledge that its rights are subject to the regulatory and police powers of the City to adopt and enforce general ordinances necessary to the safety and welfare of the public and is deemed to agree to comply with all applicable general laws and ordinances enacted by the City pursuant to such powers Anv conflict between the provisions of a registration or of a right -of -way permit and any other present or future lawful exercise of the City's regulatory or police powers shall be resolved in favor of the latter. Section 25 -1030. Severability. If anv section. subsection entence clause phrase or 1ortion of this Right - of Way Management Ordinance is for any reason held invalid or unconstitutional by any court or administrative agency of competent jurisdiction such portion shall be deemed a separate distinct and independent provision and such holding shall not affect the validity of the remaining_ portions thereof. If a regulatory body or a court of competent jurisdiction should determine by a final non appealable order that any e it right or reszistration i ed d r un an onions of this Right-of-Way p � f y Management Ordinance is illegal or unenforceable then any such permit right or registration • granted or deemed to exist hereunder shall be considered as a revocable permit with a mutual right 21 • Ordinance No. in either pity to terminate without cause upon giving si= (60) days written notice to the other, The requirements and conditions of such a revocable permit shall be the same requirements and conditions as set forth in the permit right or registration respectively, except for conditions relating to the term of the permit and the right of termination If a permit right or registration shall be considered a revocable permit as provided herein he 1ermittee must acknowledge the authority of the City Council to issue such revocable permit and the power to revoke it Nothing-inn-this Right-of- Way Management Ordinance precludes the city from requiring a franchise agreement with the applicant as allowed by law, in addition to requirements set forth herein Section 25 -1031. Appeals. Decisions of the Director in the interpretation and enforcement of this Right of -Way Management Ordinance may be ap eap led by the applicant registrant or permittee to the city council by serving wri tten no o a r e q uest for a ea n the Mana The M a n ager all thereupo wn on f eq an pp t o City g� City sh schedule a public hearing on the appeal before the city council and give notice of the time dace and date of such hearing to the appealing_ party no less than ten (10) days prior to the hearing_ Section 25 -1032. Waiver. • The irector _ _ may waive-any �r all requirements of Sections 5 1003 through 25 -1005 25 1006 through 25 -1009. and 25 -1020 if compliance is not deemed to be reasonably necessary in the discretion of the Director, to serve the purposes of this Right-of- Management Ordinance The decision of the Director not to waive any such requirement is not subject to appeal to the city council. Waiver of provisions of Sections 25 -1003 through 25 -1005 and 25 -1020 may be rescinded by the Director at any time upon written notice to the person subject to the requirement Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. • 22 • Ordinance No. Adopted this day of , 1997. Mayor ATTEST: Clerk Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted.) • • 23 MEMORANDUM • DATE: October 8, 1996 TO: Michael McCauley, City Manager FROM: Joyce Gulseth, Public Services Administrative Aide SUBJECT: Resolution Expressing Appreciation for the Gift of the Bye Family in Memory of Robert Bye In mid -May, the Bye family of Brooklyn Center, contacted the City about donating two park benches in memory of their husband and father who had passed away. In meeting with the family, they indicated an interest in having the benches located in or near Northport Park, which is close to their neighborhood. An Outdoor Classroom was recently developed at Northport Elementary School as part of this year's Arbor Day Celebration. The park benches will enhance that area and will be enjoyed for years to come by the students and teachers. • • 40 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT OF THE BYE FAMILY IN MEMORY OF ROBERT BYE WHEREAS, the Bye family of Brooklyn Center has presented to the City a gift of two park benches to be placed at Northport Elementary School Outdoor Classroom; and WHEREAS, the City Council is appreciative of the gift and wishes to thank the Bye Family for their donation to the elementary students of the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the gift of two park benches is hereby received with gratitude. 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. • ID MEMORANDUM DATE: September 30, 1997 TO: Michael 1 McCauley, City Manager FROM: Jim Glasoe, Acting Recreation Director SUBJECT: Resolution Expressing Appreciation for the Gift of the Lions Club in Support of the Annual Children's Halloween Party The Brooklyn n Center Lions Club h presented re nted to the City a donation of four hundred fifty o dr Y p ty dollars ($450) and has designated that it be used for the October 26 Halloween Party and Swim activity at the Community Center. • its adoption: Member introduced the following resolution and moved • RESOLUTION NO. RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT OF THE LIONS CLUB IN SUPPORT OF THE ANNUAL CHILDREN'S HALLOWEEN PARTY WHEREAS, the Brooklyn Center Lions Club has presented to the City a donation of four hundred fifty dollars ($450) and has designated that it be used for the October 26 Halloween Party and Swim activity at the Community Center; and WHEREAS, the City Council is appreciative of the donations and commends the Brooklyn Center Lions Club 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 special events program. 