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1996 10-15 CCP Regular Session
CITY COUNCIL AGENDA Public Copy • CITY OF BROOKLYN CENTER October 15, 1996 7 p.m. 1. Call to Order 2. Roll Call 3. Moment of Silence 4. Council Report 5. Approval of Agenda and Consent Agenda -The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes Councilmembers not present at meetings will be recorded as abstaining from the vote on the minutes. • 1. August 8, 1996 - Special Work Session 2. September 9, 1996 - Regular Session 3. September 16, 1996 - Joint Session with Brooklyn Park City Council 4. September 23, 1996 - Special Session 5. September 23, 1996 - Regular Session 6. September 30, 1996 - Special Session 7. , September 30 1996 - Joint Session with Charter Commission P b. Appointment of Additional Election Judges for November 5 General Election C. Resolution Expressing Recognition of Barry Jensen for His Achievement in Swimming 500 Miles in the Brooklyn Center Pool d. Resolution Establishing Improvement Project Nos. 1997 -01, 02, and 03, Orchard Lane West Street, Storm Drainage, and Utility Improvements, and Accepting Quotations for Sanitary and Storm Sewer Televising e. Resolution Establishing Improvement Project Nos. 1997 -04, 05, and 06, France Avenue, 69th Avenue to North City Limits, Street, Storm Drainage, and Utility Improvements • £ Resolution Accepting a Gift of $1,000 from Cracker Barrel Old Country Store Foundation to Plant Evergreen Trees in Evergreen Park 4 • CITY COUNCIL AGENDA -2- October 15, 1996 g. An Ordinance Vacating Part of a Sanitary Sewer Easement within Tract C, Registered Land Survey Number 1377 -This item relates to the relocation of a sanitary sewer at the TGI Fridays /Country Inn Suites site, and is presented tonight for a first reading. h. An Ordinance Vacating Part of a Utility Easement at Lot 2, Block 1, SANDER ERICKSON ADDITION -This item is the vacation of five feet of a ten foot perimeter easement at 5435 Bryant Avenue North, and is presented tonight for a first reading. i. Resolution Accepting Work Performed, and Authorizing Final Payment, Improvement Project No. 1996 -13, Contract 1996 -E, Playground Replacement at Grandview, Garden City, Kylawn, Marlin, Riverdale, and West Palmer Parks j. Resolution Appropriating $2,000 from the 1996 General Fund Budget to the Youth Football Program k. Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees (Order No. DST 10/15/96) 1. Licenses 6. Open Forum 7. Public Hearing a. Resolution Reprogramming 1996 Urban Hennepin County Community Development Block Grant Funds from Scattered Site Redevelopment Project to 53rd Avenue Development and Linkage Project Requested Council Action: - Discussion of project. -Take ublic input. P P - Motion to adopt resolution. b. An Ordinance Amending Chapter 12 of the City Ordinances Relating to the Licensing of Rental Dwelling Units -This ordinance was offered for a first reading on September 23, 1996, published in the City's official newspaper on October 2, 1996, and is offered this evening for a public hearing and second reading. - Requested Council Action: -Open the public hearing. • -Take public input. -Close the public hearing. - Motion to adopt ordinance. CITY COUNCIL AGENDA -3- October 15, 1996 • C. An Ordinance Vacating a Utility Easement at Lot 6, Block 1, JOHN RYDEN SECOND ADDITION -This ordinance was offered for a first reading on September 23, 1996, published in the City's official newspaper on October 2, 1996, and is offered this evening for a public hearing and second reading. - Requested Council Action: -Open the public hearing. -Take public input. -Close the public hearing. - Motion to adopt ordinance. 8. Planning Commission Item a. Planning Commission Application No. 96016 submitted by Hunerberg Construction Company requesting site and building plan approval for an 1,800 sq. ft. expansion to the Douglas Metal Specialties operation at 4912 France Avenue North. The Planning Commission recommended approval of this application at its September 26, 1996 meeting. - Requested Council Action: - Motion to approve Planning Commission Application No. 96016 submitted by Hunerberg Construction Company subject to the conditions recommended by the Planning Commission. 9. Council Consideration Items a. An Ordinance Amending Chapter 6 of the Brooklyn Center City Charter; Section 6.02 Subd. 3(a) -This ordinance is offered for a first reading. - Requested Council Action: -Report from Tim Willson, Chair of Charter Commission. - Introduce first reading of ordinance and set date for public hearing and second reading. b. Set Date and Time for Canvass of November 5, 1996, General Election -Requested Council Action: - Motion to canvass November 5, 1996, election results on Wednesday, November 6, 1996, at 5 p.m. C. Private Kennel License Renewal 1. 6421 Bryant Avenue North, to keep four cats 2. 6312 France Avenue North, to keep three dogs - Requested Council Action: • - Motion to approve the private kennel license renewals. CITY COUNCIL AGENDA 4- October 15, 1996 • d. Resolution Authorizing ublication of the Notice of Finding of No Significant Impact g g g P on the Environment and Notice of Intent to Request Release of Funds for the 53rd Avenue Development and Linkage Project in the City of Brooklyn Center - Requested Council Action: - Motion to adopt resolution. e. Coverage of 1995 Operating Losses at Earle Brown Heritage Center - Requested Council Action: - Report. - Council motion directing staff to prepare resolutions. f. Policy for Installation of Wireless Communication Antennas on City Water Towers - Requested Council Action: - Council discuss policy. 10. 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 SPECIAL WORK SESSION AUGUST 8, 1996 CONFERENCE ROOM B CALL TO ORDER The Brooklyn Center City Council met in special work session and was called to order by Mayor Myrna Kragness at 7:02 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Debra Hilstrom, Kristen Mann, and Charles F. Nichols, Sr. Also present were City Manager Michael J. McCauley and Council Secretary Connie Beckman. DISCUSSION OF RESOLUTION BY HENNEPIN COUNTY COMMISSIONERS ON FISCAL DISPARITIES Councilmember Hilstrom discussed the recently passed resolution by the Hennepin County Board of Commissioners advocating the Metropolitan Council to place service needs on an equal footing • with per capita tax base as a factor in the tax base redistribution formula of fiscal disparities. She inquired whether it was appropriate for City Council to draft a resolution of support to advocate legislative action. The City Manager stated the County resolution suggests that the Met Council established objectives for fiscal disparities and indicated this could revamp the way commercial tax monies are shared/distributed. Councilmember Nichols commented it might benefit the Council to have someone such as Mike Opat speak at a future work session to offer specific explanation about how fiscal disparities and their accompanying calculations work. Councilmember Carmody agreed and encouraged Council members have someone resent very basic information on roe tax issues relating fiscal P rY property rtY g to disparities (i.e. Phil Cohen). The City Manager will contact someone to present information to Council at a work session prior to The Truth in Taxation meeting. He added it would be beneficial to request organization of a presentation by the North Metro Mayors Association providing information to other cities being affected about how everything works. • 08/08/96 -1- DRAFT DISCUSSION OF TOBACCO MATERIALS FROM HENNEPIN COUNTY COMMUNITY • HEALTH DEPARTMENT Discussion ensued around what citywide ordinances /laws are already in place which apply to tobacco sales to minors. Councilmember Nichols will obtain information from Health Partners relating to this subject. The City Manager will obtain City statistics from the Police department regarding this topic. T.G.I. FRIDAY'S (CARLSON COMPANIES) PROPOSED DEVELOPMENT A Planning Commission item will be before the City Council for approval at its August 12, 1996, regular meeting. As well, the EDA will be requested to approve a development agreement between the EDA and Friday's. Council members have received varied responses from residents regarding the proposed project. Further discussion centered on the pros of Brooklyn Center being a remote community location where meetings /conventions could be held. The City Manager cited increased property values resulting from new construction and talked about ideas on cost structures and associated logistics related to potential new businesses locating in the City. Sewer access charges and reimbursement of TIF revenues were also discussed. It was not clear whether there is a limit on the numbers of liquor licenses allowed in the City; the City Manager will obtain clarification. The City Manager will also obtain number statistics regarding average occupancy percentages for review by Council members. • INVOCATION AT CITY COUNCIL MEETINGS Councilmember Nichols indicated he received many inquiries regarding temporary discontinuation of an invocation at regular Council meetings. LIQUOR LEASE PROPOSAL The City Manager provided financial specifics regarding a potential lease proposal for a liquor store site. After further discussion it was determined the City will not be able to cash flow the proposal. The City Manager will communicate this with respective parties facilitating an agreement on behalf of the Rainbow site. BLOCK PARTY ORDINANCE The City Manager presented Council with a second draft of a block party ordinance prepared by the City Attorney. Two additional language issues have been proposed by the City Manager and Police Chief which deal with the limit on the number of events per year•, and address issue of commercial. The City Manager provided clarification in response to questions posed by Council members. Mayor Kragness added the ordinance should include a requirement that parties sponsoring a block party provide proper sanitation facilities and/or sanitation plan. 08/08/96 -2- • DRAFT BUDGET DISCUSSION • Budget worksheets were distributed to Council members which included the General, H.R.A., E.D.A., and all debt service funds excluding tax increment bonds. The City Manager informed Council it must adopt a preliminary budget levy by the September meeting. There is no intent of going out for bonds in 1997 to cover already identified needs (i.e. street improvements) as State Aid for development, and/or use of principle or interest in the Capital Improvement Fund is targeted as well as increased user fees. There may be a bonding need of $34 million which would be used for construction of a new Fire Department facility and improvements of City Hall to address space issues for the Police Department, as well as a five to six percent increase in 1998. Concern was expressed about the twenty -year street improvement program and the fact it could not feasibly be met given current spending and associated budget measures. Cost effective planning measures (i.e. park & park `n ride; user fees; attrition; equipment replacement) were discussed. There is a goal of formulating a proposed basic structure for balancing budget associated costs as well as cutting more out of the General Fund budget versus from State Aid monies. Creating competition within the budget to help establish priorities is one way to assist this. The next budget work session will entail cuts with an allowance for a four percent increase to the levy. A motion to break at 10:05 p.m. passed unanimously. • The meeting reconvened at 10:12 p.m. DISCUSSION OF ADOPT A STREET/PARK Councilmember Carmody indicated this item could be discussed at a future work session given the length of tonight's agenda. DISCUSSION OF BROOKLYN HISTORICAL SOCIETY - RESOLUTION OF SPACE NEEDS Councilmember Carmody indicated this item could be discussed at a future work session given the length of tonight's agenda. CITY MANAGER EVALUATION I. CODE ENFORCEMENT Comments: (Observations of Evaluators) The City Manager facilitated a thorough initial administration of the Code Enforcement program. Good use of administrative talent was applied which resulted in good reports. The City Manager followed direction set by Council, carried out the plan in a timely manner, and addressed issues as they arose. . 08/08/96 -3- DRAFT Suggestions for Improvements• (Specific area(s) that need strengthening) Future approaches relating to Code Enforcement could focus more on structural codes and be • reviewed on a yearly basis. An assumption that Code Enforcement Officers are automatically promoted needs to be dispelled. Commendations: ( Area(s) of performance calling for praise /commendation) Overall results of the effort were successful. Councilmembers were pleased. Comments of the City Manager: (Responses to any of the evaluations comments suggestions, and/or commendations) The City Manager credited staff for success of the program. II. FAMILIARIZE SELF WITH CITY AND STAFF Comments: (Observations of Evaluators, Standards initially et for the position hav y e been met. The City Manager has made efforts to become_ familiar with staff and aspects of City business which has contributed to effective communication amongst Council members. Suggestions for Improvements• (Specific area(s) that need strengthening) Training and inservice of staff should occur. Improved communication to City residents of how to contact Council members would be beneficial. Commendations: ( Area(s) of Performance calling for praise /commendation) • Good feedback from respective individuals has indicated the City Manager er has done an excellent job thus far. Comments of the City Manager: (Responses to any of the evaluations comments suggestions, and/or commendations) None. III. NEW BUDGET FORMAT Comments: (Observations of valuators) Revision of the P budget format is positive. It is more understandable and appears ars to have a puzzle g approach in which the pieces fit together. Suggestions for Improvements• (Specific area(s) that need strengthening) Inclusion of ro'ected outlooks for the next five ears would be beneficial. P J Y Commendations: ( Aeea(s) of performance calling for praise /commendation) None. 08/08/96 -4- Comments of the City Manager: (Responses to any of the evaluations comments suggestions • and/or commendations) None. IV. BUILDING NEEDS: DEVELOP A PLAN Comments: (Observations of Evaluators) The City Manager has exhibited an ability to propose realistic, practical ideas based on various building /space concerns with an innovative ideas approach. Suggestions for Improvements: (Specific area(s) that need strengthening) Better handling and/or follow up on citizen complaints would be beneficial. Commendations: (Area(s) of performance calling for praise /commendation) The City Manager has shown the ability to present well thought out ideas based on Council direction. Comments of the City Manager: (Responses to any of the evaluations comments suggestions and/or commendations) None. 1. ORGANIZATIONAL MANAGEMENT Responsibility . Plans and organizes the work that goes into providing services established by past and current decisions of the Council. • Plans and organizes work that carries out policies adopted by the Council and developed by staff. • Plans and organizes responses to public requests and complaints or areas of concern brought to the attention of staff by Council and staff. • Evaluation and keeping up with current technology. • Selecting, leading, directing, and developing staff members. Performance Standard Organizational Management will be considered effective when a majority of the conditions have been successfully fulfilled. • Well qualified, promising persons are recruited and employed. • Employees are appropriately placed contributing to a high retention rate. • Citizen complaints are effectively resolved. • The organization is aware of new trends in technology. Comments: (Observations of Evaluators) The City Manager has demonstrated overall good organizational management skills. He is able to motivate employees resulting in delegation of staff to obtain necessary information to conduct City business. Awareness of technology and related needs assessment has been a plus. Publications 08/08/96 -5- DRAFT generated by the City Manager (i.e. Council packets, City newsletter) have been well received and • are easy to read. Suggestions for Improvements• (Specific area(s) that need strengthening) A tickler file would benefit issues which require proper follow -up in a timely manner. Continued evaluation of all employees performance would be advantageous. Commendations: (Area(s) of performance calling for praise /commendation) The City Manager has shown a great ability to work with all Council members and has helped to facilitate overall improved communication amongst members. I Comments of the Ci Manager: v tiger. Res��nses t� any •f the evaluations. comments, suggestions. and/or commendations) None. II. FISCALBUSINESS MANAGEMENT Responsibility • Plans and organizes the preparation of an annual budget with documentation, etc. that conforms to guidelines adopted by the Council. • Plans, organizes, and administers the adopted budget with approved revenues and expenditures. • Plans, organizes and supervises the most economic utilization of manpower, materials, and machinery. • Plans and organizes a system of reports for Council that provide the most up-to-date • g Y P P P i available concerning expenditures and revenue. • Plans and organizes maintenance of City -owned facilities, buildings and equipment. Performance Standard Fiscal/Business Management will be considered effective when a majority of the conditions have been successfully fulfilled. • Budget preparation and management are thorough and effective. • Cost - effective measures are persistently pursued. • Financial reporting is timely and readily understandable. • Physical facilities management is efficient. Comments: (Observations of Evaluators) The City Manager does a good job of communicating ideas/projections. He has presented a planned budget with an organized system according to Council guidelines. The City Manager is open to suggestions which has provided for a good grasp and accompanying vision. Suggestions for Improvements• (Specific area(s) that need strengthening) Long -term budget planning would benefit and contribute to effective budget planning decisions. Fiscal ideas could be presented in a manner more easily read. 08/08/96 -6- . DRAFT Commendations: (Area sLperformance calling for praise /commendation • The City Manager has taken charge and posed projections which are fiscally conservative. Comments of the City Manager: (Responses to any of the evaluations comments suggestions and/or commendations) None. III. PROGRAM DEVELOPMENT AND FOLLOW - THROUGH Responsibility • Plans and organizes on -going programs and services to City government. • Plans and organizes work involved in researching program suggestions by Council and staff and the reporting of the results of analysis. • Maintains knowledge of current and innovative trends in the area of services being provided by local governments, and incorporates that knowledge in program suggestions and research. • Plans and organizes work assigned by the Council so that it is completed with dispatch and efficiency. • Plans, organizes and supervises implementation of program adopted or approved by the Council. Performance Standard Program planning techniques and procedures will be considered effective when a majority of the conditions have been successfully fulfilled. • Ongoing programs and services are fully responsive to the City's needs. • Monitoring procedures are in place and functioning well. • Measurable outcomes (to the extent possible) are used to determine success in program planning. • The City Manager can be depended upon to follow through. • Makes most effective use of available staff talent. Comments: (Observations of Evaluators) The City Manager has developed various programs which have contributed to follow through (i.e. agenda items, code enforcement). Bench marking has been good. Good communication is evident via small reports. Suggestions for Improvements• (Specific area(s) that need strengthening) Continue to maintain the current level;of quality. Commendations: (AreaLLperformance calling for praise /commendation) Program development and accompanying follow - through is an area of strength as shown with the Code Enforcement program. • 08/08/96 -7- DRAFT Comments of the City Manager: (Responses to any of the evaluations comments suggestions and/or commendations 1 None. IV. RELATIONSHIP WITH MAYOR AND CITY COUNCIL Responsibility • Maintains effective communication, both verbal and written, with council. • Maintains availability to Council, either personally or through designated subordinates. • Established and maintains a system of reporting to Council current plans and activities of the staff. • Plans and organizes materials for presentations to the Council, either verbally or written, in the most concise, clear, and comprehensive manner possible. Performance Standard • Materials, reports, presentations, and recommendations are clearly and convincingly made. • Communications are made in a timely, forthright, and open manner. • Responses to requests are made promptly and completely. • Recommendations appear to be thoroughly researched. • Adequate information is provided to Council to make decisions. • A system is in place and utilized to report to Council current plans, activities, and events of the City. Comments: (Observations of Evaluators.) i The City Manager possesses team building and strategy facilitation skills. He is attuned- to the community's political pull and is quick to inform Council of anticipated/potential problems. Suggestions for Improvements: (Specific area(s) that need strengthening) Continued success of already present skills will improve with time. Commendations• (Area(s) of performance calling for praise /commendation) The City Manager has the ability to facilitate team building and accompanying strategy. Recommendations have been made for the good of relationships assisting to guard against division of staff contributing to Council unity. Comments of the City Manager:- (Responses to any of the evaluations comments suggestions and/or commendations) None. A motion by Councilmember Nichols and seconded by Councilmember Mann to continue past 11 p.m. passed unanimously. 08/08/96 -8- • DRAFT V. LONG RANGE PLANNING • Responsibility • Maintains a knowledge of new technologies, systems, methods, etc. in relation to City services. • Keeps Council advised of new and impending legislation and developments in the area of public policy. • Plans and organizes a process of program planning in anticipation of future needs and problems. • Establishes and maintains an awareness of developments occurring within other cities or other jurisdictions that may have an impact on City activities. • Plans, organizes and maintains a process for assisting the Council in establishing community goals including a process for monitoring and reporting on the City's progress toward achieving those goals. Performance Standard Strategic planning will be considered effective when a majority of the conditions have been successfully fulfilled. • A well- constructed long -range (strategic) plan is currently in operation. • Annual operational plans are carried out by staff members. • An on -going monitoring process is in operation to attain quality assurance in program and project implementation. • Program evaluation and personnel evaluation are interrelated with the strategic planning • process. • Legislative knowledge is current and complete. Comments: (Observations of Evaluators) The City Manager has a mind set of long -range planning for the future. He has exhibited a strong desire to develop a twenty -year comprehensive plan to provide a direction of where the City is headed. The City Manager has facilitated good goal setting sessions. Suggestions for Improvements• (Specific area(s) that need strengthening,) To view the budget as a plan of action (blueprint). Commendations: (Area (s) of performance calling for praise /commendation) The City Manager has a good vision for long range planning. Comments of the CitManager: Responses to any of the evaluations comments suggestions, and/or commendations) None. • 08/08/96 -9- DR AFT VI. RELATIONSHIP WITH PUBLIC/PUBLIC RELATIONS Responsibility . • PIans, organizes, and maintains training of employees who have primary responsibility for contact with the public, either by phone or in person. • Ensures that an attitude and feeling of helpfulness, courtesy, and sensitivity to public perception exists in employees coming in contact with the public. • Establishes and maintains an image of the City to the community that represents service, vitality and professionalism. • Establishes and maintains a liaison with private non - governmental agencies, organizations and involved in are groups as of concern that relate to services or activities of the City. Performance Standard Communication services will be considered effective when a majority of the conditions have been successfully fulfilled. • Contacts with the media are timely and credible. • Publications are varied and consistently well received by the citizens. • Feedback from the public and the community leadership is positive. • City has a good image with comparable organizations. • Ability to solicit and use feedback from the public. Comments: (Observations of Evaluators) The City Manager has established a good rapport and is a good liaison with government and non- government people. He has shown ability to handle situations (i.e. Bob Cahlander Park) to facilitate good morale of citizens. The City Manager has made a point of visiting local groups and has projected himself as a member of the community. He has used good oral and written communication (i.e. newsletter) as shown in his contacts with the media. Suggestions for Improvements: (Specific area(s) that need strengthening,) None. Commendations: Areas of erformance calling for rai e/c mmendation A more positive attitude has been created amongst City residents in the past six months. Comments of the Ci1y : Mana er Re n f v �( (Responses to any o the evaluations. comments, suggestions, and/or commendations) None. VII. INTERGOVERNMENTAL RELATIONS Responsibility • Maintains an awareness of developments and plans in other jurisdictions that may relate to or affect City governments. • Establishes and maintains a liaison with other governmental jurisdictions in those areas of service that improve or enhance the City's programs. 08/08/96 -10- DRAFT • Maintains communications with governmental jurisdictions with which the City is involved or has interaction. Performance Standard Intergovernmental relations will be considered effective when a majority of the conditions have been successfully fulfilled. • Sufficient activity with municipal and professional organizations. • Regarded as leader by municipal officials. • Provides examples of good ideas from other jurisdictions. • Positive relationship with surrounding cities. • Good cooperation with County and State agencies. • Improved mutual understanding and relationship with the State Legislature. Comments: (Observations of Evaluators) The City Manager has a good understanding of intergovernmental units. He looks forward to and shows interest in attending intergovernmental unit meetings /events. His attendance at outside organization events (i.e. Hwy. 100 Coalition, North Metro Mayors Assoc.) The City Manager has a positive relationship with surrounding communities. Suggestions for Improvements• (Specific area(s) that need strengthening Future evaluations of the City Manager might be held in closed session. The City Manager sometimes exhibits certain biases for certain levels of government. Commendations: (Area (s) of performance calling for praise /commendation The City Manager has a positive relationship with surrounding communities and is well respected. Comments of the Ci1y Manager: (Responses to any of the evaluations comments suggestions, and/or commendations) None. VIII. PROFESSIONAL/PERSONAL DEVELOPMENT Responsibility I • Maintains awareness and value of broadening professional and personal development. • Demonstrates imaginative leadership initiatives. • Ability to build cohesiveness in staff. • Decisiveness in leadership performance. • Effectiveness in verbal communications. Performance Standard Professional and personal competencies will be considered effective when a majority of the conditions have been successfully fulfilled. Management techniques show evidences of innovations, imagination and decisiveness. • Synergetic techniques are fostered. 08/08/96 -11- D RAFT • Continuous professional personal growth is demonstrated. i Comments: (Observations of Evaluators) The City Manager uses good posture during meetings. He is quick to bring new ideas and attends respective meetings. Suggestions for Improvements• (Specific area(s) that need strengthening) Develop more staff creativity through reliance on staff via delegation. Commendations: (Area (s) of performance calling for praise /commendation); The City Manager exhibits initiative and creativity. As well, verbal skills are clear and concise. Comments of the City Manager: Responses to any of the evaluations comments suggestions, and/or commendations) Council members have been cooperative to put aside disagreements and move ahead for the sake of the City. FUTURE REVIEW It was determined a progress review will take place in January. An in -depth review will take place in July. COUNCIL MEMBER ORIENTATION There was discussion about conducting an orientation for newly elected Council member(s). FACILITATED WORKSHOP There was discussion about conducting a facilitated workshop for Council members the end of January 1997. ADJOURNMENT A motion by Councilmember Nichols and seconded by Councilmember Carmody to adjourn the meeting at 11:30 p.m. passed unanimously. City Clerk Mayor Recorded and transcribed by: Connie Beckman 08/08/96 -12- J DRA FT 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 9, 1996 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, Kristen Mann, and Charles F. Nichols, Sr. Also present were City Manager Michael J. McCauley, Director of Public Services Diane Spector, Finance Director Charlie Hansen, Director of Community Development Brad Hoffman, City Engineer Scott Brink, City Attorney Charlie LeFevere, and Council Secretary Connie Beckman. MOMENT OF SILENCE A moment of silence was observed. COUNCIL REPORT There was none. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Councilmember Mann and seconded by Councilmember Carmody to approve the September 9, 1996, agenda and consent agenda as printed passed unanimously. APPROVAL OF MINUTES A motion by Councilmember Mann and seconded by Councilmember Carmody to approve minutes of the August 26, 1996 - Regular Session as printed passed unanimously. RESOLUTION NO. 96 -167 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION ACKNOWLEDGING $300 FROM TARGET FOR THE BROOKLYN CENTER SENIOR TRANSPORTATION PROGRAM AND AMENDING THE 1996 GENERAL FUND BUDGET The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and passed unanimously. 09/09/96 - 1 - a DRAFT RESOLUTION NO. 96 -168 Member Kristen Mann 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 Kathleen Carmody and passed unanimously. RESOLUTION NO. 96 -169 Member Kristen Mann 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 COMMUNITY ORIENTED POLICING (OVERTIME) PROJECT The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and passed unanimously. RESOLUTION NO. 96 -170 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION ACKNOWLEDGING THE GIFT OF A PARK BENCH FROM THE ULM FAMILY TO BE PLACED IN EAST PALMER LAKE PARK The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and passed unanimously. RESOLUTION NO. 96 -171 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AUTHORIZING THE PURCHASE OF ONE (1) SEVEN REEL TRACTOR MOWER The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and passed unanimously. RESOLUTION NO. 96 -172 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION APPROVING HENNEPIN COUNTY APPLICATION TO THE MINNESOTA HOUSING FINANCE AGENCY FOR COMMUNITY FIX -UP FUND 09/09/96 -2- The "RAFT motion for the adoption of the Carmody and passed unanimously. foregoing resolution was duly seconded by member Kathleen RESOLUTION Nn n6- Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSXTENT FOR THE HENNEPIN COUNTY TAX ROLLS UTILITY HOOKUP FEES TO The motion for the adoption of the foregoing resoution w Carmody and passed unanimously. as duly seconded by member Kathleen RE T N H AVERAG v T R YN L INA LING PER TIti' A motion b F NTER FI A T ;vT R FI IN y Councilmember Mann and seconded by Counci member Carmody N Ody T R report submitted by Fred Steere, Jr., President of the Brooklyn Center Fire nt Relief Association, in order to meet a State requirement that the a approve the the financial condition of the Association passed unanimously. rty Council be kept fuly i formed of mm RESOLUTION NO 96-17A Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION RELATING TO THE APPLICATION FOR A MECHANICAL LICENSE OF DUANE FRANK BIDDLE ON BEHALF CONTRACTOR CONDITIONING OF RAPID HEATING AND AIR The motion for the adoption of the foregoing resolutio Carmody and passed unanimously. n was duly seconded by member Kathleen IC F ' A motion by Councilmember Mann and seconded b Cou ' following list of licenses passed unanimously: y ncilmember Carmod Carmody to approve the COMMER 1A KF NN N r Brooklyn Pet Hospital 4902 France Ave. N. RENTAL DWELLIN US Initial: Ana Alicia Gelvick Flagler Paul and Susan Jenson 2101 71st Ave. N. James R. Lyons 6628 Camden Drive N. Clive West 5303 Emerson Ave. N. Donna Goga 6773 Humboldt Ave. N. 09/09/96 91 8 Woodbine Lane -3- DRAFT Renewal: • Eugene Sullivan 5329 -33 Brooklyn Blvd. Richard R. Dawson 3955 69th Ave. N. Michael Shapiro 5115 East Twin Lake Blvd. OPEN FORUM Dan Remiarz, 6201 June Avenue North, addressed Council regarding his concern surrounding increases in storm drainage fees over the past five years. Mr. Remiarz also stated that he did not perceive road construction/redevelopment on 63rd Avenue as being completed in a timely manner. Kevin Tucker, 6307 Indiana Avenue North, addressed Council regarding damage to his property as a result of road construction/redevelopment in his neighborhood. He cited creation of a dip in the middle of his lawn where a pipe was replaced which has also contributed to a slow sink of his yard. The City Manager informed Mr. Tucker he would have someone from the City attend to his issues of concern the next day. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (T G I FRIDAY'S /COUNTRY INN AND SUITES) The City Manager informed Council the ordinance at hand was a housekeeping type ordinance amendment and is the final step in the rezoning process. Location of the land is north of Freeway Boulevard between the properties addressed as 2400 and 2700 Freeway Boulevard. PUBLIC HEARING A motion by Councilmember Mann and seconded by Councilmember Carmody to open the public hearing at 7:11 p.m. passed unanimously. No public input was offered. A motion by Councilmember Nichols and seconded by Councilmember Carmody to close the public hearing at 7:12 p.m. passed unanimously. ORDINANCE NO. 96 -12 Member Kristen Mann introduced the following ordinance and moved its adoption: ORDINANCE AMENDING CHAPTER: 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (T.G.I. FRIDAY'S /COUNTRY INN AND SUITES) The motion for the adoption of the foregoing ordinance was duly seconded by member Debra Hilstrom and passed unanimously. i 09/09/96 -4- PUBLIC NFARINGS TARDIN 1996 PROPOSED PFC'TAI ACCF PROCEDURES AND NFR A t TNFOP AAATION ---- ��- SSMENTS • The City Manager provided a brief introduction of the hearings at hand and deferred fu information to be provided by the Director of Public Services. The Director of Public Services stated the project at hand covers 4.3 miles of road and defined corresponding geographic boundaries. Specifics of project completion order were given. Overall, the Director of Public Services stated the project has been smooth with some concern being noted by residents associated restoration (i.e. sodding) about . Levy have been issued to identified residences for the purpose of street reconstruction ($1,850 /per unit) and storm drainage improvements ($625 /per unit). PUBLIC HEARING REGARI�IN SPF�'IAL ASSESSMENTS FOR IMPROV ME TT P OJE T NOS. 1996 O1 AND 02 CONTRACT 1996 B ORCHARD LANE FACT cTU.EET AND STOP M n AINA TF IMPROV M NTS A motion by Councilmember Hilstrom and seconded by Councilmember Carmody to open the public hearing at 7:12 p.m. passed unanimously. Leroy Unruh, 4506 65th Avenue North, questioned improvements in lighting. Mr. Unruh claimed there is not as much illumination provided with the box lights compared to the previously installed dome lights. The Director of Public Services explained there were illumination tests conducted by Northern States Power in conjunction with placement of the lights, adding the perceived difference could be related to the different type of lens being used. Mr. Unruh has been • in contact with Dave Anderson regarding his concerns, but has not received a response accordingly; the Director of Public Services will follow up on Mr. Unruh's concern. Bruce Simcoe, 4507 Winchester Lane, confirmed mid block lighting should have been installed on double blocks per condition of the project specifications. The Director of Public Services will follow up on this. As well, removed grass from the project has been replaced with obvious dead sod. The Director of Public Services assured Mr. Simcoe the contractor is under contractual obligation to replace any landscaping in like- condition. The City Manager assured Mr. Simcoe proper follow through would be completed with the contractor. Richard Hauck, 6319 Indiana Avenue North, inquired whether there was a requirement to use class five underlayment prior to asphalt installation. The Director of Public Services responded this was part of the specifications outlined in the request for proposal. Mr. Hauck wondered about the use of crushed asphalt.. The Director of Public Services replied that using recycled materials is allowable under the specifications. In response to Councilmember Hilstrom, the Director of Public Services indicated monies to complete the projects not covered under the Assessment Stabilization Grants would be paid for out of the local State Aid Fund and Storm Drainage Utility monies. S 09/09/96 _ - Mr. Tucker inquired about the use of recycled materials in the request for proposal specifications. A copy of the specifications will be forwarded to Mr. Tucker. 0 A motion by Councilmember Nichols and seconded by Councilmember Carmody to close the public hearing at 7:26 p.m. passed unanimously. RESOLUTION NO. 96 -175 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 1996 -01 AND 02, CONTRACT 1996 -B, ORCHARD LANE EAST 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 Kathleen Carmody and passed unanimously. RESOLUTION NO. 96 -176 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR THE DELETION OF CERTAIN SPECIAL ASSESSMENTS FROM LEVY NOS. 13733 AND 13734 The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen • Carmody and passed unanimously. RESOLUTION NO. 96 -177 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION AMENDING SPECIAL ASSESSMENT LEVY ROLL NOS. 13733 AND 13734 TO PROVIDE FOR THE AWARD OF ASSESSMENT STABILIZATION GRANTS The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and passed unanimously. PUBLIC HEARING REGARDING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 1996 -06, 07, AND 08, CONTRACT 1996 -G. LOGAN /JAMES /KNOX AND 57TH AVENUES STREET AND STORM DRAINAGE IMPROVEMENTS A motion by Councilmember Hilstrom and seconded by Councilmember Carmody to open the public hearing at 7:27 p.m. passed unanimously. No public input was offered. 09/09/96 -6- A motion by Councilmember Carmody and seconded b Coun ' hearing at 7:28 Y cilmember Mann • p.m. passed unanimously. to close the public RFSOL I NO 96 7R Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT NOS. 1996 -06, 07, AND 08, CONTRACT 1996 -G, LOGAN /JAMES /KNOX A D 575 PROJE AVENUES STREET AND STORM DRAINAGE IMPROVEMENTS, TO THE H H COUNTY TAX ROLLS EN 57TH The motion for the adoption of the foregoing re�.:tion was duly Carmody and passed unanimously. Y sec onded by member Kathleen R TI N NO. 96-179 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR THE DELETION OF CERTAIN SPECIAL SSE FROM LEVY NOS. 13735 AND 13736 SSMENTS The motion for the adoption of the foregoing resolution was dul seco Carmody and passed unanimously. Y nded by member Kathleen i RESOLUTION NO 96 180 Member Kristen Mann introduced the following resolution and moved its adoption RESOLUTION AMENDING SPECIAL ASSESSMENT LEVY ROLL NOS. 13735 A TO PROVIDE FOR THE AWARD OF ASSESSMENT STABILIZATIO N GRANTS 13736 The motion for the adoption of the foregoing resolution was duly seconded b Carmody and passed unanimously. Y member Kathleen PUBLIC H A NG G G SPE IA ASS S MEN �T 1995 -OS T 1 96 -C 69TH AVEN E SHIP OVEMENT iii A PRKWAY rO D N AV N BRID E R ADW REE V IMPROFMEN A TD W RMAIN A motion by Councilmember Carmody and seconded by Councilmem hearing at 7 :28 p.m. passed unanimously. ber Mann to open the public No public input was offered. Councilmember Carmody inquired about time lines of project completion. T Services indicated the area will be open to traffic in approximate) he Director of Public • Y one month. 09/09/96 -7- e A motion by Councilmember Carmody and seconded by Councilmember Nichols to close the public hearing at 7:29 p.m. passed unanimously. RESOLUTION NO. 96 -181 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 1995 -05, CONTRACT 1996 -C, 69TH AVENUE, SHINGLE CREEK PARKWAY TO DUPONT AVENUE, BRIDGE, ROADWAY, AND WATERMAIN IMPROVEMENTS, TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Charles F. Nichols, Sr. and passed unanimously. RESOLUTION NO 96 -182 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR THE DELETION OF CERTAIN SPECIAL ASSESSMENTS FROM LEVY NOS. 13731 AND 13732 The motion for the adoption of the foregoing resolution was duly seconded by member Charles F. Nichols, Sr. and passed unanimously. • RESOLUTION NO. 96 -183 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION AMENDING SPECIAL ASSESSMENT LEVY ROLL NOS. 13731 AND 13732 TO PROVIDE FOR THE AWARD OF ASSESSMENT STABILIZATION GRANTS The motion for the adoption of the foregoing resolution was duly seconded by member Charles F. Nichols, Sr. and passed unanimously. PUBLIC HEARING REGARDING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NO 1996 -10 CONTRACT 1996 -H MINNEAPOLIS BORDER STREET IMPROVEMENTS ON 53RD AND XERXES AVENUES A motion by Councilmember Carmody and seconded by Councilmember Nichols '-to open the public hearing at 7:30 p.m. passed unanimously. The Director of Public Services offered prefacing comments pertaining to the project prior to public input being taken. Differences of the project versus the previous three projects voted on were outlined. , The project was done through a cooperative agreement with the City of Minneapolis, and the types of assessments and their corresponding amounts differ. 