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HomeMy WebLinkAbout1996 11-12 CCP Regular Session Public Copy • CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER November 12, 1996 7 p.m. 1. Call to Order 2. Roll Call 3. Moment of Silence 4. Council Report 5. Mayor Kragness: Request by Troop 401 for Flag Ceremony 6. 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. October 21, 1996 Special Work Session 2. October 28, 1996 - Regular Session 3. October 30, 1996 - Joint Meeting with Planning Commission 4. November 6 1996 - Special Session b. Proclamation Declaring November 24 through December 1, 1996, as National Bible Week C. Resolution Acknowledging Donations from the Brooklyn Center Lions Club for Recreation Programs d. Resolution Establishing Improvement Project No. 1996 -18, Routine Well Maintenance at Well No. 10, Approving Specifications, and Authorizing Solicitation of Quotes e. Resolution Approving Issuance of an On -Sale Wine and Non - Intoxicating Liquor (Beer) License to Yun's Restaurant Inc. DBA/Denny's #6887 -The site location is 6401 James Circle. e f. Resolution Approving Final Plat, FRIDAY'S ADDITION CITY COUNCIL AGENDA -2- November 12, 1996 g• Licenses 7. Open Forum 8. Public Hearing a. An Ordinance Amending Chapter 6 of the Brooklyn Center City Charter; Section 6.02 Subd. 3(a) -This ordinance was offered for a first reading on October 15, 1996, published in the City's official newspaper on October 23, 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. b. An Ordinance Vacating Part of a Sanitary Sewer Easement Within Tract C, Registered Land Survey Number 1377 -This relates to TGI Friday's /Country Inn and Suites. -This ordinance was offered for a first reading on October 15, 1996, published in the City's official newspaper on October 23, 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. C. An Ordinance Vacating Part of a Utility Easement at Lot 2, Block 1, SANDER ERICKSON ADDITION -The site location is 5435 Bryant Avenue North. -This ordinance was offered for a first reading on October 15, 1996, published in the City's official newspaper on October 23, 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- November 12, 1996 • 9. Council Consideration Items a. Presentation by Roger Peterson of Association of Metropolitan Municipalities (AMM) Regarding Property Taxes, Fiscal Disparities, and Local Government Aid - Requested Council Action: - Presentation by Roger Peterson of AMM. b. Resolution Expressing Recognition and Appreciation of Robert Mickelson for His Dedicated Public Service on the Charter Commission - Requested Council Action: - Motion to adopt resolution. C. Resolution Expressing Recognition and Appreciation of Tony Kuefler for His Dedicated Public Service on the Charter Commission - Requested Council Action: - Motion to adopt resolution. d. An Emergency Ordinance Extending the Moratorium on the Siting of Adult Establishments - Requested Council Action: -This ordinance is offered for a first reading. Upon unanimous vote of the • Council, the ordinance would be effective immediately. e. Reschedule Meeting with Park and Recreation Commission; Consider Setting November 18, 1996, as Council Work Session Requested Council Action: - Motion to reschedule meeting with Park and Recreation Commission and set November 18, 1996, as Council work session at 7 p.m., City Hall. f. Report on MCDs - Requested Council Action: -Report by Chief Scott Kline. g. Resolution Expressing Recognition and Appreciation for the Public Service of Organizations Participating in Brooklyn Center's Adopt -A -Park, Adopt -A- Trail, and Adopt -A- Street Programs - Requested Council Action: - Motion to adopt resolution. h. Resolution Approving Final Plat, RAINBOW'S GARDEN CITY ADDITION - Requested Council Action: - Motion to adopt resolution. • CITY COUNCIL AGENDA -4- November 12, 1996 r i. An Ordinance Amending Chapters 12 and 19 of the i g p City Ordinances Relating to the Abatement of Nuisances and Housing Code Violations; Amending Sections 12 -1201, 12 -1206, and 19 -105 -This ordinance is offered for a first reading. -Requested Council Action: - Council discuss. - Motion to approve first reading of ordinance and set date for public hearing. j. An Ordinance Amending Chapter 19 of the City Ordinances Regulating the Use of Watercraft on Twin Lakes; Adding New Sections 19- 1900,19 -1901, and 19 -1902 -This ordinance is offered for a first reading. -Requested Council Action: - Council discuss. - Motion to approve first reading of ordinance and set date for public hearing. k. Set Date for Joint Meeting with Planning Commission Regarding Adult Establishments and General Planning Issues 1. 1997 Utility Rate Study 1. Resolution Adopting the 1997 Water Utility Rate Schedule 2 Resolu Adopting the 1997 Sanitary Sewer Utility Rate Schedule 3. Resolution Adopting the 1997 Storm Drainage Utility Rate Schedule 4. Resolution Adopting the 1997 Water and Sanitary Sewer Hookup Rates 5. Resolution Adopting the 1997 Recycling Rates -Requested Council Action: - Motion to adopt resolutions. 10. Adjournment EDA AGENDA CITY OF BROOKLYN CENTER November 12, 1996 7 p.m. 1. Call to Order 2. Roll Call • 3. Ap of Agenda an rr � d Consent Agenda CITY COUNCIL AGENDA -5- November 12, 1996 • -The following tem is considered to be routine the Economic g o me by e Development Authority and will be enacted by one motion. There will be no separate discussion of this item unless a Commissioner so requests, in which event the item will be removed from the consent agenda and considered at the end of Commission Consideration Items. a. Approval of Minutes - Commissioners not present at meetings will be recorded as abstaining from the vote on the minutes. 1. October 28, 1996 - Regular Session 4. Commission Consideration Items a. Resolution Approving Amendment to Preliminary Development Agreement Providing an Extension of that Agreement By and Between the Economic Development Authority in and for the City of Brooklyn Center and David Nelson - Requested Commission Action: - Motion to adopt resolution. b. Resolution Accepting Proposal and Authorizing Contract for Appraisal Services for 53rd Avenue Development and Linkage Project - Requested Commission Action: - Motion to adopt resolution. C. Resolution Authorizing Acquisition and Establishing Public Hearing Date for the Conveyance of Mn/Dot Turnback Property to the Adjacent Property Owner -This conveyance relates to turnback property located adjacent to 6337 Dupont Avenue North. - Requested Commission Action: - Motion to adopt resolution. d. Marquette Advisors Presentation of Proposals for Consulting Services on Earle Brown Heritage Center for EDA Board of Directors - Requested Commission Action: a) Discussion with James Klas of proposal. b) Commission direction on proposal. a. 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 OCTOBER 21, 1996 CITY HALL, CONFERENCE ROOM B CALL TO ORDER The Brooklyn Center City Council met in a special work session and was called to order by Mayor Myrna Kragness at 7:00 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Debra Hilstrom, Kristen Mann, and Charles F. Nichols, Sr. Also present: City Manager Michael J. McCauley, Fire Chief Ron Boman, Community Development Director Brad Hoffman, and Council Secretary LeAnn Larson. CITIZEN INPUT AT COUNCIL WORK SESSIONS Councilmember Hilstrom discussed the appearance of Dean Nyquist and Phil Cohen at the last Council work session where the presentation exceeded the five minute limit as established by Council policy. The Council had further discussion regarding the policy and the circumstances surrounding the previous work session. EARLE BROWN HERITAGE CENTER City Manager McCauley introduced the topic of the Earle Brown Heritage Center. As indicated in his memo, he felt the primary issue was for the Council to determine its own views as to the mission of the Heritage Center. He also outlined parts of the memo relating to his suggested approach of dealing with peripheral operations at the Center, specifically the Inn and restaurant. Mr. McCauley outlined a general suggestion that the core business and operation was the conference center and that his suggested approach would be to deal with the lesser issues at the Heritage Center prior to reviewing the core conference operation. Councilmember Hilstrom commented the continued loss of income by the Heritage Center should be addressed, not put off until after the election or into the new year. Mayor Kragness reminded Council of several limitations to options before the bonds are retired in 2004 -- essentially the City is "locked in" to the Center until then. Councilmember Carmody suggested goals and values for the Heritage Center be established by • 10/21/96 -1- Council. She thought it important to discuss which areas are acceptable /unacceptable to address and what direction the Council envisioned the facility's future. Councilmember Hilstrom emphasized existing goals already established in the Modified Earle Brown Farm Redevelopment Plan weren't being met: 1) provide ongoing .benefit to residents of Brooklyn Center and those who may frequent the area, and, 2) arrive at rehabilitation and re -use of the Earle Brown Farm site that is economically viable and/or accomplishes public goals at minimum public expense. Since the facility may never break even, perhaps a consultant should be brought in to walk Council through a process to help resolve this issue. She suggested this process should be done soon, as demands on Mr. McCauley's time in the near future may prevent him from being able to garner all pertinent information regarding the Center in order to address this issue at length. Councilmember Nichols agreed an outside consultant would work or Mr. McCauley could provide in -depth information. Councilmember Mann reminded Council that no capital improvements to the Inn have been made in six years. Community Development Director Brad Hoffman discussed that original projections were that the conference center at the end of five to seven years would give an indication as to its ability to sustain the cost of operations. The materials that were reviewed and discussed when the decision was made to open the Center indicated that it would be between five and seven years before it could be hoped that the Center would break even on operations, if it would even do that well. As part of the analysis of the Center, one of the missing components was a residential component. The Inn on the Farm, as indicated in the Marquette Partners report, would not be able to sustain itself and the question was whether the operations of the conference center would be able to cover the losses at the Inn. Mr. Hoffman also discussed the fact that at this point in July the conference center operation was in the best financial position it has been in since its inception, and there was a positive trend that might cause the Heritage Center to end the year in black. Councilmember Nichols stated the Heritage Center must be recognized as a conference center and entity for small business meetings through improved /increased advertising and marketing. The Inn and restaurant should not be closed. Councilmember Carmody suggested working on the primary purposes to be achieved and strategies for the Center. Councilmember Hilstrom stressed the need for up -to -date and complete information. She added the Farm should not be subsidized by TIF money. It should sustain itself. The Council discussed the pros and cons of having a consulting firm begin work on an analysis of the Heritage Center. The Council agreed upon the benefits in having a consultant walk them through the facility so as to understand the operations and potentials. There was further discussion on whether it would be better to engage the services of Marquette Partners, who had done the most recent study rather than have a firm that would need to familiarize itself with the operations before being able to provide a report. The general consensus of the Council was that it would like to have Marquette Partners prepare a proposal for Council consideration to assist them in understanding the • 10/21/96 -2- DRAFT operations of the Heritage Center and for Marquette Partners to do an analysis of the Center. Citizen input from Nancy Carlson centered on Farm deficits over the past and use of TIF funds, and she asked that citizen participation be allowed in this research with Marquette. Del Erickson requested a copy of a feasibility study done in the past on the Heritage Center. Tim Willson spoke on citywide TIF issues. DRAFT LETTER TO LOGIS City Manager McCauley asked the Council to review a proposed letter to Mr. Paul Moe, DTED, stating the City's position on a potential LOGIS building in Brooklyn Center and the use of bonds for its construction. The Council agreed the response reflected the Council's position. FIRE DEPARTMENT REQUEST FOR PART -TIME PAY IN 1997 BUDGET Fire Chief Ron Boman explained the increase of $35,000 to Personnel in the proposed fire department budget for 1997. Of the 22 fire departments in the North Suburban Mutual group, Brooklyn Center is the only member which doesn't pay it firefighters for any fire department functions. In order to attract and keep volunteer firefighters, Mr. Boman requested $10 per hour be paid for drills. He noted firefighters still won't be paid for truck checks, fire runs, or other work details. Councilmember Hilstrom asked if this $10/hour compensation would create an expectation of a three percent increase next year at budget time; Mr. Boman said no. Mr. Boman also responded to Councilmember Carmody's question of the number of certified firefighters at present. There are 34 certified firefighters, with 40 a full complement. A motion to break at 8:28 p.m. passed unanimously. The meeting reconvened at 8`41 p.m. COUNCIL DIRECTION ON SOCIAL SERVICE FUNDING REQUESTS In relation to the proposed 1997 budget, $80,000 is designated for social services. The following groups /programs have made requests: Brooklyn Peacemaker Center, Inc.; CEAP; Five Cities Senior Transportation; North Hennepin Mediation Program; Northwest Hennepin Human Services Council; Project PEACE; Brooklyn Center Youth Football; Brooklyn Center Youth Hockey; Brooklyn Center Community Band; and Discover the Center. The City has joint powers agreements with Five Cities Senior Transportation, Northwest Hennepin Human Services Council, and Project PEACE. Councilmember Nichols stressed the importance of providing youth activities. Councilmember Hilstrom added that programs should be accessible in all parks, not just at the Community Center. Mayor Kragness commented it is important to get kids involved but that we can't afford summer "day care" of youth. Councilmember Mann commented on the structures /shelters at the various parks needing maintenance. • 10/21/96 -3- Councilmember Carmody raised the issue of selecting only a few youth activities in the community receiving funding from the City. She identified a number of other youth activities such as karate and dance that do not receive assistance from the City. Councilmember Carmody felt that the City should not be providing funds for any of these activities. Resident Rod Snyder commented on recruiting at -risk children into programs and developing partnerships between government, schools, and businesses. (At 9:25 p.m. Councilmember Hilstrom suggested discontinuance of social services discussion in order to accommodate the TIF presenter, Mr. Bob Thistle. Discussion on social service budget items resumed at 9:44 p.m.) City Manager McCauley advised the Council that he anticipated that there would be joint activities that would be sponsored by Discover the Center and the City of Brooklyn Center. Under those circumstances where the City was engaged in an activity such as the annual Realtor's Day, City funds would be expended in sponsoring activities jointly with Discover the Center and perhaps other entities. Mr. McCauley wanted to be certain that the Council understood and concurred with this continued partnering with Discover the Center, even though Discover the Center would not be receiving any funds directly for its own operations from the City. The Council indicated that the outline of activities by Mr. McCauley was consistent with their view. Councilmember Hilstrom made the point that she felt it more important to provide funds for assessment stabilization and the street projects than many of the social service funding issues that were being discussed by the Council. Several Councilmembers commented on the distinction between the City's involvement in the social service activities and issues relating to street funding and assessment stabilization. The Council consensus for social service requests for the budget was as follows: $ 8,843 Five Cities Senior Transportation $ 4,000 North Hennepin Mediation Program $16,663 Northwest Hennepin Human Services Council $43,994 Project PEACE $ 2,000 Brooklyn Center Youth Football $ 2,500 Brooklyn Center Youth Hockey $ 2,000 Brooklyn