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. /Oh its adoption: Member introduced the following resolution and moved a RESOLUTION NO. RESOLUTION ADOPTING SCHEDULE FOR REQUESTS FOR PROPOSALS FOR LEGAL SERVICES WHEREAS, the City Council wants to ensure that legal services will be periodically reviewed and that the proper balance will be maintained between cost and quality of services; and WHEREAS, the City Council wishes to establish a schedule to solicit requests for proposals for legal services; and WHEREAS, the schedule should be adhered to unless there is a performance problem or other justification for an earlier request for proposal. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that requests for proposals for civil and criminal services be solicited on an alternating four -year basis. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the first year for soliciting requests for proposals for criminal law services be 1997, and the first year for soliciting requests for proposals for civil law services be 1999. 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. • NOTICE REQUEST FOR PROPOSALS FOR LEGAL PROSECUTION SERVICES The City of Brooklyn Center is accepting proposals for legal prosecution services for criminal cases for the City. The firm selected for provision of these services must have an office located within Brooklyn Center city limits while under contract for prosecution services. Proposals must be received by 4:30 p.m. on Friday, November 14, 1997. For specific information, including instructions and requirements, call City Clerk Sharon Knutson at 569 -3300. • SECTION I. REQUEST FOR PROPOSALS The City of Brooklyn Center is accepting proposals for legal prosecution services for criminal cases for the City. Included in this RFP are the following: 1. A more detailed description of the services to be provided. 2. An outline of proposal requirements. Submitted proposals will be reviewed by a committee whose members will consist of representatives from those City of Brooklyn Center departments with ordinance enforcement personnel. This committee will make recommendations to the city manager. The city manager will review the committee's recommendations and will recommend to the city council no more than two firms as finalists for city council consideration. In order to insure a fair review and selection process firms submitting proposals are specifically requested not to make other contacts to the City staff or council members regarding these proposals SECTION II. INSTRUCTIONS TO PROPOSERS A. Proposals should be submitted to Sharon Knutson, City Clerk, City of Brooklyn Center, 6301 Shingle Creek Parkway, Brooklyn Center, NIN 55430. Proposals must be received no later than 4:30 p.m. on November 14, 1997. B. All proposals submitted must provide information as indicated in this request. Any other information that the proposer wishes to include for evaluation and consideration by the City as part of the proposal may also be included. SECTION III. REQUIRED CONTENTS FOR PROPOSALS A. Firm Background 1. Name of firm 2. Address(es), phone number(s), and FAX number(s) of the firm 3. Brief history of the firm 4. Number of attorneys by their specialties 5. Number of paralegals by their specialties • 6. Number and osition titles of support personnel p Pp P -1- • 7. Description of office organization (organizational chart) 8. Flow chart of work process for municipal prosecution work B. Attorney Qualifications 1. Identify each attorney, paralegal, and support personnel who will be supplying services for which the City will be billed. 2. For each person identified, please state: (a) their relevant academic training and degrees (b) a description of their prior experience in prosecution of criminal matters and an estimate of the hours or percentage of their work in this area during the past four years (c) number of years with your firm, position title(s) and years in these positions, and areas of responsibility with your firm (d) other background or experience which may be helpful in evaluating your proposal 3. A description of the proposed allocation of work between the attomey(s) and support personnel identified (i.e., who will be the primary prosecutor and what • work will be handled by junior partners, associates or paralegals). 4. Current principal responsibilities for individual designated as primary prosecutor including a statement indicating future availability. 5. A description of the availability of and identification of experienced backup prosecutors in the case of illness, turnover, or other loss of personnel. 6. A description of housing building code, fire code and nuisance enforcement experience, including results and recovery of costs and fees for the City. C. Firm Qualifications 1. The names and telephone numbers of three client references whom the City may contact. If your firm has represented any municipalities or governmental agencies during the last four years, state the name of that municipality or agency and the name, title, and telephone number of a reference at that municipality or agency whom the City may contact. If your firm has represented such an entity but does not wish the City to contact that entity, list the name of the municipality or agency, and state your reasons why no contact is requested. -2- 2. A statement of how the workload of Brooklyn Center would be accommodated • and what kind of priority it would be given. 