09/09/96 -8- No public input was offered. • A motion b Councilmember Nichols and seconded b Councilmember Carmody to close the Y Y Y public hearing at 7:31 p.m. passed unanimously. RESOLUTION NO. 96 -184 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 1996 -10, CONTRACT 1996 -H, MINNEAPOLIS BORDER STREET IMPROVEMENTS ON 53RD AND X ERXES AVENUES TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Debra Hilstrom and passed unanimously. RESOLUTION NO 96 -185 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR THE DELETION OF CERTAIN SPECIAL ASSESSMENTS FROM LEVY NO. 13737 The motion for the adoption of the foregoing resolution was duly seconded by member Debra Hilstrom and passed unanimously. • RESOLUTION NO. 96 -186 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION AMENDING SPECIAL ASSESSMENT LEVY ROLL NO. 13737 TO PROVIDE FOR THE AWARD OF ASSESSMENT STABILIZATION GRANTS The motion for the adoption of the foregoing resolution was duly seconded b member Debra A g g Y Y Hilstrom and passed unanimously. PUBLIC HEARING REGARDING SPECIAL ASSESSMENT FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS WEED REMOVAL COSTS AND DISEASED TREE REMOVAL COSTS A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to open the public hearing at 7:31 p.m. passed unanimously. No public input was offered. A motion by Councilmember Nichols and seconded by Councilmember Carmody to close the public hearing at 7:31 p.m. passed unanimously. • 09/09/96 -9- 9HAFT RESOLUTION NO. 96 -187 • Member Debra 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 Kathleen Carmody and passed unanimously. N N . 9 -1 RESOLUTION O 6 88 Member Debra Hilstrom introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR WEED REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and passed unanimously. RESOLUTION NO. 96 -189 Member Debra 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 Kathleen Carmody and passed unanimously. COUNCIL CONSIDERATION ITEMS MAYORAL APPOINTMENT OF MEMBER TO SERVE ON PLANNING COMMISSION Mayor Kragness indicated there were two vacancies on the Planning Commission. She nominated Rex Newman, 3107 61st Avenue North, and Brian Walker, 5312 Irving Avenue North for appointment to the Planning Commission. Councilmember Hilstrom said she believed both applicants are well - qualified; however, she could not support the Mayor's nominees because there would be no representation in the West- Central neighborhood. Two applications were received from residents who reside in the West - Central neighborhood. Also, she believed it was a Council policy that residents not serve on more than one commission at the same time, excluding serving on the Charter Commission. i Mayor Kragness responded that she had talked with Planning Commission Chair Tim Willson, and he indicated that residency representation is not required of all neighborhoods, however a member • 09/09/96 _10- DRAFT would be assigned to represent the West - Central neighborhood. Also, Rex Newman has indicated • he will resign from the Housing Commission, so as to only be serving on the Planning Commission. Councilmembers Mann and Nichols concurred with Councilmember Hilstrom regarding geographical representation in the West - Central neighborhood. Councilmember Carmody said she believed the two nominees are the best choices to serve on the Planning Commission. Councilmember Hilstrom said the Planning Commission is broken down into neighborhood groups which meet on occasion, and she reiterated the importance of the Planning Commission member residing in the neighborhood he /she represents. Councilmember Nichols reiterated his concern with geographical representation, but indicated he would support the nominees based on the assurance that one of the new members would be assigned to represent the West - Central neighborhood. A motion by Councilmember Carmody and seconded by Councilmember Nichols to approve the nominations of Rex Newman and Brian Walker to serve on the Planning Commission passed as follows: Councilmembers Carmody, Nichols, and Mayor Kragness voted yes; Councilmembers Hilstrom and Mann voted no. DISCUSSION OF POLICY FOR CITIZEN INPUT AT CITY COUNCIL WORK SESSIONS Councilmember Mann introduced discussion relating to citizen input /questions at Council work sessions. She cited previous scenarios (i.e. budget work sessions) in which residents were allowed to comment/inquire about issues at the end of a work session, if time allowed with respect to the 11 p.m. meeting deadline. Given this, Councilmember Mann encouraged Council to "officially" declare some type of policy,regarding public input /questions at all work sessions. After discussion, it was decided citizen input /questions would be allowed at the end of a work session and that a formal policy should be -written outlining specifics of input/questions and their respective order. A motion by Councilmember Carmody and seconded by Councilmember Mann directing Staff to write a policy regarding citizen input/questions at Council Work Sessions passed unanimously. 1997 PRELIMINARY BUDGET AND PROPERTY TAX LEVY REPORT The City Manager provided a verbal explanation with corresponding overhead transparencies relating to the 1997 preliminary budget and property tax levy report. State law required the adoption of these two items at the beginning of September. The preliminary levy establishes the maximum real estate tax levy that may finally be adopted after truth in taxation hearing. That levy may be reduced, but may not be increased after the September preliminary levy. The preliminary budget may be increased, re- arranged, or reduced when the final budget is adopted in December. 09/09/96 soft FT Councilmember Mann informed Council she would approve the preliminary budget, but reserved her right to approve /not approve the final levy, adding her approval of the final levy would need • to be consistent with long -range goals already established by Council. RESOLUTION NO, 96 -190 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION TO ADOPT THE 1997 PRELIMINARY BUDGET The motion for the adoption of the foregoing resolution was duly seconded by member Debra Hilstrom and passed unanimously. RESOLUTION NO 96 -191 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION TO AUTHORIZE A PRELIMINARY TAX LEVY FOR 1997 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 Debra Hilstrom and passed unanimously. RESOLUTION NO. 96 -192 • Member Kristen Mann 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 INFORMATION 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 1997 The motion for the adoption of the foregoing• resolution was duly seconded by member Debra Hilstrom and passed unanimously. RESOLUTION NO. 96 -193 Member Mann 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 Kathleen Carmody and passed unanimously. 09/09/96 -12- s DRAFT The aforementioned resolution sets an initial truth in taxation public hearing for Wednesday, December 4, 1996, at 7 p.m. at City Hall; a continuation truth in taxation public hearing (if needed) for Wednesday, December 11, 1996, at 7 p.m. at City Hall; and a regular City Council meeting for Monday, December 16, 1996, at 7 p.m. at City Hall. ADJOURNMENT A motion by Councilmember Hilstrom and seconded by Councilmember Mann to adjourn the meeting at 8 p.m. passed unanimously. City Clerk Mayor Recorded and transcribed by: Connie Beckman Timesaver Off Site Secretarial 09/09/96 -13 - 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 JOINT SESSION WITH CITY COUNCIL OF CITY OF BROOKLYN PARK SEPTEMBER 16, 1996 EARLE BROWN HERITAGE CENTER, BLACKSMITH'S SHOP CALL TO ORDER The Brooklyn Center City Council met in joint session with the City Council of the City of Brooklyn Park and was called to order at 6 p.m. PRESENT Mayor Myrna Kragness, . Councilmembers Kathleen Carmody, Debra Hilstrom, and Charles F. Nichols, Sr. Also present were City Manager Michael J. McCauley, Director of Public Services Diane Spector, and Director of Community Development Brad Hoffman. ABSENT Councilmember Kristen Mann. PRESENT FROM BROOKLYN PARK Mayor Grace Arbogast, Councilmembers Lisa Eder, Joe Enge, Sharon Fees, Dale Gustafson, Steve Schulte, and Mike Trepanier. Also present were City Manager Curt Boganey, Assistant Director of Community Development Scott Clark, Acting City Engineer George Calebaugh, and City Clerk Myrna Maikkula. ABSENT None. The Brooklyn Park Assistant Director of Community Development gave a brief overview of common neighborhood preservations issues. He discussed the Distressed Rental Housing Bill that was passed by the State Legislature and the three housing areas Brooklyn Park is working on as follows: l) duplex neighborhoods; 2) town homes; and 3) single - family areas. The economic. opportunities mentioned were Highway 610, Brooklyn Boulevard redevelopment, and Village North Shopping Center. The Brooklyn Center Director of Community Development discussed Brookdale. It is 15 % of Brooklyn Center's tax base and is changing ownership and in need of major restoration and renovation. He discussed several neighborhoods that are in need of redevelopment: 1) 69th and Brooklyn Boulevard; 2) 63rd and Brooklyn Boulevard; 3) T.H. 252 and I -94; and 4) Northbrook. He also discussed the aggressive code enforcement that resulted in 175 pages of orders for one i apartment complex and over 1,000 compliance orders (outside inspection only) to single - family homes. 09/16/96 - 1 - DRAFT The Brooklyn Park Acting City Engineer reviewed infrastructure needs on I -94, T.H. 252, West River Road, 69th Avenue, and Brooklyn Boulevard. He discussed the three major issues • regarding 73rd Avenue North reconstruction: 1) width; 2) sidewalk (which side ?); and 3) assessment policy. He also discussed the emergency vehicle override for traffic lights at T.H. 252 and 73rd Avenue, Humboldt Avenue, and the fact that Brooklyn Boulevard is very important to both cities. Brooklyn Park City Manager touched on cooperative efforts by the police departments (drug task force and National Night Out) and the parks and recreation departments. There were questions and discussion regarding the old Builders Square site on 63rd and Brooklyn Boulevard, the Brooklyn Center pool, ice arena, and right -of -way for telecommunication companies. The Brooklyn Center Director of Community Development discussed the no tolerance policy in place at Melrose Gates Apartments. He explained how it works, the success with the program, and the hopes to see it implemented in many more apartment complexes. ADJOURNMENT The meeting adjourned at 7:50 p.m. City Clerk Mayor • 09/16/96 -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 QUESTION /ANSWER SESSION PERTAINING TO APPLICATIONS FOR CONTRACTUAL SERVICES REQUESTS FOR FUNDING 1997 SEPTEMBER 23, 1996 CITY HALL, CONFERENCE ROOM B CALL TO ORDER The Brooklyn Center City Council met in special work session and was called to order by Mayor Myrna Kragness at 5:30 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Debra Hilstrom, Kristen Mann, and Charles F. Nichols, Sr. Also present were City Manager Michael J. McCauley and Council Secretary Connie Beckman. • Councilmember Kathleen Carmody arrived at 5:35 p.m. QUESTION /ANSWER FORMAT Five programs were asked to appear before Council tonight regarding requested monies. Fifteen minutes were allotted to each program for a question/answer session based on description overviews already submitted by each program. NORTH HENNEPIN MEDIATION Sue Piva was present, representing North Hennepin Mediation. In response to a question from Councilmember Hilstrom, Ms. Piva stated thirteen communities are serviced by North Hennepin Mediation. In 1995, Brooklyn Center generated 51 cases resulting in 153 residents being served. This is an increase from 1994 in which 37 cases were generated resulting in 93 residents being served. The main referral sources are the Police Department and City. There is a desire to see more referrals generated through establishment of new contacts resulting from word of mouth. Currently, there is a new program being started with monies from a small grant awarded by the Brooklyn Center Charitable Foundation to deal with youth in Brooklyn Center ages nine years and younger. Youth served would be those who have caused damage to property or caused a disturbance in the neighborhood. It is likely the police have been contacted in this situation, but • 09/23/96 -1- } 4 y not a lot is able to be done given the law and it implications; some type of consequence needs to be implemented. A mediator is put in place to help work out some resolution between the • property owner and youthful offender. In response to Mayor Kragness, Ms. Piva stated the average number of settlement agreements after mediation over the years has been about 92 percent. In 1995, it was 87 percent. Ms. Piva stated the 1995 decreased percentage was due in part to a new approach with more difficult cases. In difficult case scenarios, a mediator will attempt to arrive at a workable situation prior to a mediation meeting. Ms. Piva outlined the Mediation's settlement agreement follow -up process. After a settlement agreement is determined, a mediator contacts the parties by phone inquiring of the agreement's status. If the agreement is very specific (i.e. agreement of a neighbor to install a fence because of a barking dog), the mediator will ask specific questions. For example, "Has the fence been installed ?" "When was the fence installed ?" "Would you like to come back for a second mediation meeting ?" Any case is welcomed to return for a second mediation meeting if there is an unresolved issue(s). In response to Councilmember Nichols, Ms. Piva stated there is one full -time case manager, an executive director who works 30 hours, Ms. Piva who works 30 hours, and 44 volunteers. In the event funding was not given to North Hennepin Mediation, there would be no additional outreach services. Ms. Piva indicated this would be frustrating since there is a very successful program already in place which provides services to a variety of people in various stages in their • lives. Presentations to youth in schools and various community groups, as well as some case development would be diminished and efforts refocused on obtaining of funding resources. Ms. Piva pointed out there has not been a request to Brooklyn Center for increased funding because of the belief that no one organization should fully support North Hennepin Mediation. Because North Hennepin Mediation is a community-based program, it should have a broad base of funding. Ms. Piva acknowledged past funding by the City has provided for a good base of fiscal support. In response to Councilmember Mann, she advised that board meetings are held every other month at 7:30 a.m. There are nine board members. In addition there are three committees -- Personnel, Evaluation, and Finance. The Evaluation committee meets once or twice a year. There are no board member participation requirements. Councilmember Nichols inquired about recidivism rates. Although families are afforded the opportunity to return a second time, this very rarely occurs. Ms. Piva added there are skills learned by participants in the program which enable them to problem solve on an individual basis. Ninety -four percent of all cases that come to Operation De Novo Hennepin County Juvenile Diversion Program result in an agreement (community service or cash reimbursement). And 98 percent of those cases have complied with the settlement terms. 09/23/96 -2- In response to Councilmember Nichols, Ms. Piva talked about schools and how North Hennepin's • services address concerns generated by school liaisons with respect to family issues. North Hennepin is the only non -profit community based operation joint mediation for builders. In the past referrals were made by the Builders' Association, however, builders are now making direct referrals to North Hennepin. In response to Mayor Kragness, Ms. Piva indicated there is payment from a contract between North Hennepin and the Builders' Association. There is no charge to an individual builder or home owner. All services are offered at no cost with the exception of the Post- Divorce /Post- Relationship Mediation Program where fees are based on a sliding scale (per requirements by the grantor of this programs monies). It was noted no one is turned away and very few participants end up paying for the Post - Divorce /Post - Relationship services. In response to Councilmember Mann, various training is offered each year to people associated with North Hennepin Mediation. New volunteers participate in a required thirty -hour training program. This year, over forty -four hours of ongoing training was offered. Two other opportunities were recently added which were slightly over twenty-one hours. Each year, continuing volunteers are required to take eight hours of additional training. Most of the training takes place at North Hennepin's location, if the amount of participants is manageable. In some cases, need for a larger area might be required. Under question number nine: no in -kind contributions are received from Brooklyn Center. • Volunteers are recruited via written articles and word of mouth. Word of mouth has appeared to be more productive, particularly by those who currently volunteer for North Hennepin Mediation. Councilmember Nichols inquired as to the percentage of the total budget being requested from the City. Ms. Piva responded it is 4.8 percent for the coming year. In response to Councilmember Carmody, the percentage of participants in the program who pay is very small. There was a Rule 114 in which a court ordered mediation occurred. Those parties came to an agreement that once a settlement was determined, a portion of the proceeds would be donated to North Hennepin Mediation. Some community members do give small contributions. Councilmember Mann inquired about the date of North Hennepin's non - profit status submitted to the City. Ms. Piva indicated there had been a name change of the organization which posed for confusion when reapplying for non - profit status; she will submit updated proof. In closing, Ms. Piva stated North Hennepin Mediation Program has been located in Brooklyn Center since 1983. This information is always mentioned at respective functions. As well, North Hennepin is the fiscal agent for the Brooklyn Center After School Program. City Manager McCauley indicated there have been referrals made to North Hennepin by the City. • 09/23/96 -3- FIVE CITIES SENIOR TRANSPORTATION • Rita DeBruyn was present, representing Five Cities Senior Transportation. In response to Councilmember Mann, Ms. DeBruyn indicated there were approximately 109 individual residents (unduplicated) served by the Five Cities Senior Transportation. Mr. DeBruyn clarified the number of total rides is different as one person could participate in various trip locations in a given month. Total rides in a given month is approximately 579. The Board of Directors meets once per year. In response to Councilmember Hilstrom, an average monthly schedule is as follows: Mondays are grocery shopping day; Wednesday is leisure time /meeting of Brooklyn Center senior residents; second Friday /month is Ridgedale; third Friday /month is Brookdale; second Tuesday /month is WalMart; fourth Tuesday /month is Target. Consistency on a given month is strived for. The program is budgeted for based on a set schedule for patrons who have a more flexible schedule. There are 15 -18 activities /trips done each month. In response to Councilmember Nichols, no trips are designated for health care needs. When the program was first established ten years ago, the transportation program's goal was to be cost effective /efficient, while providing trips to locations where a large group could go. When considering health care needs, there is too diverse a clientele and respective providers which prohibits a cost effective means to provide this type of service. Ms. DeBruyn added other programs have previously provided transportation for health care needs such as LEAP. • In response to Mayor Kragness, there is a suggested donation of $1.50 per trip (in 1996) compared to $1.25 (in 1995). Title 3 funding prohibits establishment of a "set fee" versus a "suggested donation." In response to Councilmember Hilstrom, 95 percent of those who access transportation services do not have access to an automobile. Winter ridership increases slightly when people put their vehicles in the garage until spring. Kathy Flesher, Program Supervisor for the Parks & Recreation Department, added initially there were also riders who were able to drive, but rode the bus anyway as a' means of exhibiting support for those whose only means of transportation was /is the bus. Long -term value was perceived by those people who were using it and now those people who used to drive are no longer able to, thus the bus is their only means of transportation due to health issues (i.e. sight). Councilmember Hilstrom inquired about access to transportation services for election voting purposes. Ms. DeBruyn responded that funds are a restriction, adding she believed the League of Women Voters was available to address this type of need. She referred to the joint powers agreement indicating each city shares equal. financial responsibility depending on how much they use the system. 09/23/96 -4- Currently, there are five cities using the system with each city being allocated 22 -30 hours /month . of time. Brooklyn Center uses one -fourth of the total allocated time strongly indicating a need for this type of service. Ridership has increased 27 percent with individuals served and 29 percent with riders. There is now a waiting list for riders for which new approaches are being considered to providing the most service to the most people by dividing Brooklyn Center up into geographic location trips. Councilmember Hilstrom inquired about income levels of patrons. Ms. DeBruyn responded this is a sensitive area and great care is taken when asking for this type of information. In response to Councilmember Carmody, the following businesses /organizations contribute to the Five Cities Senior Transportation: Brookwood Management Companies $30 -50 /month; Brooklyn Center Lions $200; Target $300; Brooklyn Center Lioness $100. As of October 1, 1996, there is a shortfall of only $44. Any contributions above and beyond the $44, will be placed in a reserve account. Councilmember Mann inquired about Ms. Flesher's staff time involvement with respect to the bus schedule. None of her time is budgeted into the $11,599 allotted for personnel. Ms. Flesher stated Ms. DeBruyn formulates the schedule in an effort to save the program money. Ms. Flesher's time spent on the program is one to two hours per month. The transportation schedule is sent to the seniors. Any increase in users is dealt with on a case by case basis. There are two to three phone surveys done each year to assess effectiveness of each bus trip (i.e. stores frequented, length of shopping time allotted, etc.). BROOKLYN CENTER YOUTH FOOTBALL Jeanne Schuman was present, representing Brooklyn Center Youth Football. In response to Councilmember Mann, participants in the program range in age from five years to twelve years (up to 105 pounds). At the beginning of the season, there were 107 youth registered in the football program; 94 'are still registered. Five participants are five years old. Six participants are girls. Councilmember Carmody inquired about respective financial documents not being submitted to the City. Ms. Schuman indicated there was a miscommunication regarding deadlines. The following are associated costs to program participants: $40 /registration; $25 /lease equipment; $75 /deposit which is returned when/if equipment is turned in; $30 /candy fundraiser. Some business donations are received. The Lions Club is the biggest contributor. Councilmember Hilstrom confirmed Brooklyn Park has its own football program and equipment. • 09/23/96 -5- Councilmember Mann questioned why the youth football program is not offered through school. q Y Y P g g Ms. Schuman responded the program schedule not coincide p p g e le does o with the school schedule as the i program starts in August. Advertising of the program is done via articles in local newsletters, word of mouth, and advertisements placed in newspapers. Ms. Schuman talked about the benefits of playing in the youth football program and how it prepares children for participation in school sports. Part of the program's goal is to reinforce pride in the community through growth in sports. There are some players which eventually participate on traveling teams (not associated with the youth football program). The football program is played at the following parks: Grandview; Central; Evergreen. BROOKLYN COMMUNITY BAND Paul Schierenbeck was present, representing the Brooklyn Center Community Band. In response to Councilmembers Hilstrom and Nichols, there are 35 -40 Brooklyn Center residents who participate in the band, which represents 20 -25 percent of the membership. Members of the band range in age from high school to 75 years of age. In response to Councilmember Mann, over 60 percent of concerts performed were done so in Brooklyn Center and Brooklyn Park. The remaining 40 percent were performed in other communities such as New Hope (St. Theresa Home), Roseville, Lake Harriet, and Plymouth • (Parker Lake). All concerts are free and there are no fees charged. Most concerts are in June and July, with an average of one concert a week,. and a weekly practice. There is also a concert series done in December which consists of performances at a shopping mall and some retirement/geriatric facilities. There are also shared concert performances with high school bands. Also, during the summer there is a Concert in the Park The band has never turned down a request to play because of an inability to compensate the band for its time. The band has three funding resources: Brooklyn Center, Brooklyn Park, and band membership dues /other fund raisers (taste testing). Donations are not actively solicited, but readily accepted. Any donations given to the band over and above budgeted amounts, are used to offset the third portion generated by membership dues. Equipment owned by the band consists of seven to eight: instruments (tubas, baritone horns, oboe), two tympany, a bass drum, and snare drum. This equipment was first purchased for the band when it first started almost 34 years ago; they are still in use. Monies budgeted are $500 for instrument repairs /maintenance and $500 for music. The instruments originally purchased by the City are in usable condition. Most instruments are owned by members of the band. Transportation of band equipment to and from a performance sight costs the City approximately $145 for two hours of maintenance staff time two eo le . P P 09/23/96 -6- C In response to Councilmember Nichols, reduction of the requested budget would result in a q b decreased purchase of music. Mr. Schierenbeck is the band director at the Osseo High School and borrows some of the high school's music for use by the band. The band's music is stored in file cabinets at Northview Jr. High School - -where the band meets on Monday nights- -and is catalogued for easy access. No other organization uses the band's music. Ownership of the band music would technically be divided between the bands three funding sources: Brooklyn Center, Brooklyn Park, and band membership. DISCOVER THE C R EN TE Rod Snyder was present, representing Discover the Center. Councilmember Carmody inquired about funding amounts traditionally received. Mr. Snyder replied previous fund raising was done on an event -by -event basis. However, the goal is to move towards a "shareholders" approach which would eliminate scrambling for funds, when needed. Mr. Snyder talked about "Levels 1, 2, 3" on the program information sheet. Each level refers to a certain standard of services /projects the Center would be able to perform based on funding amounts. Dollar funding plus in kind services (i.e. copying, mailing) would benefit the Center's cause greatly, creating the best scenario. The prospect of hiring a salaried coordinator to complete duties which are currently done by volunteers is being explored. If a program coordinator was hired, remuneration would be at approximately $6 /hour. This person could feasibly be housed at his /her home based on that person's equipment access (i.e. computer, FAX). Mr. Snyder also discussed wanting to have a phone line at City Hall and the ability to use the FAX and other facilities. Mayor Kragness inquired about the "We the People Rallies" and how interest will be generated. Mr. Snyder indicated positive word of mouth has benefitted Discover the Center. Councilmember Hilstrom inquired what fiscal ramifications would exist for Discover the Center if funding was not received. Mr. Snyder assured Council operations would not cease, however discontinuance of funding would be quite a blow. Currently, there are some private investors and businesses /corporations who realize the value of Discover the Center and realize its impact on the community. These investors and businesses /corporations benefit from the 501(6) status since Discover the Center is not considered a charity, but a non - profit organization that's fully deductible. ADJOURNMENT Mayor Kragness declared the meeting adjourned at 6:45 p.m. City Clerk Mayor • 09/23/96 -7- Ra 1 0 % 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 23, 1996 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, Counciimembers Kathleen Carmody, Debra Hilstrom, Kristen Mann, and Charles F. Nichols, Sr. Also present were City Manager Michael J. McCauley, Director of Public Services Diane Spector, Planning and Zoning Specialist Ron Warren, Finance Director Charlie Hansen, City Attorney Charlie LeFevere, and Council Secretary Connie Beckman. MOMENT OF SILENCE • A moment of silence was observed. COUNCIL REPORT There was none. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Councilmember Mann and seconded by Councilmember Nichols to approve the September 23, 1996, agenda with the removal of Item 50) to be added under Council Consideration Items, and the removal of Todd McDonald, 7013 Girard Avenue North, for a rental license renewal under Item 5(k) passed unanimously. APPROVAL OF MINUTES A motion by Councilmember Mann and seconded by Councilmember Nichols to approve minutes of the August 19, 1996 - Special Work Session; and September 11, 1996- Special Session as printed passed unanimously. • 09/23/96 - 1 - A " PROCLAMATION DECLARING THE WEEK OF OCTOBER 6-12,1996, TO BE MINNESOTA • CITIES WEEK A motion by Councilmember Mann and seconded by Councilmember Nichols declaring the week of October 6 -12, 1996, to be Minnesota Cities Week passed unanimously. PROCLAMATION DECLARING OCTOBER 14 THROUGH 18 1996 TO BE MANUFACTURERS WEEK A motion by Councilmember Mann and seconded by Councilmember Nichols declaring October 14 through 18, 1996, to be Manufacturers Week passed unanimously. APPROVAL OF APPLICATIONS FOR AUTHORIZATION TO CONDUCT EXCLUDED BINGO FROM THE ORCHARD LANE PTA A motion by Councilmember Mann and seconded by Councilmember Nichols to approve the applications for authorization to conduct excluded bingo from the Orchard Lane PTA passed unanimously. RESOLUTION NO. 96 -195 Member Kristen Mann introduced the following resolution and moved its adoption:. RESOLUTION ESTABLISHING PROJECT AND AWARDING A CONTRACT FOR • PROFESSIONAL SERVICES, IMPROVEMENT PROJECT NO. 1997 -07, REPLACEMENT OF UNDERGROUND STORAGE TANKS AND FUEL SYSTEM, CENTRAL GARAGE The motion for the adoption of the foregoing resolution was duly seconded by member Charles F. Nichols, Sr. and passed unanimously. RESOLUTION NO. 96-196 Member Kristen Marin introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER NO. 2, ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NOS. 1995-07,08, AND 09, CONTRACT 1995 -B, WOODBINE NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Charles F. Nichols, Sr. and passed unanimously. • 09/23/96 -2- RESOLUTION NO. 96 -197 Member Kristen Mann introduced the following esolution and moved its adoption: g P RESOLUTION APPROVING CHANGE ORDER NO. 1, ACCEPTING WORK PERFORMED, AND APPROVING FINAL PAYMENT, IMPROVEMENT PROJECT NOS. 1994 -05 AND 06, CONTRACT 1995 -D, HUMBOLDT AVENUE, 69TH TO 73RD AVENUES NORTH, STREET AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Charles F. Nichols, Sr. and passed unanimously. RESOLUTION NO. 96 -198 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION RECEIVING INSURANCE PROCEEDS, AMENDING THE 1996 CENTRAL GARAGE INTERNAL SERVICE FUND BUDGET, AND AUTHORIZING THE PURCHASE OF A DUMP BOX AND HYDRAULICS The motion for the adoption of the foregoing resolution was duly seconded by member Charles F. Nichols, Sr. and passed unanimously. • AN ORDINANCE VACATING A UTILITY EASEMENT AT LOT 6 BLOCK _ U K 1 JOHN RYDEN C SECOND ADDITION A motion by Councilmember Mann and seconded by Councilmember Nichols to approve first reading of An Ordinance Vacating a Utility Easement at Lot 6, Block 1, John Ryden Second Addition located along the back line of the property at 5118 -55th Avenue North passed unanimously. LICENSES A motion by Councilmember Mann and seconded by Councilmember Nichols to approve the following list of licenses passed unanimously: GARBAGE AND REFUSE COLLECTION VEHICLES A W Disposal P.O. box 115, Norwood MECHANICAL SYSTEMS Gallagher Heating and Air Conditioning 17209 Tungsten St. NW, Ramsey • 09/23/96 - 3 - -!t3l'AFT RENTAL DWELLINGS Initial: Martha Demetriou Humboldt Courts Apartments John Rafier 6331, 6401, 6425 Beard Ave. N. Morning Sun Investments, Inc. 6765 Humboldt Ave. N. Richard and Elizabeth Bechr 4713 Twin Lake Ave. N. Gary Bistodeau 5337 70th Circle Renewal: Joseph Brauer 6315 Brooklyn Blvd. Allan and Vicki Olson 7111 Riverdale Road Allan Olson 7112 Riverdale Road Duane Christiansen 5400 Sailor Lane SIGN HANGER Minnesota Sign Company, Inc. 1713 E. Highway 95 SignArt Co. Inc. 2170 Dodd Road OPEN FORUM Nancy Carlson, 6024 Aldrich Avenue North, addressed Council referring to Chapter 7, Section 7.11 of the City Charter, "The Council shall have full power by ordinance or resolution to make interfund loans." Ms. Carlson stated that she has expressed concern about questionable operations of The Farm over the past six years. Ms. Carlson indicated Councilmembers Mann and Hilstrom have been • receptive to her questions and provided information whenever possible. She has questioned who continues to pay the bills if The Farm continues to operate even though the City Council authorized zero tax dollar subsidies.- Ms. Carlson reminded fellow citizens there is a 1995 deficit of about $206,000. She referred to information received that indicated The Farm has received an Interfund Loan, and was unable to recall a meeting at which an ordinance or resolution was passed to authorize such a loan. In closing, Ms. Carlson strongly urged Council members, the City Manager, and City Attorney to investigate her impressions and report their findings at the next regular Council meeting. Ms. Carlson distributed copies of her letter of concern to Council Rex Newman, 3107 61st Avenue North, expressed appreciation to Council for his recent appointment to the Planning Commission. The City is divided into six neighborhood regions, yet there are seven Commission members. And no matter what appointments are made, there will be one neighborhood who is represented by two Commission members. Mr. Newman suggested if concerns about equal representation of neighborhoods was a factor for the Council when appointing to Commissions, they should consider making a change from the "top." His suggestion was for Council to divide the City into four wards which would allow for easier campaigning and more thorough representation of constituents. In closing, Mr. Newman suggested Council strongly consider executing such a reform starting with the Charter Commission. • 09/23/96 4 A motion by Councilmember Nichols and seconded by Councilmember Carmody to declare Open • Forum closed passed unanimously. PUBLIC HEARING AN ORDINANCE AMENDING CHAPTER 25 OF THE CITY ORDINANCES RELATING TO CLOSURE OF STREETS FOR BLOCK PARTIES ADDING NEW SECTIONS 25 -901 THROUGH 25 -908 City Manager McCauley informed Council the ordinance at hand was in response to an earlier request by a neighborhood watch group relating to neighborhood block parties. There are several criteria which must be met, some of which Mr. McCauley outlined as follows: at least 75 percent of the addresses on the block must be in agreement to closing of the street; there are no more than two events allowed a year; an individual must be i.e. responsible for all the property involved P P ( barricades, provisions for clean up, sanitation); hours would be no earlier than 8 a.m. and no later than 11:30 p.m. A motion by Councilmember Hilstrom and seconded by Councilmember Carmody to open the public hearing at 7:10 . .m. passed unanimous) P g P P Y No public input was offered. • A motion by Councilmember Nichols and Councilmember Mann to close the public hearing at 7:11 p.m. passed unanimously. ORDINANCE NO. 96-13 Member Kathleen Carmody introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 25 OF THE CITY ORDINANCES RELATING TO CLOSURE OF STREETS FOR BLOCK PARTIES, ADDING NEW SECTIONS 25 -901 THROUGH 25 -908 The motion for the adoption of the foregoing ordinance was duly seconded by member Kristen Mann and passed unanimously. PLANNING COMMISSION ITEMS NN O PLANNING COMMISSION APPLICATION NO 96014 SUBMITTED BY ITEM CHEVROLET Planning and Zoning Specialist Ron Warren introduced Planning Commission Application No. 96014 submitted by Iten Chevrolet requesting site and building plan approval and special use permit to construct an approximate 3,200 square foot expansion for an auto service write -up area at Iten 09/23/96 - 5 - -� Chevrolet, 6701 Brooklyn Boulevard. He referred to a copy of the four -page report generated at the September 12, 1996, Planning Commission meeting and its accompanying conditions. The proposal • calls for an approximate 3,200 square foot addition that will fill in a notch at the southeast corner of the service /showroom building on the site. The purpose of the addition is to provide for a new service write -up area. The applicant also proposes a new entrance to the existing showroom at the east end of the building. Overhead transparencies of the proposed project were provided. Mr. Warren explained the six conditions set forth by the Planning Commission in conjunction with approval of the proposed project by Iten Chevrolet. Specific explanation was provided with respect to the potential widening of Brooklyn Boulevard by Hennepin County (scheduled for Spring 1998) and how this project effects landscaping requirements of the applicant. Mr. McCauley indicated feasibility of the Brooklyn Boulevard project has not been concretely determined at this time. Therefore, associated deadlines /expectations are in no way meant to imply approval of this project. Any formal decisions regarding this project will be presented to Council. Councilmember Mann inquired the type of landscaping being envisioned along Brooklyn Boulevard. Martin Iten of Iten Chevrolet, and Steve Binek of ArohTech Limited, responded. Mr. Iten indicated primarily lower level shrubs would be used versus trees, which would hinder visual contact of the business. Mr. Iten indicated he would prefer not to install landscaping, citing snow removal and accompanying salt issues as a result of winter weather, which would tend to destroy any landscaping. Councilmember Hilstrom inquired about installation of any beautification around the building itself, , particularly along the new expansion. Mr. Iten responded there were potential plans for shrubbery installation. Councilmember Nichols questioned how much footage would be eliminated should the Brooklyn Boulevard project proceed. Mr. McCauley indicated any reduction in footage due to street expansion would occur on the other side of the street, and not on the Iten Chevrolet side of the road. There was a motion by Councilmember Mann and seconded by Councilmember Carmody to approve Planning Commission Application No. 96014 submitted by Iten Chevrolet subject to the following conditions recommended by the Planning Commission: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. The building addition is to be equipped with an automatic fire extinguishing system to meet all NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 3. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 09/23/96 -6- • 4. A Special Use Permit is granted to the applicant for the addition as proposed by the plans. Any expansion or alteration of these plans shall require an additional amendment to this Special Use Permit. 5. This Special Use Permit is subject to all applicable codes, ordinances and regulations, any violation thereof, could be grounds for revocation. 6. Landscape improvements consistent with the landscape point system may be deferred for installation to the time of the Brooklyn Boulevard widening project proposed for 1998. Prior to issuance of a building permit, the applicant shall enter into an agreement acknowledging their responsibility to provide said landscaping and assuring that it will be completed in conjunction with other landscape improvements proposed for the 1998 project or submit a formal landscape plan within 90 days of determination that the 1998 project will not go forward. The motion passed unanimously. COUNCIL CONSIDERATION ITEMS APPOINTMENT OF COUNCIL MEMBER TO SERVE AS COUNCIL LIAISON ON PARK AND RECREATION COMMISSION AND CRIME PREVENTION PROGRAM • Mayor Kragness indicated Councilmember Mann would no longer be able to serve as Council liaison on the Park and Recreation Commission and Crime Prevention Program given schedule conflicts. A motion by Councilmember Mann and seconded by Councilmember Carmody to appoint Councilmember Charles F. Nichols, Sr. to serve as Council liaison on the Park and Recreation Commission and Crime Prevention Program passed unanimously. Councilmember Mann expressed appreciation to Mayor Kragness for the expeditious manner in which Councilmember Mann was replaced ensuring Council liaison continuity. RESOLUTION AMENDING CITY COUNCIL HANDBOOK REGARDING CITIZEN INPUT AT COUNCIL WORK SESSIONS Councilmember Hilstrom requested Council members consider amending the resolution at hand which would provide for five minutes of citizen input following each topic item. She believed affording citizens five minutes for input would help prevent any confusion, misunderstandings, or rumors. If there is more input than what can be covered in the allotted five minutes, any remaining input will be put in written form and submitted for Council to address as time allows. Councilmember Mann concurred, adding an additional half -hour to a work session was reasonable • for citizens to offer input and/or ask questions. Councilmember Nichols agreed. 