Center Community Band 10/21/96 -4- f. DUz � y ' OVERVIEW OF CITY'S TAX INCREMENT FINANCING DISTRICTS AND ISSUES Mr. Bob Thistle, Springsted, Inc., presented the Brooklyn Center TIF Districts Status Analysis, dated October 14, 1996. This report depicts the current status of the City's existing tax increment financing district. On a positive note, TIF districts 2100 (Brookwood- Housing) and 2101 (Earle Brown- Redevelopment) appear healthy and should meet financial obligations over the life of the districts. If projected increment is held constant, internal loans are entirely repaid by 2004. Net tax increments collected thereafter would be about $9.9 million. These funds would be available for eligible purposes per specifications in the TIF plans for the districts. TIF district 2102 is comprised of redevelopment subdistricts 2102 (Brooklyn Blvd. /69th), 2147 (Willow /252, ISD 411), 2148 ( Brookdale area), and 2149 (Willow /252, ISD #286). Subdistricts 2102 and 2149 are currently generating increment and anticipate four new developments in 1996 and 1997. These two subdistricts appear relatively healthy and should meet financial obligations of the district over the long term. Subdistrict s 2147 and 2148 are not generating ncrement due to market value reductions g r uctions on selected parcels (current value < base value). Further analysis and monitoring of the subdistricts are recommended. Due to the significant decrease in value of Brookdale (subdistrict 2148), it does not contribute to the district. Options to rectify this situation need to be considered. A) One option is to take selected parcels (with substantial loss) out of the district in 1996 and put them back in 1996 (or 1997). Since the City is within five years from certification of the TIF district, these parcels could then be added back to the subdistricts at their current (lower) values. This requires action immediately to start the process to modify the district. Dropping selected parcels in 1996 and uttin them back in 1996 would be relative P g 1 ea Y to accomplish and is allowable under current tax increment status. Dropping the parcels in 1996 and returning them in 1997 may be affected by new special legislation and change in Brookdale ownership. "Knock down" districts reflect current value and encourage growth in the area, according to Mr. Thistle. B) Wait and see is another option. Base values may drop on their own as sufficient prior years tax petitions become successful. This is riskier and could take years to transpire. It is also possible that new development could occur in the subdistrict in the years before the base values might be adjusted downward. Then, there still may be no positive captured value and no tax increment. Both Mr. Thistle and City Manager McCauley fielded a number of questions and comments from Council. Council consensus was that Mr. McCauley should pursue the option of a knock down 10/21/96 -5- DRAFT district -- pulling selected parcels in 1996 and returning them in 1996 at lower base values. He will contact Hennepin County immediately regarding this process. A motion by Councilmember Carmody and seconded by Councilmember Mann to continue past 11:00 p.m. and leave remaining items on the agenda to carry over to another meeting passed unanimously. • motion to break passed unanimously. The meeting reconvened at 11:16 p.m. ADJOURNMENT • motion by Councilmember Carmody and seconded by Councilmember Mann to adjourn the meeting at 11:16 p.m. passed unanimously. City Clerk Mayor Recorded and transcribed by: LeAnn Larson 10/21/96 -6- DRA • 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 OCTOBER 28, 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 7:00 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Debra Hilstrom, Kristen Mann, and Charles F. Nichols, Sr. Also present: City Manager Michael J. McCauley, Public Services Director Diane Spector, Planning & Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and Council Secretary LeAnn Larson. MOMENT OF SILENCE A moment of silence was observed. COUNCIL REPORT There were no Council reports. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Councilmember Mann and seconded by Councilmember Carmody to approve the 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 October 7, 1996 -- Special Work Session and October 15, 1996 -- Regular Session as printed passed unanimously. 10/28/96 -1- DRAFT RESOLUTION NO. 96 -210 • Member Mann introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSALS FOR BANKING SERVICES The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. RESOLUTION NO. 96 -211 Member Mann introduced the following resolution and moved its adoption: RESOLUTION CONVEYING CITY -OWNED LAND AND A TRAIL EASEMENT TO THE SUBURBAN HENNEPIN REGIONAL PARK DISTRICT FOR PARK PURPOSES The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. SITE PERFORMANCE GUARANTEE RELEASE A motion by Councilmember Mann and seconded by Councilmember Carmody to authorize the release o� a Site Performance Guarantee for Twin View Meadows Development (51 st Avenue, northwest of Franc Avenue) passed unanimously. LICENSES A motion by Councilmember Mann and seconded by Councilmember Carmody to approve the following licenses passed unanimously. Christmas Tree Sales Jimmy Benz 3701 50th Avenue North Mechanical Systems Air One Mechanical Corporation 6317 Welcome Ave N, Brooklyn Park Dave's Refrigeration 1601 37th Ave NE, Columbia Heights Rental Dwellings Initial: Ardella Hutchinson 5307 Camden Avenue North Navin Patel 5211 France Avenue North Daniel Weber 3218 O'Henry Road Raymond Johnson 7009 Unity Avenue North Renewal: Bruce Powers /Ken Belgarde Hi -Crest Apartments 10/28/96 -2- DRAFT OPEN FORUM Pastor Judy Fornara from the Spiritual Life Church in Brooklyn Center expressed the church's desire to build a new church building and Christian educational facility on a 4.41 acre site in Brooklyn Center on Freeway Boulevard. Councilmember Carmody expressed her concern about the safety of children attending a school on a site heavily tracked due to the commercial/industrial development in the area. Jim Soderberg, 6401 Camden Avenue North (Melrose Gates), discussed his concerns with the proposed 53rd Avenue Development and Linkage Project. He suggested the City focus on the issue of high crime in several apartment neighborhoods instead by channeling $5,000 per apartment unit into rehabilitation of the apartment buildings. m er Councilme b Carmody discussed that the city should not renovate private property P Y tY P P P rtY for the profit of the owners. Councilmember Nichols asked the City Attorney's opinion on the issue of city subsidization of apartment buildings. City Attorney LeFevere responded by suggesting that there may be avenues through the HRA and EDA in which certain rehabilitation may be undertaken. Mayor Kragness closed open forum. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 96015 SUBMITTED BY LANDFORM ENGINEERING COMPANY (This matter was considered along with Planning Commission Application No. 96018 as they were related Applications.) Planning and Zoning Specialist Ron Warren introduced Planning Commission Application No. 96015 submitted by Landform Engineering Company requesting plat approval to subdivide into two lots the property located at the northeast quadrant of 63rd Avenue North and Brooklyn Boulevard. The property in question is the site of the proposed Rainbow Food store development project. Lot 1 is the proposed site of a Walgreen's pharmacy. Lot 2 is the proposed site of a Rainbow Food store and other retail outlet and a freestanding building for commercial use. Lot 1 is irregularly shaped and short the minimum required parking spaces for a drug /pharmacy building. Before final plat approval, Landform Engineering needed to apply for a Special Use Permit to provide for off -site parking on Lot 2 encumbered for the sole use of Lot 1. There is a surplus of parking spaces on Lot 2, and 24 spaces lying close to the Walgreen's site would be dedicated parking from the accessory off -site lot to the principal lot by means of a legal encumbrance. Councilmember Carmody inquired about the ease of selling either parcel with deed restrictions. Mr. Warren responded that commercial title work would guarantee compliance per the zoning ordinance with the encumbrance for required parking. 10/28/96 -3- DRAFT Mr. Darren Lazan, Landform Engineering Company, responded to an inquiry of when construction woul begin at the site. Mr. Lazan stated that the asbestos abatement was nearly complete, they've workeo g and the Y p Y hard to resolve environmental and ponding issues in order to start the project before the end of the year. There was a motion by Councilmember Hilstrom and seconded by Councilmember Nichols to approve Planning Commission Application No. 96015 submitted by Landform Engineering Company subject to the following conditions recommended by the Planning Commission: 1) The final plat is subject to review and approval by the City Engineer. 2) The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3) The existing building on the site shall be demolished prior to final plat approval. 4) Preliminary plat approval is subject to the approval of Planning Commission Application No. 96018 for off -site accessory parking. An appropriate document legally encumbering a minimum of 20 off - site parking spaces on the proposed Lot 2 for the sole use of the proposed Lot 1 shall be approved by the City Attorney and filed with the final plat for this property. 5) Appropriate cross access and parking agreements, as determined by the City Attorney, shall be executed prior to final plat approval and be filed with Hennepin County as part of this plat. The motion passed unanimously. PLANNING COMMISSION APPLICATION NO. 96018 SUBMITTED BY LANDFORM ENGINEERING COMPANY Planning and Zoning Specialist Ron Warren introduced Planning Commission Application No. 96018 submitted by Landform Engineering Company requesting special use permit approval for accessory off -site parking in the proposed Rainbow Garden City Addition comprehended under Planning Commission Application No. 96015. There was a motion by Councilmember Hilstrom and seconded by Councilmember Nichols to approve Planning Commission Application No. 96018 submitted by Landform Engineering Company requesting special use permit approval for accessory off -site parking in the proposed Rainbow Garden City Addition comprehended under Planning Commission Application No. 96015 subject to the following conditions recommended by the Planning Commission: 10/28/96 -4- DRAFT • 1) The special use permit is granted to allow a minimum of 20 parking spaces on the proposed Lot 2, Block 1, Rainbow's Garden City Addition, to be legally encumbered for the sole use of the proposed Lot 1, Block 1, Rainbow's Garden City Addition. 2) A legal encumbrance, in a form approved by the City Attorney, shall be filed with the final plat comprehended under Planning Commission Application No. 96015. The motion passed unanimously. PLANNING COMMISSION APPLICATION NO. 96019 SUBMITTED BY LANDFORM ENGINEERING COMPANY Planning and Zoning Specialist Ron Warren introduced Planning Commission Application No. 96019 submitted by Landform Engineering Company requesting preliminary plat approval to subdivide into three lots the 13.09 acre parcel of land located on the north side of Freeway Boulevard, westerly of the Schmitt Music site. The purpose of this subdivision is to create three legal lots based on three separate uses of the site. Adequate parking for each of the separate uses and proportionate division of the wetland and flood plain area between the properties is provided. The subdivision will create Lot 1 (3.96 acres), site of TGI Friday's Restaurant; Lot 2 (5.30 acres), site of an 85 -unit Country Inn and Suites; and Lot 3 (3.82 acres), site of a (yet undetermined) restaurant. Appropriate cross access and parking agreements are required for inclusion in O the final plat. There was a motion by Councilmember Carmody and seconded by Councilmember Hilstrom to approve Planning Commission Application No. 96019 submitted by Landform Engineering Company to subdivide into three lots the 13.09 acre parcel of land located on the north side of Freeway Boulevard, westerly of the Schmitt Music site subject to the following conditions recommended by the Planning Commission: 1) The final plat is subject to review and approval by the City Engineer. 2) The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3) Appropriate cross access and parking agreements, as determined by the City Attorney, shall be executed prior to final plat approval and be filed with Hennepin County as part of the final plat. The motion passed unanimously. 10/28/96 -5- DRAFT COUNCIL CONSIDERATION ITEMS • MAYORAL APPOINTMENT OF TWO MEMBERS TO SERVE ON HOUSING COMMISSION Mayor Kragness requested Council ratification for the nominations of Michael desParois and Mark Yelich to the Housing Commission. Clarification was sought as to which nominee would serve which term. Mr. desParois will fill the vacancy expiring in 1996, and Mr. Yelich will fill the vacancy expiring in 1998. A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to confirm the mayoral appointment of Michael desParois and Mark Yelich to serve on the Housing Commission for the agreed upon terms passed unanimously. RESOLUTION ESTABLISHING COLD WEATHER SHUT OFF MORATORIUM FOR RESIDENTIAL USERS City Manager McCauley outlined the proposed resolution that reflected the Council's interest at a work session in having a cold weather shut off policy of city utilities rather than certify delinquent bills as a special assessment. The suggested test period is from November 1, 1996, through April, 1997. The resolution implements a policy of not shutting off residential water service during winter months, with review of the policy at the end of the winter season. RESOLUTION NO.96 -212 Councilmember Nichols introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING COLD WEATHER SHUT OFF MORATORIUM FOR RESIDENTIAL USERS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody and passed unanimously. RESOLUTION CALLING FOR A PUBLIC HEARING BY THE CITY ON THE MODIFICATION OF THE REDEVELOPMENT PLAN FOR HOUSING DEVELOPMENT AND REDEVELOPMENT PROJECT NO. 1 AND THE MODIFICATION OF THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 3 City Manager McCauley discussed modification of the tax increment district for Brookdale and the surrounding area. Since the area was certified, negative pressures on the value of Brookdale have substantially decreased the market value of the property below the base value established for the district. This results in a situation where no tax increment would be available to assist in the redevelopment of Brookdale and surrounding areas for the first $20 million of redevelopment activity. Modification of the TIF district is necessary to readjust the base to the present value. The current substantial drop in value can be addressed through the proposed knock down to the current value as the base. 10/28/96 -6- ' j Lr�: ITT • Mr. McCauley further discussed engaging the services of Springsted, Inc., for the financial service work and Dorsey & Whitney for the legal work required. Mr. McCauley noted that both firms were prepared to work within the time frame of the city's needs and were experienced with this issue. RESOLUTION NO. 96 -213 Member Mann introduced the following resolution and moved its adoption: RESOLUTION CALLING FOR A PUBLIC HEARING BY THE CITY ON THE MODIFICATION OF THE REDEVELOPMENT PLAN FOR HOUSING DEVELOPMENT AND REDEVELOPMENT PROJECT NO. 1 AND THE MODIFICATION OF THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 3 The motion for the adoption of the foregoing resolution was duly seconded by member Nichols and passed unanimously. RESOLUTION AMENDING CITY COUNCIL RESOLUTION NO 91 -277 A RESOLUTION CLOSING THE 1976 SPECIAL ASSESSMENT DEBT SERVICE FUND AND TRANSFERRING THE REMAINING FUNDS TO THE EDA FUND THE CAPITAL IMPROVEMENTS FUND THE SPECIAL ASSESSMENT CONSTRUCTION FUND, AND THE PARK BONDS OF 1980 DEBT SERVICE FUND City Manager McCauley discussed amending a previous resolution which provided for the creation of an endowment to use for EDA projects. This resolution allows for the use of the endowment principal in order to help finance the 53rd Avenue Development and Linkage Project. RESOLUTION NO. 96-214 Member Mann introduced the following resolution and moved its adoption: RESOLUTION AMENDING CITY COUNCIL RESOLUTION NO. 91-277, A RESOLUTION CLOSING THE 1976 SPECIAL ASSESSMENT DEBT SERVICE FUND AND TRANSFERRING THE REMAINING FUNDS TO THE EDA FUND, THE CAPITAL IMPROVEMENTS FUND, THE SPECIAL ASSESSMENT CONSTRUCTION FUND, AND THE PARK BONDS OF 1980 DEBT SERVICE FUND The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. 