3. Statement of total 1996 and 1997 year -to -date billings related to municipal prosecution services and percentage of municipal prosecution services to total billings. D. Fees 1. Your proposal for the dollar amount of fixed and/or hourly fees and costs your firm will charge for providing the legal prosecution services for criminal matters to the City of Brooklyn Center covered by your proposal. For the hourly fees portion of your proposal, please identify the hourly rate of each attorney, paralegal, and support personnel. Include a separate hourly rate for formal complaint processing. Also state separately the rate for any firm cost items to be billed e. . photocopying). �I ( g , 2. The City of Brooklyn Center requests monthly billing statements which: (a) itemize the date of services (b) identify the attorney, paralegal and/or support personnel providing the services • (c) list time spent d provide a detailed description O p of the services performed P (e) state the fees for those services (f) organize billing for prosecution on the basis of case number (g) summarize monthly (and annually) prosecution costs by type of case If another billing format will be proposed, please describe that format and provide a sample. SECTION IV. PROSECUTION SERVICES DESCRIPTION The services and qualifications that are required for prosecution of criminal cases include, but are not limited to the following: A. Prosecution of gross misdemeanor, misdemeanor and petty misdemeanor cases, including traffic violations, DWI cases, theft, and code violations. B. Prosecution of all gross misdemeanor, misdemeanor, and petty misdemeanor cases that occur in Brooklyn Center and are initiated by the Minnesota State Highway Patrol. • 0 C. Drafting complaints representing the City at court appearances, including omnibus hearings, pretrial conferences, court and jury trials, and post conviction hearings. D. Attorney staffing to represent Brooklyn Center in Division II court for the current assignment of two to three days per week plus jury trials. E. Preparation of regular reports of prosecution activities and staff. F. Advise and consult with city inspection staff regarding abatement of nuisances and other City code violations. G. Meetings between the primary prosecutor and chief of police to review prosecution matters to occur every three to four weeks. H. Office located within city limits of the City of Brooklyn Center while under contract for prosecution services. I. Have a FAX machine located at your firm's office. I The primary prosecutor for the City must have a minimum of at least' five years experience. Experience will consist of at least weekly handling of prosecution matters in addition to the experience of prosecuting at least fifteen jury trials. S K Support staff capable of issuing 900 formal complaints in a year with a two week or less turnaround time enod to the police de artment. P P P L. Support staff that can issue gross misdemeanor complaints immediately on persons held in custody. SECTION V. PROPOSAL EVALUATION UATION AND CONTRACT AWARD A. The City intends to award a contract to the proposer evaluated to be best qualified to perform the work for the City. Cost and other factors considered. Primary evaluation will be based on ability to provide competent and effective prosecution services. B. Based upon the evaluation, the city manager will recommend to the city council the selection of the firm judged to be the most responsive and responsible proposer. The actual selection of the firm and contract award will be made by the city council. C. The City shall not be liable for an expenses incurred by the proposer including, but not limited to, expenses associated with the preparation of the proposal, preparation of a cost proposal or final contract negotiations. • D. The City of Brooklyn Center reserves the right to reject any and all proposals or to J P P -4- request additional information from all proposers. SECTION VI CONTRACT EXECUTION A. Contract Negotiations Notwithstanding a contract award, the City reserves the right to negotiate the final terms and conditions of the contract to be executed. Should the City and the proposer to whom the contract is recommended to be awarded be unable to mutually agree upon the entire contract, the City reserves the right to discontinue negotiations, select another proposer or reject all the proposals. Upon completion of negotiations agreeable to the City and the proposer, a contract shall be executed. B. Contract Ethics I. No elected official or employee of the City who exercises any responsibilities in the review, approval or implementation of the proposal or contract shall participate in any decisions which affects his or her direct or indirect personal or financial interest. 2. It is a breach of ethical standards for any person to offer, give or agree to give any City employee or council member, or for any City employee or council • member to solicit, demand, accept, or agree to accept from another person or firm, a gratuity or an offer of employment whenever a reasonably prudent person would conclude that such consideration was motivated by an individual, group or corporate desire to obtain special, preferential, or more favorable treatment than is normally accorded to the general public. 3. The firm shall not assign any interest in this contract and shall not transfer any interest in the same without the prior written consent of the City. 4. The firm shall not accept any client or project which places it in a conflict of interest with its representation of the City of Brooklyn Center. If such a conflict of interest is subsequently discovered, the City shall be promptly notified. I • -5-