09/23/96 -7- RESOLUTION NO. 96-199 Member Kristen Mann introduced the following resolution and moved its adoption with an amendment allowing for a maximum of five minutes of citizen input and/or questions following each work session topic: RESOLUTION AMENDING CITY COUNCIL HANDBOOK REGARDING CITIZEN INPUT AT COUNCIL WORK SESSIONS The motion for the adoption of the foregoing amended resolution was duly seconded by member Debra Hilstrom and passed unanimously. SET DATE FOR JOINT MEETING OF CITY COUNCIL AND PLANNING COMMISSION FOR DISCUSSION OF COMPREHENSIVE PLANNING PROCESS Mr. McCauley said the purpose of the joint meeting will be to obtain city Council input at the beginning of the consultant's (BRW) organization of the process and development of focus groups and an agenda for developing the Comprehensive Plan update. A motion by Councilmember Carmody and seconded by Councilmember Nichols to set the date for a joint meeting of the Brooklyn Center City Council and Planning Commission for discussion of the Comprehensive planning process on Wednesday, October 30, 1996, at 7 p.m. passed unanimously. • Councilmember Mann indicated she will be unable to attend the joint meeting due to a scheduling conflict and informed Council she would be unable to attend future meetings scheduled on Tuesday or Wednesday evenings through the end of the year. COUNCILMEMBER CARMODY• SUGGESTION TO SCHEDULE A JOINT MEETING WITH PARK AND RECREATION COMMISSION ON NOVEMBER 18 OR 19 1996 Councilmember Carmody indicated there were several issues at the last Park and Recreation Commission meeting which she believes Council should address and provide clarification. Therefore, she recommended Council establish a meeting time /date accordingly. A motion by Councilmember Carmody and seconded by Councilmember Mann to schedule a joint meeting between the Brooklyn Center City Council and Park and Recreation Commission for Monday, November 18, 1996, at 7 p.m. passed unanimously. AN ORDINANCE AMENDING CHAPTER 12 OF THE CITY ORDINANCES RELATING TO THE LICENSING OF RENTAL DWELLING UNITS Mr. McCauley indicated the ordinance at hand was a housekeeping item to provide clarity. Passage of the ordinance would require the license fee and application to be due 90 days prior to the expiration date versus 60 days. The 90 days would provide assurances that all serious violations , 09/23/96 -8- RAF] have been resolved prior to any Council consideration of the license. As well, starting of the process • early enough to perform an inspection, issue correction orders if necessary, and do a compliance inspection before the license expires would be ensured. A motion by Councilmember Hilstrom and seconded by Councilmember Carmody to approve first reading of An Ordinance Amending Chapter 12 of the City Ordinances Relating to the Licensing of Rental Dwelling Units passed unanimously. RESOLUTION AWARDING THE SALE OF $1,440,000 GENERAL OBLIGATION IMPROVEMENT BONDS SERIES 1996A• FIXING THEIR FORM AND SPECIFICATION: DIRECTING THEIR EXECUTION AND DELIVERY• AND PROVIDING FOR THEIR PAYMENT Mr. McCauley introduced Mr. Thistle from Springsted Inc. The bonds were previously approved for sale by Council for which proceeds of their sale will be used to reimburse the City for the reconstruction of streets in the Orchard Lane East area, the Logan/James/Knox area, and the 69th Avenue improvement. Mr. Thistle informed Council the bonds for sale have received an A -1 credit rating from Moody's which is one of the highest ratings for municipal debt with an associated retirement schedule. Mr. Thistle shared the Daily Rating Recap as provided by Moody's Municipal. Nine bids were received with the lowest bid being submitted by Norwest Investment Services, Inc./FBS Investment Services, • Inc. with an interest rate of 4.9829 percent. Councilmember Hilstrom confirmed pay -off dates were the same on all bids. Councilmember Nichols reminded the viewing audience that part of City tax dollars go towards paying off net interest. In this case, the net interest will be $428,293.13. RESOLUTION NO. 96 -200 Member Kristen Marin introduced the following resolution and moved its adoption: RESOLUTION AWARDING THE SALE OF $1,440,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1996A; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR .PAYMENT The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and passed unanimously. • 09/23/96 -9- F w Zw RECOGNIZING CITY CLERK'S CERTIFIED MUNICIPAL CLERK DESIGNATION FROM • INTERNATIONAL INSTITUTE OF MUNICIPAL CLERKS Mayor Kragness acknowledged the contribution of Sharon Knutson to the City of Brooklyn Center in her position as City Clerk and expressed appreciation accordingly. MOTION TO RECESS A motion by Councilmember Carmody and seconded by Councilmember Mann to recess the September 23, 1996, Regular Session at 7:45 p.m. and reconvene in Conference Room B passed unanimously. RECONVENE IN CONFERENCE ROOM B The meeting was declared reconvened by Mayor Kragness at 8:02 p.m. DISCUSSION OF POTENTIAL 1997 NEIGHBORHOOD STREET PROJECTS Mr. McCauley informed Council there is approximately $300,000- 400,000 to use for capital projects in the 1997 draft General Fund budget, with the potential for an additional $100,000 or more from unexpended 1996 General Fund monies. If the Orchard Lane West project were to proceed, it would use all of the funds anticipated to be generated in 1997 in the General Fund not designated for operations and any under spent appropriations in the 1996 budget. i Parks If the Orchard Lane West project is pursued, no park/park shelter work would likely be completed in 1997. All parks are functional at this point except for a tennis court at Kylawn Park; however, this will be addressed this fall. Handicap accessible portable toilets are in place at picnic shelters and high -use parks. The parks in the four corners of the City plus Central Park are handicap accessible. Mr. McCauley outlined a budgeting scenario relating to parks using a one park per year approach or 1.5 parks approach that would be developed as part of a comprehensive planning for park equipment replacement and improvement. One of the goals of this planning process would be to even out park replacement work so that everything would not wear out at the same time. Neighborhood Street Improvement Issues Mr. McCauley shared that the majority of the Orchard Lane West project priorities relate to water and drainage issues. Director of Public Services Diane Spector discussed how projects are selected. First, areas are identified which have multiple needs. To help narrow down those project areas which are most needy, a checklist has been completed providing an across the board comparison of those projects. • 09/23/96 _10- ..Y� At's I Ms. Spector talked about those areas with the highest priority needs, their related fiscal issues, and • the physical ability to complete projects (average of four miles /year). Orchard Lane West Project Cost of the Orchard Lane West project is estimated at $3.65 million, to be covered by water utility, sanitary sewer utility, storm drainage utility, assessments (street and storm drainage) and other resources. Project costs will be refined with field work. Ms. Spector talked about the addition of three long streets (Winchester Lane, 66th Avenue, and Howe Lane) to the project. Two main reasons for completing these streets at this time include drinking water quality and completion of area drainage improvements. Common resident complaints and skunky water would be addressed by improving these three additional streets. France Avenue, 69th Avenue to North City Limits This area was last reconstructed in 1956. Approximately 6,500 vehicles are served by this street on a daily basis. As well, it is a major bus route and also provides on -street parking. Since France Avenue is a State Aid street, reimbursement should be able to be obtained for incurred costs of the street and the utilities would pay for the utility work. It may not be possible to provide fieldwork, design, and construction engineering for both the Orchard Lane West and this project using in -house staff. 48th Avenue southern art of Ci C ommercial/Industrial cati � ty) L• inn This roadway serves a commercial area and is in poor condition. As well, it experiences moderate to severe drainage problems. It is proposed the street be reconstructed as well as construction of a treatment pond to treat storm water prior to discharge into Ryan Lake. This project would only be proposed if the property owners petitioned for the project as the entire street costs would be assessed against the businesses. Councilmember Carmody expressed concern with establishing a difference between assessment of businesses for 100 percent of the project cost versus residents. If the street is a State Aid street the businesses would be assessed 70 percent with the remaining 30 percent covered by State Aid. Ms. Spector reviewed the City's assessment policies for various types of properties. Senior Deferral Pro State statutes allow cities to establish programs to allow qualifying senior citizens and persons who are disabled to defer their special assessment until such time as the property is sold. 09/23/96 DRAFT Assessment Stabilization Pro rg am Ms. Spector believed it was questionable whether the City can afford to continue providing the funds for the assessment stabilization program. At the level of grants awarded in 1996, an expenditure of about $100,000 can be expected each year. Options Ms. Spector talked about three different options for Council to consider as follows: 1) Totally discontinue the Assessment Stabilization, and direct senior property owners to the existing deferral program. 2) Direct seniors to the deferral program, but continue the Assessment Stabilization program for non - seniors. 3) Continue the Assessment Stabilization program, but make dramatic changes in its implementation so that only property owners making less than a certain amount of money would receive a grant. Ms. Spector added implementation of a rolling five -year plan of neighborhoods to be considered for improvements will better educate residents about when their street is scheduled for construction. This will hopefully encourage residents to start saving money to help pay for assessments, or make other financial decisions knowing that such an expense is likely to come up. Councilmember Nichols indicated a desire to continue use of the Assessment Stabilization Program. Mayor Kragness inquired whether a disabled person would qualify for the deferral program. Ms. Spector indicated the program has not been used very much in the past. Mayor Kragness preferred totally discontinuing the Assessment Stabilization Program, and directing senior property owners to a senior deferral program. Councilmember Nichols confirmed corner lots would be a single assessment while double lots would be doubly assessed. ISTEA Grant Monies Councilmember Carmody cited identification of Brooklyn Boulevard as the "most dangerous in Hennepin County" inquiring about potential shared cost of the project and right of way acquisition. She wondered if a lower cost alternative might be installation of a median with cut outs. Councilmember Carmody inquired about mill and overlay costs. Ms. Spector indicated there would be minimal cost on the City's part if the project was only a mill and overlay. Councilmembers Carmody and Mann agreed mill and overlay needs to be completed. 09/23/96 -12- � ' l_ t Staff will approach Hennepin County and will bring information back to Council regarding the City's options. ADJOURNMENT A motion by Councilmember Carmody and seconded by Councilmember Mann to adjourn the meeting at 9:46 p.m. passed unanimously. City Clerk Mayor Recorded and transcribed by: Connie Beckman Timesaver Off Site Secretarial 09/23/96 -13 - MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL • OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA QUESTION /ANSWER SESSION PERTAINING TO APPLICATIONS FOR CONTRACTUAL SERVICES REQUESTS FOR FUNDING 1997 SEPTEMBER 30, 1996 CITY HALL, CONFERENCE ROOM B CALL TO ORDER The Brooklyn Center City Council met in special work session and was called to order by Mayor Myrna Kragness at 5:35 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Debra Hilstrom, Kathleen Carmody, and Charles F. Nichols, Sr. Also present were City Manager Michael J. McCauley and Council Secretary Connie Beckman. Councilmember Kristen Mann was absent. QUESTION /ANSWER FORMAT Five programs were asked to appear before Council tonight regarding requested monies. Fifteen minutes were allotted to each program for a question/answer session based on description overviews already submitted by each program. PROJECT P.E.A.C.E. Michelle Cleveland was present, representing Project P.E.A.C.E. Councilmember Hilstrom inquired the reasoning for different contributing amounts to Project P.E.A.C.E. by each city. Ms. Cleveland responded there are two criteria/parts which contribute to an overall formula which determine how much each city contributes to Project P.E.A.C.E. "Part A" relates to Community Advocacy which is the population served based on figures given by the Metropolitan Council. "Part B" relates to Domestic Violence Intervention which is the responses to domestic violence police reports and arrests which are based on Project P.E.A.C.E. data from January 1996 to June 15, 1996. City Manager McCauley questioned Maple Grove's lower per month arrest rate. Apparently, certain wording of Maple Grove's mandatory arrest ordinance is different from that of Brooklyn Center and Robbinsdale ( "may" versus "shall "). The difference in wording contributes a lower arrest rate in that 09/ 0/96 -1- A FT law enforcement officers are not necessarily required to make an arrest when "may is used; more mediation and separation are used. Follow up is still done in Maple Grove by orienting victims of • their options and available resources. Clarification regarding probable cause and how State law applies in such a situation was offered by Mr. McCauley. In response the Councilmember Nichols, if shelter space is a necessity, a person is referred to an existing shelter (i.e. Tubman) since Project P.E.A.C.E. does not offer direct shelter services. All other advocacy services are available, however, through Project P.E.A.C.E. In response to Mayor Kragness, there is a 24 -hour crisis telephone line which is primarily staffed by volunteers. These volunteers work three to four, twelve -hour shifts per month. In response to Councilmember Nichols, Ms Cleveland indicated each city in Hennepin County contracts with a domestic violence intervention project provider (criminal court advocacy and restraining orders), but this does not include shelter space services. In response to Councilmember Nichols, Ms. Cleveland stated that Project P.E.A.C.E. would be unable to continue service delivery if it was Council's decision to discontinue funding of the program. Currently, there is a domestic abuse center in downtown Minneapolis whose service consists of only writing restraining orders but no follow -up advocacy. However, Project P.E.A.C.E. encompasses a much greater service provision as follows: transportation to /from court hearings; child care; criminal court advocacy which includes actual appearances in court and follow -up on corresponding paperwork. Councilmember Nichols inquired about follow -up on restraining orders. Ms. Cleveland responded a woman obtaining a restraining order is educated as much as possible which includes finding shelter/housing, and providing access to as many options as possible. She added a woman is seven times more likely to be hurt after leaving an abusive relationship. In response to Councilmember Nichols, there are currently no Federal funds available for use by Project P.E.A.C.E. now or in 1997. However, there are potential Federal funds which may be available in 1998. If Federal funds are available this could result in a lesser amount requested from the City. In response to Councilmember Hilstrom, there are no immediate plans to add any communities to those being served already by Project P.E.A.C.E. Mayor Kragness inquired about repeat offenders. Ms. Cleveland responded she has been with the organization for three years and has seen some repeats, but not a lot. She added the same victims are not the only repetition observed, but offenders--just in different relationships - -as well. Ms. Cleveland noted Project P.E.A.C.E.'s request has decreased by nine percent which is due in part to the increase in service use by Maple Grove. • 09/30/96 -2- 7 n1 ii In response to Councilmember Carmody, Ms. Cleveland noted Project P.E.A.C.E. staff work police • educating them on situation judgment/evaluation. A good rapport with law enforcement has been strived for and obtained through education provision. Councilmember Hilstrom inquired about the organization's Board of Directors. Currently, there are three Board members: Maple Grove Chief of Police; Captain Joel Downer from Brooklyn Center; and Robbinsdale Chief of Police. Given the joint powers agreement, these members were originally selected in or around 1992. Any addition to the Board's membership is decided by the Board, itself. Councilmember Nichols expressed surprise that no consumer of the organization is a Board member. The City Manager suggested formation of an Advisory Board where membership consists of a consumer would be more appropriate. In response to Mayor Kragness, there is no availability of obtaining outside funding from organizations /foundations given that Project P.E.A.C.E. does not possess non - profit status. Ms. Cleveland added the organization was originally designed to eventually obtain non - profit status, however, the Board is not in favor of such a designation. In closing Ms. Cleveland reiterated although Brooklyn Center's usage of Project P.E.A.C.E.'s service has increased 64 percent, monies being requested from the City have been decreased by nine percent. CEAP • Tia Henry- Johnson was present, representing CEAP. Currently, CEAP is looking for a new facility in which to be housed as they have sold their current building. It is the desire to remain in Brooklyn Center. They have up to 18 months to relocate per their current lease. The property was sold for $325,000, but it is very unlikely this would be enough to build a facility given high property costs. CEAP needs at least 18,000 square feet of office space compared to the current footage of 6,000 square feet. In response to Councilmember Hilstrom, CEAP desires to be at a location which is on the bus route as this is and has been a need. Councilmember Carmody inquired about past contributions made by the City in the amount of $100,000 and/or land. Ms. Henry - Johnson responded there was no land given to CEAP, however, $100,000 was given with an accompanying lien against CEAP's property to ensure consistency in location and service delivery. Ms. Henry - Johnson explained CEAP is specifically requesting funds to address unexpected cuts in senior services. Notification of these cuts has come from the MN Agency on Aging resulting in decreases as follows: 30 percent for Meals on Wheels (financed directly from Title 3 Federal monies); 50 percent for Handiworks Program known as the Chore Service Program. Other cuts were anticipated on the Federal level, but not ones which would affect these programs. These programs 09/30/96 _3_ Mor are thought to be the most "runable" programs by CEAP officials. In the past seven weeks a waiting list of 22 senior citizens has been created for Meals on Wheels. This is the first time such a list has • occurred in CEAP's history. CEAP is afraid to take on waiting list seniors prior to assurance of funds for future operating needs. Ensured funding would deliver continued service to those seniors for more than just the remaining four months of the budget year. Councilmember Carmody inquired about the Chore Service Program. Currently, 269 seniors are served who live in Brooklyn Park, Brooklyn Center, and Champlin. Of those served, 67 percent live in Brooklyn Center. The majority of seniors served are on the low end income level. The Chore Service Program provides in -home help (i.e. cooking, cleaning) and external services (i.e. grass cutting, snow shoveling, very light repairs); the majority of services are in -home. Also, a small percentage of the population are not seniors, but people who are severely handicapped. Services are delivered on a sliding fee scale since most incomes of those served are rated below the poverty level. Generally, charges to service recipients are $1/hour with the average wage of $6.75- $7.25/hour being paid to workers. In response to Councilmember Carmody, there is certain criteria for participation in the program services. In -home visits are conducted once /month and contact with a family member from outside the home is done. If there are health/medication complications (i.e. dizzy /faint) related to the person being served, contact from medical personnel (i.e. doctor) is usually received. Participants in the program are served on a month -to -month basis. Councilmember Hilstrom requested a copy of information explaining the Meals on Wheels and • Chore Services programs. Information will be forwarded accordingly. In response to Councilmember Carmody, 80 percent of operating monies are from Title 3 (Federal) funds which is distributed through the M Triple A (MN Council on Aging). CEAP is one of 26 vendors, but the only agency that serves northwest Hennepin County, which is also one of the largest areas served (approximately a 15 -mile radius). There are attempts being made to raise the anticipated shortage of money through local fundraisers and foundations /corporate sponsors (i.e. rotary, etc.). Mayor Kragness inquired about the response received from outside donors. Currently, there are outstanding proposals. In the past, mostly driving services (i.e. Meals on Wheels) donations have been received. In the last year approximately $6,000 -7,000 has been raised. Foundations have viewed donations as contributions to address operating costs and, therefore, have no desire to get into direct service provision on a long -term basis. Churches have participated with the food shelf thus making it a difficult situation to request any monies. In response to Councilmember Nichols, the McKnight Foundation and General Mills are currently being accessed for operating monies. Twenty -six percent of CEAP's overall budget comes from United Way. There has been appeal made to United Way for further funding. As a result there is i 09/30/96 -4- an option of applying for Phase Two funding, but there are other programs who are in the same • situation with regard to Federal funding cuts. Ms. Henry- Johnson reiterated focus cannot be placed on any one specific funding source and all options must be explored. NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL Patty Wilder was present, representing Northwest Hennepin Human Services Council. Councilmember Carmody commented the Northwest Hennepin Human Services Council appears to be adding more policies to be agreed upon between city governments. Ms. Wilder responded the agency will be 25 years old next year and is currently serving a 15 -city region. Policies /services the agency offers are based on topics which primarily focus on housing (inner -city need) and transportation (outer -city need). In response to Mayor Kragness, there are 13 full -time equivalent employees and "a great number of volunteers" who come in on a day -to -day basis assisting in various projects. Councilmember Nichols inquired about evaluations conducted of the agency's programs. Each program has an evaluation measure of goals /objectives and accompanying statistics. As an umbrella agency, work with other non - profit agencies is done to ensure non - duplication of services. Home Station is an agency under Northwest's umbrella. This agency serves youths ages 10 -17 years who • are runaways and/or referred to as "throw away youth." The ultimate goal of Home Station is to promote family unification while providing stable housing. Mayor Kragness inquired about foster care provision by Northwest. Ms. Wilder responded Northwest licenses volunteers who offer host homes where youth are placed for a period of three to five days. In response to Mayor Kragness, Ms. Wilder talked about indirect services provided to those people who are homeless and without financial resources. Indirect services provided include legislative education and funding resources support. As well, there are efforts made to connect Brooklyn Center residents with resources who may be without transportation to /from the hospital. Mayor Kragness inquired about alternative funding resources available to Northwest. Ms. Wilder responded that due to joint powers funding, central funding has been from city governments. There have been monies received from foundations such as the McKnight and General Mills. Sixty percent of monies received go directly to operations and 40 percent are returned indirectly to the respective cities which provide funding to the program. The majority of monies received from foundations and grants is used for research, planning, and coordination. Councilmember Nichols inquired about settlement housing. Northwest has worked only indirectly with this type of housing. 09/30/96 -5- � ' J � r BROOKLYN PEACEMAKER • Don Egnell was present, representing Brooklyn Peacemaker. Mayor Kragness shared a letter from the director of Brooklyn Peacemaker with those present. The director sent her regrets for not being able to attend tonight's meeting given her presence in China for pending adoption of a child. Previously, funds for operation were insufficient. However, fundraising efforts were very successful and pulled the program through. In response to Councilmember Nichols, applications submitted to foundations for monetary support have been turned down. Reasons for being turned down were not specific. Application for monies have been submitted to the State for additional funding under the Crime fund. However, any monies received would need to be earmarked for a specific project which would require hiring of an additional staff person. Councilmember Carmody referred to the anticipated $15,000 increase in funding needs, inquiring whether Hennepin County has been approached for some of the needed monies. Mr. Egnell stated that Hennepin County has been contacted, however, no response has been received at this time. Funding from Hennepin County has been received for the last three years at $15,000 /year. Last year (1996) was the first year Brooklyn Peacemaker was funded through the County Attorney's office. In response to Mayor Kragness, inquiries have been made to Brookdale vendors (i.e. J.C. Penney, Sears) about possible funding. However, they have been told to contact each respective corporate office. Mr. Egnell noted some of these vendors did contribute to a past fundraiser through sponsorship and small donations (i.e. money or merchandise). • Councilmember Hilstrom inquired about SCOPE at Brookdale. The response was good in that approximately $1,200 was generated as well as recruitment of a few new volunteers. Councilmember Nichols inquired what would happen if no monies were received from the City. Mr. Egnell responded their organization would operate as best as it could. Fundraising efforts would need to be increased over and above what is already being done. Worst case scenario would be facing folding of the Brooklyn Peacemaker. Currently, program counselors receive $35 /session or $70 /three hours of work as compared to $100 +/hour. These program counselors are trained professionals and it is the desire of Peacemaker officials to compensate them accordingly, and the caseload is increasing. In response to Mayor Kragness, referrals are being generated from the Brooklyn Center Police Department and Hennepin County's De Novo program. Mr. Egnell talked about recidivism results from January 1, 1995 to June 30, 1995. Of 68 percent surveyed, 87 percent (or 59 youth) did not re- offend. And, of the 68 percent surveyed, 97 percent of the referrals made by Brooklyn Center did not re- offend. It is believed the increase in percentage success between Brooklyn Center and Hennepin County is due in part to the difference in paperwork • 09/-30/96 -6- turn around time and associated contact time with offenders' families; five days for Brooklyn Center • and four weeks for De Novo. In response to Councilmember Hilstrom, there are two possible areas of expansion in the near future: 1) hiring someone new under State funding; and 2) the County Attorney might assign responsibility for the northwest quadrant in which referrals would be made directly to Peacemaker versus De Novo. Currently, no referrals are being received regarding runaway youths as this would require a completely different type of program and accompanying services. There have been a couple of dealing with run away youth situations, however. It is possible there may be a program already in place through Hennepin County which addressed this issue. Councilmember Hilstrom inquired about funding received from Robbinsdale. Robbinsdale compensates Peacemaker on a per case basis at $50 /referral. Mr. Egnell added as of January 1, 1997, there will no longer be a per case fee if and only if adequate funding can be obtained. This is because the majority of cases referred are underwritten by Peacemaker due to the clients inability to pay the $50 fee. Approximately $6,000 has been used this year for service to those families who cannot afford the $50 fee; $10,000 is usually budgeted for the operating year. BROOKLYN CENTER YOUTH HOCKEY Pete Hespen was present, representing Brooklyn Center Youth Hockey. In response to Mayor • Kragness, there have been girls who have participated in the hockey program. So far this year, one girl is registered. Equipment provided for the players includes jerseys, breezers (short-type pants), and goalie attire. Breezers last about five to six years and cost approximately $120 /pair to replace. New breezers were purchased by the program in 1995. Items families are required to provide are as follows: shoulder pads; helmet; hockey stick; and skates. Parents are encouraged to buy and/or exchange used equipment. Registration fees entail $250 for a traveling team and $90 for registration/try outs. Fundraising is conducted to help offset costs to parents. If no fundraising was conducted, the average cost per skater would be $704. The hockey program does not have a savings account. In response to Councilmember Nichols, investigation of fundraising via a pull tab operation has been explored. However, there is not really a location available at this time. In response to the City Manager, the program runs on a fiscal year and will have an approximated $5,700 to carry over to next season. This fiscal carry over is due in part to a reduction in ice time resulting in less money spent on ice time rental (less than 200 hours). Councilmember Nichols inquired about revenue generated from hockey games; there is none. • 09/30/96 -7- Participation of Brooklyn Center residents in the program are as follows: 1992- 93 =81; 1994 =103; 1995 =108; 1996 = 110 -115. All players in the program are Brooklyn Center residents, except for two • or three players who are picked up from the Osseo traveling team if there is a shortage of players. Parents are responsible for player costs associated with out -of -town tournaments /games. There is limited ability for intervention by a hockey team official if a child is encouraged by his/her parent to play despite that child's protest. ADJOURNMENT Mayor Kragness declared the meeting adjourned at 6:50 p.m. City Clerk Mayor Recorded and transcribed by: Connie Beckman TimeSaver Off Site Secretarial • 09/30/96 -8- DR AFT 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 JOINT MEETING WITH BROOKLYN CENTER CHARTER COMMISSION SEPTEMBER 30, 1996 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in special session with the Charter Commission and was called to order by Mayor Myrna Kragness at 7:05 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Debra Hilstrom, and Charles F. Nichols, Sr. Also present were City Manager Michael J. McCauley and Council Secretary Connie Beckman. Councilmember Kristen Mann was absent. • Charter Commission members resent: Chairman Tim Willson Walter Bursch S Knapp, P � Y pp� Oslund, Todd Paulson, Ted Willard, Carl Wolter, and Commission Secretary Carole Blowers. CHARTER REVISION TO CHAPTER 6 ADMINISTRATION OF CITY AFFAIRS OF THE CITY CHARTER Information was distributed to Council members regarding recent action by the Charter Commission at its September 25, 1996, meeting. Action included amendment of Chapter 6, Section 6.02, Subdivision. 3 (a) of the City Charter in which Commissioners voted to remove the last sentence in that subdivision which read, "Appointment and removal of department heads shall be made final only upon majority vote of the Council." Deletion of this sentence would allow the power of appointing and removing department heads to be with the City Manager alone, without majority vote approval by the Council making those kinds of decisions final. Councilmember Nichols observed that if the City Manager is not granted the ability to hire /fire, he has not really been given the ability to be City Manager since it is Council's primary responsibility to set policy and the City Manager's responsibility to implement that policy. • 09/30/96 _1_ DRAFT Charter Commission Chair Willson acknowledged Mr. Nichols' statement adding the wording • change would put extra responsibility on Council members to follow through more with the City Manager with respect to lines of communication. Charter Commission member Knapp stated that the proposed change offers a certain measure of protection in three aspects: 1) effective administration of the City's business; 2) liability issues; and 3) political issues. Mayor Kragness reiterated that Council makes policy decisions whereas hiring /firing is not policy related. APPOINTMENT /CONFIRMATION OF DEPARTMENT HEADS Charter Commission Chair Willson informed Council nothing was formally decided at the Commission's last meeting with respect to appointment/confirmation of department heads. It is probable language will be added regarding hiring of employees. "Termination" and " appointment/confirmation" will most likely be viewed and treated as separate items within the Charter. From a practical standpoint, Mr. McCauley believed that if Council has faith in the City Manager, then the City Manager should be afforded the decision to hire without Council confirmation. He added that if he had to choose he would prefer the power to hire without confirmation versus • permission to fire. Mr. Willson talked about accountability factors relating to the City Manager's ability to confirm/appoint and/or fire a department head. Charter Commission member Paulson indicated he believed confirmation approval by Council would allow Council to exhibit votes of confidence in the City Manager. Councilmember Nichols responded there could be scenarios in which a unanimous vote of Council members would not be realized all the time. And if a unanimous vote was not given by Council, this would not create an atmosphere of Council support for the City Manager. Mr. Paulson indicated a desire to see Council involvement in appointment(s) /termination(s) of department heads to some degree. Mr. McCauley responded Council should be fully informed of decisions made by the City Manager and understand what's happening. Charter Commission member Knapp cited his past interviewing experience and associated processes. Given Council is not required to be trained in the area of potential human rights act issues, a wrong question could possibly be posed to a potential department head. 09/30/96 -2- DRAFT Mr. Willson talked about the processes which accompany a proposed wording change to the Charter. . He also provided insight to Councilmembers about time lines and how much research and accompanying deliberation is completed prior to presenting anything to Council for approval; some items take as long as two years for Charter Commission consideration. Ms. Oslund referred to the Council's recently set goals and inquired if there was anything in the Charter that needed to be addressed which are related to these goals. The City Manager indicated discussion of Chapter 7 in the Charter might be appropriate with respect to setting forth a broader scheme. Commissioner Oslund agreed adding the broader scheme should include operations into the year 2,000. In closing, Mr. Willson assured Council the Charter Commission is not a watchdog commission. ADJOURNMENT A motion by Councilmember Hilstrom and seconded by Councilmember Carmody to adjourn the meeting at 8:03 p.m. passed unanimously. City Clerk Mayor Recorded and transcribed by: Connie Beckman TimeSaver Off Site Secretarial • 09/30/96 -3- MEMORANDUM • TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk ';',/ ,i yt DATE: October 8, 1996 SUBJECT: Appointment of Additional Election Judges for November 5 General Election Minnesota 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 judge 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 5, 1996, General Election. Eleanor Bentzen 5508 Aldrich Drive North B. K. Wilson 5327 Fremont Avenue North Bill Siems 6206 Colfax Avenue North Mary Ellen Roberts 6819 Orchard Avenue North • Christine Polis 6.300 Brooklyn Drive Joyce Samuelson 4207 Lakeside Avenue North, #229 Member introduced the following resolution and moved • its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION OF BARRY JENSEN FOR HIS ACHIEVEMENT IN SWIMMING 500 MILES IN THE BROOKLYN CENTER POOL WHEREAS, over a three -year period, Barry Jensen, 6280 6th Street Northeast, swam 500 miles in the Brooklyn Center pool; and WHEREAS, this achievement reflects the dedication, skill, and perseverance of Mr. Jensen; and WHEREAS, it is highly appropriate that the City Council recognizes his accomplishment. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the achievement of Barry Jensen is recognized and he is hereby congratulated by the Brooklyn Center City Council. • 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, 1996 TO: Michael McCauley, City Manager FROM: Scott Brink, City Engineer`^ SUBJECT: Resolution Establishing Improvement Project Nos. 1997 -01, 02, and 03, Orchard Lane West Street, Storm Drainage, and Utility Improvements, and Accepting Quotations for Sanitary and Storm Sewer Televising Introduction The Council on September 23, 1996, reviewed proposed 1997 street and utility projects. The purpose of tonight's item is to formally establish the proposed Orchard Lane West project and begin the process of preparing feasibility studies and receiving public input. Establishing a project and directing the preparation of a feasibility report does not commit the Council to ordering a project. It will be studied on its own merit, and considered at public informational meetings and a public hearing. This project is proposed to be funded from a • variety of sources, including assessments, public utility funds, and capital improvement funds. Orchard Lane West The neighborhood project proposed for 1997 is called Orchard Lane West. This project area is shown on Map 1. In general, it includes all streets in the City west of Orchard Avenue North and south of I- 94/694, with the exception of 63rd Avenue. It is expected that a variety of improvements will be performed, including replacements of sanitary sewer, water main, and the construction of new storm sewer, concrete curb and gutter, and bituminous surfacing. At 4.5 miles of streets this would be the largest contiguous area undertaken so far in the neighborhood Street and Utility Improvement Program. Continuing in the area begun in 1996 with the Orchard Lane East project, the streets would be proposed to be reconstructed to a neighborhood standard of 30 feet wide with concrete curb and gutter. This would complete drainage improvements begun with the Cahlander Park pond and the Orchard Lane East project. There is additional "downstream" work which is necessary to complete all the major drainage needs in the subwatershed, but those are of a lower priority. However, a major focus of this project would be on improving drinking water quality. This area has for many years had the worst water quality in the City and most complaints from residents. This is due mainly to two factors: the area is a hydraulic "dead end," essentially the area farthest from the well field and the transmission loop; and the water main was constructed of unlined cast • iron pipe. After much study (including the option of reconstructing the streets and replacing the water main), in 1985 three circulating pumps were installed at various points in the system, and the City began to add a new chemical treatment, zinc orthophosphate, to the water supply. These actions reduced the number of complaints, but added a maintenance burden and significant operating cost. The condition of the streets in the proposed project area varies, but most are aging and deteriorating. The streets south of 63rd are in the poorest condition, while Winchester, 66th, and Howe are in relatively better shape. As conceptualized earlier this year, the proposed project excluded those three streets. However, on further review they have been added to the proposed project so as to complete the drainage and utility improvements in the middle -west subwatershed. As noted above, there are two main reasons for considering this area at this time: drinking water quality, and completion of area drainage improvements. Preliminary inspection has shown that the sanitary sewer is in need of replacement in many areas as well. The proposed project would replace nearly one -half of the remaining unlined cast iron water main in the City and provide a major improvement to the quality of drinking water in the neighborhood. Table 1 below shows a relimin estimate of the cost of the project. The assessment figures p �'Y P J assume that street assessments will rise from $1,850 to $2,000 and storm drainage assessments will rise from $625 to $650. The street light replacements assume replacement of existing lights, • and installation of mid -block lights in a few locations on long blocks which meet the current street light location policy. Table 1 Preliminary Estimated Cost, Orchard Lane West Project COSTS Construction (incl 25 %) $3,303,000 Staff Engineering 180,000 Professional Services 15,000 Admin, Legal 50,000 ; Street Light Replacements 102,500 Tree Replacements 25,000 TOTAL COST $3,675,500 FUNDING • Water Utility $1,001,050 • Sanitary Sewer Utility 514,750 Storm Drainage Utility 229,650 Assessments - Street 1,028,000 Assessments - Storm Drainage 334,100 Other 567,950 TOTAL FUNDING $3,675,500 Crews have already begun field work for this project. We have sent an introductory letter to the neighborhood, notifying them that this project is in the very early stages of consideration. We also included a survey form which allowed residents to comment on their perceptions of needs in the neighborhood. If the Council desires to further consider this area for improvements for 1997, it should consider the following actions at this time: 1 -) Consider a resolution establishing the projects, accepting quotes for sewer televising, and directing staff to prepare a feasibility report. 