10/28/96 -7- URAe RESOLUTION ESTABLISHING POLICY REGARDING THE USE OF CITY WATER TOWERS FO PERSONAL WIRELESS SERVICE FACILITIES City Manager McCauley discussed the issue of siting of personal wireless service towers on the city water towers. City staff and the Planning Commission have addressed the issue to the extent possible given it is relatively new technology and inquiries by vendors have been made. This resolution approves a policy on the issue, establishes an application fee and minimum monthly lease fee, and authorizes the City Attorney and City Manager to negotiate leases. No lease is effective until ratified by the City Council. Councilmember Nichols expressed concern about these towers being subject to lightening strikes and potential liability. Public Works Director Diane Spector commented that often the antennas are paneled antennas, attached flat to the tower and not extending up into the air. RESOLUTION NO. 96 -215 Member Nichols introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING POLICY REGARDING THE USE OF CITY WATER TOWERS FOR PERSONAL WIRELESS SERVICE FACILITIES The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. 0 AN ORDINANCE AMENDING ORDINANCE NO. 95-02, AS EXTENDED BY ORDINANCE NO. 96-4. EXTENDING THE MORATORIUM ON THE SITING OF ADULT ESTABLISHMENTS City Manager McCauley discussed the need for additional time for the study of siting of adult establishments, thus extending the moratorium until March 30, 1997. He advised that an emergency ordinance would be prepared to cover the gap between the current moratorium that ends in November and the effective date of the extension. Mr. McCauley also stated he wanted to schedule a joint meeting or meetings with the Planning Commission to resolve this issue. The Planning Commission will then have time to make its recommendation on a final ordinance amendment for Council consideration. There was a motion by Councilmember Hilstrom and seconded by Councilmember Carmody to approve the first reading of the ordinance and set a public hearing and second reading for the November 25, 1996, meeting. 10/28/96 -8- DRAFT ADJOURNMENT • A motion by Councilmember Hilstrom and seconded by Councilmember Carmody to adjourn the meeting at 8:17 p.m. passed unanimously. City Clerk Mayor Recorded and transcribed by: LeAnn Larson 10/28/96 -9- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL • I AND PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA JOINT SESSION OCTOBER 30, 1996 CALL TO ORDER The City Council and Planning Commission met in a joint meeting convened by Planning and Zoning Specialist Warren at 7:10 p.m. ROLL CALL Mayor Myrna Kragness, and Councilmembers Kathleen Carmody and Charles Nichols, Planning Commissioners Graydon Boeck, Mark Holmes, Rex Newman, Dianne Reem, and Brian Walker were present. Also present were City Manager Michael J. McCauley, Director of Public Services Diane Spector, Director of Community Development Brad Hoffinan, Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Arlene Bergfalk. Councilmembers Debra Hilstrom and Kristen Mann and Commissioners Donald Booth and Tim • Willson did not attend. BROOKLYN CENTER COMPREHENSIVE PLAN UPDATE Following introduction of the persons present, Mr. Warren explained the purpose of the meeting. To accomplish an update of the City's Comprehensive Plan, a timetable for completion will be presented and an issue identification session will be conducted by the consulting firm retained by the City to assist in the update. In addition, composition of a task force to work with the consultants should be considered at this meeting. PRESENTATION BY CONSULTANTS Mr. Bill Webber and Ms. Suzanne Rhees, Planning Consultants, BRW, Inc., distributed a Project Schedule outlining the schedules for consideration of the components of the Comprehensive Plan and task force meetings. The final updated Comprehensive Plan is expected to be presented for City Council adoption in October 1997. The purpose of the Comprehensive Plan was described and it was noted that the Plan was last updated in 1980. Mr. Webber and Ms. Rhees conducted an extensive work session with the persons present to gather information on issues important to the City's elected and appointed officials. By defining the City's strengths, weaknesses, threats, and opportunities, specific issues were identified and prioritized. The consultants will work with staff to analyze the information gathered for integration into the components of the Comprehensive Plan. 10 -30 -96 -1- DRAFT TASK FORCE Composition of a 15 member task force was considered. It was generally agreed that the task force should represent a cross section of citizens, churches; schools, businesses, and elected and appointed officials. Specifically, the task force will include appropriate City staff members, Planning Commissioners, interested Councilmembers, a selected representative from each of the City's advisory commissions, and representatives of the business community. Business members may be solicited through communication with the Chamber of Commerce and other participation may be solicited through a newspaper notice. City staff will coordinate development of the task force membership. The first task force review meeting will probably be in January 1997. ADJOURNMENT The meeting concluded at 9:25 p.m. City Clerk Mayor Recorded and transcribed by: Arlene Bergfalk TimeSaver Off Site Secretarial t • 10 -30 -96 -2- J)HAr r 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 NOVEMBER 6, 1996 CITY HALL CALL TO ORDER The Brooklyn Center City Council met ins special session as an election canvass board and P was called to order by Mayor Myrna Kragness at 5:04 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Debra Hilstrom, Kristen Mann, and Charles F. Nichols, Sr. Also present were City anager Michael J. McCauley nd City tY � Y t5' Clerk Sharon Knutson. CANVASS OF ELECTION RETURNS The Brooklyn Center City Council proceeded to canvass the City election returns from the various City precincts, reporting ballots cast in the City of Brooklyn Center contests as follows: Office of Council Member Ballot Count Kay Lasman 5,775 Robert Peppe 5,092 Charles F. Nichols, Sr. 4,720 Jerry Blarney 3,626 Write -ins 82 RESOLUTION NO 96 Upon completing the election canvass, member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION REGARDING CANVASS OF NOVEMBER 5, 1996, GENERAL ELECTION The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody, and the motion passed unanimously. • 11/6/96 -1- DRAFT ADJOURNMENT There was a motion by Councilmember Kristen Mann and seconded by Councilmember Kathleen • Carmody to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council meetin g adjourned at 7 P 5 0 .m. City Clerk Mayor I • i 11/6/96 _�_ l� • PROCLAMATION DECLARING NOVEMBER 24 THROUGH DECEMBER 1, 1996, AS NATIONAL BIBLE WEEK WHEREAS, the Bible has been a constant source of moral and spiritual guidance for many Americans throughout our history; and WHEREAS, the Bible has profoundly influenced our nation's art, literature, music, laws, and sense of charity; and WHEREAS, for fifty -six years women and men of all faiths have banded together with the Laymen's National Bible Association to sponsor National Bible Week as a time to remind their fellow Americans of the Bible's unique place in American life. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, do hereby proclaim November 24 through December 1, 1996, as National Bible Week in the City of Brooklyn Center. Date Mayor Attest: City Clerk • • CITY OF DALLAS RONALD KIRK Mayor October, 1996 D ear Ma From November 24 to December 1, 1996, the Laymen's Bible Association is sponsoring the interfaith observance of National Bible Week for the 56th consecutive year. _ As Chair of the Mayors Committee for this Celebration, I ask that you join me by issuing a proclamation calling for Bible Week observance. A draft is enclosed for your use. Please feel free to change this draft in whatever way you wish. Proclamations received by November 15 will be displayed at the Bible Week Inaugural Luncheon which is being held at The Hilton Hotel in New York City on November 22. Proclamations should be sent to the chair of National Bible Week at the following address: Laymen's Bible Association, 1865 Broadway, 12th Floor, New York, New York 10023, Attention: Mr. George Gallup, Jr., National Chair. The sponsors of National Bible Week are also providing the media with materials for a public service advertising campaign designed to remind all Americans of the Bible's importance. Nonsectarian biblical materials are being provided free of cost for distribution at local observances throughout the country. Thank you for your interest, and your efforts are very much appreciated. Sincerely, ] L Ronald Kirk, Mayors Chair National Bible Week 1996 RK/is OFFICE OF THE MAYOR CITY HALL DALLAS TEXAS 7520 TELEPHONE 214 670 -4054 v MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Charlie Hansen, Finance Director C N DATE: November 4, 1996 SUBJECT: Resolution Acknowledging Donations from the Brooklyn Center Lions Club for Recreation Programs The Brooklyn Center Lions Club has made two donations to support programs of the Recreation Department. The Halloween Party received a donation of $200 to help defray the cost of the party. The Holly Sunday program also received a donation of $1,760 to help defray its cost. The attached resolution expresses the City's gratitude for the donations and appropriates the money to the recreation programs selected by the Lions Club. • • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACKNOWLEDGING DONATIONS FROM THE BROOKLYN CENTER LIONS CLUB FOR RECREATION PROGRAMS WHEREAS, the Brooklyn Center Lions Club has presented to the City a donation of two hundred dollars ($200) and has designated that it be used for the Halloween Party recreation program; and WHEREAS, the Brooklyn Center Lions Club has presented to the City a donation of one thousand seven hundred sixty dollars ($1,760) and has designated that it be used for the Holly Sunday recreation program; and WHEREAS, the City Council is appreciative of the donations and commends the Brooklyn Center Lions Club for its civic efforts. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, to acknowledge the donations with gratitude and appropriate the donations to the Halloween Party and Holly Sunday recreation programs. 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. �d • MEMORANDUM DATE: November 6, 1996 TO: Michael McCaule City Manager ty g FROM: Scott Brink, City Engineer SUBJECT: Resolution Establishing Improvement Project No. 1996 -18, Routine Well Maintenance at Well No. 10, Approving Specifications, and Authorizing Solicitation of Quotes The City's municipal water supply wells are maintained by Public Utility personnel who provide day -to -day inspections and adjustments required to ensure constant delivery of water to the City. As part of the normal well maintenance schedule, the underground portion (column, shaft and pump) of each of the City's wells are "pulled" once every six years for inspection and repair or replacement of components by contractor who specialize in that type of work. The City's Capital Improvement Program recognizes and provides for this annual expenditure through the water utility fund. Well No. 10 is due for inspection and servicing according to the maintenance schedule. The types of servicing and repairs required each year are generally very typical. A standard specification and quotation request is annually prepared and forwarded to contractors that have been proven competent in providing these types of specialized services. Quotations are solicited based on two factors: 1. The base bid quote contains quantities that are generally known such as length of shaft to pull, inspection of couplings, bowls and the amount of sand to be bailed from the well. These costs generally range from $10,000 to $20,000. 2. The cost for furnishing repair parts. Installation cannot be determined until the well shaft has been removed and inspected. These items generally have ranged from $5,000 to $15,000 and are bid on a unit price. Depending on the repairs required, the annual well maintenance contract has varied from $10,000 to as much as $50,000. We usually set aside $50,000 in the water utility for this annual contract. • Member introduced the following resolution and moved • its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1996 -18, ROUTINE WELL MAINTENANCE AT WELL NO. 10, APPROVING SPECIFICATIONS, AND AUTHORIZING SOLICITATION OF QUOTES WHEREAS, the City Engineer has reported to the City Council of the need for routine well maintenance; and WHEREAS, the City does not possess the parts or equipment to perform the more specialized repairs and maintenance services; and WHEREAS, the City Engineer has developed plans and specifications for said maintenance, repairs and replacements; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: • 1. Improvement Project No. 1996 -18, Routine Well Maintenance at Well No. 10 is hereby established. 2. The City Engineer is hereby directed to receive quotations for said Improvement Project No. 1996 -18. 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: t whereupon said resolution was declared duly passed and adopted. A pOKLYN CEpt BROOKLYN CENTER F9 POLICE DEPARTMENT • POLICE MEMORANDUM TO: City Manager Michael McCauley FROM: Chief Scott Kline 1 �� , DATE: November 1, 1996 SUBJECT: New Liquor License / On -Sale Wine & Non - Intoxication Malt Liquor Yuns' Restaurants Inc., dba/DennyIs #6887, 6401 James Circle Yun's Restaurants Inc., dba/Denny's #6887 has applied for an On -sale wine/Non- intoxicating malt liquor license. They plan their grand opening for December 8, 1996. Yun's Restaurants Inc. is a Minnesota corporation formed on 5/1/96 by the Yun family for the purpose of opening up the new Denny's at 6401 James Circle in Brooklyn Center. The officers of the corporation are all Yun family members. The corporate president is Mija Landenberger, • the oldest sister, the vice president is the middle sibling and Mija's brother, Sang -Neon Yun, and the treasurer is the youngest brother, Sang Kun Yun. Yun's Restaurant Inc. is a legally organized corporation doing business in good standing with the State of Minnesota. This restaurant is a franchised restaurant and is not specifically licensed through Denny's corporate offices. Yun's Restaurants Inc. is required by the State of Minnesota, Liquor Control Division, to also obtain a buyer's card and they have filled out all necessary paperwork for this. In lieu of obtaining two separate approvals from the council, one being for a one month license for December, 1996 and one for the 1997 liquor license renewal, it is requested that a 1996 license be issued to Yun's Restaurants Inc., dba/Denny's #6887 to run from 12/1/96 through 12/31/97. The Department of Public Safety, Liquor Control Division, has been advised that the city will be issuing a liquor license for the time period 12/1/96 through 12/31/97 to simplify and facilitate the licensing process and they have no problem with the issuance of a liquor license for this time period. Nothing was found in the background investigation that would preclude Yun's Restaurants Inc. from being issued a liquor license. All appropriate fees for 1996 and 1997 have been submitted along with all required documentation. It is requested that the Brooklyn Center City Council approve a On -sale Wine and Non - intoxicating Malt Liquor license in the name of Yun's Restaurants Inc., dba/Denny's #6887 for the license period of 12/1/96 through 12/31/97 per Department of Public Safety Liquor Control Division recommendation. 96dennylmem • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING ISSUANCE OF AN ON -SALE WINE AND NON INTOXICATING LIQUOR (BEER) LICENSE TO YUN'S RESTAURANT INC. DBA/DENNY'S #6887 WHEREAS Yun's Restaurant 87 has a r - ant Inc., dba Denny's 68 s pplied for an On-Sale S Wine and Non - intoxicating liquor license for its establishment located at 6401 James Circle within the City of Brooklyn Center; and WHEREAS, Yun's Restaurants Inc. is a Minnesota corporation; WHEREAS, per the Department of Public Safety, Liquor Control Division, it has been recommended that a liquor license be approved for the time period of 12/1/96 through 12/31/97; and WHEREAS, Yun's Restaurants Inc. has submitted all appropriate fees and necessary documentation for 1996 and 1997 and a thorough background investigation has been conducted by the Brooklyn Center Police Department regarding the corporate officers and the corporation itself Y P g g IP � . and nothing was found in that investigation that would preclude the issuance of a liquor license to • Yun's Restaurants Inc. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the issuance of an On -Sale Wine and Non - intoxicating Liquor License to Yun's Restaurants Inc. dba/Denny's #6887 for the license period of 12/1/96 through 12/31/97, is hereby approved. Date Mayor ATTEST: Deputy 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: November 5, 1996 TO: Michael McCauley, City Manager FROM: Scott Brink, City Enginee'CA SUBJECT: Final Plat Approval - FRIDAYS ADDITION Summary Explanation On October 28, 1996, the City Council approved Planning Commission Application Number 96019, providing for preliminary plat approval for the development of property located along the north side of Freeway Boulevard, west of the Schmitt Music property. The applicant (Landform Engineering) is proposing to develop the site into a Country Inn and Suites Hotel, TGIFridays Restaurant, and a future restaurant to be determined. Construction of the hotel and TGIFridays is already underway. Attached are past reports and minutes from previous Planning Commission and City Council meetings. As previously discussed, the preliminary plat was approved subject to additional conditions. Approval of the final plat would also be based on the condition that any outstanding conditions are met, including the following key conditions: 1. The applicant shall enter into a maintenance and utility agreement with the City. 2. Reproducible mylars must also be submitted for signature. 3. Additional requirements of the preliminary plat approval are completed. The applicant has also submitted the appropriate application and fee. Recommended City Council Action Approve the final plat of FRIDAYS ADDITION, subject to the conditions as described. Member introduced the following resolution and moved its t adoption: RESOLUTION NO. _ RESOLUTION APPROVING FINAL PLAT, FRIDAYS ADDITION WHEREAS, the Brooklyn Center City Council on October 28 1996 approved Y Y PP Planning Commission Application 96019, providing preliminary plat approval for property along Freeway Boulevard, submitted by Landform Engineering Company, representing the property owner; and WHEREAS, Landform Engineering Company, as a representative of the property owner, has submitted an application for Final Plat Approval as required by the City Code; and WHEREAS, said application has been reviewed and approved subject to conditions as established under the preliminary plat approval. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. A Final Plat submitted by Landform Engineering company is hereby approved by the City Council, subject to any outstanding conditions as required by the City or Hennepin County. 2. The property owner shall enter into a maintenance and utility agreement with the City as a condition of final plat approval. 3. Remaining requirements of the preliminary plat approval are completed. 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. P : -IlI1I - CUCnmIJ5IUR Information Si1Ctt Application No: 96019 • Apoiicant: Landtorm Engineering, Comoxiv Location: 'North Side of Free Westerly of Sc hunitt Music Request: Preliminary Plat Tile aooiicant is seeking preliminary plat approval to subdivide into threL- lots the 13.09 acre arc,-[ of land t. P Located on the north side � � r o' e v v r i F. _ a Bo u leva r d. weste of the Scrrnin Music site. The property is the site or the proposed T. G. I. Fridays Restaurant. an 35 unit Country Inn and Suites ; iotel and a CuEure. vet undetermined. 250 seat restaurant ail of which were aooroved recently under Planning Commission Application Rio. 96012. T ne propeny under consideration was recently rezoned to PUD /1 - (Planned Unit DCvelopmenulndustrial Park) and is bounded on the north by Shingle Creek and the Shingle Creep greenstrip easement area; on the east by the Schmitt Music property; on the south by Free:vav Boulevard with 1 -94 right -of-way on the opposite side: and on the west by the Shin'71C Creek Plaza II office! industrial building. _ The current le,at description ofthe procerrr is Tract C. Registered Land curve: No. 1377. The ne'v !e',al descr,otion is proposed to be Lots 1. ? and 3. Block 1. Friday *s Addition. The purpose OC[ sepa subdivision � t + n is to create three 1e�7y1 Lots bas..., on - :l.i•.,separate uses of the r h. site. The to t H would be i.:e_�ilarl� spaced so as to contain adequate parking for each of the secarare uses and to also divide the existing wetta.nd and tiood plain lain area proportionately be-.,veen the three procerLies. Lot 1, wriich is the site of the T. G. I. F:idav's Restaurant. is proposed to be 3.96 acres in area. Lot ?. whica is the site of the 85 Knit CouIItry [,-in and Suites is proposed to be 5.30 acres In area. r r of 3, which is th site Or the 250 seat. ve: unde e.:llined rdsLauranc. is proposed to be 3.$2 acres In area. The proposed plat. based on the approved site clan paid access to the site. will require the need for appropriate cross access and parking agetrnents. However. this proposal will *lot require the nee "Or an ou - Site accessory parking spe ;ai',Ize pe=ic like th Rainbow proposal. b ecaus e :here 1 ;VU. ue adequate parking provided on each of the three lots to meet Cher owzi par 'ndecende alt Or ir..... Its , . aCII ot� er. `CC :He par:Qn� Su.^. - nary prov iced SC.t)"7:,g Li';e 0 C k 0v,-, 0 r plus ing spaces i0r'boEh o1 ::?e sitCS. - TPIS Site aS rece;yed SnlnQ e Creek ir`'aLerSied ManaQC'r C ^.L COrilCiilSSion r,­:lew a approval " � C 0 `'sC`- - pre y;ill S reyldw Or the si :e at L. t M Or :he pian -r-ed u'ni: etO t approval O- Octss. "+0 ft'r Her are neceSJ— �` V.. C: �' � �Q •- •,�„� :J ..°. ; inC tl He vrtlim -: Ia , subi L..,e' -.�... d Qr_.., a -ional !� -? _(Z comments roc the Plannin` Commissions corisiueration. • A public hcarin`, has been scheduled a notice oC[he Planning, Commission's consideration has been published in the Brooklyn Center JurUPost. RECO�I�tEyD ATION The preliminary plat appears to be in order and approval is ce::ommended subject to at. least the foliowin- conditions: L The final plat is subject to review and approval by the City Engineer. I The final plat is subject to the provisions of Chapter 15 of the city ordinances. =. .appropriate cross access and carkimz agreements, as determined by the City :a shall, be executed prior to tinal plat approval and be filed with Hennepin County as par of the .final plat. • D�c� :�: __ � . AVt: —I�., !_(_1.1.1.1 - __ _ _ �_ _ ff 11�_, / +. , c '1 �� �� -_�I, 1 II(( a I I ( � I i I =I II�I' i " - - Z�� �. / / / /`.- — — — \ _ , t , t� t_ _ ��. �, J_� rJ J iIII AVE — it - !YIIK -I. Alt !L (�<�_(_1 � - '� � \ \ c3' l�� III , ___ _ l Lj A r 11 _ ....__ _ 11 . _�_� (MASIIIMIIW AVIi 11 l �_� � - — — — — - \ t� � . •4, aY `\ •�` -�\. ! 111:2 � �;'` ,� q.Lq. T I ---------- g cf) 1 1. \ �_ 11Q_ (�� (: .. � ------ I 3z 14 CJ - it . L, ..I - `�. -�� , ` •1�:/ ' 13 31 U I I I Ifi 1 ,�• 51 11 111 pit .I.!`!_!_!-( 1 . ' !- l- I.1 = .!_I_I_ �A1tiS AV + \��( + _ flOM1 ON ^ �� _ t ti[��i l�l_L- 1.11.1.:1.11 =i= _�_� =� =i II I_I�I_ \X.f _ _--_ -� II.(I lit. 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Buac mapping and .cialvny cuna.bona *60— hsrscn ..re w1a +..J barn v IN ` 3./cAGtttl _ ° 'ti �•.. / E \1 ( .�\ londloun Eayinccru.y Co ... pa „y. E C \` \ ) R 6. Accud,ny to the City at 6raGllyn Center the propsrly d.acr•L.J nc,e - n is p�\ Z 1 ..� (`.♦\ ), d /d'� � - _ Sunda PUU 11 ..J nu. It.. 14,110..n9 WGOCk ny...rsmcnl. .,�•t �. \ aS /y��\�\ OWIUWG PANHWG Frail - 50 real flank - III Feet ♦ \\ ra / (� \. 1 Ti l ``� S.o. - to Feel Side - to fall E I. In# piaycrly d.scrd,cJ nercan is In flood Zones C. 8. and Al per fe -OerW ;.� ( .� Ol N.la .m nce Hot. Loop C4,11 —ly P..0 140 270151 0W2 U. JJI.J f,L.uu.y LOT 2 (( (� 1). 1961 \'•� + r r �i�. x \ AIIEA.. 744,1W Fr. • \ ��. °'' \'. •'� •. \ �_� uE \TL UF•L n. \� ✓ / 8.41 ACHE• 1111 ~' • , l^ {' .M. • Fa W. 041.3. II.AS 1 )3731 4 S/ � t . \ e.,NN a 1.1.14 a .� ! ()1.) lc3l LOT \3 l \ •l� L-a r N.'.•. 111 �_-- •;�'� \\ �a �. f011ilrf O.rcS CC511A 9 1 1 S J ` 1. \ 13:,W YwldawU , �- '. �. • A/ `� .. 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Ha n.1 EGA)I, FIELD a f4owAx ItI.c, 9UHVEYOR9 1'AHKIM; 3OMMA11Y ...r rr r .�rrr ..r r.` , f .rift rl •' nr, n.rll ^.r fl rr .r.. ... r r�l rir ) 'r•I r .r•il rlu 7 fr�l. n�f /7 NMI (,(lflfnr "I -, 11(� rfr7^.'fi, f p'. Ir1 Ul 1,•11: - Ili IAII' - I nvr. llrlr7•II i .. •1 �IAlli / nl tlAllr / rf•l! 711 '.f Af - MCI ^IAII i fl 11'n _ 1 it Alti / i;7 rfAllI , rf .) ^r'!f rAnr fl!� J'�17 `�I F 1 i - fl i jl Al Irl It Ir• . StAl( i / / Ir)IAf IUl ^IAII rt'•)•.Ir 1) VA r, rv; 1'•'r ilnll i 1 ( // 1 / r TOTAL 911E v(oAvr(l rAVrrv. - lql .fAcLi r'v(MJF(I vAOr rA;; /'lJ 91Ai15 AREA SU"MAUY pt bi AlAl rr �r•r rr,�••�•.rr ,nJ •. 1 C i // �• ' / � / /i i / /�•` •nur o-,r., , . 7 +na, r, i - J`�� � � {!i 'l �I%� //� r ' •r.• C♦rrl V'vr rvfl nnp 7 / �•� // � y• •'� / %•/ / rrc •rr• nnr„ Al tr. :�1f t)�!J / , / .. y ll / /' /rr �\ (�J • V City of Brooklyn Center A great place to start. A great place to stay. MEMORANDUM TO: Michael J. McCauley, City Mana er FROM: Sharon Knutson, City Clerk DATE: November 7, 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 November 12,1996: • CHRISTMAS TREE SALES GMGSC Troop #1789 2000 57th Ave. N. PQT Company 5040 Brooklyn Blvd. PQT Company 5801 Xerxes Ave. N. RENTAL DWELLINGS Initial: Sharon McGary 6812 Fremont Place N. SIGN HANGER Sign Source, Inc. 7801 Park Drive • 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer CITY OF BROOKLYN CENTER 8 a-., Notice is hereby given that a public hearing will be held on the 12th day of November 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 X69 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AiMENDING 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 passage and 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.) City of Brooklyn Center A great place to start. A great place to stay. BROOKLYN CENTER CHARTLR COMMISSION TO: Mayor Kragness Councilmember Kathleen Carmody Councilmember Kristin Mann Councilmernber Debra Ililstrom Councilmember Charles Nichols, Sr. .1 D 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. 'llie 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." 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 Commission 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, ibIN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Aff rmatiue Action 1 Equal Opportunities Employer Section 5.09. 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 yinnesota, to propose amendments to this charter. yfli NI ESOTA 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 oa 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 period, 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 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 REFERENDUyf. 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 next regular municipal election, pending which the ordinance shall remain suspended. U a majority of the voters voting on the ordinance is opposed to the ordinance, it shall not become effective; but if a majority of the voters favor the ordinance, it shall go into effect immediately or on the date therein specified. -10- CH AYTER 6 ADMIMSTRATION OF CITY AFFAIRS Section 6.01 THE CITY MANAGER 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. The 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 erson designated P gn d by the Council as actin manager. ger. Section 6.02. POWERS AiYD DUTIES OF THE CITY MA1vAGER. I 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 City's affairs. The City Manager shall have the powers and duties set forth in the following subdivisions. Subdivision 2. The City Manager 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 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 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. t (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 CENTER 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 AMENDING CHAPTER 6 OF THE BROOKLYN CENTER CITY CHARTER 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 passage. Adopted this day of , 1996. ivlayor Myrna Kragness ATTEST: Deputy Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter.) e T KENNEDY & GRAVEN cx..xr AAIOr Is u L.a+ - 1. %"M 1. T9omsom t70 Pdhbur7 Center, W=DCxP0li5, 'Wwneaou S54a LUU(Y XC Wtartim+ RoazxT A. Auor (61- 137.9300 Bo"t L Vrm xrs BAucz.vC Urrx .soN lox T. YA.tic RONALD EL DAM Fxsk ik (611) 337 -9310 STEMD( J. BVSVL Jour & DE-s-4 D.vm L CRAIMN (IT.9.l90t1 DAxmL J. GR=Nswar D.kvm J. S3N -rFDY Of COUT6CL CuAxt- S L Upryme RDZZIr C. CAAL$ON Joffi+ M. LOVe L xL wRrrER'S DERECT DEAL Roat[RT L DA16MMN RourrJ. LzmALL (4U) W-#Z13 W2Ltu:otoN Ft V W Yovsxr C L.oNC FLOYD a OL"N JAxm S(. Srso►nw.Y Couutit EL TeowoN Cams e. PSJlSON May 22, 1996 T. Jw: ..9., Sy Knapp Bolton & tifenk, Inc. 1515 East Hwy. 13 Burnsville, MN 55337 RE: Charter Section 6.02, Subd. 3(a) Dcar Sy: e On behalf of the Charter Commission, you have asked for my comment on the legal and practical 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 matter, there could be some advantages to allowing the manager to make such decisions without radfication by the city council. Hiring and firing decisions can expose a city to liability if not handled properly. Such decisions involve issues of the Civil Rights Act, the Human 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 actually result in avoiding liability. However, the rp ocess of making the decision is complicated by involvement 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 case 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 applicants for city employment, ploynt, the data generated in the process and used during t decision making 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. There may be instances in which the reason that a • Sy Knapp flay 22, 1996 Page 2 dismissed employee brings suit against the city s the belief that his or her reputation has been g g ty eP 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 land 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 i£ private personnel dam 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 to the Open Meeting Law authorizes an executive session. The most common exceptions to the Open Meeting Law for discussion of persrsonneI 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 nature 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 indiv:,ival subject to its authority. This exception would apply to a performance evaluation of the city manager because the city manager is subject to its authority it would not justify I y c osing a meeting to decide whether to hire or fire a departn=c head. Therefore, involvement of the council in these decision brings the decisions out into a p ublic f orum p ors Additionally, although he n Meeting Law requires such meetings to be is an o � � g � g pen u i p bile forum, the private personnel data still maintains its classification as P rivate data. Therefor the council will not violate the Data Practices Act by a public discussion of private personnel data at a city council meting, but any other release or disclosure of the same data will be a violation of the Dana Practices Act. This can create a problem for city council members who may be criticised 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 probl n - can arise because city council members tray 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, rulings, 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. ;.toss 10 SR 291 - • Sy Knapp May 22, 1996 Page 3 1 should note that the problems with council involvement which are described above are not insurmountable. They are the same problems faced by cities which are not organized under the council/manager form of govemmenL However, they are problems which would not arise if the city manager's decision were final, and council ratification were not required. Other problems with the Charter provision are more practical or political than legal in natur e. The_ charter provision seems to be a compromise between a pure c C 3 1 v government where the Professional p iVmanager form of p s al manager is intrusted with all hiring and {ring decisions to addition to other personnel administration, and other forms of g ger form of overnment where the city council us advantage of the councnl/mana has a larger role. The obvious overnment is that all administrative authority is vested in the city manager. This makes for clear lints of responsibility and authority, and apparently the charter commission felt that the advantages of this form of government were sufficient to justify entrusting the manager with the authority for all hirings and firings of employees except for department heads. e 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 lest with the city council. This can blur the limes of authority and respo nsibil i t y, and ' may A po tY• Y y seek to form alliances with council member and undermine the authority of the chief executive officer. Although this charter provision gives the council more control over luring and firing decisions, it can also place council members in an uncomfortable position if employees attempt to go around the city manager. Employees may also seek to involve others, outside or city goverzunent, who have political influence to aid them in disputes with the city manager, with the 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 coup . cnU er form of mana ov g 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 free to give me a calL Very truly yours, Charles