2.) Direct staff to hold informational meetings with the neighborhood, after completion of preliminary field work and design, utility needs assessments, and assessment of the surveys returned from residents. MAP 1 1 -- 94 H 0 WE LA. z 66TH. AVE. N. Q WINCHESTER LA. Y tl. ssTH. AVE. N. z z z Q PAU DR. o Q W Z J I Q JO Q Q ~ 64TH AVE. ¢ c f CL z Z w c� z w Y v ELEANOR LA. O O m J O 0 0 V 63RD. AVE. N. (n H H V) BOULDER LA. z z Z Q O z J c 62ND. AVE. N. N uj w c1 E±� 161 ST. AVE. N. CITY OF CRYSTAL ORCHARD LANE WEST Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NOS. 1997 -01, 02, AND 03, ORCHARD LANE WEST STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS, AND ACCEPTING QUOTATIONS FOR SANITARY AND STORM SEWER TELEVISING WHEREAS, the City's Pavement Management Program indicates that many of the streets in an area of the City known as Orchard Lane West can no longer benefit from sealcoating and other routine maintenance, and should be considered for reconstruction; and WHEREAS, a detailed storm drainage analysis of the subwatershed in which Orchard Lane West is located indicates that substantial drainage improvements should be considered for this area to relieve drainage capacity problems; and WHEREAS, documentation demonstrates a history of concerns and problems relating to the water distribution system in this neighborhood, including circulation and water quality; and • WHEREAS, available records indicate identifiable amounts of deterioration and repair needs for the sanitary sewer system in this area; and WHEREAS, the Council desires to consider street, drainage, and utility improvements in this neighborhood to be constructed in 1997; and WHEREAS, quotations have been obtained for additional sewer televising services as follows: Visu - Sewor Clean and Seal, Inc. $4,402.00 Infratech $4,407.50 Buchen Environmental $5,959.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. Improvement Project Nos. 1997 -01, 02, and 03, Orchard Lane West Street, Storm Drainage, and Utility Improvements are hereby established. The project area includes all streets in the City west of Orchard Lane North and South of I- 94/694. 2. The proposal as submitted by Visu -Sewer Clean and Seal, Inc. of St. Louis Park, MN in the amount of $4,402.00 to perform sanitary and storm sewer televising in this project area is hereby accepted. RESOLUTION NO. • 3. City staff is hereby authorized and directed to assemble and develop such information as necessary to develop a reliable needs evaluation and cost estimates, financing options, and feasibility reports for the above established projects. 4. Staff is hereby authorized and directed to conduct informational meetings as necessary in the above described neighborhood to introduce the proposed project, and to present the findings of the preliminary reports. 5. Staff is hereby directed to report the results of said informational meetings to the City Council for further consideration of possible improvement projects. 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 3, 1996 TO: Michael McCauley, City Manager FROM: Scott Brink, City Engineer_, SUBJECT: Resolution Establishing Improvement Project Nos. 1997 -04, 05, and 06, France Avenue, 69th Avenue to North City Limits, Street, Storm Drainage, and Utility Improvements Introduction The Council on September 23, 1996, reviewed proposed 1997 street and utility projects. The purpose of this item is to formally establish the above project and begin the process of preparing a feasibility study and receiving public input. Establishing a project and directing the preparation of a feasibility report does not commit the Council to ordering a project. The project will be studied on its own merit, and considered at public informational meetings and a public hearing. The project is proposed to be funded from a • variety of sources, including combinations of assessments, public utility funds, and municipal state aid street construction funds. France Avenue, 69th to N. City Limits France Avenue from 69th to the north city limits (see Map 1) is a major collector route serving approximately 6500 vehicles daily. It is a Municipal State Aid route. As such, it should be maintained in reasonable condition. It was last reconstructed in 1956, and has reached the end of its useful life. It is in poor condition, and requires drainage improvements. Unlined water main is also in poor condition. It is proposed to reconstruct France Avenue in accordance with State Aid standards, with concrete curb and gutter. Water main would be replaced along with segments of sanitary sewer. Storm sewer would also be added and repaired as necessary. As identified in the City's Emergency and Water Conservation Plan, during construction of this project, an emergency connection to the Brooklyn Park water system would also be constructed. This tie -in would provide a back -up source of drinking water should certain types of emergency situations occur, such as a major power outage affecting the well field; loss of one or more wells during peak usage periods; a major fire; loss of a tower, etc. Brooklyn Center does not currently have an emergency connection to any other City, or other water source. • It may not be possible to provide fieldwork, design, and construction engineering for both the ® Orchard West and this project using in -house staff. It is therefore proposed to consider engaging the services of an engineering consultant for at least a portion of this work. An RFP has been prepared to solicit proposals, should the Council so direct. Table 2 Preliminary Estimated Cost, France Avenue, 69th to N City Limits COST Construction (incl 25 % contingency) $435,000 Professional Services 10,000 Engineering 45,000 Administration, Legal (3 % of 13,000 construction) TOTAL COST $503,000 FUNDING Water Utility $118,700 • Sanitary Sewer Utility 31,500 Storm Drainage Utility (33,150) Regular MSA 288,400 Local State Aid (29,950) Special Assessments 127,500 TOTAL FUNDING $503,000 If the Council desires to further consider this street for improvements for 1997, it should consider the following actions at this time: 1.) Consider a resolution establishing the projects, solicitation of Consultant RFP's, and directing staff to prepare a feasibility report. 2.) Consider sending surveys to residents and neighboring properties notifying them of the projects and requesting their comments. 3.) Direct staff to hold informational meetings with the neighborhood, after is completion of preliminary field work and design, utility needs assessments, and assessment of surveys returned from residents. DIE _ L 1 T5RD A wooOBINE ; + z z! Z ! 7 72ND LA.` -4 LET N. jc uj • i S -s. x AVE z , I Z _ 70TH z w N. < < H , %TH. AVE. N. 7r7? rope U. S. rosy DICE < ACC J ! < > .iWAD m a Q�3E7 Y ! GRIME 6871q. AVE. N. . --r- - �r - -. rn FRANCE AVENUE NO. MAP 1 Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NOS. 1997 -04, 05, AND 06, FRANCE AVENUE, 69TH AVENUE TO NORTH CITY LIMITS, STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS WHEREAS, the City's Pavement Management Program indicates that France Avenue North at the above location can no longer benefit from sealcoating and other routine maintenance, and should be considered for reconstruction; and WHEREAS, a detailed storm drainage analysis of the subwatershed in which France Avenue North is located indicates that substantial drainage improvements should be considered for this area to relieve drainage capacity problems; and WHEREAS, the City's Water Conservation and Emergency Management Plan has identified a need to establish a connection with the City of Brooklyn Park for emergency purposes; and WHEREAS, available records indicate identifiable amounts of deterioration and repair needs for the water main and sanitary sewer systems in this area; and WHEREAS, the Council desires to consider street, drainage, and utility improvements in this neighborhood to be constructed in 1997. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. Improvement Project Nos. 1997 -04, 05, and 06, France Avenue North, 69th Avenue to the North City Limits, Street, Storm Drainage, and Utility Improvements is hereby established. 2. City staff is hereby authorized and directed to assemble and develop such information as necessary to develop a reliable needs evaluation and cost estimates, financing options, and feasibility reports for the above established projects. 3. Staff is hereby authorized to solicit RFP responses from appropriate consulting engineering firms in the event additional professional services are needed. 4. Staff is hereby authorized and directed to conduct informational meetings as necessary in the above described neighborhood to introduce the proposed project, and to present the findings of the preliminary reports. RESOLUTION NO. 5. Staff is hereby directed to report the results of said informational meetings , to the City Council for further consideration of possible improvement projects. 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 9, 1996 TO: Michael McCauley, City Manager FROM: Joyce Gulseth, Public Works Administrative Aide r U SUBJECT: Resolution Accepting a Gift of $1,000 from Cracker Barrel Old Country Store Foundation to Plant Evergreen Trees in Evergreen Park In mid April, a representative of Cracker Barrel Old Country Store Foundation contacted the City requesting a proposal for consideration for a $1,000.00 grant. The Foundation seeks to strengthen and preserve the communities where they have locations by supporting programs in the areas of education, human services, cultural affairs, and the environment. For several years the park division of public services has been seeking funding to establish a living snow fence in Evergreen Park. The proposed project, with funding from the Foundation, intends to begin to establish a lavish yet very functional planting of Colorado Blue and Black Hills Spruce in the park. The plantings will benefit both the park area and the adjoining • roadway /sidewalk. Long term energy savings in decreased snow removal costs for roadways and sidewalks will be realized as the trees mature, forming a living snow fence. In accepting the City's proposal and awarding the grant, the Foundation requested the City keep them informed of significant changes in other needs or programs as they occur. Ten evergreens will be P lanted in Evergreen Park at 10:30 a.m. on October 15, 1996. Bill Roberson, General Manager of the Brooklyn Center Cracker Barrel Old Country Store, and several of the restaurant's employees will join City officials for the planting. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING A GIFT OF $1,000 FROM CRACKER BARREL OLD COUNTRY STORE FOUNDATION TO PLANT EVERGREEN TREES IN EVERGREEN PARK WHEREAS, the Cracker Barrel Old Country Store Foundation has presented the City of Brooklyn Center with a gift of $1,000 to plant 10 evergreen trees in Evergreen Park; and WHEREAS, the City Council is appreciative of the gift and wishes to thank the Foundation for their donation to the City's park system. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the gift of $1,000 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. • • MEMORANDUM DATE: October 8, 1996 TO: Michael McCauley, City Manager FROM: Scott Brink, City Engineery�/ SUBJECT: An Ordinance Vacating Part of a Sanitary Sewer Easement within Tract C, Registered Land Survey Number 1377 The construction of a TGI Friday's Restaurant and Country Suites Hotel is currently underway along Freeway Boulevard. In order to provide for the construction, a 16 inch diameter sanitary sewer belonging to the City needed to be relocated. The relocated sewer was completed on September 19, 1996, inspected, accepted and is currently in use. A new easement has been granted by the property owner to provide for the new location. The "old" sewer has subsequently been abandoned. The easement for the abandoned sewer must now be vacated, since it traverses through the center of the property, and no longer serves any public purpose. The item is presented to the Council this evening for a first reading. • • CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 1996, at p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider vacating part of a sewer easement located at Tract C, Registered Land Survey Number 1377, Hennepin County, Minnesota. 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 VACATING PART OF A SANITARY SEWER EASEMENT WITHIN TRACT C. REGISTERED LAND SURVEY NUMBER 1377 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. That art of a sanitary sewer easement in Tract C Registered Land p �Y � g Survey Number 1377, according to the plat on file and of record thereof, Hennepin County, Minnesota, described as follows is hereby vacated: • The centerline of said easement described as follows: Than part of Outlet D, Twin Cities Interchange Park, according to the plat of record thereof, files of the Registrar of Titles, Hennepin County, Minnesota, which lies within 10 feet of the centerline of an existing sanitary sewer main, the location of which is described as follows: Commencing at the southeast corner of Lot 1, Block 4, Garden City 1st Addition, according to the plat of record; thence southeasterly along the north line of last said plat, on an assumed bearing of South 76 degrees 07 minutes 53 seconds East , a distance of 30.00 feet; thence North 18 degrees 34 minutes 00 seconds East, a distance of 205.73 feet; thence North 1 degree 43 minutes 00 seconds East , a distance of 389.12 feet to a point on the northerly right -of -way of Interstate Highway 94, said point being the true point of beginning; thence North 10 degrees 10 minutes 30 seconds West, a distance of 219.42 feet; thence North 22 degrees 13 minutes 00 seconds West, a distance of 149.40 feet; thence North 35 degrees 05 minutes 00 seconds West, a distance of 384.27 feet; thence North 39 degrees 36 minutes 00 seconds West, a distance of 314.17 feet; and there terminating. Section 2. This ordinance shall be effective after adoption and thirty days following its legal publication. i • RESOLUTION NO. Adopted this day of , 1996. Mayor ATTEST: City Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter.) • • ` TRACT C RLS 1377 1.3 CENTERLINE OF EASEMENT TO BE V N ACATED 00. C7 ti m O ti 111 UP cop a 7 Q 7 a A > • m - Y c 2 A Y �Y> -c� � M./y c•• r �� e3q 34 Z N ' � O SCALE 1 " =5C Q � 5/12/93 / 34. /p 4 O / N se. 2j2 ID Is% o' `j4 Tp- �T r� Lit N e? -13 �3 .g 9 • MEMORANDUM DATE: October 3, 1996 TO: Michael McCauley, City Manager FROM: Scott Brink, City Engineer 4 �' SUBJECT: An Ordinance Vacating Part of A Utility Easement at Lot 2, Block 1, SANDER ERICKSON ADDITION John T. and Susan M. Shimshock , 5435 Bryant Avenue North have requested that a portion of a utility easement along the back line of their property be vacated. A portion of an existing garage extends partially into an existing easement. The garage is located within 5 feet of the rear property line. A 10 foot platted utility easement exists along the property line, so the garage therefore extends five feet into the easement. The property owner desires to have five feet of the easement vacated so that certain property and legal requirements are satisfied. • Vacation of the 5 feet of easement does not appear to impose any restrictions to existing or future utilities. A letter has been sent to the private utilities requesting comment on the proposed vacation. The item is presented to the Council this evening for a first reading. • CITY OF BROOKLYN CENTER • Notice is hereby given that a public hearing will be held on the day of , 1996, at p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider vacating part of a utility easement located at Lot 2, Block 1, SANDER ERICKSON ADDITION. 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 VACATING PART OF A UTILITY EASEMENT AT LOT 2 BLOCK 1 SANDER ERICKSON ADDITION THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. That part of a utility easement in SANDER ERICKSON ADDITION, according to the plat on file and of record thereof, Hennepin County, Minnesota, described as follows is hereby vacated: • The east 5.00 feet of the west 10.00 feet of Lot 2, Block 1, SANDER ERICKSON ADDITION. Section 2. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of , 1996. Mayor ATTEST: City Clerk Date of Publication Effective Date • (Brackets indicate matter to be deleted, underline indicates new matter.) SANDER ERICKSON ADDITION NORTH LINE OF '1- 7 2 �� 150.70 - N.88 °3200 ° E n I 20 40 60 l o 9 IN FEET of M tS IRON MONUMENT r -r SHOWN ARE ASSUMED j n V ` 150.70 -N 88 °3200 "E. - r_l U 2 s c �• 0 Z i 0 0 _ I 0 0 co N N to > N iI N -_ J Q 4• LL-1 - N OO E 150.70 88 ° 32 ' 9 i Oo i , O of 3 0 mj ' I m • 'YJ L: I 1 -SOUTH �lilE _ • MEMORANDUM DATE: June 26, 1996 TO: Michael McCauley FROM: Jim Glasoe SUBJECT: Resolution Accepting Work Performed and Authorizing Final Payment, Improvement Project No. 1996 -13, Contract 1996 -E, Playground Replacement at Grandview, Garden City, Kylawn, Marlin, Riverdale, and West Palmer Parks At its April 22, 1996 meeting, the City Council approved Resolution No. 96 -86 accepting bids and awarding a contract for Improvement Project 1996 -13, Playground Replacement at Grandview, Garden City, Kylawn, Marlin, Riverdale, and West Palmer Parks. Pursuant to the resolution, a written contract was signed with the City of Brooklyn Center and Little Tykes /Flanagan Sales Inc. Little Tykes /Flanagan Sales Inc. has satisfactorily completed the improvement in accordance with said contract. Staff recommends the work completed under said contract be accepted and approved according to the followin g schedule: Original Contract Final Amount Value of Work $220,000.00 $215,500.00 The final amount is less than the original contract because of a deduction for liquidated damages for failure to complete the work by the date specified in the contract. • Member introduced the following resolution and moved • its adoption: RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1996 -13, CONTRACT 1996 -E, PLAYGROUND REPLACEMENT AT GRANDVIEW, GARDEN CITY, KYLAWN, MARLIN, RIVERDALE, AND WEST PALMER PARKS WHEREAS, pursuant to written contract signed with the City of Brooklyn Center, Little Tykes /Flanagan Sales Inc. has satisfactorily completed the following improvement in accordance with said contract: Improvement Project No. 1996 -13, Contract 1996 -E, Playground Replacement at Grandview, Garden City, Kylawn, Marlin, Riverdale, and West Palmer Parks NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The work completed under said contract is accepted and approved according to the following schedule: Original Contract Final Amount Value of Work $220,000.00 $215,500.00 The final amount is less than the original contract because of a deduction for liquidated damages for failure to complete the work by the date specified in the contract. 2. The value of work performed is the same as the original contract. 3. 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 $215,500.00. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • MEMORANDUM DATE: October 8, 1996 TO: Michael McCauley FROM: Jim Glasoe, SUBJECT: Resolution Appropriating $2,000 from the 1996 General Fund Budget to the Youth Football Program As you may recall, at their June meeting, the Parks and Recreation Commission discussed the 1996 nonprofit funding application of the Brooklyn Center Youth Football Program. At that meeting they unanimously passed a motion recommending the City Council allocate $2,000 for the program in 1996. This recommendation was subject to the submission of a current financial statement from the group. I notified the president of the football program, by letter, that this information would be needed before this recommendation would be taken to the Council I did not hear anything further from the group, so when they forwarded a request for reimbursement for $2,000, I returned it unpaid. Unbeknownst to me, when applying for funding as a part of the 1997 budget, she had included an extra copy of the financial statement to be attached to the 1996 application. As these two processes were kept totally separate, I was unaware of the submission. During this time, thinking the request had been approved, the president of the football program approved and purchased supplies totaling $2,000. As all materials are now in and complete, I am forwarding them to you for consideration by the City Council. For Council reference, Recreation Director Arnie Mavis indicates the budget allocation for this funding can be found under budget code #5736 -4220, Community Center Program Supplies and Equipment. This is supported by an almost $10,000 balance in this program budget. Although the purchase of equipment as a mechanism for funding was questioned in February of this year, the 1996 budget had already been approved with the above noted allocation. Member introduced the following resolution and moved • its adoption: RESOLUTION NO. RESOLUTION RESOLUTION APPROPRIATING $2,000 FROM THE 1996 GENERAL FUND BUDGET TO THE YOUTH FOOTBALL PROGRAM WHEREAS, the City Council annually evaluates nonprofit funding applications for financial assistance; and WHEREAS, at their June meeting, the Parks and Recreation Commission unanimously passed a motion recommending the City Council allocate $2,000 for the program in 1996 for equipment (uniforms); and WHEREAS, said recommendation was subject to the submission of a current financial statement; and WHEREAS, the requested statement has now been provided. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. $2,000 is appropriated for the Brooklyn Center Youth Football Program from the Community Center Program Supplies and Equipment portions of the General Fund budget (5736 - 4220). 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, 1996 . TO: Michael McCauley, City Manager FROM: Diane Spector, Director of Public Servic SUBJECT: Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees The City Council by Resolution No. 96 -58 on March 11, 1996 approved plans and specifications for Improvement Project No. 1996 -12, Contract 1996 -D, 1996 Diseased Tree Removal. 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. 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 10/15/96 ) 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 ---------------------- - - - - -- ----------------------- - - - - -- -- - - - - -- • ANITA NOWLAN 5730 CAMDEN AVE N 156 CITY OF B.C. NORTHPORT PARK 157 BERTIL & ELEANOR LUNDBERG 6018 EWING AVE N 158 LUTHERAN BROTHERHOOD 6800 SHINGLE CREEK PKWY 159 MICHAEL & AMY WEBBER 3606 54TH AVE N 160 CITY OF B.C. WEST PALMER LK PARK 161 DUOOS BROS AMERICAN LEGION 4307 70TH AVE N 162 PHYLLIS WILSON 6944 BROOKLYN BLVD 163 EDA OF BROOKLYN CENTER 6550 WEST RIVER RD 164 EDA OF BROOKLYN CENTER 6550 WEST RIVER RD 165 EDA OF BROOKLYN CENTER 6550 WEST RIVER RD 166 EDA OF BROOKLYN CENTER 6550 WEST RIVER RD 167 EDA OF BROOKLYN CENTER 6550 WEST RIVER RD 168 EDA OF BROOKLYN CENTER 6550 WEST RIVER RD 169 EDA OF BROOKLYN CENTER 6550 WEST RIVER RD 170 EDA OF BROOKLYN CENTER 6550 WEST RIVER RD 171 EDA OF BROOKLYN CENTER 6550 WEST RIVER RD 172 EDA OF BROOKLYN CENTER 6550 WEST RIVER RD 173 EDA OF BROOKLYN CENTER 6550 WEST RIVER RD 174 EDA OF BROOKLYN CENTER 6550 WEST RIVER RD 175 EDA OF BROOKLYN CENTER 6550 WEST RIVER RD 176 EDA OF BROOKLYN CENTER 6550 WEST RIVER RD 177 EDA OF BROOKLYN CENTER 6550 WEST RIVER RD 178 EDA OF BROOKLYN CENTER 6550 WEST RIVER RD 179 EDA OF BROOKLYN CENTER 6550 WEST RIVER RD 180 • DANI BROWN 5424 JAMES AVE N 181 BRADLEY & DEDRE FOSS 5537 JUDY LN 182 CITY OF B.C. 6013 EWING AVE N 183 DAVID & ALEXANDRA RUTLEDGE 6930 MAJOR AVE N 184 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. • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk DATE: October 10, 1996 SUBJECT: Licenses 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 15, 1996: • MECHANICAL SYSTEMS Kraemer Heating 7441 Dallas Court RENTAL DWELLINGS Initial: Brooklyn Center Leased Housing Associates Ltd. Partnership Summerchase Apartments Richard Koblitz 5318 Camden Ave. N. Eddy M. Day 5401 Penn Ave. N. Wolfgang and Kathleen Griesser 1708 69th Ave. N. Renewal: TLN La Nel Twin Lake North Apartments Randall Cook 5347 Brooklyn Boulevard Randall Tyson 5137 -39 France Ave. N. Joseph Korman 5321 Morgan Ave. N. John and Gail Lambert 5900 Washburn Ave. N. SIGN HANGER A LaPointe Sign 6600 Oxford Street Signcrafters 7775 Main Street NE 40 Memorandum To: Michael J. McCauley, City Manager From: Tom Bublitz, Community Development Specialist Date: October 7, 1996 Subject: Resolution Reprogramming 1996 Urban Hennepin County Community Development Block Grant Funds From Scattered Site Redevelopment Project to 53rd Avenue Development and Linkage Project The proposed 53rd Avenue Development and Linkage Project will involve the acquisition and clearance of up to 26 properties within the project area along 53rd Avenue North from 4th Street to Bryant Avenue North. A map showing the project area is attached. This project proposes to: • Replat the property into new lots. • Sell the lots for new owner - occupied housing. • Construct a new roadway north of 53rd Avenue North. • Construct a greenway along 53rd Avenue North, highlighted by landscaping, berming, fencing and a bicycle /pedestrian trail. One of the primary funding sources proposed for the project is the City's annual Community Development Block Grant (CDBG) allocation. In order to access CDBG funds for the project, the City must take several actions, including: • Pass a resolution to reprogram 1996 CDBG dollars currently allocated to the scattered site project to the 53rd Avenue project. Prepare an environmental review that analyzes the impact of redevelopment activities on the environment, as well as the impact of the surrounding environment on the proposed redevelopment. Before the City can actually expend any CDBG funds on the project, or any EDA funds with the expectation of CDBG reimbursement, the environmental review must be completed. Additionally, a legal notice must be published with regard to the environmental review and a 33 -day review and comment period must be observed before the project is released by the Department of Housing and Urban Development (HUD) and dollars become available to the City. The resolution attached to this memorandum would reprogram the 1996 Urban Hennepin County Community Development Block Grant funds from the City's scattered site redevelopment project • to the 53rd Avenue redevelopment project. If the 53rd Avenue project did not go forward for some reason, the CDBG dollars could again be reprogrammed back to scattered site or some other eligible CDBG use. Memorandum to Michael I McCauley October 7, 1996 • Page 2 A summary of City Council action taken with regard to the 1996 CDBG program is summarized below. Resolution No. 96 -61, approved on March 11, 1996, approved the projected use of funds for the 1996 Urban Hennepin County CDBG program. This resolution was approved following a public hearing and the following allocations were made: ... Household Outside Maintenance $9,000 for the Elderly (H.O.M.E) Single - family rehabilitation $166,054 Scattered site redevelopment $75,000 T 5€ (154 X. :::::: ..:...::::.:.. .......... Following a City Council work session on April 29, 1996, the City Council passed Resolution No. 96 -98 on May 13, 1996, which amended Resolution No. 96 -61 and approved the following reallocation of CDBG dollars for 1996: k`R#R QUY'� t1LL{ CATEb.:. Household Outside Maintenance $6,000 for the Elderly (H.O.M.E) Single- family rehabilitation $ 60,000 Scattered site redevelopment $184,054 ..::: ,:... T. The resolution attached to this memorandum would provide for the reprogramming of CDBG dollars in the following amounts: P is t :::: > Am€o .:A LQCAT .Ei�::' Household Outside Maintenance $6,000 for the Elderly (H.O.M.E) Single- family rehabilitation $60,054 53rd Avenue redevelopment project $193,971* . . TbTA . 26,t >: *_Vote: This amount represents an additional ,9,917 which became available to the City after an additional allocation was made to all Hennepin County cities from HUD. Memorandum to Michael J. McCauley • October 8, 1996 Page 3 53rd Avenue Development and Linkage Project Neighborhood Meeting An informational meeting with the neighborhood in the proposed project area and adjoining neighborhood (an area bounded by 53rd Avenue North, 4th Street, 55th Avenue North and Bryant Avenue North) was held on September 12, 1996, at the Earle Brown Elementary School. Approximately 117 meeting notices were mailed and approximately 60 people attended the meeting. A letter informing residents of the October 15, 1996, City Council meeting was also mailed to the same neighborhood group, along with a follow -up letter dated October 1, 1996, to the residents directly affected by the project. Copies of the letters mailed to area residents, along with an informational handout distributed at the September 12 meeting, are included with this memorandum. • 53RD AVENUE DEVELOPMENT AND LINKAGE PROJECT - - -- - � 5 5 TH A VE N SCAIF 1' 200' dD z - - - -- W Lli Lij u� d C E N -_ Member introduced the following resolution and • moved its adoption: RESOLUTION NO. RESOLUTION REPROGRAMMING 1996 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FROM SCATTERED SITE REDEVELOPMENT PROJECT TO 53RD AVENUE DEVELOPMENT AND LINKAGE PROJECT WHEREAS, Council Resolutions 96 -61 and 96 -98 provided for the allocation of $184,054 in 1996 Community Development Block Grant funds for the scattered site redevelopment program; and WHEREAS, an additional $9,917 has become available for the 1996 Brooklyn Center Community Development Block Grant allocation from the final allocation of CDBG funds from the Department of Housing and Urban Development to the Urban Hennepin County CDBG program; and WHEREAS, the Brooklyn Center City Council desires to reprogram $193,971 from the 1996 scattered site redevelopment project to the 53rd Avenue Development and Linkage Project. • NOW, THEREFORE, BE IT RESOLVED b the City Council of the City of Y Y Y Brooklyn Center that $193,971 from the 1996 scattered site redevelopment project is hereby reprogrammed to the 53rd Avenue Development and Linkage Project. 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 followin g voted in favor thereof: and the following voted 'against the same: whereupon said resolution was declared duly passed and adopted. • September 4, 1996 Resident Address Brooklyn Center, MN 55430 Dear Name(s): In 1994, the City of Brooklyn Center created a redevelopment plan which placed almost the entire city in a redevelopment project area. Essentially, what this meant was the City Council saw the need to create opportunities for redevelopment throughout the city. Several redevelopment initiatives have been started in various parts of the city. The area along 53rd Avenue North, and specifically the area between 4th Street North and Bryant Avenue North, is now being considered for a redevelopment project. This area P P J s ea has been selected in P art because 53rd Avenue North is a major east -west thoroughfare which will provide a connector to the North Mississippi Regional Park to the east and future redevelopment to the west. The specific redevelopment project being considered by the City, through its Economic • Development Authority, is the creation of a greenway along 53rd Avenue North with a pathway for pedestrians and bicycles and the creation of lots for new residential development along the greenway. These new lots would be oriented towards a new street which would be located north of 53rd Avenue North and run parallel to 53rd to service the newly- created lots. The area directly ffected b the proposed project would be the house and apartments al n 53r Y Y P p p J houses o g d Avenue North between 4th Street and Bryant Avenue North with some properties on 4th Street North, Camden, and Bryant to allow for construction of a new street providing access to the new lots. A map showing a conceptual drawing of the proposed greenway, new street proposed to access the newly-created lots an h y d the homes directly affected by the protect is enclosed. A meeting of the neighborhood surrounding the proposed project has been scheduled for: September 12, 1996 7 P.M. to 10 P.M. Activity Room at Earle Brown Elementary School 5900 Humboldt Avenue North Brooklyn Center Name(s) ® September 4, 1996 Page 2 The purpose of the meeting includes several issues summarized by the following: • Present the proposed project, entertain questions, and obtain reaction from the neighborhood. • Discuss specific details of the project, including acquisition of properties with residents directly affected by this part of the project. • Discuss the next steps in the project. It should be noted the City Council has not formally approved the project. Please bring your questions to the meeting on September 12. After a brief presentation, staff will answer questions, including individual questions about specific properties. Sincerely, Michael J. McCauley City Manager CITY OF BROOKLYN CENTER TB : rd Enclosure • . • September 27, 1996 I(Name ?(Address) (City State Zip) Dear FIDName): The Brooklyn Center City Council will consider the 53rd Avenue Development and Linkage Project at their October 15, 1996, City Council meeting. This is the project that was presented at the neighborhood meeting on September 12, 1996, at the Earle Brown Elementary School. Please note that the normal City Council meeting date would be Monday the 14th of October, but because of the Columbus Day holiday the Council will meet on Tuesday, October 15, 1996 7:00 P.M. Brooklyn Center City Hall Council Chambers • 6301 Shingle Creek Parkway, Brooklyn Center At the October 15 meeting, the City Council will consider whether or not to move forward with the 53rd Avenue Development and Linkage Project. Although this is not a formal public hearing, anyone wishing to address the Council on this project will have an opportunity to be heard at the October 15 meeting. This item will likely be considered early in the meeting, so you will want to arrive at or shortly before the 7:00 P.M. meeting time. If you were not able to attend the September 12 neighborhood meeting and would like additional information on the proposed project prior to the October 15 City Council meeting, please call Tom Bublitz at 569 -3433. Sincerely, Michael J. McCauley City Manager CITY OF BROOKLYN CENTER MJM: rd City of Brooklyn Center A great place to start. A great place to stay. • October 1, 1996 Residents on 53rd: Since the potential 53rd street project would directly impact you, I thought it would be useful to reiterate some of the points brought up at the neighborhood meeting at the Earle Brown School. If the City proceeds with a project, our time line would roughly be as follows: November- February New tiat' g o ions with homeowners regarding NIay Closing on negotiated purchase agreements (earlier if requested by the homeowner) June /July Commencement of project site activities As was discussed at the neighborhood meeting, we would seek to negotiate the purchase of properties with the homeowners. The homeowner would be entitled to have an appraisal of the property. The City would reimburse the homeowner for the allowable cost for this second appraisal opinion. The City would have an • appraisal conducted as well by an independent appraiser, and this independent appraisal amount would form the basis of the initial offer from the City for a property. If the City and a homeowner were not able to reach an agreement on what the homeowner thought was a fair price for the property, the City would then begin condemnation proceedings by the end of February (again, I would like to reiterate that we are not proposing to actually take possession of properties prior to May, unless this would be advantageous to the property owner). In the course of condemnation proceedings, three independent persons would be appointed by the court who would determine a value for the acquisition of the property. If the homeowner was not satisfied with that determination, an appeal could be had to the district court. I hope that this letter clears up any issues regarding the time line that we would be proposing if the City Council authorizes a project. Please feel free to contact Tom Bublitz at 569 - 3433 if you have any questions regarding this letter or any other matter regarding the project. As indicated in a recent letter sent to you, the City Council will be considering whether or not to authorize a roject along 53rd Avenue at its October 15 P J .. 1996, meeting. S incerer j Michael J. '-IvIeCaule City Manager �1.T�Iak 6301 Shingle Creek Pkwy, Brooklyn Center, M.N 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 Action1Equal Opportunities Employer s 53rd Avenue Development and Linkage Project • Potential 53rd Avenue Development and Linkage Project Introduction Brooklyn Center is a mature, developed suburb which is working to revitalize itself. With its affordable housing, excellent schools, beautiful parks, and convenient access, it has the potential to continue to be a vibrant community for many years to come. The revitalization of Brooklyn Center is proceeding on three tracks: redevelopment and renewal of the commercial areas of the City; replacement and enhancement of its aged infrastructure, that is the streets, utilities, and parks; and the reinvigoration of neighborhoods. Many of the areas of the City have a unique feature which sets them apart and defines them as a neighborhood. In the northern part of the City, Palmer Lake and the surrounding trails and nature area are very attractive to potential home buyers. In the western part of the City, Twin Lakes, the Arboretum, and the Preserve nature area make that a high demand housing market. The Shingle Creek Trail and Central /Garden City Parks highlight the central area of the City. The Southeast corner of Brooklyn Center does not have an identifying physical feature, something which sets it apart and makes it unique and attractive. The creation of such a feature is an important part of the reinvigoration of the neighborhood. What is the Development and Linkage Project? The 53rd Avenue Development and Linkage Project would start to create a new image and focus for the southeast neighborhood by creating new homes, greenspace, and a link to the Mississippi River. The Minneapolis Park Board and the Hennepin Parks Board are both in the process of constructing new parks and trails along the Mississippi. The greenway as conceptualized would provide an attractive way to access and enjoy those new recreational amenities. The project as conceptualized would require some removal of existing, older housing along 53rd to create opportunities for a greenway and a new low- traffic roadway connecting Bryant Avenue and 4th Street. New owner occupied housing would be developed on the land not needed for the greenway. The southeast area contains some of the oldest housing in Brooklyn Center. The Development and Linkage Project would provide an opportunity to create an area of new housing. The Neighborhood would benefit from the greenway to new recreational opportunities on the Mississippi River. Creating the self - contained neighborhood would increase its attractiveness. All these features would work together to begin the reinvigoration of the neighborhood and its stability. i • Potential 53rd Avenue Development and Linkage Project Would create: ♦ A link to new recreational opportunities on the Mississippi River ♦ An entrance .to southeast Brooklyn Center y e to r ♦ New owner - occupied housing opportunities By: ♦ Creating a greenway to the Mississippi River Constructing a new low - traffic roadway and disconnecting Camden from 53rd ♦ Creating new housing opportunities POTENTIAL 53RD AVENUE DEVELOPMENT AND LWAGE PROJECT z w- Q w . sane[ f • 2w Of m LO w > Z J J o w F-1 m El � o 0 J..... :p't[e• .a. ::z ¢.'.7.:�t.t alin7:. }..'z:.'+ } %i'y' �:i; .�•. ^s': �•r �f ;::: %t: .. +� <.: ?h:Y. Lj L-j I L a 0� a L 0 D 0 53RD �AVE N • Summary of Acquisition and Relocation Process when a Publi Agen Acquires Your Pro perty If the Brooklyn Center City Council approves the 53rd Avenue Development and Linkage Project, acquisition of a number of homes and multifamily properties will be necessary. If your home is one of the properties acquired, the City, through its Economic Development Authority (EDA), will be required to follow federal and state laws governing acquisition of property as well as the provision of relocation benefits to which you may be entitled. The purpose of the following material is intended to provide you with a summary and overview of the acquisition and relocation process as it pertains to a public agency acquiring your property. It is a summary only and is not intended to provide a detailed explanation of all the steps in the acquisition and relocation process. Moving from your residence can be a significant interruption in your life. The City of Brooklyn Center recognizes the inconveniences which may be placed upon you if the project goes forward, and the City is committed to do its best to provide you with information and assistance in the acquisition and relocation process. • Summary of Acqui P If you are notified that your home will be acquired and you will be displaced, it is important that you do not move before you learn what you must do to receive the relocation payments and other assistance to which you are entitled. If your property is one of those to be acquired: ♦ You will be contacted by an independent property appraiser hired by the Brooklyn Center Economic Development Authority (EDA) who will inspect your property and prepare an appraisal of the value of your property. A review appraisal will be done on the first appraisal to verify the conclusions of the initial appraisal. ♦ An offer to purchase your property will be made based on the appraisal and review appraisal. This offer will explain how the value of your property was established and the offer will be made to you only after the City Council has approved it. ♦ If the offer is acceptable to you, the EDA will prepare a purchase agreement for your property and set a closing date. ♦ If the offer is not acceptable, you have the option of obtaining your own appraisal of your property to present to the EDA. The EDA is required to reimburse you up to $500 for appraisal fees if you are otherwise entitled to relocation benefits. • ♦ If a negotiated sale cannot be achieved, the EDA has the option of acquiring our property P q g y P P rtY through eminent domain proceedings. In this process, the value of your property will be determined by a three - member court- appointed commission. If the commission's award of value is not acceptable, you have the option to appeal the commission's award to the district court with the option of having an award made by a jury. • Summary of Relocation Process If the 53rd Avenue Development and Linkage Project is approved by the City Council and your property is acquired, you may be entitled to certain relocation benefits. You will be contacted by a Relocation Advisor whose job it is to explain your benefits and help you draw up your personal relocation plans. Your Relocation Advisor will work directly with you to help your relocation go as smoothly as possible, to guide you through the payment documentation requirements and procedures, and to ensure you receive all benefits for which you are eligible and entitled. Typ of Relocation Benefits Replacement Housing Payments If you have owned and occupied your present home for 180 days or more prior to the date of the EDA's offer to purchase your property, you may be eligible for replacement housing benefits. These benefits are in addition to the amount you would receive for the fair market value of your property. You must purchase and occupy a decent, safe, and sanitary replacement dwelling within one year of the date you are moved from your present home in order to be eligible for a replacement �° p ment housing payment. The term decent, safe, and sanitary means the home meets applicable housing codes. . ♦ Price Differential. This is the amount by which the cost of a "comparable" replacement dwelling exceeds the acquisition cost paid by the EDA for your property. The price differential is established by subtracting the acquisition price of your home from the purchase price of a comparable replacement home. You may purchase any "decent, safe, and sanitary" housing of your choice. If the purchase price is less than the cost of the comparable replacement home, the payment will be limited to the actual difference. If the purchase price of your chosen replacement home exceeds the cost of the designated comparable replacement home, the payment will be based on the cost of the comparable home. For example, say the agency pays $20,000 to purchase your home and the designated comparable costs $27,000. If you pay $25,000 for your chosen decent, safe, and sanitary replacement home, you would receive a $5,000 price differential payment. If you pay $30,000 for your chosen decent, safe, and sanitary replacement home, you would receive a $7,000 price differential (the maximum difference between the $20,000 acquisition price and the $27,000 comparable price). Please note: The numbers used in this example are not intended to reflect any estimates of actual costs, but are only used as examples to demonstrate the calculation for replacement housing payments. ♦ Increased Mortgage Interest and Incidental Costs (Closing Costs). In addition to a replacement housing payment, you may be reimbursed for increased mortgage interest costs if the interest rate of your new mortgage exceeds that of your present mortgage. Also, you may be entitled to reimbursements for certain extra expenses typically charged when one buys property such as reasonable costs of title search, recording fees, property survey fees, appraisal fees, and credit report fees. -2- • ♦ Relocation Benefits Not Taxable Income. No relocation payment will be considered as income for the purpose of the Internal Revenue Code of 1954, redesignated as the Internal Revenue Code of 1986, or for the purpose of determining eligibility for or the extent of eligibility for any person for assistance under the Social Security Act or any other federal law, except for any federal law providing low income housing assistance. Rental Assistance If a lawful tenant has occupied the property for at least 90 days prior to the date of the EDA's written offer to purchase the property, the tenant may be eligible for assistance if the housing costs (rent and utilities) of a "comparable" apartment are higher than the housing costs currently being paid for the apartment unit in the property purchased by the EDA. The EDA will prepare research to identify housing costs for similar (comparable) apartments and will provide referrals on available apartments to the tenants. Any rental assistance payment will be limited to the housing costs of a comparable apartment, even if the tenant should choose to rent a replacement dwelling which is higher priced or larger than the project/comparable apartments. For example, say the present housing costs for the apartment unit in the building purchased by the EDA are $200 for rent and $25 for utilities for a total of $225. After researching the rental market, the EDA determines that a comparable apartment rents for $220 for rent and $25 for utilities for a total of $245. The monthly difference is $20. That monthly difference is multiplied times 42 months and the total maximum rental assistance payment in this example would be $840. If the tenant rents a replacement dwelling where housing costs are $245 or more, the EDA will pay the rental assistance payment of $840. If the tenant rents a replacement dwelling where housing costs are less than $245, the EDA will pay the actual difference for 42 months. Down Payment Assistance If a tenant chooses to purchase a replacement dwelling rather than rent, a down payment assistance payment in the amount of the rental assistance computation can be made available to be put toward the down payment required and eligible closing costs. Moving Cost Benefits As a residential owner /occupant who is considered eligible for relocation benefits, you may choose either reimbursement (payment) of eligible actual reasonable moving costs - documented costs including packing, unpacking and transportation up to 50 miles or a fixed moving cost payment - based on a per room moving schedule. Relocation Advisory Assistance To assist you in the relocation process, a Relocation Advisor will be hired by the EDA to explain all your relocation benefits and help you draw up a plan for relocation, including determining your needs and preferences for replacement housing, explaining relocation benefits, assuring availability of comparable property prior to your being required to move, providing referrals to available replacement properties, providing the amount of replacement housing payment in writing and inspecting homes for "decent, safe, and sanitary" acceptability. -3- k • MEMORANDUM TO: Michael J. McCauley, Manager Y City g FROM: Brad Hoffman, Community Development Director DATE: October 9, 1996 SUBJECT: An Ordinance Amending Chapter 12 of the City Ordinances Relating to the Licensing of Rental Dwelling Units At its September 23, 1996, meeting, the City Council passed a first reading of An Ordinance Amending Chapter 12 of the City Ordinances Relating to the Licensing of Rental Dwelling Units. The ordinance was published in the City's official newspaper on October 2, 1996, and is offered Tuesday, October 15, 1996, for a public hearing and second reading. Attachments • I • • Memorandum To: Michael J. McCauley, City Nlanacer From: Brad Hoffman, Community Development Director Date: September 19, 1996 Subject: An Ordinance Amending Chapter 12 of the City Ordinances Relating to- the Licensing of Rental Dwelling Units On N/londay evening, the City Council will have before them a proposed amendment to Chapter 12 of the City Ordinances. Three changes to the current ordinance are offered for a first reading. The first change requires that an inspection be scheduled within two weeks of receipt of an application and fee for a rental license. Second, no application for a license will be submitted to the Council until all life, health, and safety violations have been corrected. Third, the license fee and application shall be due 90 days prior t t P o the expiration date. The two -week requirement for scheduling an inspection is necessary because all too often • the applicant will submit the application and pay the fee but not schedule an inspection until the period just before the expiration of the license. As a result, inspections that lead to compliance orders are often not corrected by the time the license expires. The health safety issue enforces the position of the City that rental units must be maintained and fit for habitation. It also provides assurances to the Council that all serious violations have been resolved e sol ed prior to any Council consideration of the license. The 90 days versus the 60 days again reflects the need to start the process early enough to perform an inspection, issue correction orders if necessary, and do a compliance v inspection before the license expires. Currently, if the owner fails to schedule an inspection in a timely manner (which is not all that unusual) and compliance orders are issued, chances are the units will be unlicensed for a period of time. The intent of the proposed changes are all directed at getting the buildings inspected, and any violations are corrected without a lapse in the licensing of the property. It also mandates that no license will be issued whenever a life safety issue is involved. • • CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the -th day of Octobe 1996, 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 12 of the City Ordinances relating to the licensing of rental dwelling units. 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 A1NIENDING CHAPTER 12 OF THE CITY ORDINANCES RELATING TO THE LICENSING OF RENTAL DWELLING UNITS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 12 of the City Ordinances of the City of Brooklyn Center is hereby amended as follows: • Section 12 -901 LICENSING OF RENTAL UNITS. From and Rt ; +945-,ru' person shall operate a rental dwelling without first having obtained a license to do so from the City of Brooklyn Center as hereinafter provided. ARer exp ratiotr a€ Each such operating license shall be issued biennially and shall expire on the anniversary date of issuance. License renewals shall be filed at least 68 90 days prior to license expiration date. Within two weeks of receipt of a complete application and of the license fee required by Section 12 -902 the Compliance Official shall schedule an inspection. No application for an initial or renewal license shall be submitted to the City Council until the Compliance Official has determined that all life health safety violations or discrepancies have been corrected Section 12 -902. LICENSE FEES. License fees, as set forth by city council resolution, shall be due 68 90 days prior to the license expiration date; in the cases of new unlicensed dwellings, license fees shall be due upon issuance of the certificate of occupancy;, of lieensing periods of less thatt. two years, lieense fees shall be prorated -manthly- • • • ORDINANCE NO. A delinquency penalty of 5% of the license fee for each day of operation without a valid license shall be charged operators of rental dwellings. Once issued a license is nontransferable and the licensee shall not be entitled to a refund of any license fee upon revocation or suspension; however, the licensee shall be entitled to a license fee refund, prorated monthly, upon proof of transfer of legal control or ownership. A fee, as set by city council resolution, shall be charged for all reinspections necessary after the first reinspection. The reinspection fee(s) will be payable at the time of license renewal for the property, in the case of rental housing and at the time of recertification of occupancy for nonresidential properties. Section 2. This ordinance shall be effective after adoption and thirty (30) days following its legal publication. Adopted this day of 1996. Mayor ATTEST: City Clerk Date of Publication Effective Date (Strikeouts indicate matter to be deleted, underline indicates new matter.) • • MEMORANDUM DATE: October 9, 1996 TO: Michael McCauley, City Manager FROM: Scott Brink, City Engineer SUBJECT: An Ordinance Vacating a Utility Easement at Lot 6, Block 1, JOHN RYDEN SECOND ADDITION Summary Explanation Mr. Joe Lampe and Ms. Ernee McArthur, 2118 - 55th Avenue North, have requested that a 10 foot wide utility easement along the back line of their property be vacated to allow them to construct a new garage. This property is in a unique situation. As can be seen on the attached Map 1, a sixteen foot wide strip of land, which apparently at one time was intended for an alley, abuts the back of their property. This parcel has gone tax forfeit, and the couple have purchased it. They are in the • process of working with their neighbors to divide the property so the neighbors can have use of this land. Although a utility easement was platted along the rear lot line of their property, the overhead utilities are actually located on the north side of the sixteen foot "alley." Mr. Lampe and Ms. McArthur are willing to dedicate a utility easement along the northerly 5 feet of the "'alley" property in exchange for vacation of the existing easement. On September 23, 1996, the City Council conducted the first reading of the ordinance and ordered a public hearing to be held on October 15, 1996. A notice of public hearing was published in the City's official newspaper, and private utilities were also directly contacted. Northern States Power Company (NSP) has since notified the City that although they would prefer the granting of a 10 foot wide easement, the five feet offered would be acceptable. No response has been received from U.S. West at the time of this writing. However, since U.S. West lines are located on NSP's poles, it is presumed at this time that they would concur with NSP's position. Minnegasco has also notified the City and indicated that they have no objections to the proposed vacation. Recommended City Council Action It is recommended that the City Council approve the attached resolution authorizing the vacation of said easement, with the understanding that the property owner will grant an additional five • foot utility easement as offered. • CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 15th day of October 1996, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider vacating a utility easement located at Lot 6, Block 1, John Ryden Second Addition. 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 VACATING A UTILITY EASEMENT AT LOT 6, BL OCK 1. JOHN RYDEN SECOND ADDITION THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. That a utility easement in John Ryden Second Addition, according to the plat on file and of record thereof, Hennepin County, Minnesota, described as follows is hereby vacated: The north 10.00 feet of Lot 6, Block 1, John Ryden Second Addition. Section 2. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of , 1996. Mayor ATTEST: City Clerk Date of Publication Effective Date • (Brackets indicate matter to be deleted, underline indicates new matter.) N 00 W FENCE CORNER ON 12 Pt20Pt_RTY LINE In ' C 49.0 z 1 v+. o Q i \ fn 1 rn C .1 0 16.4 _{ I I cn �a C ' CA 1 LLD D o Ln r u }' p � iE m pN f l i rs I 1 34.0 1 � to � ` SP HAIL FENCC --..— j ; coflcR ETE RivE - "�'� 127.00 PLAT S 00 "E NLIG11BOR'S GARAGE C) I al L P Ud U1 Nav GaraSa - -- L- - -- • r I I r r•,'1r I i f i I I i I / I %/ �• M v 1 , "v I i , F 5 3 �4 -re ti, =--= h I • / 'w Xyu. / r 6hvi . ^ rY �.. 't_I. f0 V r 1 �,_ r,; I_. _. Co I/l.f ^ r 11 • lnV s r ir -- - - - - .t 7f,. - -- �- - i .. ;i .._ f _ /.... ,i7i .r a i;•Tr -. ---� - ,Ji F „' / ,l , o / It- lit r � r _ r - rn Al If I Ilk ' 0 , "(rr /' �f.� � _. ._` _. ..- :. /: . .' {i .l \.� F.� _ _— Ir�i _._. "_ .. .'�'ry•• .4 :1 I I t. we ,r l <<` •\ •q. r ... - tl t4 to I+ ,. , \\ r ,. , 4�r! �V � f = tV r ._. . - I� l; IL d ? I I;.•. I I! 1 .ti � 1 � - r'• '. - SO n .. n 7 �� - / " � °y '511 r•E 771 � � �n ( \� "• rrr c: cc c/ tul ”' :r. �.. 1 `\ r l l \I p - r MEMO To: Michael J. McCauley, City Manager , From: Ronald A. Warren, Planning and Zoning Specra ist Subject: City Council Consideration Item - Planning Commission Application No. 96016 Date: October 7, 1996 On the October 15, 1996 City Council Agenda is Planning Commission Application No. 96016 submitted by Hunerberg Construction Company requesting site and building plan approval for an 1,800 sq. ft. expansion to the Douglas Metal Specialties operation at 4912 France Avenue North. Attached for your review are copies of the Planning Commission Information Sheets for Planning Commission Application No. 96016 and also an area map showing the location of the property under consideration, various site and building plans for the proposed expansion and the Planning Commission minutes relating to the Commission's consideration of this matter. • This matter was considered by the Planning Commission at their September 26, 1996 meeting and was recommended for approval. It is recommended that Q the City ouncil following consideration of this matter, n s Y s approve the application subject to the conditions of the Planning Commission. • i • Planning Commission Information Sheet Application No. 96016 Applicant: Douglas Metal Specialties Location: 4912 France Avenue N Request: Site and Building Plan The applicant John Hunerberg of Hunerberg Construction Company, on behalf of Douglas Metal Specialties, is seeking site and building plan approval for an 1,800 sq. ft. addition to the two buildings making up the Douglas Metal operation at 4912 France Avenue North. The property in question is zoned I -2 (General Industry) and the Douglas Metal operation is considered a permitted use in this zoning district. The property in question is located along the east side of France Avenue approximately midway between the Soo Line Railroad tracks and 50th Avenue North. It is bounded on the west by France Avenue with the NSP substation on the opposite side; on the east by T. H. 100; and on the north and south by other general industry businesses in this area. The proposal calls for a 1,250 sq. ft. addition to the rear of Building A, which is the westerly of the two buildings fronting on France Avenue North. A 550 sq. ft. addition would be made to the southwest corner of Building B. This addition would enclose the loading area and provide an overhead door along the east side of the building. Generally, the City takes the opportunity to insure compliance with current zoning and site requirements when additions are made to existing properties. This site is .8 of an acre and does not meet the five acre threshold for Watershed Management Commission review. ACCESS /PARKING Access to the site is unchanged and is located on France Avenue, southerly of the existing buildings. This is a shared access with the industrial site to the south. The 1,800 sq. ft. addition of general industry space requires two additional parking spaces above and beyond the minimum parking required for this site. The complex has approximately 1,500 sq. ft. of office space and with the proposed addition, approximately 11,770 sq. ft. of industrial space. Twenty -three parking spaces are, therefore, required for this site. Parking would be provided in parallel parking spaces along the south side of the existing Building A with 45' angled parking along the south side of Building B. The reason for the angled parking along the south side of Building B is to provide appropriate drive way width space in this area. The remaining ten required parking spaces would be on the east end of the site adjacent to T. H. 100 right- of -way. There should be appropriate turn around space at the east end of the existing Building B. The parking for this site is somewhat unorthodox, but should provide an adequate parking and circulation plan. • 9 -26 -96 Pale 1 • 3 . A site performance agreement and supporting Financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of permits to assure the completion of site improvements. 4. Any outside trash disposal facilities shall be appropriately screened from view. 5. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 6. Plan approval is exclusive of signery, which is subject to Chapter 34 of the City Ordinances. 7. B -612 curb and gutter shall be provided at the east end of the parking lot to assist site drainage in this area. • 9 -26 -96 Page 3 r _ 1 r - v J. 1.1_ i P A z •>'` /' - Z . 1i JAY 3)!Mj� � 1 —�1 rc PI all '_ �r __ _ — _� _ � —_� lI1 WE g,VD• \. �\` � � �rts� to ii. ,�_ _� �— \ tr -- - ----- •�, ( `�(, r .. AVE. IIO , 1 I Il. 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S r r•'! - i� r� .--• e •✓M r ,, .1 ,, r ., I •,� i 1 IS r_d Jp __`_ � _..• .•,�.EI � -te j: .i.,. (: ( / °(` IruCtl.r, _i i'f_=` =` f 111 '.vl.f "irr•i' �:rf` \Y t r lr ►'(i st(�(1rrI:...i )7UY- tL "by - - 6 °t,up-cr7 NI (l . G+�,.er•C,r, 1'1 1 L. -- ` Ir )' ) �i ''( SVViF. -t "S — A G, II�F•It , l <211.1 r U. G. laq•.r - t J � -i'J rIc Is,KI v `;rlrr-- {�rrl E, 11 11a. f1 - Ult - I I'�.d — i ";�P Ichl- DOWN 11'II?'f'�11,5 I•O1)I� ( /iTrnr -� r r rnnrn�r.� MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER N THE COUNTY OF HENNEPN AND THE STATE OF MINNESOTA STUDY SESSION SEPTEMBER 26, 1996 CALL TO ORDER The Planning Commission met in a study session called to order by Chair Willson at 7:35 P.M. ROLL CALL Chair Tim Willson, Commissioners Graydon Boeck, Rex Newman, and Dianne Reem were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren and Planning Commission Recording Secretary Arlene Bergfalk. Commissioner Mark Holmes entered the meeting at 7:45 p.m. Commissioners Donald Booth and Brian Walker were excused. APPROVAL OF MINUTES - SEPTEMBER 12 1996 There was a motion by Commissioner Reem, seconded by Commissioner Newman, to approve the minutes of the September 12, 1996 meeting as submitted. The motion passed unanimously. Commissioner Boeck abstained as he was not at that meeting. CHAIR'S EXPLANATION Chair Willson explained the Planning Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. APPLICATION NO. 96015 �LANDFORw1 ENGINEERING COMPANY0 Chair Willson introduced Application No. 96015, a request from Landform Engineering Company for preliminary plat approval to subdivide into two lots the property located at the northeast corner of 63rd Avenue North and Brooklyn Boulevard. The Secretary presented the staff report using overhead transparencies to show the location of the site and to delineate the parcels created by subdivision for the Rainbow Food Store redevelopment project. (See details in Planning Commission Information Sheet for Application No. 96015 dated 9 -26 -96 which is attached.) After demolition of the existing building on the site, newly constructed buildings include the proposed Rainbow Food Store and two other free - standing structures. The purpose of the • subdivision is to create two lots on the property. The proposed new legal description is Lots 1 and 2, Block 1 Rainbow's Garden Citv Addition. Lot 1, the site of the Walgreen's Pharmacy, will be 9 -26 -96 1 • 70,316 square feet. Lot 2, will be 540,780 square feet, and contain the Rainbow store, another retail outlet, and a second freestanding building for Hollywood Video /Great Clips occupancy. Mr. Warren stated the proposed plat requires cross parking and cross access agreements between the two lots to allow free access over the site. It is also suggested that an existing 30' roadway easement for Beard Avenue North be dedicated as street right -of -way. These issues must be addressed in the final plat. With respect to parking, Mr. Warren stated the existing property provides more than the required number of parking spaces. However, he explained that when Lot I is superimposed over the site plan approved for the project, the site is short 19 parking spaces of the minimum required for the pharmacy building. The applicant has been informed of options to address this issue: 1) the property line may be altered to include 19 more spaces on Lot 1 or 2) a Special Use Permit may be applied for to allow for off -site accessory parking on Lot 2 and encumbered for the sole use of Lot 1. Mr. Warren stated the applicant chose option 2 and has filed a Planning Commission application for a Special Use Permit. Mr. Warren indicated the Preliminary Plat application is in order, subject to 5 conditions outlined in the staff report. However, because of the Special Use Permit application received to deal with the parking issue and associated public hearing, Mr. Warren recommended tabling action and continuing the public hearing on the Preliminary Plat subdivision request until the Commission reviews the • Special Use Permit application. Action on both the Preliminary Plat and Special Use Permit applications can be completed at the Commission's October 17 meeting. The Secretary noted the applicant requested a waiver of the 60 -day filing requirement. Mr. Warren recommended the public hearing announced for this meeting be conducted. Chair Willson called for questions from the Commissioners. Commissioner Boeck expressed concern that site plan details such as resolution of the pharmacy drive -up window access discussed at the 6 -27 -96 Commission meeting, easement dedication, cross access agreements; and parking information are not complete and available to the Commission in conjunction with this application. PUBLIC HEARING (APPLICATION NO 9601 5) There was a motion by Commissioner Holmes, seconded by Commissioner Boeck, to open the public hearing on Application No. 96015 at 7:58 p.m. The motion passed unanimously. Mr. Darren Lazan, representing Landform Engineering Company, Wavzata vIN, explained that while details are important, purchase agreements containing specific descriptions defining the lot lines for the 2 lots are currently being negotiated between the concerned parties. It has been determined that to amend the agreements to change lot lines to provide for required parking for Lot • 1 would significantly impede the process. Mr. Lazan reiterated that the legal title documents when filed with Hennepin County will include description of the parking spaces encumbered for the sole use of Lot 1. 9 -26 -96 2 In addition, Mr. Warren explained that details referred to by Commissioner Boeck are customarily • included in the final plat material presented for approval by the City Council. He noted that final plat applications are submitted directly to the City Council for consideration and action. Mr. Lazan requested that action on the preliminary plat application be tabled until it can be combined with consideration of the Special Use Permit application. It is anticipated that complete information will be available for the Commission's October 17 meeting. Mr. Lazan reported that discussions continue with Hennepin County and the City regarding construction of turn lanes on Brooklyn Boulevard. Ms. Jenna Sellers, project architect, reported that demolition of the existing building on the site is temporarily delayed until environmental issues are resolved with the Minnesota Pollution Control Agency. Notwithstanding this delay, the developer expects demolition to begin shortly so construction can start in November 1996. ACTION TO TABLE CONSIDERATION OF APPLICATION NO 96015 AND TO CONTINUE PUBLIC HEARING At 8:20 p.m., there was a motion by Commissioner Boeck, seconded by Commissioner Reem, to continue the public hearing and to table action on Application No. 96015, submitted by Landform Engineering Company, to the Commission's October 17 meeting. Voting in favor: Chair Willson, Commissioners Boeck, Holmes, Newman, and Reem. The motion passed unanimously. APPLICATION NO. 96016 (DOUGLAS METAL SPECIALTIESS) Chair Willson introduced Application No. 96016, a request for site and building plan approval from John Hunerberg, Hunerberg Construction Company, on behalf of Douglas Metal Specialties, 4912 France Avenue North. The Secretary presented the staff report using overhead transparencies to show the location and site and building plans for two additions. (See details in Planning Commission Information Sheet for Application No. 96016 dated 9 -26 -96 which is attached.) A 1,250 square foot addition will be constructed at the rear of Building A and a 550 square foot addition to Building B will enclose the loading area and provide an overhead door on the east side of that building. The plan does not require review by the Watershed Management Commission. The City Engineer recommends that curb and gutter be provided along the east end of the site with a mid -point break to allow surface drainage into the T.H. 100 right -of -way which is the established drainage pattern on the site. In addition, it is recommended that major repair or an overlay of paving on the site be considered. Adequate landscaping is planned, however, it is recommended that underground irrigation be installed in areas currently lacking irrigation. Parking, provided by parallel and angled spaces • totaling 23, meets requirements. 9 -26 -96 • The applicant also plans a major face lift to the exterior and the roof of Building A that will complement the exterior and roof on the new addition to Building B, and a canopy will be built over the front building entrance. The staff recommends approval of Application No. 96016 subject to the conditions outlined in the 9 -26 -96 staff memorandum. Chair Willson called for uestions from the Commissioners. q The Commissioners discussed the landscaping and screening, lighting, the lot size, outdoor storage, fire and safety equipment access, condition of the paved surface on the site, and parking. Mr. John Hunerberg, Hunerberg Construction Company, representing Douglas Metal Specialties, acknowledged that while parking may be considered unorthodox, it is not a problem because there are only 10 -15 employees. A handicapped parking space will be designated near the office entryway. The applicant indicated that some improvement of the paving is planned and explained that the company is anxious to improve its buildings and overall image in the neighborhood. Mr. Hunerberg stated that an outdoor holding area is sometimes used for temporary storage of steel /materials on a short-term basis during the day. The Commissioners interposed no objections to the applicant's plans subject to the conditions outlined by the staff with an added condition to require a designated marked handicapped parking • space. It was noted that plans for repair of the paved surface of the site will be finalized during the building permit process. ACTION RECOMMENDING APPROVAL OF APPLICATION NO 96106 There was a motion by Commissioner Boeck, seconded by Commissioner Holmes, to recommend to the Council that it approve Application No. 96016, submitted by John Hunerberg, Hunerberg Construction Company, on behalf of Douglas Metal Specialties, 4912 France Avenue North, subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. V 2. Grading and drainage plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of permits to assure the completion of site improvements. 4. Any outside trash disposal facilities shall be appropriately screened from view. • 5. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 9 -26 -96 4 6. Plan approval is exclusive of signery which is subject to Chapter 34 of the City Ordinances. 7. B -612 curb and gutter shall be provided at the east end of the parking lot to assist site drainage in this area. 8. One existing parking space shall be designated for handicapped parking with the proper signage. Voting in favor: Chair Willson, Commissioners Boeck, Holmes, Newman, and Reem. The motion passed unanimously. The Council will consider the recommendation at its Tuesday, October 15, 1996 meeting. The applicant must be present. Major changes to the application as reviewed by the Commissioners will require that the application be returned to the Commission for re- consideration. OTHER BUSINESS The Commission's next meeting will be on October 17, 1996. Commissioner Mark Holmes informed the Secretary and the Commissioners that he is unable to attend that meeting. iVlr. Warren announced that the Commissioners will join the City Councilmembers in a meeting on • Wednesday, October 30, 1996, at 7:00 p.m. in Conference Room B, City Hall. The agenda includes discussion of the plans and timetable for updating the City's Comprehensive Plan and appointment of the Comprehensive Plan Task Force. Arlene Bergfalk agreed to serve as Recording Secretary for this joint meeting. The Commissioners agreed to cancel the study session previously scheduled for Thursday, October 31, 1996. With respect to the geographic representation of the Commissioners, Chair Willson recommended that Commissioner Brian Walker be designated to represent the Northeast Nei and Commissioner Rex Newman be designated to represent the West Central Neighborhood. The Commissioners concurred with the recommendations. Currently, Commissioner Mark Holmes represents the Northwest Neighborhood; Commissioner Graydon Boeck represents the Southwest Neighborhood; Commissioner Donald Booth represents the Southeast Neighborhood; and Commissioner Dianne Reem represents the Central Neighborhood. Chair Willson stated the Commissioners are not precluded from attending neighborhood meetings outside their respective designated areas at their discretion. ADJOURNMENT There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:55 p.m. V • 9 -26 -96 • Chair Recorded and transcribed by: Arlene Bergfalk TimeSaver Off Site Secretarial • • 9 -26 -96 6 CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 1996, • at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Amending Chapter 6 of the Brooklyn Center City Charter; Section 6.02 Subd. 3(a). 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 BROOKLYN CENTER CITY CHARTER; SECTION 6.02 SUBD. 3(a) THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 6.02, Subdivision 3(a) of the Brooklyn Center City Charter is hereby amended as follows: Section 6.02, Subdivision 3(a): Subject to the provisions of paragraphs (b) and (c) of this Subdivision, the City Manager shall appoint, upon the basis of merit and fitness and may suspend or remove upon the basis of merit and fitness, and upon the provisions of all • applicable ordinances, all officers and employees of the City, except the City Attorney, whose appointment and removal shall be at the discretion of the Council. [Appointment and removal of department heads shall be made final only upon a majority vote of the Council.] Section 2. This ordinance shall be effective after adoption and ninety days after its ssa a and publication. P g Adopted this day of , 1996. Mayor ATTEST: City Clerk Date of Publication • Effective Date (Brackets indicate matter to be deleted, underline indicates new matter.) 31 City of Brooklyn Center A great place to start. A great place to stay- • 13ROOKLYN CENTER CI-iARTTR COMMISSION TO: Mayor Kragness Counciimember Kathleen Carmody Councilmember Kristin Mann Councilmember Debra llilstrom Coimcilmember Charles Nichols, Sr. FROM: Tim Willson Chair, Charter Commission DATE-: September 29, 1996 RE: Charter Revision to Chapter 6 , Administration of City Affairs, of the City Charter At the September 25. 1996, Charter Commission meeting, the Charter Commission voted to amend Chapter 6, Section 6.02, Subdivision 3(a) of the City Charter. 'l1►e Commissioners voted to remove the last. sentence ui that subdivision which read, • "Appointnient and removal of department heads shall be made final only upon majority vote of the Council." The reasoning for deleting this sentence was to allow the power of appointing and removing department heads to be with the City Manager alone, without majority vote approval by the Council making those kinds of decisions final. Pursuant to Minnesota Statutes 410.12, Subdivision 7, the Brooklyn Center Charter Conmiission recommends the adoption, by ordinance, of the attached proposed ordinance. This item should be placed on the City Council agenda as soon as possible. If you have any questions, please contact me. cb Attachments • 6301 Shingle Creek Pkwy, Brooklyn Center, 111V 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 1 Equal Opportunities Employer Section 6.09. INITIATION OF CHARTER AMENDMENTS Nothing in this charter shall be construed as in any way affecting the right of the registered voters, under the constitution and statutes of Minnesota, to propose amendments to this charter. I NNESOTA STATUTES ANNOTATED Section 410.12 Subdivision 7 Charter Amendment by Ordinance Subd. 7. Amendment by ordinance. Upon recommendation of the charter commission the city council may enact a charter amendment by ordinance. Such an ordinance, if enacted, shall be adopted by the council by an affirmative vote of all its members after a public hearing upon two weeks published notice containing the text of the proposed amendment and shall be approved by the mayor and published as in the case of other ordinances. An ordinance amending a city charter shall not become effective until 90 days after passage and publication or at such later date as is fixed in the ordinance. Within 60 days after passage and publication of such an ordinance, a petition requesting a referendum on the ordinance may be filed with the city clerk. Such petition shall be signed by qualified. voters equal in number to two per cent of the total number of votes cast in the city at the last state general election or 2,000 whichever is less. If the city has a system of permanent registration of voters, only registered voters are eligible to sign the petition. If the requisite petition is filed within the prescribed P eriod, the ordinance shall not become effective until it is approved by the voters as in the case of charter amendments submitted by the charter commission, the council or by petition of the voters, except that the council may submit the P Y ordinance at any general or special election held at least 60 days after submission of the petition, or it may reconsider its action in adopting the ordinance. As far as practicable the requirements of (Minnesota Statutes 410.12) subdivisions 1 to 3 apply to petitions submitted under this section, to an ordinance amending a charter, and to filing of such ordinance when approved by the voters. Section 6.10. THE REFERENDUM. If prior to the date when an ordinance takes effect a petition signed by qualified registered voters' of the City equal in number to ten (10) per cent of the total number of registered voters at the time of the last regular municipal election is filed with the City Clerk requesting that any such ordinance be repealed or submitted to a vote of the registered voters, the ordinance shall thereby be prevented from going into operation. The Council shall thereupon reconsider the ordinance at its next regular meeting, and by a majority vote either repeal or affirm the ordinance as passed. If the ordinance is affirmed, the Council shall immediately order a special election to be held thereon, or submit the ordinance at the nest re;llar municipal election, pending which the ordinance shall remain suspended. If a majority of the voters voting on the ordinance is opposed to the ordinance, it shall not become effective; but if a maiority of the voters favor the ordinance, it shall go into effect immediately or on the date therein specified. -10- CHAPTER 6 AD INUNISTRATIO K OF CITY AFFAIRS Section 6 01 THE CITY MA\iAGER The City Manager shall be the Chief Administrative Officer of the City and shall be chosen by the Council solely on the basis of training, experience, and administrative qualifications' choice shall not be limited to inhabitants _ of the City or State. The City Manager shall be a citizen of the United States and shall be appointed for an indefinite period. The City Manager shall be removable by the Council at ' will, provided, however, that if removed at any time after one year of service, the City Manager may, within fifteen (15) days after such removal, demand written charges and a public hearing on the same before the Council; but pending and during such hearing, the Council may suspend the City Manager from office with or without pay. Such public hearing shall take place within thirty (30) days after the demand for the same and the written charges shall be furnished to the City Manager by the Council at least ten (10) days before the hearing. During the suspension, absence or disability of the City Manager, or in case of a vacancy in the office of the City Manager, the duties of said office shall be performed by some properly qualified person designated by the Council as acting manager. Section 6.02. POWERS AND DUTIES OF THE CITY MANAGER. Subdivision 1. Subject to the provisions of this charter, any Council regulations consistent therewith, and other applicable laws, the City Manager shall control and direct the administration of the Cites affairs. The City Manager shall have the powers and duties set forth in the following subdivisions. Subdivision 2. The City 'Nfanager shall see that this charter and the laws and resolutions of the City are enforced. Subdivision 3. (a) Subject to the provisions of paragraphs (b) and (c) of this Subdivision, the Cite Manager shall appoint, upon the basis of merit and fitness and may suspend or remove upon the basis of merit and .fitness, and upon the provisions of all applicable ordinances, all officers and employees of the City, except the City Attornev, whose appointment and removal shall be at the discretion of the Council. Appointment and removal of department heads shall be made final only upon a majority vote of the Council. (b) The Fire Chief shall be appointed from the members of the Fire Department. Procedures for the appointment, suspension and removal of the Fire Chief shall be set forth { in paragraph (a) of this Subdivision. -14- CITY OF BROOKLYN CF,NI'ER Notice is hereby given that a public hearing will be held on the _ day of , 1996, at p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Chapter 6 of the Brooklyn Center City Charter. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE ANMENDING CHAPTER 6 OF THE BROOKLYN CENTER CITY Cl TARTER THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: • Section l: Section 6.02, Subdivision 3(a) of the Brooklyn Center City Charter is hereby amended as follows: Section 6.02, Subdivision 3(a): Subject to the provisions of paragraphs (b) and (c) of this Subdivision, the City Manager shall appoint, upon the basis of merit and fitness and may suspend or remove upon the basis of merit and fitness, and upon the provisions of all applicable ordinances, all officers and employees of the City, except the City Attorney, whose appointment and removal shall be at the discretion of the Council. [Appointment and removal of department heads shall be made final only upon a majority vote of the Council.] Section 2. This ordinance shall be effective after adoption and ninety days after its passage. Adopted this day of , 1996. Mayor Myrna Kragness RITE ST: Deputy Clerk Date of Publication • Effective Date (Brackets indicate matter to be deleted, underline indicates new matter.) r' KENNEDY & GRA VEN C:HA=ZRM ' A,tLir.[1l u t.r• ]A.�cY$ J• rao►isoN 'r,a Pabbur7 Cmcrr, Nfnne2polis. 