L. LeFcv ere • CLL:clu �LL:OSC:3 8;291 -7 (LMC L45 Uni ,,ersity Avenue West, 5t. Paul M:1 55103-2044 Lwagw of M innadota 06.LS (- 6 ane: (612) 281 -1200 • (800) '25-1122 Gh.. yrorwo4ngari1nnt Fax: (612) 231 -1299 • TDD (612) 281 -1290 May 20, 1996 Sy Knapp Charter Commissioner City of Brooklyn Center 7221 Riverdale Road Brooklyn Center, NIN 55430 Dear Mr. Knapp: Enclosed are two League research memos that discuss the differences between the positions of ry manager p er and city t �l admirusuator 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 notice, the primary difference is that a city manager, as that term is used for statutory cities, can hire and fire employees 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 confuse 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 to appoint department heads is subject to council approval. AIthough 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 court 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 check and balance on the power of the manager helping to keep employee concern and loyalty on e y ty t he side of c elected d body instead of an appointed position, and it could help ensure that proper hiring procedures are being followed to m inimiz e the risk of the city being sued for discrimination, 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 making process, and it means that more people are involved, many of whom may not be adequately trained on lawful hiring practices thus actually increasing the risk of unlawful questions being asked at interviews and �V CC�U.aL OPPORTUNITYIA.FFLP- %Ly %G ACTION EMPLOYER ©' d �kilO1 other unlawful practices being inadvertently used. I hope that [his information will be of some assistance to you and the rest of the charier commission as it reviews possible amendments to the charter. If I can be of any f u assistance, please feel free to contact me again. Kent Sulern Codification ,attorney Enc. • MEMORANDUM DATE: November 5, 1996 TO: Michael McCauley, City Manager FROM: Scott Brink, City Engineer 9 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. On October 15, 1996, the City Council conducted the first reading of the ordinance and ordered a public hearing to be held on November 12, 1996. A notice of public hearing was published in the City's official newspaper. Other private utilities have not been contacted since this a sewer easement exclusively and the other utilities are not affected. Recommended City Council Action It is recommended that the City Council approve the attached ordinance authorizing the vacation of said easement. • CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 12th day of November 1996, 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 Vacating Part of a Sanitary Sewer Easement within Tract C, Registered Land Survey Number 1377, Hennepin County, Minnesota. v 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. ORDNANCE NO. AN ORDNANCE 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 part of a sanitary sewer easement in Tract C, Registered Land 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: That 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 1 st 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 4' 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. ORDINANCE 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.) n \� Ol \ rai J � N VIII ,� nT 4 ,p ni M 1 1 �m ^ v g !i) 1U ._ 9•_41" Y� �,n..):� - v 13,9 O 41 M 1 :c, tl ZZ. n9 O� �0 w co 0 Al � 46 / X35..'".,• 1 1 1 � \,� (� 4e1 11 �Q 517•_56'37 E 11 1 O� E 1 •/ • 51B' ,OD� 1 1 � 1 8� MEMORANDUM • DATE: November 5, 1996 TO: Michael McCauley, City Manager FROM: Scott Brink, City Engineer` 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. On October 15, 1996, the City Council conducted the first reading of the ordinance and ordered a . public hearing to be held on November 12, 1996. A notice of public hearing was also published in the City's official newspaper. 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, and no negative comments have been received. Recommended City Council Action It is recommended that the City Council approve the attached ordinance authorizing the vacation of said easement. • CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 12th day of November, 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 Vacating Part of a Utility Easement 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.) U t 2 2 L L � t, t Cl C - - -- - -- 252.00- NOfRTIi - - -- — d 5.00 >,. 1 >. ��SZ - - - - -- -- - -- - -- -- -- - -- -- - - -- ! I l) ,I a op„, I- ct I la N 0\ Lit f it �l INC (/1 o y o 0 1 i D C� Vl Q �r O City Council Agenda Item 9a Presentation b Roger Peterson of Association Metropolitan y g ion of Metropo Municipalities (AMM) Regarding Property Taxes, Fiscal Disparities, and Local Government Aid Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF ROBERT MICKELSON FOR HIS DEDICATED PUBLIC SERVICE ON THE CHARTER COMMISSION WHEREAS, Robert Mickelson has served on the Brooklyn Center Charter Commission from February 14, 1993, to August 28, 1996; and WHEREAS, Robert Mickelson has served as Rules /Parliamentarian Chair, and a member of various ad hoc committees during his term; and WHEREAS, his public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, his leadership and expertise has been greatly appreciated by the Brooklyn Center Charter Commission; and WHEREAS, it is highly appropriate that his service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the dedicated public service of Robert Mickelson is hereby recognized and appreciated by the City of Brooklyn Center. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • qc Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF TONY KUEFLER FOR HIS DEDICATED PUBLIC SERVICE ON THE CHARTER COMMISSION WHEREAS, Tony Kuefler has served on the Brooklyn Center Charter Commission from November 10, 1986, to September 18, 1996; and WHEREAS, Tony Kuefler has served as Audit Chair, and a Chair /member of many various ad hoc committees during his term; and WHEREAS, his public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, his leadership and expertise has been greatly appreciated by the Brooklyn Center Charter Commission; and WHEREAS, it is highly appropriate that his service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the dedicated public service of Tony Kuefler is hereby recognized and appreciated by the City of Brooklyn Center. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • • MEM To: Michael J. McCauley, City Manager �� From: Ronald A. Warren, Planning and Zoning Specialist Riau• ' Subject: Emergency Ordinance Extending the Moratorium on the Siting of Adult Establishments Date: November 6, 1996 On the November 12, 1996 City Council agenda is an emergency ordinance extending the moratorium on the siting of adult establishments. The City Council, on October 28, 1996 had a first reading on an ordinance amendment which would extend the moratorium on siting of adult establishments from its current November 30, 1996 deadline until March 30, 1997. This ordinance amendment, following the normal ordinance procedure, will not become effective until sometime around the middle of December. This would create an approximate two week gap where the moratorium would not be in effect. To avoid this gap an emergency ordinance which would become effective upon adoption by the City Council at the November 12 meeting has been prepared by the City Attorney and will be offered for the City Council's consideration. The emergency ordinance would extend the moratorium for 60 days immediately and would expire after the City Council has had the opportunity for public hearing and the required publication for the standard ordinance. It is recommended that the City ouncil adopt the emergency ordinance extending the tY P g Y o g moratorium on the siting of adult establishments as prepared by the City Attorney to avoid any lapse in the moratorium. • CITY OF BROOKLYN CENTER • ORDINANCE NO. AN EMERGENCY ORDINANCE EXTENDING THE MORATORIUM ON THE SITING OF ADULT ESTABLISHMENTS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Background 1.0l.' On March 27, 1995, the City Council adopted Ordinance No. 95 -02 entitled, AN ORDINANCE PLACING A MORATORIUM ON THE SITING OF ADULT ESTABLISHMENTS WITHIN ANY ZONING DISTRICT OF THE CITY OF BROOKLYN CENTER; AND DIRECTING A STUDY TO BE CONDUCTED, which ordinance was extended by Ordinance No. 96 -04. 1.02. The City Council finds that additional time is needed to complete the study provided for in Ordinance No. 95 -02 and that an extension of said ordinance is necessary for the purpose of protecting the planning process and the health, safety and welfare of the citizens of the City and to ensure that the City and its citizens retain the benefits of the i City's Comprehensive Plan and Zoning Ordinance until the study is completed and any modifications to the City's zoning and land use regulations are adopted. 1.03. The City Council has had first reading on an ordinance extending the moratorium until March 30, 1997. However, that ordinance will not become effective until after the expiration date of the moratorium as extended by ordinance No. 96 -04. Therefore, the Council finds that an emergency exists and that the adoption of this emergency ordinance is necessary, pursuant to Section 3.06 of the City Charter. Section 2. Amendment Section 6 of the Ordinance No. 95 -02 as amended by Ordinance No. 96 -04 is extended for sixty (60) days from the adoption of this ordinance. • ORDINANCE NO. Section 3. Effective Date This ordinance shall take effect immediately upon adoption. Adopted this day of , 1996. Mayor ATTEST: City Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter.) 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: November 4, 1996 SUBJECT: Joint City Council/Park and Recreation Commission Meeting Attached is correspondence from the Chair of the Park and Recreation Commission requesting that the joint meeting between the City Council and the Park and Recreation Commission be rescheduled after the 1 st of the year. I would request that the November 18, 1996, 7 p.m. be rescheduled as a general City Council work session. In addition to the general work session format, this would provide an additional scheduled opportunity to work on the budget. 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 MEMORANDUM Date: October 25, 1996 To: Mayor Myrna Kra City Council Members From: Bud�Sorenson, Chairman, Parl d Recreation Commission Subject: Joint City Council /Parks and Recreation Commission Meeting At our October 15 meeting, the Parks and Recreation Commission discussed possible agenda items for the November 18 joint meeting with the Ci ty Council. It was the consensus of the • Commission that they like t f y o ocus a a�enda items on olic related issues. P Y As you may know, the Parks and Recreation Commission is in the process of updating the Parks and Recreation Policy Plan. It was the hope of the Commission to have this revision completed prior to a joint meeting with the Council. The completed plan would then allow the Commission and Council to discuss and agree upon the guiding principles of parks and recreation programming and facilities. With this in mind, the Parks and Recreation Commission requests that a joint meeting with the City Council be postponed until sometime after the first of the year. This will allow us the necessary time to complete the updating of the policy plan. Please feel free to contact me if you have any questions regarding the request. If the Council is amenable to os oning the _ p tp � meeting, please contact our staff liaison Jun Glasoe at 569 340. He will then inform the Commission members. cc: Michael McCauley, City Manager • Jim Glasoe, Staff Liaison ��pOKLYN CFpt BROOKLYN CENTER POLICE DEPARTMENT POLICE MEMORANDUM TO: City Manager Michael McCauley FROM: Chief Scott Kline DATE: November 7, 1996 SUBJECT: MCD Status Report At this time, the police department has, in conjunction with LOGIS, completed the classroom training for all sworn personnel and dispatchers in the use and operation of the new MCD's and have begun hands on training in the squads on an individual basis with officers and sergeants. The mountings in the squad cars have been delayed by being able to fit our installs in with other work which Streichers has contracts for, but at this time, there are six units in live operation in the squad cars with the remainder to be completed the week of November 11 -15, 1996. Operation of the units thus far has been relatively bug free and all comments from those who have had an opportunity to test the unit in the squads has been favorable as far as ease of operation and the ability to extract information needed. Those officers that I have personally talked to about the units and their ability to communicate with them, have all given me positive feedback as to ease of operation and usefulness of the information obtained. As officers return to work or come back from vacations, we will continue the one on one training until all become familiarized in the squad with the units. SK:kh mdtstaWmem q y - • MEMORANDUM Date: November 9, 1994 To: Michael McCauley, City Manager From: Joyce Gulseth, Public Services Administrative Aide � � i f � Subject: Resolution Expressing Recognition and Appreciation for the Public Service of Organizations participating in Brooklyn Center's Adopt -A -Park, Adopt -A- Trail, and Adopt -a- Street Programs After five years and countless filled trash bags, the Adopt- A- Park/Trail /Street Program continues to grow and volunteer groups continue to request the opportunity to be involved in more activities than simply periodic garbage pickup. The program is supported by 40 groups or individuals who generously donate their time and energy in personal commitments to provide a cleaner and safer community. The volunteer groups represent a cross - section of the community including service organizations, employee groups, schools, scouts, and neighborhood groups. The organizations have been recognized by small signs at their adopted facilities. One of the sites, the Arboretum, started taking on a new look about three years ago when Carol Stauber and Betty Muellner expressed interest in developing wildflower gardens. Through their diligent efforts the gardens are beginning to mature and offer a touch of splendor to the Arboretum. The Arboretum was a hub of activity on June 22, when more than 50 employees of Dayton's and Mervyn's California participated in their National Volunteer Day. Armed with rakes, shovels, clippers, enthusiasm and a lot of energy, the volunteers grubbed out the overlook area, cleared an area to plant a tree they donated, and assisted Stauber and Muellner in weeding, tilling and planting in the wildflower gardens. At the beginning of the 1996 season 20 groups had fulfilled their two -year commitment and were offered an opportunity to extend their adoption for another two -year period. Nineteen groups chose to extend their commitment and the one site not extended was immediately adopted by another group. I am excited about the stability of the program as we enter the sixth year. A listing of the volunteer groups and their adopted facilities is attached. The attached resolution thanks the groups for their commitment to this program. • ADOPT-A-PARK/TRAIL/STREET 1996 The following individuals, groups and organizations and their adopted sites include: ................. .............. .......... ...... ............ .. .... . .. .. .. .... ....... ...... ................ ... . ....... ..... S . ..... ... .... . .... . .... ...... .. . ....... ..N I .... S.� ............. Arboretum Region B Campfire Boys and Girls County Road 10 Brooklyn United Methodist Bellvue Brooklyn Center Lioness Club Church Bob Cahlander Park Todd Paulson Family Dupont Avenue North Looney Weavers Brooklane Garden City Elementary Freeway Blvd. East Barnacle Bill's Steak & Central B.C. Rotary Club Freeway Blvd. West Minneapolis North Hilton Evergreen Park Evergreen Park School & PTO Humboldt Avenue Hi-Crest Rental Homes Shingle Bullfrogs & Butterflies Childcare le Creek Pkwy N BC Employee Action Committee t, Firehouse Park Brooklyn Center Charter Commission Shingle Creek Pkwy S Target, B.C. "Good Neighbors" Freeway Park Friends of Freeway Park Summit Drive Allina Receivable Services Garden City Park Brookpark Dental Center West River Road — [Tverwood Neighbors Grandview Children's World and Earle Brown Elementary ............ ........... . ..... ............. .... I ..... . . ............ ...................... ........ . ... .: . ... ................................ . . ............. ...... ..... ....... ... Happy Hollow Boy Scout Troop #401 ......... . X-5 ......... ................. .... ..... ...... ......................................... Kylawn Girl Scout Troop #1606 Lilac Drive B.C. Lions Club Lakeside Park Park & Recreation Commission Shingle Creek North Brooklyn Swim Club Lions Park Girl Scout Troop #1789 Shingle Creek South B.C. Community Oriented Policing Marlin Park Park & Recreation Commission Northport Girl Scout Troop #1081 Orchard Park Kids On The Move Daycare Palmer Lake East Kathleen Carmody Palmer Lake West Palmer Lake Elementary Riverdale Friends of Riverdale Park River Ridge Cub Scouts - Pack 401* Shingle Creek Park N Children's Residential Services Twin Lake North Ray Beach Twin Lake Penninsula Tim Olson Wangstad Brookdale Chrysler Plymouth Willow Lane Willow Lane Student Council and Girl Scout Troop #759 Member introduced the following resolution and moved • its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE PUBLIC SERVICE OF ORGANIZATIONS PARTICIPATING IN BROOKLYN CENTER'S ADOPT -A -PARK, ADOPT -A- TRAIL, AND ADOPT -A- STREET PROGRAMS WHEREAS, the City Council of the City of Brooklyn Center determined that it is in the City's interest to operate volunteer programs that involve the community in the maintenance of city parks, trails, and streets; and WHEREAS, the following organizations have generously volunteered their time and energy participating in the Adopt -A -Park, Adopt -A- Trail, and Adopt -A -Street programs; and WHEREAS, it is appropriate that their service to the community be recognized. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the ublic service of the following groups is hereby recognized P gg P Y g and appreciated: Allina Receivable Services Friends of Riverdale Park Barnacle Bill's Steak & Seafood Garden City Elementary Boy Scout Troop #401 Girl Scout Troop #1081 Brookdale Chrysler Plymouth Girl Scout Troop #1606 Brooklyn Center Charter Commission Girl Scout Troop #1789 Brooklyn Center City Employee Action Committee Girl Scout Troop #759 Brooklyn Center Community Oriented Policing Hi -Crest Rental Homes Brooklyn Center Lions Club Kathleen Carmody and Family Brooklyn Center Lioness Club Kids On The Move Daycare Brooklyn Center Rotary Club Looney Weavers Brooklyn Swim Club Minneapolis North Hilton Staff Brooklyn United Methodist Church Palmer Lake Elementary Brookpark Dental Center Park & Recreation Commission Bullfrogs & Butterflies Child Care Ray and Dolores Beach Children's World Region B Campfire Boys and Girls Children's Residential Services Riverwood Neighbors Cub Scouts - Den 5 - Pack 401 Target, Brooklyn Center "Good Neighbors" Earle Brown Elementary Tim Olson Evergreen Park School & PTO Todd Paulson Family Friends of Freeway Park Willow Lane Student Council • RESOLUTION NO. • Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • • MEMORANDUM • DATE: November 5, 1996 TO: Michael McCauley, City Manager FROM: Scott Brink, City Enginee6* SUBJECT: Final Plat Approval - RAINBOW'S GARDEN CITY ADDITION Summary Explanation On October 28, 1996, the City Council approved Planning Commission Application Number 96018, providing for the preliminary plat approval of property located at the northeast corner of the intersection of Brooklyn Boulevard and 63rd Avenue North. The applicant is proposing to develop the site into a Rainbow Foods Supermarket. Attached are past reports and minutes from previous Planning Commission and City Council meetings. As previously discussed, the preliminary plat was approved subject to several additional conditions. Approval of the final plat would also be based on the condition that any outstanding conditions are met, including the following key conditions: 1. The property owner agrees to provide the City financial assurance that the existing building structure shall be demolished and removed, prior to the City authorizing final execution (signing) of the plat and filing. 2. The applicant shall submit easement descriptions and conveyances for any and all additional easements required by the City Engineer. Additional easements essentially include sidewalk and storm water ponding areas. 3. Reproducible mylars must also be submitted for signature. 4. The property owner agrees to enter into a maintenance and utility agreement with the City, prior to development of the property. 5. All other requirements and conditions of the preliminary plat approval are completed. The applicant has submitted the appropriate application, fee, and the City Attorney has also reviewed appropriately.. Recommended City Council Action • Approve the final plat of RAINBOW'S GARDEN CITY ADDITION, subject to the conditions as described. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. _ RESOLUTION APPROVING FINAL PLAT, RAINBOW'S GARDEN CITY ADDITION WHEREAS, the Brooklyn Center City Council on October 28, 1996, approved Planning Commission Application 96018, providing preliminary plat approval for property at 63rd Avenue North and Brooklyn Boulevard, submitted by Landform Engineering Company, representing the property owner; and WHEREAS, Landform Engineering Company, as a representative of the property owner, has submitted an application for Final Plat Approval as required by the City Code; and WHEREAS, said application has been reviewed and approved subject to conditions as established under the preliminary plat approval. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: • 1. A Final Plat submitted by Landform Engineering Company is hereby approved by the City Council, subject to any outstanding conditions as required by the City or Hennepin County. 2. The property owner agrees to provide the City financial assurance that the existing building structure shall be demolished and removed, prior to the City authorizing final execution (signing) of the plat and filing. 3. The applicant shall submit easement descriptions and conveyances for any and all additional easements required by the City Engineer. 4. The property owner shall enter into a maintenance and utility agreement with the City as a condition of final plat approval. 5. Additional requirements of the preliminary plat approval are completed to the satisfaction of the City. • • RESOLUTION NO. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • • Planning, Commission Information Sheet .-application No. 96015 Applicant: Landform Engineering Company Location: Northeast Comer of63rd Avenue North and Brooklvn Boulevard Request: Preliminary Plat This application was reviewed by the Planning Commission at its September 26, 1996 meeting and was tabled pending the submission of a special use permit application by the applicant requesting approval of an off -site accessory parkin; arrangement. This application has been submitted and the Commission's attention is directed to the Planning Commission Information Sheet for :application No. 96013. Following review of the special use ermit application. the Commission should again review the P P. ,. preliminary plat application for this same property. RECMM'. The preliminary plat is in order with the recommended approval of Application No. 96013 subject to at least the following conditions: I The final plat is subject to review and approval by the CiR• Engineer. The Final plat is subject to the provisions of Chapter 1; of the City Ordinances. 3. The existing building on the site shad be demolished prior to final plat approval 4 . Preliminary plat approval is subject to the approval of Planning Commission .application No. 96013 for off-site accessory parking. An appropriate document ieaally encumbering a minimum of20 off -sire parking spaces on the proposed Lot for the sole use of the proposed Lot 1 shall be approved by the City :attorney and riled with the final plat for this property. 3. Appropriate cross access and parking agreements. as determined by the City Attomev, shall 'pe executed prior to tinai plat approval and be tiled with Hennepin County as part of this piat. 1 0-11 7 -96 0 age i Planning Commission Information Sheet Application No. 96015 Applicant: Landform Engineering Company Location: Northeast Corner of 63rd Avenue North and Brooklyn Boulevard Request: Preliminary Plat The applicant is seeking preliminary plat approval to subdivide into two lots the property located at the northeast quadrant of 63rd Avenue North and Brooklyn Boulevard. The property in question is zoned C -2 (Commerce) and is the site of the proposed Rainbow Food store redevelopment project including a Rainbow and two other freestanding buildings on the site. The property currently contains an existing, 141,900 sq. ft. building which most recentty housed Builder's Square and a Red Owl Country store. This building is planned for demolition. The property under consideration is bounded on the north by R -1 zoned property occupied by Garden Citv Elementary School and R -5 zoned property containing the Garden City Coup Apartments; on the east by Beard Avenue North with single family homes on the opposite side; on the south by 63rd Avenue North with single family homes and the Citv's fire station/liquor store on the opposite side, and on the west by Brooklyn Boulevard with single family homes on Elie opposite side. The current ieval description of the property is Tracts A and B. Registered Land Survev No. • I i 53. The new Leval description is proposed w be Lots I and 2. Block 1 Rainbow's Garden City Addition. Lot 1 is proposed to be 70.316 sq. ft. (or 1.614 acres) and will be the site of the proposed `Valgreen's pharmacy contemplated under the Rainbow redevelopment proposal approved under Planning Commission Application No. 96008 earlier this year. `Lot 2 is proposed to be 540,798 sq. ft. (or 11413 acres) and would contain the proposed 78,300 sq. ft. Rainbow and other retail outlet and a 9,600 sq. ft. freestanding building proposed for a possible Hollywood Video/Great Clips occupancy. Lot 1 will be an irre-gularly shaped parcel containing 281.95 ft. of frontage along Brooklvn Boulevard. The south property line of this proposed lot will run along the center lire of the proposed southerly access to the site. The north property line is somewhat south of the northerly access to the development site. Lot 2 (or the Rainbow site) will contain approximateiv 400 ft. of frontage alone Brooklyn Boulevard. Tl:e location of the east property line for the proposed Lot 1 would dissect the west end of the existing building on the site. This will require the Need to demolish the existing building prior to final plat approval for this proposal and tiling of the plat with Hennepin_ County. The proposed Lot 1 when superimposed over the site plan approved for the Rainbow deVe'oprrent project. leaves this site 19 parkinz spaces short Of the minimum_ recui.e.:ient for the 13. 5 sq, i1. d: ug pharaiacy buii ding. This :act has been pointed out to the appi nt and .:gust • 9 -26 -96 Pane I be addressed before the final plat is approved. They have two options, one beine to alter the property Line to include 19 more parkin_ spaces on the proposed Lot 1, or the other to file a Planning Commission application for a Special Use Permit to allow for off-site accessory parking to be on Lot 2 and encumbered for the sole use of Lot I. This would necessitate the need to rile another application and establish a public hearing for this proposal. The ro osed plat will require �T P P a need P q for cross access a between the two lots allowing, tree access over the site v g � ` and some cross parkin a r p _ �_e.,ments as well. The existing Tract B which is 30.07 ft. wide contains a;0 ft. roadway easement for Beard .avenue North. It may be simpler to just dedicate the 30 ft. as street right -of -way with this plat. Other than the items mentioned above, the plat appears to be in order. A public hearing has been scheduled and notice of the Planning Commission's consideration has been published in the SuniPost. RECD [END -\TION The preliminary plat can be in order and could be recommended for approval subject to at least the following conditions: 1. The final plat is subject to review and approval by the Cif` Engineer. 2. The final plat is subject to the provisions of Chapter 1; of the City Ordinances. 3. The existing building on the site shall be demolished prior to final plat approval. 4. The proposed Lot 1 shall be expanded to include at least 19 additional parking spaces and the final plat shall reflect this expansion. Appropriate cross access and parking asreements. as determined by the City rTornev, shall be executed prior to Final plat approval and be filed with Hennepin County as art of this a p plat. 9 -26 -96 Pao- _ I i • `'•.'.' t rr r•�' v� r ��'.``�.\.•l 1 f � • r �: .� :�` �, ���, \`. \\\�\ \ mot` ` ;�\ \� \\ ` �` tJ' -? a 4 _�. , Y . � � =� ` � • do .r!�y \\ \�. '�\ �\\ �; :.•'I�`vt;•. [ 44 L5r N� ol �' � ��•\ . / \, �:.. � �,,, - �:;� .• :, I - - = _ -- - _ _ _ -- - _ _._ �J._ L_L_1 L L II1 I I I I I l i `t , - c � > • - 1 4 r �1 iA" , � a s tm .. ,Irr,A 1 1 , _ b l i i I -I 1f�1- jriilili ' / t i . ^�/ T �1��, —,a' .t' ji :: rnv ill iii - 1 IIIIIIIiII( .�.�.'. •.•.•�.. ��;: rl`l�lll - _ :; -�� ,� 1�1 _ �_� - `ii � Ilitilly co Prn J p j1A _ _ _ T 4 u O 51 Tj I T / . 111:- - - - -_.. \ � J - _ `.�� - - -• - -- qnr• AVI am s 17 . - r :I ' � t d I F [ 1, - ir A li,� �� p � \ > l! L(Y III ii. T - - I. I 1J I.1_I��I �.L_1_J _� c) - - F;ir I �. 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II Si y 1 I y � n..... r r 111 ►. rsw 1•wl .. .•n r ti wr.+• rw _� ti r •r_ y ca UK( ac.o ..+... •. r .. •' ...." ..........� _ ... ' .1 �'i,,. �Ir �i..:� 1 711 � I�rti ....�.. rw.rr. •rear on .•.. ...... r. ., _ .. I + y 3*w A'•U aX IIIIiN y EO,&Jt FIELD a NOWAX ING SURVEYORS qi 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 Chapters 12 and 19 of the City Ordinances Relating to the Abatement of Nuisances and Housing Code Violations. 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 CHAPTERS 12 AND 19 OF THE CITY ORDINANCES RELATING TO THE ABATEMENT OF NUISANCES AND HOUSING CODE VIOLATIONS; AMENDING SECTIONS 12 -1201, 12- 1206, AND 19 -105 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 -1201. COMPLIANCE ORDER. Whenever the compliance official determines that any building or portion thereof, or the premises surrounding any of these, fails to meet the provisions of this [ordinance] Chapter a compliance order setting forth the violations of the ordinance and ordering the owner, occupant, operator, or agent to correct such violations shall be issued. This compliance order shall: 1. Be in writing. 2. Describe the location and nature of the violations of this ordinance. 3. Establish a reasonable time for the correction of such violation and notify of appeal recourse. 4. Be served upon the owner or agent or occupant, as the case may require. Such notice shall be deemed to be properly served upon such owner or agent, or upon any such occupant, if a copy thereof is: a. Served upon owner, agent or occupant personally; or b. Sent by registered mail to his last known address; or • c. a Upon failure to effect notice through and as set out in this P g () (b) ORDINANCE NO. section, posted at a conspicuous place in or about the building, or portion thereof, which is affected by the notice. Section 12 -1206. EXECUTION OF COMPLIANCE ORDERS BY PUBLIC AUTHORITY. Upon failure to comply with a compliance order within the time set therein and no appeal having been taken, or upon failure to comply with a modified compliance order within the time set therein, the criminal penalty established hereunder notwithstanding, the City Council may, be resolution, following a hearing upon not less than ten (10 ) days notice to the landowner cause the cited deficiency to be remedied as set forth in the compliance order. The cost of such remedy shall be a lien against the subject real estate and may be levied and collected as a special assessment in the manner provided by Minnesota Statutes, Chapter 429, but the assessment shall be payable in a single installment. Section 2. Chapter 19 of the City Ordinances of the City of Brooklyn Center is hereby amended as follows: Section 19 -105. ABATEMENT OF NUISANCE AND ASSESSMENT OF COST. When any nuisance is found to exist, the health officer of the City shall order the owner or occupant thereof to remove the same, at the expense of the owner or occupant, within a period not to exceed 10 days, the exact time'to be specified in the notice. [Upon failure of the owner or occupant to abate the nuisance, the Director of Planning and Inspection shall cause said nuisance to be abated, shall certify the cost thereof to the City Clerk, and the City Clerk shall certify said costs to the county auditor to be extended on the tax roll of the County against the real estate from which the nuisance has been abated, all in accordance with Minnesota Statutes Sections 145.22, 145.23, and 412.221.] Said order may be appealed following the same procedures as are set forth in Sections 12 -1202 and 12 -1203 Compliance orders may be executed and special assessments levied by the City under the same circumstances and following the same procedures as are set forth in Section 12 -1206 Section 3. This ordinance shall be effective after adoption and upon thirty (30) 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.) KENNEDY & GRAVEN CHARTERED Attorneys at Law JAMES J. THOMSON 470 Pillsbury Center, Minneapolis, Minnesota 55402 