'WMACI CA ss4ac LA"Y Velm mum RO UXT A. AtSOr (6L') 337 -9300 Scm L V UA=,s BRUGL .1C BArrEA9oN Jos T. YA.vG RONALD EL BArrY F— h- (611) 337 -4310 — S J. BUTM JuBN a DCI.Y DA VM L C"NIN (inxi9oll DAN= 1. G &EZVSWUG DAVM J. KL%xmY OF Gout CWAkXLLK t. LL ryur RO%= T G c4RLION JO"V 3i. L KEVem ML wR=*S DntECT DEAL RO &ZRT L DA VIDSON RONIAT J. EXIMAiL (4L') M74ZI W2LLII:QtON Li (.aw Rossrr C. LONG FLOYD B. IDL"M JAMM M. 5'TRO*na4 CURI .L PLULSON CORJWtX EL reowov iviay '2, 1996 T. JAY sAL Sy app Bolton & "Yfenk Inc. 1515 East Hwy. 13 Burnsville, NNI 55337 RE: Charter Section 6.02, Subd. 3(a) Dear Sy: On behalf of the Charter Commission you have asked form comment on the l and dical ,, y ra g P implications of Charter Section 6.02, subd. 3(a) which requires that appointment and removal of department heads shall be made final only upon a majority vote of the city council As a legal mater, there could be some advantages to allowing the manager to make such decisions without ratification by the city council. Hirina and firing decisions can expose a city to liability if not o g Po handled properly. Such decisions involve issues of the Civil Rights Act, the Harlan Rights Act, the Open Meeting Law, the Data Practices Act, and defamation, among others. I would not say that the decision whether to hire or fire would be more likely to expose the city to liability if the decision were subject to ratification by the city council. In fact, there could be cases in which such a process would , serve as a check on an unwise decision by a city manager and acmally result in avoiding liability. However, the rp ocess of making the decision is complicated by involverrk= of the city council. This process could expose the city to liability because more people are involved in the decision, those people are not often trained or experienced in personnel management and related legal issues, and the city council involvement is required, for the most part, to be in an open, public forum. If the hiring and firing decisions of the manager in the case of department heads were final, as it is in the cast, of all other city employees, the hiring and firing process would be more easily managed with the involvement of personnel professionals and the advice of legal counsel Because the decision involves city employees and appli anrc for city employment, the data generated in the process and used during the decision [Waking process is private (with a few limited exceptions) and not available to the public. If these decisions arc made solely by the city manager, the entire process, as well as the personnel data which is used in the process, remains private, thereby avoiding public disclosure of the data. In the case of dismissal of department heads, this can have the effect of reducing the possible embarrassment that can result from disclosure of reasons for a dismissal. 'Mere may be instances in which the reason that a cl.:- 13s0110 • Sy Knapp titay 22, 1996 Page 2 dismissed employee brings suit against the city is the belief that his or her reputation has been damaged and the embarrassment that can result from public discussion of his or her shortcomings. For a time, there was considerable confusion about how this kind of personnel decision was to be handled by public bodies because the Open Meeting law required meetings of the city council to be open, but the Data Practices Act required personnel dam to be private and not disclosed to the public. That confusion has been resolved by the legislature; and the law now provides that meetings must be open, even if private personnel data is discussed. Therefore, meetings of city councils on personnel matters must now be open, even if private data is being discussed, unless a specific exception w the Open Meeting Law authorizes an executive session. The most common exceptions to the Open Meeting Law for discussion of personnel data are Minnesota Statutes. section 471.705, subd 1(d), subparagraphs (c) and (d). Paragraph (c) • requires the council to close meetings for " preliminary consideration of allegations or charges against an individual subject to its authority." However, if the city council concludes that discipline of any anal a may be warranted, further meetings or hearings relating to the specific charges must be open. Paragraph (d) allows the council to close a meeting to discuss the performance of an individual subject to its authority. This exception would apply to a perfonT=cc evaluation of the city manager because the city manager is subject to its authority; but it would not justify closing a meeting to decide whether to hire or fire a d Y g g rra'nt head. department Therefore, involvement of the council in these decision brings the decisions out into a public forum. Additionally, although he n Meeting Law requires such meenn s to be in an � � � e4 open Pen public forum, the private personnel data still maintains its classification as private data. Therefore, the council' will not violate the Data Practices Act by a public discussion of private personnel data at a city council meeting, but any other release or disclosure of the same data will be a violation of the Data Practices Act. This can create a problem for city council members who may be criticized for their personnel decisions, but are not free to discuss their reasons for the decision, because to do so would violate the Data Practices Act. The same is true of defamation actions. The city council members may have a qualified privilege which would protect them from defamation claims for statements made about an individual employee at a city council meeting, but that privilege would not extend to public discussion about the individual outside of that forum. Other problems can arise because city council members may not be knowledgeable about laws relating to personnel decisions. For example, the state Human Rights Act prohibits • discrimination in hiring on the basis of race, sex, age, disability, etc. It is not unusual for people who are not familiar with laws, pilings, and regulations relating to such hiring decisions to ask inappropriate questions or make inappropriate comments which can be used as evidence that the city council was guilty of discrimination on the basis of race, sex, age, disability, or marital status. c_t.csc!o SIRzo: -, • Sy Knapp May Z, 1996 Page 3 I should note that the problems with council involvement which are described above are not insurmountable. Thcy are the same problems faced by cities which are not organized under the couneil/manager form Of goverment. However, they are problems which would not arise if the city manager's decision were dal, and council ratification were not required. Other problems with the Charter provision are more practical or political than legal in nature. The charter provision seems to be a compromise between a pure council/manager form of government where the professional manager is intrusted with all hiring and firing decisions in addition to other personnel administration, and other forms of government where the city council has a larger role. The obvious advantage of the council/manager form of goverruncm is that all administrative authority is vested in the city manager. This makes for clear lines of responsibility and authority, and apparently the charter commission felt that the advantages of this form of government were sufficient to justify entrusting the manage-; with the authority for all hirngs and firings of employees except for department heads. • The disadvantages of this charter provision are the same as those of a city administrator form of government where employees report to a city administrator, but decisions on hiring and firing are left with the city council. This can blur the lines of authority and responsibility, and ezrnpIoyees may seek to form alliances with council membe.s and undermine the authority of the chief executive officer. ,Although this charter provision gives the council more control over hiring and firing decisions, it can also place council mjerribcrs in an uncomfortable position if employees attempt to go around the city manager. Employees may also seek to involve others, outside of city govetnrnent, who have political influence to aid them in disputes with the city man . with t agerhe result that employment decisions can become politicized. As in the case of the legal issues described above, these practical and political problems arc not insurmountable. They are faced by other cities which do not have the council manager form of government The charter commission must ultimately decide whether the advantages of requiring council ratification of these decisions outweigh the disadvantages. If you have any further questions relating to this issue, please feel f ree to give me a calL Very truly yours, Charles L. LeFcvere • CLL:c,L7 �SC:J �t29; - • L ?qc L46 University Avenue West, 5t. Paul, lti i 5:5103-204 sW �j .�tlnn uota � C � ;t; �, Phone: (612) 281 -1200 • (800) y25 -1122 (,i(7.of yrorwolixj� .ts.:tlhtnc�t Fax: (612) 281.1299 - TDD (612) 281.1290 Nfay 20, 1996 Sy Knapp Charter Commissioner City of Brooklyn Center 7221 Riverdale Road Brooklyn Center, MN 55430 Dear Mr. Knapp: Enclosed are two League research memos that discuss the differeacts between the positions of ciry manager and city administrator and the pros and cons of each system. I have also enclosed the page from the League's Handbook for Minnesota Cities that discusses these • positions. As you will nocic:, the primary difference is chat a city manager, as that term is used for statutory cities, can hire and fire employers while a city administrator cannot. As Brooklyn Center operates under a home rule charter form of government, it would be possible to grant an administrator the power to hire and fire, or to deny the power to a city manager. To do so, however, only serves to conAse people and it is my recommendation that charter cities follow the general outline of each position as they would be used by statutory cities. You stated that Brooklyn Center's charter currently provides for a city manager whose authority co appoint department heads is subject to council approval. Although I have not done a complete review of all charters in the League's files or surveyed all charter cities, I am confident in stating that this is not a common provision. In fact, I have not come across a similar provision in any of the charters on which I have worked. This is not to say it is a bad Provision, simply that it is a unique approach. The primary advantages the current system has are that it provides a cheek and balance on the Power of the manager helping to keep employee concern and loyalty on the side of the elected body instead of an appointed position, and is could help ensure that proper hiring proc are being followed to min� the risk of the ciry being sued for discrunumtion, etc. On the other hand, such a provision undermines the authority of the manager which could effect his or her ability to manage. It delays the decision malting process, and it means that • more people are involved, many of whom may noc be adequately trained on lawful hiring practices thus actually increasing the risk of unlawful questions being asked ac - views 3n,d •w c:-�UAL OPPORTU�l1T1��FF(R`[�T'ic ACTION EN(PLOYER © d - kiioi • other unlawful practices being inadvertently used. I hope that this information will be of some assistance to you and the rest of the charter commission as it reviews possible amendments to the charter. If I can be of any hurt-her assistance, please feel free to contact me again. Kent Su1Cm Codification Attorney Enc. • MEMORANDUM • TO: Michael J. McCauley, City Manager r FROM: Sharon Knutson, City Clerk DATE: October 8, 1996 SUBJECT: Set Date and Time for Canvass of November 5, 1996, General Election Minnesota State Statutes Section 205.185, Subd. 3, requires the governing body of a municipality to canvass the returns and declare the results of an election within two days after an election. Because of the uncertainty of the time election judges return results to City Hall on election night, it is recommended that the Council canvass the results of the November 5, 1996, General Election on Wednesday, November 6, 1996, at 5 p.m. in the City Hall Council Chambers. • • { MEMORANDUM • TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk'!►. r;fi1� DATE: October 8, 1996 SUBJECT: Private Kennel License Renewal 1. 6421 Bryant Avenue North 2. 6312 France Avenue North Chapter 1 of the Brooklyn Center City Ordinances requires residents to obtain a Private Kennel License to keep three or more dogs or four or more cats six months old- or older. Chapter 1 further provides in Sections 1 -108 and 1 -109 that "said family or family member may obtain a private kennel license for the purpose of providing a period of time, not to exceed three years, in which to find a place where the dogs (cats) can be legally, safely, and humanely harbored." 1. 6421 Bryant Avenue North - Private Kennel License to Keep Four Cats • On May 23, 1994, the City Council approved a private kennel license for the keeping of four cats to Jana Lynn Roberts at the residence at 6421 Bryant Avenue North. • On September 25, 1995, the City Council approved the renewal of the private kennel license. • The applicant has submitted an application for renewal of her private kennel license for the period October 1, 1996, through September 30, 1997. This is the third and final year to renew the private kennel license. The Police Department has run a records check regarding cat complaints and no complaints have been reported. 2._ 6312 France Avenue North - Private Kennel License to Keep Three Dogs • On December 19, 1994, the City Council approved a private kennel license for the keeping of three dogs to Patricia Shogren and Bradley Shogren at the residence at 6312 France Avenue North. ' • On October 10, 1995, the City Council approved the renewal of the private kennel license. • The applicants have submitted an application for renewal of their private kennel license for the period October 1, 1996, through September 30, 1997. This is the third and final year to renew the private kennel license. The Police Department has run a records check regarding dog complaints and no complaints have been reported. Recommended Council Action: Discuss renewal of the private kennel licenses. Attachments City of Brooklyn Center A a rest place to start. A a re at place to stay. • APPLICATION FOR LICENSE Citv ofBrooklvn Center 6301 Shingle Creek Parkway Brooklyn Center Minnesota 55430 56) -3300 HONORABLE CITY COUNCIL I WE JANA LYNN ROBERTS NO. 236 6421 BRYA1NT AVE N BROOKLYN CENTER, NIN 55430 ANNUAL FEE $ 30.00 TELEPHONE 560 -5364 enclose the sum of Thirty Dollars and 00 Cents to the City of Brooklyn Center as required by the Ordinances of said City and have complied with all the requirements of said Ordinances necessary for obtaining this License: NOW, THEREFORE, I JANNA LYNN ROBERTS W ereby make application to operate the following license License Type: PRIVATE KENNEL L - TO KEEP FOUR CATS Company: JAN LYNN ROBERTS Location: 6421 BRYANT AVE N License Period: 1010111996 through 09/30/1997 subject to all conditions and provisions of said Ordinances.. Pursuant to Minnesota State Statute 270.72 Tax Clearance. your business tax identification number is required for approval of your license. The City has on file the following tax ID number for your business: Minnesota Tax Identification No.: City Vse Only: . 5ignature o ' p ica-nt Acctff Ckff Cash Re�# t y • Boulevard at 7:39 p.m. He inquired if there was anyone present who wished to address the Council. • There was a motion b C uncilm y o ember Rosene and seconded by Councilmember Kalligher to close the public hearing at 7:40 p.m. The motion passed unanimously. ORDINANCE NO. 94 -10 Member Dave Rosene introduced the following ordinance and moved its adoption: AN ORDINAIINCE VACATING PART OF A SANITARY SEWER EASEMENT, TRACT A, RLS NO. 1377, 2700 FREEWAY BOULEVARD The motion for the adoption of the*foregoing ordinance was duly seconded by member Barb Kalligher, and the motion passed unanimously. F UBLIC HEARING NITIAL APPLICATION FOR PRIVATE KENNEL LICENSE AT 64 BRYAiNT AVEINUE NORTH The City Manager called the Council's attention to a staff report regarding the application for a private kennel license. The issue is four cats are present on the property and the ordinance allows only three cats. He recommended the Council issue the license to allow four cats until December 31, 1994, after which only three cats would be allowed. • Councilmember Rosene noted a sanitation inspection had not been done and he would have e appreciated having that information even if it couldn`t be done within the timeframe needed for the staff recommendation. The City Manager said he had 'peen told there is not a sanitation concern. Mayor Paulson opened the meeting for the purpose of a public hearing on the Initial Application for Private Kennel License at 6421 Bryant Avenue North at 7:41 p.m. He inquired if there was anyone present who wished to address the Council Jim Roberts, 6421 Br Avenue North, said he was present to appeal the denial of the kennel license. He said the application was denied on the basis of one negative letter from a neighbor. In response to the letter from a neighbor, Mr. Roberts said the four cats are kept inside for safety reasons and are not allowed outside. He pledged to continue to keep them inside. He said he and his wife enjoy birds also and have, in fact, put up a birdbath and birdfeeder. Mr. Rooerts said he and his wife are conscientious pet owners who consider their pets their family. He said three of the four cats have been neutered or spayed and the other will be •/ %3/9 _ 10 _ in July 1994. He said he has records to show the animals' shots are up to date. Mr. Roberts said there are two cats aged eight years and two cats aged four years. • Mr. Roberts said the cats are healthy, neutered or ed kept spa y ,are pt m the house, and are not terrorizing humans or birds. He said he can do nothing about the neighbor's cat phobia except assure her she will not encounter his cats. He went on to say the application stated it was a private license, not a business opportunity. iVir. Roberts also said he did contact the City to reschedule the sanitation inspection. He was told the office would coordinate it but he was never contacted again. He said the license was denied because the inspection did not take place. The City Manager said the lack of an inspection was not the reason the license was denied. Mr. Roberts also said he is upset the one person who was concerned about the cats, who had his name and address, had not even contacted, him for information about his plans. Mr. Roberts added he understands he and his wife are the first Brooklvn Center citizens to ever apply for a private cat kennel license and surely many people have four or more cats. He felt he was following the law, but if he had kept quiet no one would have known. He said he has been "ribbed"; ribbea , he shouldn't have even applied Iied far the license. He asked the Council to reverse the denial and send the message honest' is the riaht way. He said this is an issue which should not have come to this point of Council involvement. • Mr. Roberts added he and his wife would g o so far as to promise to not replace the first cat whic'n 1,"-.s out its natura i life. Councilmember Scott thanked Mr. Roberts for coming to the Council with this and asked whether, now that winter is over, he has g otten to know his neighbors. Mr. Roberts said he knows the neat -door neighbors and manv neighborhood children Slav basketball in his driveway. v v Councilmember Scott said cat phobia is very real and scary. She noted there are apparently cats loose in the neighborhood and the Roberts' cats may be bearing responsibility in error. Mr. Roberts said he has heard there is a house in the area with 20 cats. Councilmember. Scott suggested he trr to meet neighbors; he will probably find the neighbor who objected and he can get to know her and understand her fears and she can get to know him. Mr. Roberts said he had been disappointed the neighbor did not contact him since she knew his address. Councilmember Scott commended Mr. Roberts for applving for the license. • F ouncilmember Rosene thanked tiir. Roberts for bringing the issue to the City Council. He ked what the life expectancy is of the cats. Nfr. Roberts said the life expectancy is 11 to years. The kennel license is for three years. Councilmember Rosene stated he believes the neighborhood needs animal control Councilmember Rosene said he appreciated Mr. Roberts' offer to not replace one of the cats when it dies. He commended Mr. Roberts for his honesty. Councilmember Rosene told the City Manager he would like to see this ordinance revised. He suggested the Council could allow the Roberts to keep the four cats until there was a documented case of a cat getting out, then be given a warning of six months to comply with the ordinance. He said if the Council does not have the ability to do something like that he would like to see the ordinance revised so it did. He also asked the City Attorney about this procedure. The City Attorney said it is questionable whether such ordinances would be enforceable. He said the ordinance could be amended to provide the Council with the authority to impose specific conditions. The City Nfanager said this ordinance is seven or eight years old; before that, there was no license procedure. Modification can be considered. i VIr. Roberts asked whether the ordinance stipulates three cats or two dogs are allowed, or R • if states three cats and two does. y Councilmember Scott noted the Roberts' case is different because they had the cats before moving to Brooklyn Center. She said a case of four dogs would be different. ' There was a motion by Councilmember Rosene and seconded by Councilmember Scott to overturn the Citv Manager's denial of the private kennel license and allow the Roberts to keep their four cats with the specification when one of the cats dies it not be replaced. The motion passed unanimously. DISCUSSION ITEMS LEGISL�kTIVE UPDATE The City Manager stated the session has ended. The data privacy issue has been cleared up, which is important.to the City Assessor. There was a change in the tax increment financina law so the City can now establish a TIF district. The aovernor vetoed the entire Health and Human Services bill, as well as funding to the Northwest Law Enforcement Project which is part of the Northwest CO -OP. It was possfole for the governor to veto other biIIs through last Friday, but he is unsure whether he did. A L%cap of the session will be coming from the Leaaue of tiiinnesota Cities. V • RESOLUTION NO 9� -2 15 Member Kathleen Carmody introduced the following resolution and moved its adoption: • RESOLUTION AUTHORIZING EXTENSION OF THE ANOKA HENNEPIN Eim NARCOTICS VIOLENT CRIME TASK FORCE JOINT POWERS AGREEMENT The motion for the adoption of the foregoing ordinance was duly seconded by member Debra Hilstrom, and passed unanimously. STAFF REPORT ON THE METROPOLITAN LIVABLE COMMUNITIES ACT The Community Development Specialist requested concurrence of the Housing Commission to participate in the Metropolitan Livable Communities Act. This Act was passed by the 1995 legislature and is the state's major piece of legislation addressing affordable housing. The rim oal of the primary g � Act is to provide a mechanism whereby each community in the seven count metropolitan area addresses the issue of affordable housing. The Community Development Specialist outlined incentives for communities to participate in the Act and talked about potential future Grants programs to assist cities in meeting their affordable housing goals and dealing with other issues in the city, etc. Date deadlines for participation of Brooklyn Center in the Act were discussed as follows: By November 15, 1995, the city would need to pass a resolution of intent to participate in the Act; By December 14, 1995, the city would need to adopt a housing goals aareement with the Metropolitan Council: By June 30, 1996, the city would have to have an action plan in place. • RESOLUTION NO 95 -216 Member Kathleen Carmodv introduced the following resolution and moved its adoption: RESOLUTION DECLARING DISCOVER THE CENTER RALLY NIGHTS AS A CIVIC EVENT The motion for the adoption of the foregoing ordinance was duly seconded by member Kristen :Mann, and passed unanimously. APPOINTMENT OF ?4EMBER TO THE AD HOC COMMUNICATIONS TASK FORCE A motion by Councilmember Mann and seconded by Councilmember Hilstrom to appoint .NIelodv Hanna to the Ad Hoc Communications Tasks Force passed unanimously. APPOINTMENT TO HOUSING COMMISSION A motion by Councilmember Ztann and seconded by Councilmember Hrlstrom to appoint Lloyd Deuel to the Housing Commission passed unanimously. PRIVATE KENNEL LICENSE RENEWAL AT 6121 BRYANT AVENUE NORTH A motion by Councilmember Carmody and seconded by Councilmember Mann to approve a private kennel license renewal at 6421 Bryant Avenue North passed unanimously. • 09 95 City of Brooklyn Center great place to start. A great place to stay. APPLICATION FOR LICENSE A ty o f Brookl n Center 1 Shingle Creek Parkway Brooklyn Center Minnesota 55430 56 -'3300 HONORABLE CITY COUNCIL I WE PATRICIA AND BRADLEY SHOGREN NO. 231 6312 FRANCE AVE N BROOKLYN CENTER, M1i T 55129 ANNUAL FEE $ 30.00 TELEPHONE 533 -3365 enclose the sum of Thirty Dollars and 00 Cents to the City of Brooklyn Center as required by the Ordinances of said City and have complied with all the requirements of said Ordinances necessary for obtaining this License: NOW, THEREFORE, I PATRICIA AND BRADLEY SHOGREN W ereby make application to operate the following license License Type: PRIVATE KENNEL - TO KEEP THREE DOGS Company: PATRICIA AND BRADLEY SHOGREN Location: 6312 FRANCE AVE N License Period: 10/01/1996 through 09/30/1997 subject to all conditions and provisions of said Ordinances. Pursuant to Minnesota State Statute 270.72 Tax Clearance, your business tax identification number is required for approval of your license. The City has on file the following tax ID number for your business: Minnesota Tax Identification No.: City Use Only: �' '< i . %i =./Cf SianTE of p cent Acct# Ck #' Cash Re# • 31 City of Brooklyn Center Additional Conditions to Private Kennel License Applicant: Patricia Shogren Bradley Shogren 6312 France Avenue North Issued: December 19, 1994 Expiration: September 30, 1995 1. The owners comply with all provisions of the licenses as set forth by City Ordinance, City Council, or Police, both before and after issuance of said license. 2. In the event of barking, the Owners shall promptly bring, the barking to a halt by means of electronic collar, voice reprimand or by bringing, the dog(s) indoors. 3. The dogs shall not be kept outside when the Owners are not at home. 4. The Owners shall regularly clean and maintain their yard. 5. Upon being informed by a neighbor or the City of a problem with the dog(s), the Owners shall immediately address and /or correct the problem. 6. Should neighbors wish to do yard work, allow (- rand)children to play outside, have a family gathering or for any other reason wish that the dogs be kept indoors temporarily, they may contact the Owners at 533 -8365 and the Owners shall bring the dog(s) indoors until such activities are completed. 7. The license applies only to the Owners' currently owned dogs; should for any reason the Owners be caused no longer to own one or more of these dogs, the Owners shall not harbor or keep more than two dogs. 8. The Owners shall not engage in any business activities, including breeding, using these dogs. • RESOLUTION AUTHORIZING ISSUANCE OF A LAWFUL GA114BLING LICENSE 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 Kathleen Carmody and passed unanimously. RESOLUTION NO 95 -2'?? Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING ISSUANCE OF A LAWFUL GAMBLING LICENSE 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 Debra Hilstrom and passed unanimously. SETTING MEETING DATES FOR DECEMBER 1995 A motion by Councilmember Hilstrom and seconded by Councilmember Carmody to set meeting dates passed unanimously as follows: December 6, 1995 - Truth in Taxation public hearing December 11, 1995 - regular City Council meeting • December 13, 1995 - Truth in Taxation public hearing December 18, 1995 - special session to approve the 1996 budget and levy. PRIVATE KENNEL LICENSE RENEWAL - 6312 FRANCE AVENUE NORTH A motion by Councilmembe. Carmody and seconded by Councilmember Hilstrom to approve a private kennel license renewal for Patricia Shogren and Bradlev Shouen, residents at 6312 France Avenue North which will expire on September •30, 1996, passed unanimously. Lwm RESOLUTION AMENDING THE 1995 GENERAL FUND BUDGET TO PROVIDE FOR REPAIRS TO THE CIVIC CENTER PLAZA FOUNTAIN Councilmember Carmody inquired how much money was left in the Contingency fund. The Interim City Manager could not provide a specific amount, but indicated there was an adequate amount. RESOLUTION NO 95 -2: Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1995 GENERAL FUND BUDGET TO PROVIDE FOR REPAIRS TO- THE CIVIC CENTER PLAZA FOUNTAIN • 10/10195 _ _ RESOLUTION CERTIFYING SPECIAL ASSESSMENTS TO THE HENNEPIN • COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. PUBLIC HEARING REGARDING INITIAL APPLICATION FOR PRIVATE KENNEL LICENSE AT 6312 FRANCE AVENUE NORTH The City Manager explained the applicant owns three dogs and the ordinance allows only two. City Staff followed procedures then decided to reject the application. Some comments from neighbors were negative and some were positive. There were no police records concerning the animals. The health inspector found no problems. The owner has appealed the decision, which means the City Council must decide the appeal. Proper notices have been sent in connection with the public hearing. Mayor Paulson called a recess of the City Council at 8:59 p.m. The City Council was reconvened at 9:15 p.m. Councilmember Scott asked the City Manager to explain the basis for the denial of the application. The City Manager answered he followed a prescribed process. Each application is checked in three ways or areas. If those three checks result in one objection his personal policy is to reject the application. This application had an objection in one of • the three areas. Councilmember Rosene said he is tempted to vote to reverse the denial but would Iike some assurances there would not be problems in the future. He asked the applicant to comment. Bradley Shogren, 6312 France Avenue North, the applicant, distributed copies of a petition signed by all but two neighbors in support of his application. He noted all neighbors have been given his phone number for expression of their concerns. He said the dogs have been raised well. Two neighbors are present at this meeting in support of the applicant. Even the letter in opposition to the license carries an admission that the dogs are not outside when the owners are not home. Only one neighbor has ever mentioned the dogs' barking and it was a positive comment that the neighbor felt more secure knowing the dogs were present. He added the issue was not brought as a result of a complaint but due to his a voluntary attempt to comply with the ordinance. He expressed dismay that an anonymous letter can be used as public record. l Pat Shogren, 6312 France Avenue North, the applicant's mother, also spoke in support of the application. a 1,Ir. Shogren mentioned if the doss were to become a nuisance he and his mother would be the first people to want to get rid of them. He would appreciate the opportunity to keep 12!19/94 - 19 - the animals unless and until there is a problem in the future. Giving him a chance would be more fair than judging on the basis of an anonymous letter. The City Manager noted oted the issuance of a kennel license does not relieve the owner of continuing compliance with ordinances. Mr. Shogren noted when the City Manager made the decision to deny the application he did not have possession of the positive letters. The supporters did not write because it was not felt supportive letters were needed unless there was a complaint. He added he would be happy to take the dogs into the house if asked by neighbors. Councilmember Rosene noted the applicant is making an attempt to comply with the ordinance and there have been no complaints concerning his dogs. The petition lists several offers, including an offer to not replace one in the future. Councilmember Rosene expressed gratitude for the assurances by Mr. Shogren. There was a motion b Councilmember tuber Rosene and seconded by Councilmember Mann to approve the private kennel license at 6312 France Avenue North subject to the conditions listed on the petition. Councilmember Rosene commented the petition demonstrates a cooperative owner. Mayor Paulson stated the burden of proof was on the applicant, who showed there was lack a i 1 of a nuisance factor. He asked whether the Council could limit the license to three dogs j and then revoke it if the number drops to two. The City Atto confirmed t N ty Y is was a p ossfole. a Mayor Paulson asked that the motion be amended to stipulate a limit of three dogs with the conditions and a reduction to two if one animal is removed from the household. Councilmember Rosene said that condition was already part of the motion. The City Manager noted a letter wiII be provided. The motion passed unanimously. DISCUSSION ITEMS - CONTINUED STAFF REPORT RE: SPECIAL ASSESSMENTS FOR STORM DRAINAGE IMPROVEMENTS AND THE ASSESSMENT STABILIZATION PROGRAM The Director of Public Services reviewed the policy, noting it was written in 1964 and has been updated many times. The bulk of the policy is based on existing policies, so changes are now being incorporated. No policy can anticipate every contingency; therefore, amendments and deviations are expected relative to different projects. In regard to the • 12;'19,!94 --)0 _ Memorandum To: Michael J. McCauley, City Manager 7 From: Tom Bublitz, Community Development Specialist Date: October 7, 1996 Subject: Resolution Authorizing Publication of the Notice of Finding of No Significant Impact on the Environment and Notice of Intent to Request Release of Funds for the 53rd Avenue Development and Linkage Project in the City of Brooklyn Center In order for Community Development Block Grant Funds to be used in the 53rd Avenue Development and Linkage Project, an environmental review must be completed on the proposed project. As required by federal regulations, the environmental review must analyze the impact of the redevelopment activities on the environment, as well as analyzing the impact of the existing environment on the proposed redevelopment activities. Hennepin County staff, through the Hennepin County Office of Planning and Development, has drafted an environmental review for the 53rd Avenue Development and Linkage Project with information and assistance from City staff. The following is a summary of key items and procedures from the environmental review: • For purposes of completing the environmental review, the project is divided into two phases. p g , P J P Phase I of the environmental review addresses the roject from.ac acquisition, relocation and p J q , clearance. Phase 11 would address the development phase of the project, and the environmental review must be amended when a specific plan for redevelopment is approved. • Essentially, the conclusion of the environmental review is that there are no negative environmental issues facing the project, and Hennepin County is prepared to issue a letter to that effect which would authorize publication of the Notice of Finding of No Significant Impact on the Environment and Notice to Request Release of Funds. • The Housing and Community Development Act, Section 104(d), also known as the "Barney Frank" rule, addresses the replacement of any affordable housing units cleared in the project area. The Barnev Frank Rule says that any "affordable" housing units, meaning any units renting at or below the current Section 8 rental allowance, must be replaced on a one - for -one basis. Based on current Section 8 Fair Market Rents, the eight living units contained in the two fourplex apartment buildings would be classified as affordable units and would have to be replaced under the Barney Frank rule. Hennepin County staff has indicated that these eight affordable units must be replaced somewhere in the metropolitan suburban area within a three -year time frame. Additionally, the City would not have to actually construct new units since the Barney Frank rule only requires that they be replaced somewhere in the metropolitan suburban area. In discussions with Hennepin County staff, they feel confident that eight similar affordable units will be constructed in the metropolitan suburban area in the next three years and could be counted as meeting the housing replacement requirement in the Barney Frank rule. • With the completion of the environmental review, federal regulations require publication f p g q o a Finding of No Significant Impact on the Environment and Notice of Intent to Request Release of Memorandum to Michael I McCauley • October 8, 1996 Page 2 Funds ( FONSI), followed by a 33 -day review and comment period, during which time interested persons can comment on the findings. No funds may be expended on the project until after the 33 -day review and comment period and HUD has released funds for the project. A copy of the environmental review, FONSI notice, and Resolution Authorizing Publication of the Notice is included with this memorandum. Environmental Review • 53rd Avenue Development and Linkage Project City of Brooklyn Center Project Description This Environmental Review is limited to an examination of Phase I of the 53rd Avenue Development and Linkage Project. Future plans for this area are not sufficiently advanced to allow analysis here. Those future plans will be considered Phase II and will be analyzed in a subsequent review. In Phase I, the City of Brooklyn Center will: 1) acquire 26 properties within the project area; 2) relocate the owner and renter households occupying these homes; 3) conduct testing and abatement for environmental hazards such as asbestos and PCBs, and search for and cap wells, if necessary; and 4) clear the structures. The purpose of this project is to address identified conditions associated with an aging housing stock and to make improvements which will benefit the area. The properties to be acquired are those which face 53rd Avenue North from 4th Street to Bryant Avenue North, as well as several which are located on 4th Street and Camden and Bryant Avenues (see Figure I, attached). These 26 properties consist of 24 single - family dwellings and two fourplexes (eight dwelling units). The structures to be acquired are in • many ways typical of others in this portion of Brooklyn Center and nearby sections of Minneapolis. Previous analysis done by Hennepin County revealed that very few homes in this area of Brooklyn Center or adjacent areas of Minneapolis had gained any assessed value in the period 1987 -1995, and in selected areas it was relatively common to see values remain relatively flat or decline. This pattern was found in this 53rd Avenue North project area as well. The age of housing in,the southeast neighborhood is a greater concern than in the other five city neighborhoods. More than 25% of the units in the southeast neighborhood containing the project area were built prior to 1950. This relates directly to the condition of the housing; as it ages, generally more effort and money are required to maintain it. Of the homes in the project area, 79% were built prior to 1950 and 50% were built in the 1920's. The average age of these structures is 62.4 years, with the range being from 86 to 37 years old. Because it may be difficult for owners to justify major capital investment in these older, modestly priced homes, many of the older homes have experienced deferred maintenance with repairs needed on major items including roofs and siding. Also, from a functional standpoint, these older homes tend to have smaller rooms, lower ceiling heights, and other design elements that make them obsolete by current standards. For these reasons, the City has included this area in its redevelopment plan. The project area is in the southeast corner of Brooklyn Center, on its border with Minneapolis (53rd Avenue North is the boundary). It lies within a larger area surrounded by I -94 and the Mississippi River to the east, T.H. 100 to the north and west, and the Humboldt industrial area, Canadian Pacific rail yards and Shingle Creek to the south. The • immediate surrounding area is primarily residential, with some convenience commercial and institutional uses. Larger commercial centers include the Camden commercial area at Lyndale and 42nd Avenue North, and Northbrook and Brookdale Malls, both located adjacent to T.H. 100. The institutional uses include churches, libraries and schools; the project area lies within Brooklyn Center School District No. 286. Together, Phase I— acquisition, relocation, and clearance —and Phase II— construction of public improvements —are estimated to cost approximately $3.2 million. Funding is anticipated through HUD Community Development Block Grant (CDBG), Economic Development Authority (EDA) funding, and tax increment (special housing development account). Additionally, the City is seeking $500,000 through an application for Minnesota Housing Finance Agency (MHFA) Multi Family Program funding. Environment Because Phase I of this project deals only with acquisition, relocation, and clearance, analyses of environmental factors will be limited to a few relevant factors: • Historic Properties. Minnesota Historical Society review has been requested. • Noise. Clearance of these structures will cause short-term noise problems in the immediate vicinity. The City of Brooklyn Center will require that all currently accepted noise - reduction measures for residential demolition be taken during the clearance of these structures. • Air Quality. Clearance of these structures will cause short-term dust problems in the immediate vicinity. The City of Brooklyn Center will require that all currently accepted dust - control measures be taken during the clearance of these structures. • Manmade Hazards. It is anticipated that asbestos and other hazardous materials may be found in some of these structures. Prior to clearance, asbestos surveys will be conducted on all structures and appropriate abatement measures will be undertaken. • Water Quality. Some of the older homes in this project area may have private wells. These homes and sites will be inspected and any wells found will be capped in accordance with State Department of Health regulations. • Solid Waste Disposal. Solid waste (demolition material) from clearance activity will be disposed of at an approved landfill. Acquisition, Relocation, and One - for -One Replacement The acquisition and relocation of properties acquired in whole or in part with HUD . Community Development Block Grant funding are subject to the Uniform Acquisition and Relocation Act. The project will be implemented so as to minimize displacement pursuant Project Summary: 53rd Avenue Development and Linkage Project 2 53RD AVENUE DEVELOPMENT AND LINKAGE PROJECT 55TH AVE N --- --- - -- -- SCALE 1' 200' W - - m d - -- -- - - -- — — c� - - - -- -- Q w Li wpm _ m - �� I 0 C1 E N NOTICE OF FINDING OF NO SIGNIFICANT IMPACT • ON THE ENVIRONMENT AND NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS CITY OF BROOKLYN CENTER 53RD AVENUE DEVELOPMENT AND LINKAGE PROJECT TO ALL INTERESTED PARTIES, GROUPS AND PERSONS: The purpose of this notice is to identify two separate but related actions to be undertaken by the City of Brooklyn Center in cooperation with Hennepin County. On or about November 7, 1996, the above -named city and Hennepin County will request the U.S. Department of Housing and Urban Development to release funds under Title I of the Housing nd Community Development of 1974 g Y P , as amended (PL93 -383), for the following project: The 53rd Avenue Development and Linkage Project, program year 1996, roject number 902 (multi-year project), proposes to l ( , acquire 26 Y P J ) P P q properties within the project area, relocate those owner and renter households occupying the homes in the project area, conduct testing and abatement for environmental hazards such as asbestos and clear these t s ructures. The purpose of this protect is to address identified conditions associated with an aging housing stock and to make improvements which will benefit the area. The project area includes the area along 53rd Avenue North from 4th Street to Bryant Avenue North and properties on 4th Street, Camden Avenue, and Bryant Avenue in Brooklyn Center. The project proposes to acquire up to 26 properties in the project area. FINDING OF NO SIGNIFICANT IMPACT It has been determined that such a request for release of funds will not constitute an activity significantly affecting the quality of the human environment, and, accordingly, the City of Brooklyn Center and Hennepin County have decided not to prepare an Environmental Impact Statement under the National Environmental Policy Act of 1969 (PL91 -190). The reasons for the decision not to prepare such Statement are as follows: (a) the review determined that no significant environmental effects will result; and (b) the proposed project is consistent with all applicable local, state, and federal regulations. An Environmental Review Record has been established for this project which documents the environmental review of the project and more fully sets forth the reasons why such Statement is not required. The Environmental Review Record is on file and available for public examination and copying, upon request, in the offices of the City, of Brooklyn Center and the Hennepin County Office of Planning and Development, 10709 Wayzata Blvd., Minnetonka, MN 55305, between the hours of 8:00 A.M. and 4:30 P.M., Monday through Friday. No further environmental review of this project is proposed to be conducted prior to the request for release of funds. PUBLIC COMMENTS ON FINDING All interested agencies, groups, and persons disagreeing with this decision are invited to submit written comments for consideration by the City of Brooklyn Center and Hennepin County to the office of the undersigned. Such written comments will be accepted until November 25, 1996. All such comments so received will be considered, and the City of Brooklyn Center and Hennepin County will not request the release of federal funds or take any administrative action on the within project prior to the date specified in the preceding sentence. • RELEASE OF FUNDS • Hennepin County, as the eligible grantee, and the City of Brooklyn Center will undertake the project described above with funds from HUD under Title I of the Housing and Community Development Act, as amended. Hennepin County, as the eligible grantee, is certifying to HUD that Hennepin County and Jeff Spartz, in his official capacity as Acting County Administrator, consent to accept the jurisdiction of the federal courts if an action is brought to enforce responsibilities in relation to environmental reviews, decision- making and action; and that these have been satisfied. The legal effect of the certification is that upon its approval, Hennepin County and the City of Brooklyn Center may use Block Grant funds and HUD will have satisfied its responsibilities under the National Environmental Policy Act of 1969. OBJECTIONS TO RELEASE OF FUNDS HUD will accept an objection to its approval only if it is on one of the following bases: (a) that the certification was not in fact executed by the certifying officer or other officer of the grantee approved by HUD; or (b) the environmental review record for the project indicates omission of a required decision, finding or step applicable to the project in the environmental review process. Objections must be prepared and submitted in accordance with the required procedure (24 CFR Part 58) and may be addressed to HUD at 220 South Second Street, Minneapolis, Minnesota 55401 - 2195. Objections to the release of funds on bases other than those stated above will not be considered by HUD. No objection received after November 25, 1996, will be considered by HUD. Jeff Spartz, Acting Hennepin County Administrator • A -2300 Government Center 300 South Sixth Street Minneapolis, Minnesota 55487 • r Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING PUBLICATION OF THE NOTICE OF FINDING OF NO SIGNIFICANT IMPACT ON THE ENVIRONMENT AND NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS FOR THE 53RD AVENUE DEVELOPMENT AND LINKAGE PROJECT IN THE CITY OF BROOKLYN CENTER WHEREAS, pursuant to federal Community Development Block Grant (CDBG) regulations, and prior to the use of CDBG funds for the 53rd Avenue Development and LInkage Project, the City must complete an environmental review for the project; and WHEREAS, an environmental review has been completed for the 53rd Avenue Development and Linkage Project; and WHEREAS, Hennepin County has authorized publication by the City of Brooklyn Center of the Notice of Finding of No Significant Impact on the Environment and Notice of Intent to Request Release of Funds, City of Brooklyn Center; and • WHEREAS, the City Council of the City of Brooklyn Center has reviewed the environmental review for the project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that staff is hereby directed to publish the Notice of Finding of No Significant Impact on the Environment and Notice of Intent to Request Release of Funds, City of Brooklyn Center, in the City's official newspaper. 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. • 3 City of Brooklyn Center A great place to start. A great place to stay. • MEMORANDUM TO: Mayor Myrna Kragness Councilmember Kathleen Carmody Councilmember Debra Hilstrom Councilmember Kristen Mann Councilmember Charles F. Nichols, Sr. FROM: Michael J. McCauley, City Manager- DATE: October 10, 1996 SUBJECT: Coverage of 1995 Operating Losses at Earle Brown Heritage Center In response to the questions raised by Ms. Carlson at the last City Council meeting, I have asked the City Attorney to review the matter. Mr. LeFevere's opinion is attached to this memo, along with a memorandum from the Finance Director detailing his actions. There are two issues relative to this matter. The first issue relates to whether or not the actions taken by the Finance Director have legal implications. Mr. LeFevere's opinion resolves the issues with respect to whether laws were broken or fund misappropriated. The second issue is whether the handling of the operating losses at the Earle Brown Heritage Center for 1995 were correctly handled. As indicated in Mr. Hansen's memorandum and also by implication in Mr. LeFevere's opinion, it was inappropriate for the disposition of the year end to have occurred without City Council and Economic Development Authority board action. Mr. Hansen has recognized the error in handling the matter at the close of the year 1995. There would be no reason to anticipate that a similar error would occur in the future. I have made it very explicit that matters such as this require action by the City Council and where applicable, the Economic Development Authority board of directors. While the specific actions should not have occurred without having first submitted them to the City Council and Economic Development Authority for their review, possible modification and approval or disapproval, I would recommend to the City Council that resolutions be adopted by both the City Council and Economic Development Authority to deal with the shortfall. The options available would be to ratify the loan from the combined funds to the Economic Development Authority or to identify a different source of funding for either a loan or grant as the Council and Economic Development Authority felt appropriate. Based on direction from the City Council, resolutions will be prepared for the October 28, 1996, meeting. • 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 KENNEDY & GPAVEN Attar" at Law Ce AR7'ERED • ROBERT A. ALSOP 470 1 Crater, Min0"P ,,_ 'Wnnesota 55402 Jwr�s J. 1�aoDrsox BRCCE K Bw'11 £ASON (61.2) 337.9300 LARRY M. vvERTgaf4 RONALD FL DAM BONNIE L Way.Ns sM?xoi J. BUSUL Facr+mik (612) 337.9310 JOE Y. YANG J OHN & DEAN _ DANIEL J. KENNEDY Dwvt KENNEDY DAVID L GRAvEN (19:9 CHARLES L. LEFEVE" JOHN M. LEFhti'RE, .9,t Or COUNSEL ROSMT J. U WRr1'ER'S DIRECT DIAL ROBERT C. CARLSON RV BERT C. LONG (6n) 337 -9us ROBERT L. DA VIDSOIN JADE M. S11tOM1aN WELLINGTON IL Law CORRME g THOWOK FLOYD & OLSON CURTLS A. PEwASoN T. JAY SA L.'ON October 9, 1996 Mike McCauley City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center rater MN 55430 0 Rte: Loans by City to Economic Development Authority for Heritage Center Operati Dear Mike: • You have requested my comment on the legality of transfers of funds from the City to the CY 's Economic Development Authority to cover o' I understand that the request was prompted by a letter from a ciizen who as gee Center. Y such transfers violated Brooklyn Cemer s concerned that of funds. �'� Section 7.11 and constituted misappropriation I have reviewed the explanation of these transfers provided by a memorandum from September 2 Charlie Hansen to you dared S eP 7, 1996, and have discussed the facts with Charlie. On the basis of information available to me, I am of the opinion that Ch not violated, but that certain procedural steps which should have been followed en� 1 w� loans were inadvertently omitted. This opinion addresses only legal matt r such review an Y ers Y Questions about a . I leave for your the adequacy eq acy of the business practices Involved. It must first be noted that although the City Council and the EDA's directors are the same and that many activities of the EDA (including operation of the Heritage Center ) are u cooperatively, the City and the EDA are nevertheless distinct and separate legal entities. The City provides various services to the EDA including bookkeeping and financial service The City collects, holds, invests, and disburses the funds of the EDA as one of these service EDA funds are accounted for by the s. Although this fund is maintained by the C, it actually a fund of th �ienra�e Center Fund. legal entity. Brooklyn Center Charter, Section 7.11 provides that loans E transfers isseparate between and CLL11127c ZRi9'•q E/ 30tfd 0IE6LEEZi9.0I N3AV80 V AG3NN3X:W0NA Gb:cl SG -GO -570 Mike McCauley •. October 9, 1996 Page 2 among funds of the City should be authorized by ordinance from one City fund to another, but from a City fund to EDA. I do not believe were not Section 7.11 of the Charter applies to these transfers. that In making transfers to the EDA, the City is not proceeding under the authority of th Charter, but rather under the authority of state law. Minnesota Statutes Section 467.041 C (1 authorizes the City to "...make loans or contributions for redevelopment ro p P Jas, -•• ". The statute does not specify any procedural requirements for making such loans or contributions. Therefore the transfer could be undertaken on a relatively informal basis. Nevertheless it would be Preferable to document the basis and terms for the transfer. For exampl if the tran sfer contribution it should be authorized as such by the City Council and accepted t the EDA. a the transfer is a loan, the repayment terms should be specified and agreed to b both en A. If Y tities. If the transfer were not authorized by law, the transfer could not be validated after-the-fact. However because contributions and loans are authorized, the nature and terms of the transfer ma be established by after-the-fact ratification by Y the nature and teams of the transfer be specified and ratified by resolution of both bodies. parzxes. Therefore I would recommend that • Finally, the transfer has been characterized as a "misa o ' of any facts from which one could reasonably conclude that n the of funds." I transfer wa legally, not y, a m isappropriation. Although the actions recommended above to define and approve the specific nature and terms of the transfer were not taken prior to the transfer, I would not characterize the failure to do so as a misappropriation_ The transfer was authorized by law, diverted for a private or unlawful purpose, but were used for proper y The funds were not the EDA. There was no intent on anyone's part to make an unlawwfulntransrof funds. also of understand that the transfer was shown in the City's annual financial report and deficit in the monthly profit and loss statements for the Herita¢ P the Operating apparently no attempt to conceal the transfer from the City Council the publ core' there was If you have any further questions, please give me a call. Very truly yo Charles L. LeFevere CLL:1h CLU 112 79 BFZQ,_4 E/ 3J` dd 01EGLEEZiS:OI N3AVN0 V AQ3NN3X:W08-4 OS:Et SG- 60 -100 MEMORANDUM • TO: Michael J McCauley, City Manager FROM: Charlie Hansen, Finance Director DATE: October 10, 1996 SUBJECT: Loans to the Earle Brown Heritage Center This morning you asked me for some further clarification on the status of the loans to the Earle Brown Heritage Center. The total loan balance was $305,479 on December 31, 1993, $389,205 on December 31, 1994, and $595,755 on December 31, 1995. The $206,550 increase in the loan balance during 1995 can be attributed to the 1995 operating loss of $131,128, increases in the uncollected balance of accounts receivable, and interest expense on the loan. The situation has improved in 1996. As of June 30th, the smaller loans have been paid off and the working capital loan reduced to $431,017. A number of changes are responsible. We are now doing a unified accounts receivable where both the catering charges and room rentals are billed on the same invoice. We then transfer 85 % of the catering charges to the catering checking account so that we capture most of the profit instead of waiting for D'Amico to do a profit • statement and e r turn the profit. The unified accounts receivable are being billed out twice a month, instead of once a month as done previously, and collections are being accelerated. This reduces the need for a loan. We also promised to make deposits as needed in the catering checking account to cover payrolls and expenses, instead of maintaining a large cash balance in the catering account. This allowed us to reduce that checking account balance to about half the previous level and make a corresponding reduction to the loan. The improved cash flows in the first six months of 1996 have allowed us to reduce the loan balance by $164,738. This allowed almost 80% of the money borrowed in 1995 to be repaid. • MEMORANDUM • TO: Michael J. McCauley, City Manager FROM: Charlie Hansen, Finance Director C H DATE: September 27, 1996 SUBJECT: Loans to the Earle Brown Heritage Center The issue has been raised by some citizens and by the City Council that most of the loans from the Investment Trust Fund to the Earle Brown Heritage Center Fund haven't been explicitly authorized by the City Council. This is correct and it was an error on my part that resolutions to receive the authorization weren't submitted to the City Council. However, in order to fairly evaluate this situation, I feel it is necessary to consider it in the context of the operation of the Heritage Center since it opened ,. p ned m 1990. The plan for the Heritage Center recognized that it would go through a start -up period of three to five years during which it wouldn't have sufficient revenues to cover its operating costs. An operating subsidy transfer was planned to be made from the Earle Brown Tax Increment Financing District to the Heritage Center during those years. • On April 1, 199- the Heritage Center entered into a contract with D'Amico + Partners Hospitality Consultants, Inc., approved by E.D.A. Resolution 93 -06, to be the caterers in place of the original caterer. This contract differed from the previous one in many significant ways. The City was to take on the role of the owner more completely than it had before, providing all equipment and capital. and assuming the risk of failure or benefits of success. Resolution 93 -88 was passed on June 21, 1993 to authorize a 851,000 loan to buy catering equipment and small wares as required by the contract. Resolution 93 -218 was passed on December 20, 1993 to authorize a 525,900 loan to build Earle's Restaurant. Another requirement was g g h 3b, which states "Owner agrees on page q p ` .. of the contract, paragraph ra P to provide Manager with sufficient working capital to ensure continued operations, from amounts receivable by Owner pursuant to paragraph 17(b) hereof." This required us to set up working capital of $235,408 by December 31, 1993, in addition to the two loans approved by the City Council in Resolutions 93 -88 and 93 -218. The total of these three loans was $305,479 on December 31. 1993. The working capital can be attributed to the $139,093 balance in the catering checking account and increases in the accounts receivable balance. These items were provided by the caterer in the previous contract, and an interest cost incorporated into the management fee paid to that caterer. • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Charlie Hansen, Finance Director C H DATE: September 27, 1996 SUBJECT: Loans to the Earle Brown Heritaue Center The issue has been raised by some citizens and by the City Council that most of the loans from the Investment Trust Fund to the Earle Brown Heritage Center Fund haven't been explicitly authorized by the City Council. This is correct and it was an error on my part that resolutions to receive the authorization weren't submitted to the City Council. However, in order to fairly evaluate this situation, I feel it is necessary to consider it in the context of the operation of the Heritage Center since it opened in 1990. The plan for the Heritage Center recognized that it would go through a start -up period of three to five years during which it wouldn't have sufficient revenues to cover its operating costs. An operating subsidy transfer was planned to be made from the Earle Brown Tax Increment Financing District to the Heritage Center during those vears. V On April 1, 1993, the Heritage Center entered into a contract with D'Amico + Partners Hospitality Consultants, Inc., approved by E.D.A. Resolution 93 -06, to be the caterers in place of the original caterer. This contract differed from the previous one in many significant ways. The City was to take on the role of the owner more completely than it had before, providing all equipment and capital. and assuming the risk of failure or benefits of success. Resolution 93 -88 was passed on June 21, 1993 to authorize a $51,000 loan to buy catering equipment and small wares as required by the contract. Resolution 93 -218 was passed on December 20, 1993 to authorize a 525,900 loan to build Earle's Restaurant. Another requirement was on page 2 of the contract, paragraph 3b, which states "Owner agrees to provide Manager with sufficient working capital to ensure continued operations, from amounts receivable by Owner pursuant to paragraph 17(b) hereof." This required us to set up working capital of 5235;408 by December 31, 1993, in addition to the two loans approved by the Cit Council in Resolutions 93 -88 and 93 -218. The total of these three loans was $305,479 on December 31, 1993. The working capital can be attributed to the $139,093 balance in the catering checking account and increases in the accounts receivable balance. These items were provided by the caterer in the previous contract, and an interest cost incorporated into the management fee paid to that caterer. • The Heritage Center management would have liked the working capital needs to have been covered by another transfer from the Earle Brown Farm T.I.F._ District. That would have • absolved them from any need to pay interest or repay the principal. I, as Finance Director, insisted that it be a loan and interest charged. I saw this as a way to tighten the requirement that the Heritage Center move toward being self supporting and bring an end to the operating subsidy after no more than the planned five years. On December 31, 1994, the Heritage Center received the last operating subsidy transfer of $124,842 from the Earle Brown T.I.F. District. The two loans approved by the City Council had been paid down to a balance of 826,800. However the working capital loan had increased to $362,405, for a total loan balance of $389,205. The $126,997 increase in the working capital loan can be attributed to becoming more current on accounts payable, purchases of capital assets, and interest expense on the loan. By December 31, 1995, the two loans approved by the City Council had been paid down to a balance of $9,246. However the working capital loan had increased to $586,509, for a total loan balance of $595,755. The $224,104 increase in the working capital loan can be attributed to the operating deficit of $131,128, which for the first time wasn't covered by a transfer from the T.I.F. District, increases in the uncollected balance of accounts receivable, and interest expense on the loan. The situation has improved in 1996. As of June 30th, the smaller loans have been paid off and the working capital loan reduced to $431,017. - A number of changes are responsible. We are • now doing a unified accounts receivable where both the catering charges and room rentals are billed on the same invoice. We then transfer 85% of the catering charges to the catering checking account so that we capture most of the profit instead of waiting for D'Amico to do a profit statement and return the profit. The unified accounts receivable are being billed out twice a month, instead of once a month as done previously, and collections are bein, accelerated. This reduces the need for a loan. We also promised to make deposits as needed in the catering checking account to cover payrolls and expenses, instead of maintaining a large cash balance in the catering account. This allowed us to reduce that checking account balance to about half the previous level and make a corresponding reduction to the loan. It was at the end of 1993 when the implications of the contract were fully apparent and it would have been practical to prepare a resolution that would have accurately addressed the situation. Either because of the press of budget or year end work, I failed to remember the need to return to the issue of a resolution authorizing the loan. In years since then, I thought the loan had been authorized in 1993 and that adjusting the balance didn't require returning to the City Council. The amounts of the annual losses and any significant expenses such as capital outlays were being reported to the City Council. y • Commissioner Dave Rosene introduced the following resolution and moved its adoption: • EDA RESOLUTION NO. 93 -0 6 RESOLUTION APPROVING A FOOD SERVICE MANAGEMENT AGREEMENT FOR THE EARLE BROWN HERITAGE CENTER WHEREAS, D'Amico + Partners Hospitality Consultants, Inc. ( "D'Amico ") has submitted a proposed agreement for food service management at the Earle Brown Heritage Center ( "Agreement" ); and WHEREAS, the Economic Development Authority ( "EDA ") has determined the execution of the Agreement is in the best interest of the EDA and of the public; and NOW, THEREFORE, BE IT RESOLVED by the Economic Development Authority in and for the City of Brooklyn Center that: I. The Agreement is hereby approved in substantially the form on file with the EDA on the date hereof. 2. The President is authorized and directed to execute the Agreement for and on behalf of the EDA. The Secretary is directed to notify the current caterers that the contract between EBF Management Company and Omega Foods, Incorporated, will not be renewed, and that it expires and is terminated on April 1, 1993, and to take such steps as are necessary to assure an efficient and orderly transition to management of food service by D'Amico. 1993 Date Todd Paulson, President The motion for the adoption of the g p e lore.,om resolution was duly seconded _ b Commissioner ssioner Celi= scozz and upon vote being taken thereon, the following voted in favor thereof: Todd Paulson, Celia ScozL, Dave Rosene, Bar Kall? CZe_ , and K_-is M.anri, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. • The City Manager presented a Resolution Repealing Economic Development Authorin- Resolution No. 91 -07. • RESOLUTION NO 93 -05 Commissioner Rosene introduced the following resolution and moved its adoption: RESOLUTION REPEALING ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION NO. 91 -07 The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Scott, and the motion passed unanimously. The City Manager presented a Resolution Awarding Catering Management Contract to D'Amico Partnership and Authorizing the President and Secretary to Execute a Contract. He explained why the contract takes the form it does. He continued to explain the Farm was financed with bonds which were tax exempt, and in order to maintain the tax exempt status the City must comply with the kind of management contract being presented. The regulations of the IRS provides that the last 50 percent of the compensation under the contract must be fixed, and the remaining 50 percent may be based on the percentage of gross revenue but no part can be based on net revenues. He further explained staff has negotiated a 60 -day cancellation provision which is a real incentive to the provider because of the short cancellation provision. The Director of Community Development explained there was also an insurance issue that the City holds D'Amico harmless and D'Amico holds the City harmless. RESOLUTION NO. 93 -06 Commissioner Rosene introduced the following resolution and moved its adoption: RESOLUTION APPROVING A FOOD SERVICE MANAGEMENT AGREEMENT FOR THE EARLE BROWti` HERITAGE CENTER The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Scott, and the motion passed unanimously. y The Director of Community Development informed Council staff was close to finalizing the agreemnt on the two buildings on Humboldt Avenue North. and on :Tuesday, March 9, 1993, the City will close on the remaining two properties. • ;re Member Celia Scot:. introduced the following resolution and • moved its adoption: RESOLUTION NO. 93 -88 RESOLUTION AUTHORIZING THE INVESTMENT TRUST FUND TO ISSUE A TEMPORARY IMPROVEMENT NOTE TO LOAN FUNDS TO THE EARLE BROWN HERITAGE CENTER FUND WHEREAS, in the past, the City has issued Temporary Improvement Notes to finance a project either during construction or as an alternative to outside financing; • and WHEREAS, the Earle Brown Heritage Center has entered into a new catering contract with D'Amico & Partners Hospitality Consultants, Inc., which calls for the Heritage Center to purchase its own catering equipment and small wares; and WHEREAS, the possibility of outside financing in the form of a lease- purchase has been investigated and found to carry an interest rate of nine percent. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, as follows: • 1• The Investment Trust Fund is authorized to issue a Temporary Improvement Note to the Earle Brown Heritage Center for the purchase of catering equipment and small wares. 2. The Temporary Improvement Note shall be in the amount of $51,000, be repayable over three years, and shall bear an interest rate of seven percent. June 21, 1993 Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly v seconded by member .ae Rcsene and upon vote being take. thereon., the following voted in favor thereof: Todd R_ulscn, Celia Scot, a nd ave Rosen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Dave RnsRn introduced te Following resolution and moved its adoption: RESOLUTION NO. 02 -2 - 1 2 RESOLUTION AUTHORIZING THE INVESTMENT TRUST FUND TO ISSUE A TEMPORARY IMPROVEMENT NOTE TO LOAN FUNDS TO THE EARLE BROWN HERITAGE CENTER FUND WHEREAS, in the past, the City has issued Temporary Improvement Notes to finance a project either during construction or as an alternative to outside financing; and 'WREREAS, the Inn on the Farm at the Earle Brown Heritage Center desires to enhance its operation by opening a restaurant on the premises; and WHEREAS, the anticipated cost to fund the openin- of said restaurant is approximately $25,900. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, as follows: I. The Investment Trust Fund is authorized to issue a Temporary Improvement Note to the Earle Brown Heritage Center Fund for the purpose of capital improvements in the form of a restaurant. 2. The Temporary Improvement Note shall be in the amount � "25 p or � ,. Q0 0 shall be repayable over one year, and shall bey r an interest rate of seven percent. December 20 , 1993 D e Todd Paulson, Mayor ATTEST: l� Deputy City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Member K'"i Gten Mann and upon vote being taken thereon, the following voted in favor thereof: Todd Paulson, Celia Scott, Dave Rosene, and Kristen Y.ar- ; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. • AGREEMENT FOR FOOD SERVICE '&kNAGE'VE.NT AGRE'EEMENT dated April 1, 1993, by and between the Economic Development Authority in and for the City or Brooklyn Center, a political subdivision of the State of Minnesota, with its principal office located at 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota 55430 ( "Owner ") and D'Amico + Partners Hospitality Consultants, Inc. , a Minnesota corporation, with its principal office located at 1402 First Avenue South, Minneapolis, Minnesota 55403 ("Manager"). WITNESSETH WHEREAS, Owner is the owner of a convention center and exhibit hall called the Earle Brown Heritage Center (the "Building ") in Brooklyn Center, Minnesota; and WHEREAS, Owner's Building is equipped with a full kitchen and banquet space for catered affairs and other special events, collectively the "Catering Facility"; and WHEREAS, Owner desires to secure the services of Manager in providing management services for Owner's Catering Fac—;*lities as desired by Owner; and WHEREAS, Manager is experienced in the management and operation of commercial food and beverage operations and is in the business of providing • management and consultant services to such enterprises. NOW, Tom_ ER.EFORE, the parties hereby agree as follows. 1 • ENGAGEMENT OF MANAGER Subject to the terms of this Agreement, Owner hereby engages Manager to super-, se and direct the management and operation of Owner's Catering Facility described in Exhibit A attached hereto . Manager agrees to operate the Catering Facility in a manner consistent with first - class catering facilities in the Twin Cities as determr'ned by Owner. Manager further agrees to consult with Owner to keep Owner advised of all policy matters relating to the Catering Facility. Subject to the foregoing and to the provisions of this Agreement, Manager shall have the control and discretion with regard to the operation and management of the Catering Facility for customary purposes and the right to determine all operating policies affecting the appearance of the Catering Facility, the standards of operation, the aualitv of service, and all other matters affecting customer opinion of the Catering F aci_ity. Manager agrees to obtain the approval of the Owner w;th respect to all major prog -ams and policy matters which would have a material and substantial effect upon the reputation and character of the Catering Fac Owner has engaged Manager herein as an Independent CCnL actor . 2. FISCAL YEAR AND ACCOUNT NG PE -IODS For purposes of t is AS eeWent , a Fiscal year is a period of fif ty- ty-o or consecutive calendar 'Weeks w`ch covers approximately a calendar v_ ea_ , with the first of such weeps • C-_=e ci ng immediately after the last day of -he cr F :seal Year. ;aCh Fiscal Year w--1 GZ made :— of tour-wee_i Ac _aunt'' g Periods, except in an adjustment Z. y L:C :the ttirt6e::t.. ACGGU .ring Per' :GG __ a l CG; :S.St of five we °'sS to adjust B:.?47586 the Fiscal Year to approximate the calendar year. Each Accounting Period shall be four weeks in le ngth, except in an adjustment year when as noted above, a special • one week adjustment is made . y A calendar setting forth the ending dates of each Fiscal Year during the term of this agreement, as well as the ending dates of each four week Accounting period making up such Fiscal Year is attached as Exhibit B . The ending date of each Fiscal Year is the last Sunday of the thirteenth Accounting Period of that Fiscal Year. In connection with an adjustment of a Fiscal Year to approximate a calendar year (as reflected in Exhibit B) a Fiscal Year may consist of fifty -three consecutive calendar weeks. 3. EQUIPMENT Owner will furnish, at its own expense and for the use of Manager, all furniture, fixtures and other equipment necessary for the performance of the services by Manager including, but not limited to, china, g , lassware flatware trays utensils and other smallwares and office furniture and equipment. Manager will continuously evaluate the physical appearance of the Catering Facility premises and the furniture, fixtures and equipment therein, and will recommend to Owner any changes which seem necessary or advisable to Manager. In connection therewith, Manager will recommend correction of any health or safety hazard immediately upon the discovery of such hazard. Notwithstanding the foregoing, the Manager agrees to provide to the Owner from Manager's inventory sufficient sma.11wares for the Manager to operate the Catering Facility until such time as the Owner can purchase smallwares from revenues of the Catering Facility. if for any reason, Manager's i nventory of smallwares is not sufficient for any specific event, the Manager, with the prior approval of the Owner shall rent smallwares necessary for such event and rental cost shall be included as a Cost of Business • under par ag; aph 13 hereof. Owner agrees to provide Manager with sufficient working capital to ensure continued operations, from amounts receivable by Owner pursuant to paragraph 17(b) hereof. Manager, at Owner's sole expense, wU :m i taLin and repair all such equipment and, from time to time, will replace and furnish such additional equipment as may be reasonably necessary for the furnishing of services by Manager. Any expenditures for furniture, futures and other equipment for the Catering Facility shall be individually approved by Owner. Upon ter'*'. -ation Of t %is a greement, M an ager agrees to return *o' Owner all equipment _`urn..ished to it at any time in good condition, allowing for o rdinary wear and tea:, reasonable loss and breakage of smallwares, and damage by fire or the elements. 4. OW?tiER REPRESENTATIVE Owner agrees to appoint one employee of Owner to whom 1',anager will be responsible regarding Manager's obligations under t agreement. The a- pointed Owner represe^ a.ive is named in Exhibit C attached Zereto. . NU2 - AGER R — PRESEN` ylama agrees to appoint one of its employees as its Lm media'e re—prese for t Caterirg Fa cility premi ses. Said re prese : . alive shal1 ha v e any and all necessary authority t0 enter the Catering Faci -1 tv rer'ses as o. date hereof fo .L:roose, w .thoL't liu.itatio n, Of • .he �rOpOSed Ca ri n g : aCi:ity pr an C_ c °.10:.5 i'n a effort t0 e - `eat 2 s� OOth r- ,. am =ei�. star - iii of Ca .eri ng Facility ODera.i=S Tlie a - o voin - .e "i N na"er r °� rese n�a _ve is narle i . _x n.0 it C anached la e. o. Bv91 -9 7 • September 23, 1996 Council Members City Manager City Attorney RE: "THE COUNCIL SHALL HAVE FULL POWER BY ORDINANCE OR RESOLUTION TO MAKE INTERFUND LOANS "- (EARL BROWN FARM) For the last 6 years I have been questioning the funding, and management philosophy of the farm. As you are aware I have addressed the council repeatedly on the questionable operations. While no one questions the farm is an amenity does that justify the possible misappropriation of funds? I have attempted to understand this issue attending meetings p g s g when possible, council work sessions, council meetings, financial meetings, commission meetings, and Tif meetings in other communities. Previous councils seemed concerned; nothing changed. Presently, council members Mann and Hilstrom have been receptive to my questions and concerns and have been forthright and honest in answering when possible. One of my questions I have asked is who is paying the bills if the farm continues to operate even though the city council authorized zero in tax dollar subsidy. I remind my fellow citizens the farm had a deficit of about $206,000 for 1995? I was finally told they received a loan from other funds. I am not aware of a meeting at which the city council passed a resolution or ordinance to authorize this loan. I now am in doubt that the authorization required by the city charter in Chapter 7; Section 7.11 "FUNDS TO BE KEPT" was given. If I am correct, this may be a serious violation of the charter and symptomatic of the larger picture "How long can we continue to fund the farm" which I call "the grey area in budgeting ". It is your duty to the citizens to investigate and communicate your finding, so we may understand this loan transfer and not think the worse, mis- appropriation of funds, I would expect an answer at next council meeting. Nancy Carlson 6024 Aldrich Ave No Brooklyn Center, Mn 55430 • • MEMORANDUM DATE: October 4, 1996 TO: Michael McCauley, City Manager FROM: Diane Spector, Director of Public Servic 6sv— SUBJECT: Policy for Installation of Wireless Communication Antennas on City Water Towers Brooklyn Center has been approached by several telecommunications companies inquiring as to whether we might consider leasing space on our water towers for wireless communication antennas. Northwest Cable has volunteered to coordinate for the nine cities it serves on the issues of communications towers and zoning and on the right of way issue. It is essentially providing an opportunity for the nine cities to meet to discuss the issues and to possibly prepare a coordinated response. This is in the early stages of organization. Attached are copies of a draft policy on wireless communication facilities and a model lease agreement. These have been reviewed in general by the Planning Commission and by the City Attorney. The lease agreement is based on the model lease agreement prepared by a League of Minnesota Cities working group which included city planning and engineering representatives, attorneys, and industry representatives. The whole area of telecommunications is complex, and will become even more so as the technology evolves. The City under the Telecommunications Act has a responsibility to be responsive to the industry, but obviously must balance responsiveness with thoughtful regulation. I request that we begin discussions with the City Council regarding the issue. While this is obviously not an issue that we can resolve quickly and easily, we do need to respond in one way or another to the firms which have requested to lease space on the water towers. • • Public Services Department t MEMORANDUM Govt Buildings Lri TO: Michael McCauley, City Manager Engineering i _24KI FROM: Diane Spector, Director of Public ServiceslS Streets SUBJ: Policy on Wireless Communications Towers I T 0. DATE: August 26, 1996 Parks 7 Y Public Utilities Ron Warren, Jim Glasoe and I have prepared a draft policy on wireless communications towers. This policy relates solely to the use of public facilities such as water towers as sites for wireless communications Re antennas. Since our water towers and other potential locations such as tall buildings are spaced relatively evenly around the City, we do not • anticipate requests to construct stand -alone towers until such time as technology changes, or additional spectrum is auctioned and more Central vendors enter the industry. Garage The City has been contacted by four vendors who desire to lease space to place wireless communications facilities on city water towers. These vendors have also contacted most of the surrounding suburbs, as these new technologies require a grid or framework of antennas, two to four miles apart. A few of these cities have already allowed vendors to locate on their towers, but most cities have delayed making a decision until the Leaiue of Minnesota Cities' working group prepared model policies, ordinances, and lease agreements. We have reviewed these model documents, as well as others proposed by various cities, and have prepared a draft policy and lease agreement. We do not believe an amendment to the zoning ordinance is necessary. Ron Warren has had preliminary discussions with the Planning Commission on this issue; their preliminary response is that the matter can be handled administratively with the guidance of a City Council policy. Essentially, the policy states that City owned water towers may be used for siting wireless communication antennas as long as the following requirements are met: 1. The antennas will not interfere with the use of the tower, or with existing or future • radio or other wireless communications utilized by any public safety or governmental agency. The lessee is obligated to demonstrate to the city's satisfaction that there will be no interference, nor that the installation will in no way harm the physical structure of the tower or its coatings. 2. The antennae and ancillary equipment will have no adverse impact on surrounding private property. Since the ancillary equipment is usually housed in a separate building, the lessee must adhere to specific site and building standards. 3. The lessee obtains adequate liability insurance and commits to a lease agreement which ensures equitable compensation for the use of public land and facilities and other necessary provisions and safeguards. The draft lease agreement specifies that the initial period of the lease is five years, renewable in five year increments. Annual rent shall be increased by the greater of five percent each year or the increase in the CPI. The lessee is obligated to maintain any facilities sited on the City's property, and to reimburse the City for any expenses incurred because of that private use. The lessee is also required to repair or remove any vandalism damage within three days, or the City would commence the work and charge the lessee for costs incurred. Finally, the lease specifies that the City will give the lessee 60 days notice of any maintenance to the tower which might result in temporary disruptions to service. The lessee is obligated to provide for the P rotection of its facilities during that time. We propose a monthly lease rate of $1,000. As an alternate, a lessee may lease space for $750 per month, plus provide air time or lease service for up to 50 mobile or cellular units. The latter lease may be negotiated on a "best offer" basis. We also propose a nonrefundable application fee of $2,000 per site to cover the City's legal and engineering,costs to prepare and negotiate lease agreements. We anticipate at least four leased g p s sites (two on France and one each on the w olf course and Dupont), with possible total annual revenues of $45,000 - 50,000. If a lessee chooses the option of providing air time, revenues would be somewhat less, but there could be a budgetary savings, as the city currently uses 34 cellular phones. With your approval, Ron Warren is prepared to review the policy at the planning commission meeting on Thursday, August 29. Charlie LeFevere is familiar with the lease agreement; a colleague of his at Kennedy & Graven drafted the agreement, based in large part on some agreements that Charlie had negotiated. After your review of the documents, I will send copies to Charlie for his review. I would appreciate your review of these documents and further direction. I suggest a brief • review by the Planning Commission at its August 29 meeting, and review by the Council at its September 12 meeting. DRAFT • City f Brooklyn Center ter Policy Statement Regarding Wireless Telecommunication Facilities This Policy is established as a guide to city staff in the preparation and administtration of site lease agreements which would permit the location of antenna arrays and ancillary equipment, ( "telecommunications facilities ".) Section I: Policy Objectives City actions taken with regard to telecommunication activities must comply with a number of federal parameters established by the Telecommunications Act of 1996. For example, local actions must foster rather than discourage competition, thus the city will not discriminate against one or a group of providers in favor of another or another group of providers or potential providers. Under the same act, local actions which result in a prohibition on provision of telecommunication services are invalid. Thus staff is directed to facilitate establishment and provision of lawful wireless telecommunications services with the following local objectives in mind. minimize the overall number of sites through co- location requirements; • " insure that ac f ilrties will be safe and blend into their environment when possible; and X that they be placed in suitable locations with residential locations being a last resort. Section II: Policy regarding use of city -owned property for wireless telecommunication facilities. 