LARRY M. WERTHEIM O OBERT A. ALSOP (612) 337.9300 BONNIE L. WILKINS �3RUCE M. BATTERSON JOE Y. YANG R H. BATTY Facsimile (612) 337 - 9310 STEPHEN J. BUBUL JOHN B. DEAN DAVID L. GRAVEN (1929 -1991) DANIEL J. GREENSWEIG _ DAVID J. KENNEDY CHARLES L. LEFEVERE OF COUNSEL ROBERT C. CARLSON JOHN M. LEFEVRF. JR. WRITER'S DIRECT DIAL ROBERT J. LINDALL ROBERT L. DAVIDSON ROBERT C. LONG 337 -9215 WELLINGTON H. LAW O B. LSON JAMES M. STROMMEN FLO FLOYD OD LSON N CORR[NE H. THOMSON T. JAY SALMEN October 31, 1996 Mr. Michael McCauley City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center MN 55430 RE: Public Nuisance Program Dear Mike: i By letter dated October 28, 1996, Bill Clelland forwarded a draft notice and resolution relating to the abatement of nuisance conditions at 5912 Camden Avenue North. I have a few minor suggestions for changes to the resolution and notice which I will communicate directly to Bill. However, in reviewing the current code provisions relating to abatement of housing code violations and nuisances, and the statutory and charter provisions relating to the assessment of costs in the event the City undertakes abatement, I have found several deficiencies in the code which I would recommend be remedied by ordinance. Among other things, Code Section 19 -105 contains references to two sections of Minnesota Statutes which were repealed some years ago and to Minnesota Statutes Section 412.221 which does not confer the authority to levy special assessments under these circumstances. Additionally, Section 19 -105 authorizes the decision to go onto private property to abate nuisances to be made by City staff. Given the due process implications and risks to the City, I would not recommend that such action be taken without an opportunity to be heard and a decision PP Y s on b the City Council. Therefore I have prepared the Y Y P P attached ordinance amendment for your review and consideration. I believe that most of the changes are self - explanatory. However, please give me a call if you have any questions. If there is not an immediate need to proceed with a hearing on the abatement of problems at 5912 Camden, it seems to me that it would be preferable to adopt the attached ordinance before proceeding with the nuisance abatement procedure. My principal concern with proceeding under the current code provisions relate primarily to the need to change Section 19 -105. The provisions set forth in - Sections 12 -1201 through 12 -1206 appear to be sufficient for purposes of conferring • on the City the authority to undertake the abatement of the housing code violations, if necessary, and levy the costs thereof against the property as a special assessment. However, these CLL1123a85 BR-201-4 Mr. Michael McCauley ® October 31, 1996 Page 2 provisions relate only to the housing maintenance code. The provisions of Chapter 19, relating to nuisances, are more questionable. Minnesota Statutes Section 429.101 provides that the City may provide, by ordinance, for the removal or elimination of public health or safety hazards from private property. However, Section 19 -105 does not refer to Minnesota Statutes Chapter 429 and does not provide for any right of appeal, hearing, or action by the City Council prior to undertaking such action. Although these issues may not be jurisdictional defects which would defeat the City's right to charge the costs of abatement, if it is necessary, against the property as special assessments, it would be unfortunate if the City was unable to recover such costs because of any perceived deficiencies in the ordinance. Very truly yours, Charles L. LeFevere CLL:lh Enclosure cc: Mr. Bill Clelland CLL112388 BR291 -4 q j 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 amendment to Chapter 19 of the City Ordinances Relating to the Use of Watercraft on Twin Lakes. 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 19 OF THE CITY ORDINANCES REGULATING THE USE OF WATERCRAFT ON TWIN LAKES; ADDING NEW SECTIONS 19 -1900, 19 -1901, AND 19 -1902 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 19 of the City Ordinances of the City of Brooklyn Center is amended by adding new Sections 19 -1900, 19 -1901, and 19 -1902 as follows: Section 19 -1900. SLOW -NO WAKE ZONES. It is unlawful to operate a motorized watercraft on those areas of Twin Lakes specified below as slow -no wake zones at any speed greater than the slowest possible speed to maintain steerage and in no event greater than five miles per hour. The following areas of Upper and Middle Twin Lakes are designated as slow -no wake zones: a) That part of Middle Twin Lake lying south of a line running between the point at which the Crystal City boundary meets the southwest shore of the lake and the north end of the beach in Twin Lakes Beach Park in the City of Brooklyn Center. b) Within 100 feet of the shoreline of Upper or Middle Twin Lakes, or any island of such lakes, and within 100 feet of any dock, swimmer, swimming diving raft, or moored, anchored or non - motorized watercraft. c) Within any area of floating or emergent vegetation. d) In any area of the lakes delineated and marked as slow -no wake zones by markers, signs, buoys or other aids to navigation placed by the County or by any of the cities of Brooklyn Center, Crystal, or Robbinsdale. Section 19 -1901. EXCEPTIONS. Section 19 -1900 does not apply to legally authorized resource management, emergency, and enforcement personnel when acting in the performance of their assigned duties. ORDINANCE NO. Section 19 -1902. ENFORCEMENT AND PENALTIES. The enforcement of Section 19 -1900 shall be the responsibility of the peace officers of the cities of Brooklyn Center, Crystal, and Robbinsdale, and of the Hennepin County Sheriff. A person who violates any of the provisions of Section 19 -1900 is guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more then $700 or by imprisonment of not more than 90 days, or both. Section 2. This ordinance is effective upon adoption of substantially identical ordinances by the cities of Crystal and Robbinsdale and 30 days after its adoption and 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.) • I' I CITYoV CRYSTAL 4800 Douglas Drive North Crystal, MN 55429 -3553 531 -0052 RECREATION DEPARTMENT CITY OF CRYSTAL MEMORANDUM DATE: October 21 1996 MEMO TO: Twin Lake Task Force Members FROM: Hackett, O 1: Gene Recreation Director City of Crystal RE: Twin Lake Ordinance Update The Crystal City Council held a public meeting on the proposed Twin Lake ordinance in September. Several lake residents from Crystal and some from Brooklyn Center attended the meeting. Most in attendance were against the proposed ordinance as it was written. As part of the d: ;cassion, it appeared that the majority of residents that were against the ordinance came from Upper Twin Lake. The Crystal City Council reviewed the public comments and discussed changing the ordinance to make it agreeable to the lake residents. A copy of the revised ordinance is attached. This ordinance had its first and second readings with the Crystal City Council, was voted on and did pass. The city staff members from Brooklyn Center and Robbinsdale should present this revised ordinance to their respective City Council's for their action. Additional update reports will be sent as information is received. . DJK Draft 10/11196 ORDINANCE NO. 96- AN ORDINANCE RELATING TO PUBLIC SAFETY: WATER CRAFT; TWIN LAKES; AMENDING CRYSTAL CITY CODE, BY ADDING A SECTION THE CITY OF CRYSTAL ORDAINS: Section 1- ' Crystal City Code is amended by adding a section to read: " Section 1350 - Watercraft on Twin Lakes 1350:01. Staw - no wake zones. It is unlawful to operate a motorized wate =craft on those areas of Twin Lakes specified below as'slow - no waive zones at any speed greater than the slowest possible speed to niauitain steerage and in no event greater than five miles per hour. The j following areas of upper and. Middle Twin Lakes are designated as - no ware zones: + k a) That part of Middle :Twin Lake lying south of a line running between the point at i which the Crystal City :boundary meets the southwest- shore of the lake and the ' north end of the beach in Twin Lakes Beach Park in the city of Brooklyn'Center. j b) . W16irr 100 feet - of the shoreline of Upper or Nfiiddle Twin Lakes; or any island . of such lakes, and withi,a • 1 feet of - any dock, swimmer, swimming diving mam`t; j or moored, ' anchored or• non-motorized watercraft. c) within any, area of floating or emergent vegetation. In any area of the lakes deli e-ated - a = k--d ei:.. T . - u� •u-' - s..- markers, signs, buoys or other aids Z6 navigation placed by the county or'by any of the cities'of Brooklyn Center, .Crystal; or Robbinsdale. f 1350.03. Ex tions This cep section does not apply to legally authorized resource management, emergency, and enforcement personnel when acting in the'perfarmance of their assigned dudes. 1350:05. ' Enforcement and ' penaltie The enforcement of this ordinance shall be the responsibility of the Peace of the cities of Brooklyn Center, Cry. staf and * Robbinsdale and ? of the - Hennepin County' Sheriff.. A person who -violates any of the provisions .af this section is. guilty of a misdemeanor, and upon convictiort thereof; shall be punished by a fine of not more than 5700.00 or by iaaprisonment of not more than 90 days, or both. ' 02205 -30 J 13'so.a7. Effective data This ordinance is effective upon adoption of substantially identical ordinances by the cities of'Brooldyn Center and Robbinsdate." Sec. 2. This ordinance is effective in accordance with its terms and Crystal C ' Subsection 110.11. ! Code, May or AttesL• I • Mr � ; c•.+ ht: -1H2 -J '8 .lC34ZA S3:9S 964 Ii =0 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: November 7, 1996 SUBJECT: Adult Establishment Ordinance: Joint Meeting with Planning Commission Ron Warren has previously suggested a joint meeting with the Planning Commission on Thursday, December 12, 1996. As indicated at the last City Council meeting, it is necessary to bring this matter to resolution. There are several means of trying to deal with the adult establishment siting issue from a planning perspective. In order to have resolution of this issue before the moratorium will expire next year, a meeting in December should be established. Currently the City Council has its Truth -In- Taxation Hearing scheduled for the 4th of December with a Continuation Hearing, if needed, on December 11, both Wednesday meetings. The Council currently only has a December 16 Council meeting for the month of December. If an additional joint meeting was necessary after the December meeting, I would suggest that it be scheduled as early as possible in January so that an ordinance could be introduced to meet all of the time lines necessary prior to the expiration of the proposed moratorium extension. 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 qL • MEMORANDUM DATE: November 7, 1996 TO: Michael McCauley, City Manager FROM: Diane Spector, Director of Public Servic s SUBJECT: Presentation of 1997 Utility Rate Study The attached 1997 Utility Rate Study prepared by Public Services Coordinator Jim Glasoe indicates the need to consider modest increases in utility rates. As you recall, water and sanitary sewer rates did not increase from 1995 to 1996, while storm drainage utility rates increased a modest $2 annually. The primary reasons for these increases are 1) inflation; and 2) the need to assure that capital replacement funds are sufficient to finance the capital improvements associated with the Neighborhood Street and Utility Program. • Water We are projecting an operating reduction for 1997 as a result of an energy management study we had conducted earlier this year. We believe we can achieve at least a $25,000 savings in annual electrical costs through a variety of procedural changes. We are also evaluating the possibility of achieving further savings through the installation of adjustable speed drives on several of the well pumps. If this is feasible, the cost of those improvements would be financed through a no -cost loan from an NSP program dedicated to financing energy saving improvements, and repaid from energy savings. This energy management study also discovered that the city has been charged sales tax on a portion of electrical costs which is non - taxable. We have applied for a.sales tax refund of approximately $30,000. Substantial capital outlays are expected in the next several years, in addition to the Neighborhood Program improvements. All three water towers are due for structural and coatings repairs. Many residential water meters are due for their 15 year replacement. And the SCADA (Supervisory Control and Data Acquisition) system, which controls well sequencing and tower levels, should be considered for replacement. I recommend a rate increase from $0.86 per 1000 gallons to 80.89 per 1000 gallons. This would be just under a $4 increase in the annual water bill for an average household. This increase would be sufficient to finance inflationary cost increases and a "normal" level of capital outlay. The additional capital outlays for system improvements plus that part of the cost for proposed Orchard • Lane West project which is in excess of a "typical" neighborhood improvement would be financed from cash reserves. • Utility Rate Study Page 2 Sanitary Sewer About 75 percent of the operating cost for this utility is the Metropolitan Council Environmental Services (MCES) charges for wastewater treatment. That charge will increase just under five percent for next year. The sanitary sewer utility cash reserves have financed two large improvement projects in the past year: the $900,000 relining of 7,000 feet of CMP sanitary sewer main, and the $1.1 million reconstruction of lift station #1 and associated force main. Neighborhood improvements are the primary types of capital outlays expected in the next several years, although the INTRAC automated supervision and alarming system should be considered for replacement, and two of the smaller lift stations should also be upgraded. I recommend a rate increase from ,$42.50 per residence per quarter to ,$43.75 per residence per quarter. This would be a $5 increase in the annual sanitary sewer bill for an average household. This increase would be sufficient to finance inflationary cost increases and a "normal" level of capital outlay. Sanitary sewer rates were last increased in 1994. Storm Drainage • Operating costs in this utility include reimbursement to the General Fund for the costs of street sweeping and storm sewer maintenance; Shingle Creek and West Mississippi Watershed dues; and education program materials; and local storm water planning. The revenues of this utility are used primarily for capital outlays. Anticipated in the next few years are neighborhood improvements; regional improvements such as regional treatment ponds or trunk line improvements; repair of Mississippi River outfall structures; and continued intensive study of both stormwater quantity and surface water quality needs. I recommend a rate increase from .$8.00 per residence per quarter to .$8.25 per residence per quarter, or $1 er ear. This increase would be sufficient to finance ca pital outlays and maintain an P Y p Y adequate cash reserve for upcoming projects. Recycling The HRG recommends no increase in charges for 1997. Rates would continue at $2.15 per month. Summary As can be seen on the first page of the rate study, the recommended increases would result in an increase of just under $10 in the annual utility bill of an average residence, or about 3.4 percent. The table on page two shows an increase for the average senior household of about $4.40. I believe • these rate increase are justified and necessary for the efficient and effective operation of the utilities, and the preservation of the public's investment in the systems. 