1. Introduction The City of Brooklyn Center has received requests from wireless telecommunication providers to place wireless telecommunication antennas on city owned property. The Brooklyn Center City Council has determined that a uniform policy for reviewing these requests is desirable. 2. Priority of Users Priority for the use of City owned land for wireless telecommunication facilities will be given to the following entities in descending order: A. City of Brooklyn Center B. Public safety agencies, including law enforcement, fire, and ambulance services, • which are not part of the City of Brooklyn Center and private entities with a public safety agreement with the City of Brooklyn Center DRAFT • C. Other governmental agencies, for uses which are not related to public safety; and D. Entities providing licensed commercial wireless telecommunication services including cellular, personal communication services (PCS), specialized mobilized radio (SIMR), enhanced specialized mobilized radio (ESNIR), paging, and similar services that are marketed to the general public. J. Minimum Requirements The placement of wireless telecommunication facilities on City owned property must comply with the following requirements: A. The facilities will not interfere with the purpose for which the City owned property is intended; B. The facilities will have no adverse impact on surrounding private property; C. The applicant is willing to obtain adequate liability insurance and commit to a lease agreement which includes equitable compensation for the use of public land and other necessary provisions and safeguards. The fees shall be established by the City Council after considering comparable rates in other cities, potential expenses, risks to the City, and other appropriate factors; D. The applicant will submit a letter of credit, performance bond, or other security acceptable to the City to cover the costs of the facility's removal; • E. The facilities will not interfere with other users who have a higher priority as discussed in Section 2; F. Upon reasonable notice, the facilities may be required to be removed at the user's expense; G. The applicant must reimburse the City for any costs which it incurs because of the presence of the applicant's facilities; H. The user must obtain all necessary land use approvals; and I. The applicant will cooperate with the City's objective to promote co- locations and thus limit the number of separate antenna sites requested. 4. Special Requirements The use of certain City owned property, such as water tower sites, for wireless telecommunication antennas or towers brings with it special concerns due to the unique nature of these sites. The City's water towers represent a considerable public investment and play a vital role in the operation of the city's water distribution system. For these reasons, the placement of wireless telecommunication facilities on water tower sites will be allowed only when the City is fully satisfied that the following requirements are met: A. The applicant's use of the facility will not pose a risk to the City's water supply; B. There is sufficient room on the structure and/or on the grounds to accommodate the • applicant's facility; C. The presence of the facility will not increase the maintenance costs to the Citv; and DRAFT D. The presence of the facility will not be harmful to the health of workers maintaining • the water towers. 5. application Process All applicants who wish to locate a wireless telecommunication antenna or tower on City owned property must submit to the City Manager a completed application and detailed plan that complies with this policy along with other pertinent information requested by the City. 6. Termination The City Council may terminate any lease if it determines that any one of the following conditions exist: A. A potential user with a higher priority cannot find another adequate location and the potential use would be incompatible with the existing use; B. A user's frequency broadcast unreasonably interferes with other users of higher priority, regardless of whether or not this interference was adequately predicted in the technical analysis; or C. A user violates any of the standards in this policy or the conditions attached to the • City's permission. Before taking action, the City will provide notice to the user of the intended termination and the reasons for it, and provide an opportunity for the user to address the City Council regarding the proposed action. This procedure need not be followed in emergency situations. 7. Reservation of Right Notwithstanding the above, the City Council reserves the right to deny, for any reason, the use of any or all City owned property by any one or all applicants. S. Effective Date r it adoption b • the City Council. 's policy shall be effective from and after its y tY � P P Adopted by Resolution No. 96- at the meeting of the Brooklyn Center City Council. • ................. City of Brooklyn Center Site lease Agreement �) _= For Personal Communications =_= Systems, Cellular or Page _� Antenna Locations • TABLE OF CONTENTS 1. Leased Premises 2. Rent (a) Amount. Adjustments (b) Time of Payment. Taxes 3. Governmental Approval Contingency (a) Tenant Application (b) Interference Study_ (c) Non- approval 4. Term and Renewals 5. Tenant's Use (a) User Priority (b) Purposes (c) Construction (d) eration (e) tilaintenance. Improvement Expenses (f) Replacements (a) Drawings (h) Interference (I) Access • U) Pavment of Utilities 6. Emery encv Facilities . 7. Additional maintenance Expenses S. Advances in Technolow 9. Additional Buildings 10. Defense and Indemnification (a) General (b) Hazardous Materials (c) Tenant's Warranty 11. Insurance , (a) Workers' Compensation (b) General Liability . (c) Automobile Liability (d) Tenant Property Insurance (e) Hazardous Materials Coverage (f) Adjustment to Insurance Coverage Limits (Q) Additional Insured- Certificate of Insurance 12. Damage or Destruction 13. Lease Termination (a) Events of Termination (b) Notice of Termination • (c) Tenant's Liability for Early Termination (d) Site Restoration 14. Limitation of Landlord's Liability 15. Temporary Interruptions of Service 16. Tenant Interference (a) With Structure (b) With Higher Priority Users (c) Interference Study - New Occupants (d) Interference - New Occupants 17. Assignment 18. Condemnation 19. Disputes 20. Enforcement and Attornevs' Fees 21. Notices 22. Authoritv 23. Binding Effect 24. Complete Lease; Amendments 25. Governing Law 26. Severabilitv • • • SITE LEASE AGREENIENT THIS SITE LEASE AGREENIENT ( "Lease "), made this _ day of 1996 between City of Brooklyn Center ( "Landlord "), and a organized and existing under the laws of ( "Tenant "). For good and valuable consideration, the parties agree as follows: 1. Leased Premises. Subject to the terms and conditions of this Lease, Landlord hereby leases to Tenant and Tenant leases f rom Landlord a portion of Landlord's property, located at , County of Hennepin, State of Minnesota, legally described in Exhibit A attached hereto, subject to any and all existing easements, and a portion of the Water Tower or other structures ( "Structure ") , as more particularly shown in Exhibit B attached hereto, on which directional antennas, connecting cables and appurtenances will be attached and located, the exact location of each to be reasonably approved by Landlord's Director of , together with appurtenant easements and access rights ( "Leased Premises "). 2 Rent. (a) Amount. Adjustments. As consideration for this Lease, Tenant shall pay Landlord an annual rent in the amount of for the initial year, which shall be increased each year on January 1, by the greater of: (a) five percent (5 %) of the previous year's annualized rental, or by an amount equal to the increase in the Consumer Price Index ( "CPI "). The CPI shall mean the "Consumer Price Index" for All Urban Consumers, All Cities, All Items (1967 = 100) as published by the United States Department of Labor Statistics, or if such index shall be discontinued, the successor index, or if there shall be no successor index, such comparable index as mutually agreed upon by the parties. To determine the annual rental increase to be paid by Tenant under a CPI adjuster, the annualized rental for the previous year shall be multiplied by a percentage figure, computed from a fraction, the numerator of which shall be the CPI for the third quarter of the preceding year and the denominator of which shall be the CPI for the corresponding quarter of one year earlier. Such fraction shall be converted to a percentage equivalent. The resulting percentage fixture shall be multiplied by the previous year's rent (annualized for the first year, see Paragraph 4 below) . (b) Time of Payment. Taxes. Landlord shall communicate all rental increases to the Tenant in writing by the preceding December 1 of each year. The annual rental shall be paid before January 1 of each year. For the first year, the rental shall be pro rated through December 31 and shall be paid to Landlord in full at the time Lease is executed. If the Tenant does not meet the requirements referenced in Subparagraph 3(a) below by and Tenant has diligently pursued such requirements, Landlord shall refund the Tenant rental payment made at the time of Lease execution and this Lease shall terminate. In addition to the annual rental, • Tenant agrees to timely pay its pro rata share of any taxes or payment in lieu of taxes required as a result of this Lease. • 3. Governmental Approval Contingency. (a) Tenant Application. Tenant's right to use the Leased Premises is expressly made contingent upon its obtaining all the certificates, permits, zoning and other approvals that may be required by any federal, state, or local authority. This shall include the engineering study specified in Subparagraph 3(b) below on the Structure to be conducted at Tenant's expense. Landlord shall cooperate with Tenant in its efforts to obtain and retain such approvals and shall take no action which would adversely affect the status of the Leased Premises with respect to the Tenant's proposed use thereof. (b) Interference Study. Before obtaining a building permit, Tenant must pay for the reasonable cost of (I) a radio frequency interference study carried out by an independent and qualified professional selected by the Landlord showing that Tenant's intended use will not interfere with any existing communications facilities and (ii) an engineering study's showing that the Structure is able to support the Tenant's Facilities, as defined in Subparagraph 5 (b) without prejudice to the City's use of the Structure. If the study finds that there is a potential for interference that cannot be reasonably remedied or for prejudice to the Structure, Landlord may terminate this Lease immediately and refund the initial rental to Tenant. (c) Non - approval. In the event that any application necessary under Subparagraph 3(a) above is finally rejected or any certificate, permit, license, or approval issued to Tenant is canceled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority so that Tenant, in its sole discretion, will be unable to use the Leased Premises for its intended purposes, Tenant shall have the right to terminate this Lease and be reimbursed for the rental payment if made pursuant to Subparagraph 2(b) above. Notice of Tenant's exercise of its right to terminate shall be given to Landlord in writing by certified mail, return receipt requested, and shall be effective upon receipt of such notice by Landlord as evidenced by the return receipt. Except as required under Subparagraph 13(d) below, upon such termination, this Lease shall become null and void and the parties shall have no further obligations to each other. 4. Term and Renewals. The "Initial Term" of this lease shall commence on the date in the first paragraph of this Lease ( "Effective Date ",) and end on December 31 of the fifth calendar year of the Lease. Subject to the terms and conditions of this Lease, Tenant shall have the right to extend this Lease for three (3) additional five (5) year renewal periods ( "Renewal Term ") commencing on January 1 following the expiration date of the Initial Term or of any subsequent Renewal Term. (OPTION 1): This Lease shall be automatically renewed for each successive Renewal Term unless either Landlord or Tenant sends written notice of non- renewal to the other no later than ninety (90) days prior to the expiration of the Initial Term or any Renewal Term, such notice provided in accordance with Paragraph 21 of this Lease.) • (OPTION 2): This Lease shall expire at the end of the Initial Term or any Renewal Term unless Tenant sends Written notice to landlord of Tenant's election to renew at least ninety (90) days prior to the expiration of the Initial Term or any Renewal Term, such notice • provided in accordance with Paragraph 21 of this Lease. (Option I and Option 2 represent alternative renewal rights of Landlord and Tenant. Option t is an automatic renewal, but also gives Landlord the right of non- renewal at the end of each five year term. Option 2 requires an affirmative notice to renew by Tenant, but does not give the Landlord the right of nonrenewal (unless it is for cause or otherwise provided in section 14). 5. Tenant's Use. (a) User Priority. Tenant agrees that the following priorities of use, in descending order, shall apply in the event of communication interference or other conflict while this Lease is in effect, and Tenant's use shall be subordinate accordingly: 1. Landlord; 2. Public safety agencies, including law enforcement, fire, and ambulance services, that are not part of the Landlord; 3. Other governmental agencies where use is not related to public safety; and 4. Government- regulated entities whose antennae offer a service to the general public for a fee, in a manner similar to a public utility, such as long distance and cellular telephone, not including radio or television broadcasters. (b) Purposes. Tenant shall use the Leased Premises only for the purpose of installing, • maintaining, and operating a Landlord approved communications antenna facility, equipment, cabinets and an accessory building, and uses incidental thereto for providing radio and wireless telecommunication services which Tenant is legally authorized to provide to the public. This use shall be non - exclusive, and Landlord specifically reserves the right to allow the Leased Premises to be used by other parties and to make additions, deletions, or modifications to its own facilities on the Leased Premises. Tenant's communications antenna facility shall consist of antennas at a Landlord- approved location, along with cables and appurtenances connected to an accessory building or cabinet located on the Leased Premises ( "Antenna Facilities ") . Tenant shall comply with all applicable ordinances, statutes and regulations of local, state and federal government agencies. (c) Construction. Tenant may erect and operate an antenna array in accordance with its submitted application attached as Exhibit B. If Tenant seeks to increase the number of antennas, it must first pay for an evaluation carried out by a qualified professional, retained by Landlord demonstrating that (I) each additional antenna will not interfere with existing antennas or with proposed antennas with a higher priority and that (ii) any Structure can structurally support the additional antennas. The cost of each evaluation must be paid by the Tenant within 30 days after receiving written notice of the cost. Landlord must consent to installation of additional antennas, such consent will not be unreasonably withheld. If Landlord consents, the parties will netzotiate the amount of additional rental for the antennas. (d) Operation. Tenant shall have the right, at its sole cost and expense, to operate and maintain the Antenna Facilities on the Leased Premises in accordance with good engineering practices, with all applicable FCC rules and regulations. Tenant's installation of all Antenna • Facilities shall be done accordin to plans approved by Landlord, which approval shall not be unreasonably withheld. Any damage done to the Leased Premises or other Landlord property including the Structure during installation or during operations, shall be repaired at Tenant's expense within 30 days after notification of damage. The Antenna Facilities shall remain the exclusive property of the Tenant, unless otherwise provided in this Lease. (e) Maintenance Improvement Expenses All modifications to the Leased Premises and all improvements made for Tenant's benefit shall be at the Tenant's expense and such improvements, including antenna, facilities and equipment, shall be maintained in a good state of repair, at least equal to the standard of maintenance of the Landlord's facilities on or adjacent to the Leased Premises, and secured by Tenant. If Tenant's antenna Facilities are mounted on the Structure they shall, at all times, be painted, at Tenant's expense, the same color as the Structure. The Tenant agrees to clean and/or repair any damage due to vandalism within three (3) days notification of such damage. Furthermore, the Tenant agrees to pay all costs associated with said repair. If repair is not commenced within three (3) days notification, the Landlord may repair the damage and charge the Tenant for all costs associated with the repair including employee wages. (f) Replacements. Before the Tenant may update or replace the Antenna Facilities, Y P P s, enant T • must notify and provide a detailed proposal to Landlord. Tenant shall submit to Landlord a detailed proposal for any such replacement facilities and any other information reasonably requested by Landlord of such requested update or replacement, including but not limited to a technical study, carried out at Tenant's expense. Landlord may not unreasonably withhold approval. (g) Drawings. Tenant shall provide Landlord with as -built drawings of the equipment and improvements installed on the Leased Premises, which show the actual location of all Antenna Facilities. Said drawings shall be accompanied by a complete and detailed inventory of all equipment, personal property, and Antenna Facilities actually placed on the Leased Premises. (h) No Interference Tenant shall, at its own expense, maintain any equipment on or attached to the Leased Premises in a safe condition, in good repair and in a manner suitable to Landlord so as not to conflict with the use of the surrounding premises by Landlord. Tenant shall not unreasonably interfere with the operations of any prior tenant using the Structure and shall not interfere with the working use of the water storage facilities thereon or to be placed thereon by Landlord. (1) Access. Tenant, at all times during this Lease, shall have access to the Leased Premises in order to install, operate, and maintain its Antenna Facilities. Tenant shall have access to • the Structure only with the approval of Landlord. Tenant shall request access to the Structure twenty -four (24) hours in advance, except in an emergency, and Landlord's approval thereof shall not be unreasonably withheld or delayed. In the event it is necessary for Tenant to have access to the Structure at some time other than the normal working hours of Landlord, Landlord may charge Ten w g ' y � ant for hatever expense, includm, employees wa that Landlord may incur in P roviding such access to Tenant. (j) Payment of Utilities. Tenant shall separately meter charges for the consumption of electricity and other utilities associated with its use of the Leased Premises and shall I promptly pay all costs associated therewith. 6. Emergency Facilities. In the event of a natural or man made disaster, in order to protect the health, welfare, and safety of the community, Tenant may erect additional Antenna Facilities and install additional equipment on a temporary basis on the Leased Premises to assure continuation of service. Such temporary operation shall not exceed 90 days unless Tenant obtains written approval from the Landlord. 7. Additional Maintenance Expenses. Upon notice from Landlord, Tenant shall promptly pay to Landlord all additional Landlord expenses incurred in maintaining the Leased Premises, including painting or other maintenance of the Structure, that are caused by Tenant's occupancy of the Leased Premises. Tenant acknowledges the need for periodic maintenance of the of the structure, including repair of the structure and its coatings. Landlord agrees to provide sixty (60) days notice of commencement ® of maintenance activities. Tenant further agrees that the Landlord is not responsible for transmission lines during routine maintenance. Tenant may, at their own expense, test said lines before and after maintenance. 8. Advances in Technology. As technology advances and improved antennas are developed which are routinely used in Tenant's business, Landlord may require, in its sole discretion, the replacement of existing antennas with the improved antennas if the new antennas are more aesthetically pleasing or otherwise foster a public purpose, as long as the installation and use of the improved antennas are practical and technically feasible at this location. 9. Additional Buildings. Tenant ac wledge rd may permit addition a t o In kno s that Landlo 1 buildm s YP be constructed on the property described in Exhibit A. At such time as this may occur, Tenant will permit said buildings to be placed immediately adjacent to Tenant's building and will allow "attachments" to its building so as to give the appearance that all buildings are a connected facility. Said attachments will be made at no cost to Tenant and will not compromise the structural integrity of Tenant's building. Said buildings shall be consistent in appearance and character with the surrounding area, and shall be in accordance with all standards developed by the Landlord's Building Official. • • 10. Defense and Indemnification. (a) General. Tenant agrees to defend, indemnify and hold harmless Landlord and its elected officials, officers, employees, agents, and representatives, from and against any and all claims, costs, losses, expenses, demands, actions, or causes of action, including reasonable O attorneys' fees and other costs and expenses of litigation, which may be asserted against or incurred by Landlord or for which Landlord may be liable in the performance of this Lease, except those which arise solely from the negligence, willful misconduct, or other fault of Landlord. Tenant shall defend all claims arising out of the installation, operation, use, maintenance, repair, removal, or presence of Tenant's Antenna Facilities, equipment and related facilities on the Leased Premises. (b) Hazardous Materials - Without limiting the scope of Subparagraph 10 (a) above, Tenant will be solely responsible for and will defend, indemnify, and hold Landlord, its agents, and employees harmless from and against any and all claims, costs, and liabilities, including attorney's fees and costs, arising out of or in connection with the cleanup or restoration of the Leased Premises associated with the Tenant's use of Hazardous Materials. For purposes of this Lease, "Hazardous Materials" shall be interpreted broadly and specifically includes, without limitation, asbestos, fuel, batteries or any hazardous substance, waste, or materials as defined in any federal, state, or local environmental or safety law or regulations including, but not limited to, CERCLA. (c) Tenants Warranty. Tenant represents and warrants that its use of the Leased Premises will not generate and Tenant will not store or dispose of on the Leased Premises, nor transport to or over the Leased Premises, any Hazardous materials, unless Tenant specifically informs Landlord thereof in writing twenty -four hours prior to such storage, disposal or transport, or otherwise as soon as Tenant becomes aware of the existence of Hazardous Materials on the Leased Premises. The obligations of this Paragraph 10 shall survive the expiration or other termination of this Lease. 11. Insurance (a) Workers. Compensation. The Tenant must maintain Workers' Compensation insurance in compliance with all applicable statutes. The policy shall also provide Employer's Liability coverage with limits of not less than $500,000 Bodily Injury each accident, $500,000 Bodily Injury by disease, policy limit, and $500,000 Bodily Injury by disease, each employee. (b) General Liability The Tenant must maintain an occurrence form comprehensive general liability coverage. Such coverage shall include, but not be limited to, bodily injury, property damage -- broad form, and personal injury, for the hazards of Premises /Operation, broad form contractual, independent contractors, and products /completed operations. • The Tenant must maintain aforementioned comprehensive general liability coverage with limits of liability not less than $1,000,000 each occurrence; $1,000,000 personal and advertising injury; $2,000,000 general aggregate, and $2,000,000 products and completed • operations aggregate. These limits may be satisfied by the comprehensive general liability coverage or in combination with an umbrella or excess liability policy, provided coverage afforded by ,the umbrella or excess policy are no less than the underlying comprehensive general liability coverages. Tenant will maintain Completed Operations coverage for a minimum of two years after the construction is completed. (c) Automobile Liability. The Tenant must carry Automobile Liability coverage. Coverage shall afford total liability limits for Bodily Injury Liability and Property Damage Liability in the amount of $1,000,000 per accident. The liability limits may be afforded under the Commercial Policy, or in combination with an Umbrella or Excess Liability Policy provided coverage of ridges afforded by the Umbrella Excess Policy are no less than the underlying Commercial Auto Liability coverage. Coverage shall be provided for Bodily Injury and Property Damage for the ownership, use, maintenance or operation of all owned, non -owned and hired automobiles. The Commercial Automobile Policy shall include at least statutory personal injury protection, uninsured motorists and underinsured motorists coverages. • (d) Tenant Property Insurance. The Tenant must keep in force for the duration of the Lease a policy covering damages to its property at the Leased Premises. The amount of coverage shall be sufficient to replace the damaged property, loss of use and comply with any ordinance or law requirements. (e) Hazardous Materials Coverage. Tenant must carry sufficient coverage, to the reasonable satisfaction of Landlord, for damage caused by Hazardous Materials. (f) Adjustment to Insurance Coverage Limits The coverage limits set forth herein shall be increased at the time of any Renewal Term by the greater of the Consumer Price Index as calculated under Paragraph 2(a) or 25 %. (g) Additional Insured - Certificate of Insurance The Tenant shall provide, prior to tenancy, evidence of the required insurance in the form of a Certificate of Insurance issued by a company (rated A+ or better), licensed to do business in the state of Minnesota, which includes all coverages required in this Paragraph 11. Tenant will name the Landlord as an Additional Insured on the General Liability and Commercial Automobile Liability Policies. The Certificate(s) shall also provide the coverage may not be canceled, non - renewed, or materially changed without thirty (30) days prior written notice to the Landlord. • 12. Damage or Destruction. If the Leased Premises is destroyed or damaged, without contributory fault of the Tenant or its agents, so as. in Tenant's judgment, to hinder its effective use of the Antenna Facilities, Tenant may elect to terminate this Lease upon 30 days, written notice to • Landlord. In the event Tenant elects to terminate the Lease, Tenant shall be entitled to reimbursement of prepaid rent covering the period subsequent to the date of dama to or destruction of the Leased Premises. 13. Lease Termination. (a) Events of Termination. Except as otherwise provided herein, this Lease may be terminated b either arty upon six 60 days written notice to the other Y P P sixty( 60) Y �' P as follows: (i) by either party upon a default of any covenant or term hereof by the other party, which default is not cured within sixty (60) days of receipt of written notice of default to the other party (without, however, limiting any other rights of the parties pursuant to any other provisions hereof); (ii) by Tenant for cause if it is unable to obtain or maintain any license, permit or other governmental approval necessary for the construction and/or operation of the Antenna Facilities or Tenant's business; (iii) by Tenant for cause if the Leased Premises is or becomes unacceptable for technological reasons under the Tenant's Antenna Facilities, design or engineering specifications or the systems to which the Antenna Facilities belong; • iv b Landlord if its Council decides for an reason to redeve ( ) Y Y P the Leased Premises and/or discontinue use of the Structure for all purposes; (v) by Landlord if it determines that the Stricture is structurally unsound, including, but not limited to, consideration of age of the Structure, damage or destruction of all or part of the Stricture on the Leased Premises from any source, or factors relating to condition of the Leased Premises; (vi) or by Landlord if it determines that a potential user with a higher priority under Subparagraph 4(a) above cannot find another adequate location, or the Antenna Facilities unreasonably interfere with another user with a higher priority, regardless of whether or not such an interference was predicted in the initial interference study that was part of the applicatioq process; or (vii) by Landlord if it determines that Tenant has failed to comply with applicable ordinances, or state or federal law, or any conditions attached to government approvals granted thereunder, - after a P ublic hearing before the Landlord's Council. (b) Notice of Termination. The parties shall give notice of termination in writing by certified mail, return receipt requested. Such notice shall be effective upon receipt as evidenced by • the return receipt. All rentals paid for the Lease prior to said termination date shall be retained by Landlord. • (c) Tenant's Liability for Early Termination If Tenant terminates this Lease other than of right as provided in this Lease, Tenant shall pay to Landlord as liquidated damages for early termination, 150% of the annual rent for the year in which Tenant terminates, unless Tenant terminates during the last year of any Term under Paragraph 3 and Tenant has paid the annual rental for that year. (d) Site Restoration In the event that this Lease is terminated or not renewed, Tenant shall have 60 days from the termination or expiration date to remove its Antenna Facilities, and related equipment from the Leased Premises, repair the site and restore the surface of the Structure. Upon the commencement of this Lease, Tenant shall deposit with Landlord the sum of $5,000.00, which shall be fully refunded to Tenant upon the timely removal of the Antennas Facilities, and related equipment, the repair of the site and the restoration of the Structure surface to the reasonable satisfaction of the Landlord. In the event that Tenant's Antenna Facilities, and related equipment are not removed to the reasonable satisfaction of the Landlord, they shall be deemed abandoned and become the property of the Landlord and Tenant shall have no further rights thereto. Tenant has notified the Landlord that the following entities have an interest in the Antenna Facilities and related equipment because of financing arrangements If Landlord removes the Antenna Facilities or related equipment, Landlord must give written notice to the above entities at the addresses provided, informing them that Antenna Facilities or related property have been removed and will be deemed abandoned if not claimed and the storage fees and other reasonable costs paid within thirty ( )0) days. 14. Limitation of Landlord's Liabilitv. If Landlord terminates this Lease other than as of right as provided in this Lease, or Landlord causes interruption of the business of Tenant or for any other Landlord breach of this Lease, Landlord's liability for damages to Tenant shall be limited to the actual and direct costs, of equipment removal, relocation or repair and shall specifically exclude any recovery for value of the business of Tenant as a going concern, future expectation of profits, loss of business or profit or related damages to Tenant. 15. Temporary Interruptions of Service If Landlord determines that continued operation of the Antenna Facilities would cause or contribute to an immediate threat to public health and/or safety (except for any issues associated with human exposure to radio frequency omissions, which is regulated by the federal government), Landlord may order Tenant to discontinue its operation. Tenant shall immediately comply with such an order. Service shall be discontinued only for the period that the immediate threat exists. If Landlord does not give prior notice to Tenant, Landlord shall notify Tenant as soon as possible after its action and give its reason for taking the action. Landlord shall not be liable to Tenant or any other party for any interruption in Tenant's service or interference with Tenant's operation of its Antenna Facilities, except as may be caused by the willful misconduct of the Landlord, its emplovees or agents. If the discontinuance extends for a period greater than three days, either consecutively or cumulatively, Tenant shall have the right to terminate • this Lease within its sole discretion. 16. Tenant Interference (a) With Structure. Tenant shall not interfere with Landlord's use of the Structure and agrees to cease all such actions which unreasonably and materially interfere with Landlord's use thereof no later than three business days after receipt of written notice of the interference from Landlord. In the event that Tenant's cessation of action is material to Tenant's use of the Leased Premises and such cessation frustrates Tenant's use of the Leased Premises, within Tenant's sole discretion, Tenant shall have the immediate right to terminate this Lease. (b) With Higher Priority Users. If Tenant's Antenna Facilities cause impermissible interference with higher priority users as set forth under Subparagraph 5(a) above or with preexisting tenants, Tenant shall take all measures necessary to correct and eliminate the interference. If the interference cannot be eliminated within 43 hours after receiving Landlord's written notice of the interference, Tenant shall immediately cease operating its Antenna Facilities and shall not reactivate operation, except intermittent operation for the purpose of testing, until the interference has been eliminated. If the interference cannot be eliminated within 30 days after Tenant received Landlord's written notice, Landlord may at its option terminate this Lease immediately. (c) Interference Studv - New Occupants Upon written notice by Landlord that it has a bona fide request from any other party to lease an area including or in close proximity to the • Leased Premises ( -Leased Premises Area,) , Tenant agrees to provide Landlord, within sixty (60) days, the radio frequencies currently in operation or to be operated in the future of each transmitter and receiver installed and operational on the Leased Premises at the time of such request. Landlord may then have an independent, registered professional engineer of Landlord's choosing perform the necessary interference studies to determine if the new applicant's frequencies will cause harmful radio interference to Tenant. Landlord shall require the new applicant to pay for such interference studies, unless the Landlord or other higher priority user requests the use. In that event, the Tenant and all other tenants occupying the Leased Premises Area shall pay for the necessary interference studies, pro rata. (d) Interference - New Occupants Landlord agrees that it will not grant a future lease in the Leased Premises Area to any party who is of equal or lower priority to Tenant, if such parry's use is reasonably anticipated to interfere with Tenant' s operation of its Antenna Facilities. Landlord agrees further that any future lease of the Leased Premises Area will prohibit a user of equal or lower priority from interfering with Tenant's Antenna Facilities. Landlord agrees that it will require any subsequent occupants of the Leased Premises Area of equal or lower priority to Tenant to provide Tenant these same assurances against interference. Landlord shall have the obligation to eliminate any interference with the operations of Tenant caused by such subsequent occupants. If such interference is not eliminated, Tenant shall have the right to terminate this Lease or seek injunctive relief against the interfering occupant, at • Tenant's expense. v 17. Assignment. This Lease, or rights thereunder, may not be sold, assigned, or transferred at any • time by Tenant except to Tenant's affiliates or subsidiaries. As to other parties, this Lease may not be sold, assigned, or transferred without the written consent of the Landlord, such consent not to be unreasonably withheld. For purposes of this paragraph, an "affiliate" or "subsidiary" means an entity in which Tenant owns greater than a 50% interest. Landlord hereby consents to the assignment by Tenant of its rights under this Lease as collateral to any entity which provides financing for the purchase of the equipment to be installed at the Leased Premises. 18. Condemnation. In the event the whole of the Leased Premises is taken by eminent domain, this Lease shall terminate as of the date title to the Leased Premises vests in the condemning authority. In event a portion of the Leased Premises is taken by eminent domain, either party shall have the right to terminate this Lease as of said date of title transfer, by giving thirty (30) days' written notice to the other party. In the event of any taking under the power of eminent domain, Tenant shall not be entitled to any portion of the reward paid for the taking and the Landlord shall receive full amount of such award. Tenant hereby expressly waives any right or claim to any portion thereof. Although all damages, whether awarded as compensation for diminution in value of the leasehold or to the fee of the Leased Premises, shall belong to Landlord, Tenant shall have the right to claim and recover from the condemning authority, but not from Landlord, such compensation as maybe separately awarded or recoverable by Tenant on account of any and all damage to Tenant's business and any costs or • expenses incurred by Tenant in moving/removing its equipment, personal property, Antenna Facilities, and leasehold improvements. 19. Dislutes Any claim, controversy or dispute arising out of this Lease not resolved within ten (10) days following notice of the dispute, shall be submitted first and promptly to mediation. Each party shall bear its own costs of mediation. If mediation does not result in settlement within forty-five (45) days after the matter was submitted to mediation, either party may file a claim in arbitration in accordance with the applicable rules of the American Arbitration Association. The award rendered by the arbitrator may be entered as a judgment in any court having jurisdiction thereof. The arbitration shall be conducted in the county where the Leased Premises is located. Arbitration shall be the exclusive remedy of the parties. 20. Enforcement and Attornev's Fees In the event that either party to this Lease shall bring a claim in arbitration to enforce any rights hereunder, the prevailing parry shall be entitled to recover costs and reasonable attorneys' fees incurred as a result of such claim. 21. Notices. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested, addressed as follows (or any other address that the parry to be notified may have designated to the sender by like notice): . If to Landlord, to: • If to Tenant, to: with a copy to: • 22. Authoritv. Each of the individuals executing this Lease on behalf of the Tenant or the Landlord represents to the other party that such individual is authorized to do so by requisite action of the party to this Lease. 23. Binding Effect This Lease shall run with the Leased Premises. This Lease shall extend to and bind the heirs, personal representatives, successors and assigns of the parties hereto. 24. Complete Lease: Amendments. This Lease constitutes the entire agreement and understanding of the parties and supersedes all offers, negotiations, and other agreement of any kind. There are no representations or understandings of any kind not set forth herein. Any modification of or amendment to this Lease must be in writing and executed by both parties. 25. Governing Law. This Lease shall be construed in accordance with the laws of the State of Minnesota. 26. Severability. If any term of this Lease is found be void or invalid, such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect. N WITNESS WHEREOF, the parties hereto have set their hands and affixed then respective seals the day and year first above written. • LANDLORD: City of Brooklyn Center By Its Mayor By Its City Manager TENA�NtT: a corporation By Its STATE of ININNESOTA COUNTY OF HENNI EPIN • The foregoing instrument was acknowledged before me this _day of 1996, by _the vlayor and city Manager respectively of the City of Brooklyn Center, on behalf of the corporation. • Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this _day of 1996 by the of on behalf of the corporation. Notary Public