1997 Utility Stud + ++ Prepared for Brooklyn Center City Council By the Public Services Department October 3, 1996 j City of Brooklyn Center is 1997 Utility Rate Study Summary The City Council annually reviews established public utility rates to ensure their adequacy in meeting financial goals. The Public Services Department strives to meet these goals while keeping rates as affordable as possible. The total utility bill paid by a resident of Brooklyn Center continues to be lower than in most area communities. Water Utility: The schedule at the end of the Water Utility report labeled Option 1 shows a continuation of minimal rate increases. This option meets all utility financial requirements. Option 2 shows the projected effect of maintaining the existing rate schedule. With the exception of the periodic painting of water towers and the possible need for a water Average Residential 1996 1997 treatment facility n the future, most capital Y P Utility Customer charge charge outlays in the water utility will be main replacements associated with neighborhood street improvements and other infrastructure repair. Recycling $25.80 $25.80 To preserve flexibility and to provide for a Water $110.80 $114.66 revenue cushion, it is recommended that the • Sanitary Sewer $170.00 $175.00 Council adopt the rates shown on Option 1. This would result in a small increase in rates in Storm Drainage $32.90 $33.00 1997, with rates raised to $0.89 er 1000 gallons. P ,. Total $336'.30 $348.46 Major improvement projects scheduled for 1997 include: water main replacement as a part of the Percent Increase 3 4 � France Avenue reconstruction, water main replacements associated with the 1997 neighborhood street reconstruction and other water quality projects. Sanitary Sewer Utility: Option 1 shows the projected effect of small rate increases over the next four years. Option 2 shows the impact of no increase for 1997, followed by small increases the next three years. Staff recommends Option 1, as it provides for an infusion of dollars into a fund that has spent almost half its fund balance for system improvements the past two years. This option would result in a rate increase to $43.75 per quarter for a typical residential customer. Capital improvements for 1997 will include; replacement of some sanitary sewer lines as a part of the 1997 neighborhood street - improvement pro-ram. sanitary sewer improvements associated with the P P .. P • France Avenue street improvement project, and other minor infrastructure or equipment repair. Storm Drainage Utility: The schedules labeled Option 1, 2 and 3 show the financial impact of each on the existing rate schedule. Option 1 provides for small increases in rates over the next four years. Option 2 would include a more significant increase for 1997 with minimal increases the following years. Option 3 would • include no increase for 1997 and marginal increases in subsequent years. The Phase I study of the City's storm drainage system, (Storm Water Management Plan) has been substantially Average Senior Utility 1996 1997 completed. A Phase II study will, with Customer Charge Charge council approval, be completed in 1997. An essential part of this process will be the development of a financial plan, which will be implemented in 1997 and Recycling $25.80 $25.80 subsequent years. Water $28.00 $29.00 Given the uncertainty regarding what Sanitary Sewer $93.60 $96.00 types of future requirements and projects Storm Drainage $32.00 $33.00 will need to be funded from the utility, along with the volume of work already identified, staff recommends Council Total $179.40 $183.80 adopt the rates shown in Option 1. This Percent Increase 3.4% IL would provide a sufficient revenue cushion and ensure the integrity of the fund. Adopting Option 1 would result in a rate increase from $32.00 per base acre in 1996 to $33.00 per acre in 1997. The average residential quarterly rate per lot would increase from $5.00 in 1996, to $8.25 in 1997. Capital improvements scheduled for 1997 include: Construction of the Shingle Creek Regional Pond, storm sewer work associated with the neighborhood street reconstruction and other water quality improvements. It should be noted that the attached spread sheets do not include any costs associated with the Shingle Creek Regional Pond. Staff is pursuing several funding options regarding this $3.1 million dollar project. It is probable that a portion of the cost would be paid for by the utility. Recycling Utility: The Hennepin Recycling Group (HRG) has adopted their budget for 1997 and it maintains current service levels with no increase in fees for 1997. Rates will remain at $2.15 per month. Utility Hook Up Charges Hook up charges are increased annually based on inflation. Charges were increased 3.0 percent. based on the increase in the Consumer Price Index from August 1995 to July 1996. Summary: Staff recommends small increases in water, sanitary sewer and storm drainage rates for 1997. If the recommended rates are adopted, the annual utility bill of the average customer would increase by approximately 3.4 y - - - - -- - -- -- BROOKLYN CENTER WATER UTILITY 1997 RATE REVIEW Background The City Council on October 10, 1995 adopted Resolution 95 -224, which established water rates for 1996. The Council annually reviews established rates for their adequacy and makes adjustments as necessary. Water Utility Financial Performance, 1995 In 1992, the Council approved a policy change regarding the use of interest earnings to subsidize s tze rates. Previously, one half of interest earnings were used to offset operating costs; a sstarting m 199 , this subsidy was phased out 20 percent per year. As of 1995, the phase out is complete and interest earnings will no longer be used to offset operating costs. The water utility's financial performance in 1995 was as expected. While projected revenues were lower than expected as a result of the wet summer, expenditures were also lower, as less water was pumped and treated. The resulting net operating income, (operating revenues minus operating expenditures) was 3 % higher than budgeted. • It is estimated that revenues and expenditures in 1996 will be about as projected. While it is estimated that operating costs will be up slightly, revenues from a very dry summer should be sufficient to cover the increases. The net impact is an expected net income of about $7,000. Of note in the 1997 operating budget is a reduction in utility costs of approximately $25,000. This savings is possible as a result of a recent energy'management study of the water utility. The report noted revisions to operating procedures and other energy conservation recommendations that will provide significant savings. Capital Outlays The major capital improvement projects planned for 1997 include water main improvements associated with the France Avenue and Orchard West neighborhood street improvement program and other infrastructure repairs including coating repairs and repainting of tower #2. With the exception of periodic painting water towers and the possible need for a water treatment facility in the future, most capital outlays in the water utility will continue to be main replacements associated with neighborhood street improvements and other minor infrastructure repair. Rate Setting Considerations r The attached schedule labeled Option 1 shows a continuation of modest rate increases. This option meets all utility financial requirements. Option 2 shows the projected effect of maintaining the existing rate schedule for 1997, followed by modest increases thereafter. Recommendation To preserve flexibility and to provide for a revenue cushion, it is recommended that the Council adopt the rates shown on Option 1. This would result in a small increase in rates in 1997, with rates raised to $0.89 per 1000 gallons. While it might be possible to go another year without an increase, subsequent increases may need to be much larger than the rate of inflation. This would likely result in more questions from the citizens asking for justification in the increase. ` Impact of Recommended Rate Increase Table 2 below illustrates the impact the recommended rate increase would have on the summer water bills of various types of customers. The summer bill is typically the highest bill of the year. Table 2 Impact of Recommended Water Base Rate Increase Summer Water Bills of Various Customers Type of Customer 1996 1997 Charge Charge RESIDENTIAL Low Use (Minimum) $7.00 $7.25 Average Use (38) 32.68 33.82 High Use (116) 99.76 103.24 Apartment, 36 Units (630) 541.80 561.00 COMMERCIAL Car Dealership (235) $202.10 $209.15 Heavy Commercial Use 743.04 768.96 Table 4 is a summary of 1997 water rates per 1000 gallons for a number of Metro area cities. Brooklyn Center continues to have one of the lower rates in the area. Table 4 1997 Water Rates of Various Metro Area Cities CITY PER CITY PER 1000 G 1000 G Minneapolis $1.59 Brooklyn Park $1.20 Bloomington 1.55 Maple Grove 0.90 Golden Valley 1.50 Fridley 0.90 New Hope 1.40 Blaine 0.90 Crystal 1.40 Brooklvn Center 0.89 Richfield 1.37 Anoka 0.85 Robbinsdale 1.34 Plymouth 0.75 Other Fees and Charges The water utility rate schedule contains a number of fees and charges in addition to rates for service. The following list describes each fee or charge and its current level. Fees A. 5/8" X 3/4" Water Meter Property owners are currently charged 550.00 for a water meter when a water account is opened with the City. The City then buys the water meter from the property owner when the water account is closed, and the new owner is then charged for the water meter when the new account is opened. Since most of the water meters in the City are • of this size, it is administratively convenient to charge the same fee to all accounts. B. 3/4" or Larger Water Meter Property owners requiring water meters larger than the standard residential water meter are charged the cost of the meter plus a $2.00 administrative fee. Since there are far fewer of the larger meters, it is not as difficult to administer the buy -back of the water meters. C. Fire Protection Inspection Property owners with fire sprinkler systems are charged an annual fire inspection fee of $50.00 to test the fire sprinkler system. D. Private Fire Hydrant illfaintenance Property owners who have privately owned fire hydrants located on their property are billed the cost of labor, materials, equipment and overhead whenever the City performs maintenance of their fire hydrants. Charges A. Delinquent Account Charge The present delinquent account charge is $3.00 or 10 percent of the utility bill, whichever is g reater. It applies to the bill as a whole. B. Certification to Taxes The special assessment service charge for delinquent accounts recovers the cost of certification with the County Auditor of the delinquent amounts to taxes. It is recommended that this fee remain at $30.00, which is consistent with the certification fee for diseased tree and weed destruction. C. Restoration of Service - Monday to Friday, Except Holidays, Between the Hours of 7 :30 a.m. to 3:00 p.m. The restoration of service charge during working hours is $25.00, and includes the cost of one hour labor, labor additive, and vehicle rental. It is charged in all instances where a customer's water has been turned off, whether by a customer's request or for non- payment of utility bills. D. Restoration of Service - Anytime Saturdays, Sundays and Holidays and Between the Hours of 3: 00 p. m. and 7:30 a.m. on Monday Through Friday Except Holidays • Restoration of service during off hours is much more expensive because Public Utility employees are called back to a work for a minimum of two hours at overtime . The i PY restoration of service charge s $75.00 during these hours. E. Delinquent Meter Reading The delinquent meter reading charge is designed to motivate water customers into reading their own meter and forwarding the meter reading card to the City for billing. The current charge is: $2.00 the first and second consecutive time a reading card is not returned. The charge increases to $5.00 the third time, and to $10 the fourth time. After four quarters, the customer must either submit a reading card or schedule a meter reading, or face water shutoff. F. Water Hookup Charge Properties that have never been assessed, or not fully assessed for water are charged a hookup charge when water hookup is requested. The charge is intended to cover the cost of the lateral water main, supply, and trunk capital investment in the water system. It is calculated on a per lot basis for single family residential and on a linear foot plus square foot basis for all other properties. It is established annually by resolution. G. Hydrant Meter Charges The hydrant meter charges are for meters that attach to fire hydrants used as a temporary water connection, usually for construction projects. The City has two sizes of hydrant meters 5/8" x 3 /2 /4" and 2'". The charcres for the smaller meter include $100.00 deposit, $1.00 per day rental, $20.00 minimum charge, and the cost of the water used at the prevailing water rate. The charges for the larger meter include $700.00 deposit, $7.00 per day rental or $100.00 per month rental, $35.00 minimum charge and the cost of water used at the prevailing water rate. H. Curb Stop Stand Pipe Repair City crews are called in to repair curb stop stand pipes for private properties due to damage or settling. In cases where the curb stop stand pipe is bent or otherwise damaged, a substantial amount of time can be involved in repair. A standard charge of $40.00 is charged for each curb stop stand pipe repair. y e: \eng \pubud1\rates \watrat97 • • TABLE A - Capital Improvement 41grarn - Detail of Capital Outlays • Water Utility Capital Improvements <. 24- Sep -96 EXPENDITURES: WATER DISTRIBUTION SYSTEM France Avenue 118,700 69th, Shingle Creek Pkwy to DUpont 610,000 All water utility Neighborhood Street Improvements 700,000 1,001,050 350,000 350,000 350,000 350,000 1,750,000 WATER SUPPLY SYSTEM 2 MG Reservoir & Pumping Station 3,300,000 Construct Well #11 1,000,000 WATER TOWERS Repair Paint on Tower #1 180,000 Repair Paint on Tower #2 250,000 Replace Paint on Tower #3 625,000 Landscape Tower #1 MISCELLANEOUS Replace water meters 250,000 250,000 250,000 Routine Well Maintenance 17,000 25,000 25,000 30,000 30,000 30,000 150,000 SCADA Hardware & Software Update SCADA Replacement 25,000 175,000 Replace Fuel Tanks 25,000 TOTAL EXPENDITURES $1,.327,000 $1,444,750 1 $1,425,000 $810,000. 5630,000 S380,000 $6,200,000 FUND SOURCES: Water Utility 1,327,000 1,444,750 1,425,000 810,000 630,000 380,000 6,200,000 TOTAL I $1,327,000 $1,444,750 $1,425,000 $810,000 $630,000 $380,000 56,200,000 WATER I.OITY RATE STUDY: 1997 OF.N 1: Modest Increases 194 1; J95 1'666 .......... Start of Year Cash & Investments : f 460;2 4, S4 232;6U6 x $4 4 "1`9;660 ''_ $3y650' S9 $ "2 7 $ 758 i "' fig'. , 6432 ..?. .. �. r�, .._,t,, ` �r. $.08 EXPENDITURES Operations Personal Service 319,984 376,422 347,050 335,931 346,009 356,389 367,081 Contractual Service 136,830 154,878 98,669 101,629 104,678 107,818 111,053 Supplies & Materials 79,614 87,234 95,165 98,020 100,961 103,989 107,109 Heat, Light, & Power /Insurance 148,962 151,405 162,649 145,781 153,070 160,724 168,760 Vehicle Operating Costs 40,646 43,218 51,208 49,000 54,000 59,000 60,770 State Connection Surcharga $0.00 $0.00 $46,100.00 $46,000.00 46,000 $46,000 $46,000 TOTAL EXPENDITURES $726,036.00 $813,157.00 $800,841.00 $776,361.00 $804,717.45 $833,920.37 $860,772.46 REVENUES Billing Revenues $962,369 $968,257 $1,032,000 $1,068,000 $1,104,000 $1,224,000 $1,262,250 !`>iscellaneous Operating 91,320 80,577 60,000 60,000 60,000 60,000 60,000 Miscellaneous Non - operating 17,608 11,049 10,000 10,000 10,000 10,000 10,000 TOTAL REVENUES $1,071,297 $1,059,883 $1,102,000 $1,138,000 $1,174,000 $1,294,000 $1,332,250 Available. Ca ital Cbntributiran p - .:.... : .: .:.: ....:...$zd,76 3U1 15 5.36: G3J >::...::::::; _.. :.:,..., :..:.. :.....:: 1:. .:..:. X369,283 5460,080 $471478 Non Operating Expenditures Capital Outlay (829,420) (350,265) (1,327,000) (1,444,750) (1,425,000) (810,000) (630,000) Non Operating Revenues Interest Earnings 266,561 290,593 256,340 211,709 161,168 109,284 95,327 Tstal_Net Efluct -on Fund Balance (217,598) 187,054 (769,501) (871,402) (894,550) (240,636) (63,195) End of Year Cash & Investments ,P,$ 3650159 @,,x,$2778,75$. #`�$'1884208� „,$..1643572f$1;580;376 For Information Rata per t,OPO`,Gallons : 80 a :: Sp62 ..... BQ 96: 80:69.; WATER L*TY RATE STUDY: 1997 OFIW 2: No Increase 1997, Modest Increases There 9954 1995 X ; :x*.ii::i..�...'.�."ii��.4 i� i.: ' Start of Year Cash & Investments 1r,1 4 '44 1 ,450, 1 20 i383' EXPENDITURES Operations Personal Service 319,984 376,422 347,050 335,931 346,009 356,389 367,081 Contractual Service 136,830 154,878 98,669 101,629 104,678 107,818 111,053 Supplies & Materials 79,614 87,234 95,165 98,020 100,961 103,989 107,109 Heat, Light, & Power /Insurance 148,962 151,405 162,649 145,781 153,070 160,724 168,760 Vehicle Operating Costs 40,646 43,218 51,208 49,000 54,000 59,000 60,770 State Connection Surcharge $0.00 $0.00 $46,100.00 $46,000.00 46,000 $46,000 $46,000 TOTAL EXPENDITURES $726,036.00 $813,157.00 $800,841.00 $776,361.00 $804,717.45 $833,920.37 $860,772.46 REVENUES Billing ReVeOLWS $962,369 $968,257 $1,032,000 $1,032,000 $1,080,000 $1,198,500 $1,249,500 Miscellaneous Operating 91,320 80,577 60,000 60,000 60,000 60,000 60,000 Miscellaneous Non-operating 17,608 11,049 10,000 10,000 10,000 10,000 10,000 TOTAL REVENUES $1,071,297 $1,059,883 $1,102,000 $1,102,000 $1,150,000 $1,268,500_ $1,319,500 A' ifialil �b,* hol 6 t r bu .. .. .... .. .. . ... ..... X ()00::: - Non Operating Expenditures Capital Outlay (829,420) (350,265) (1,327,000) (1,444,750) (1,425,000) (810,000) (630,000) Non Operating Revenues Interest Earnin 266,561 290,593 256,340 211,709 159,080 105,683 90,038 (217,598) 187,054 (769,501) (907,402) (920,638) (269,737) 181,234) End of Year Cash & Investments 9X60,I x $:1:822;,1 20 . . $ 1 , 471 ,1 48 1 For Information .......... ....... .. ............... ....... ......... ..:. - Rata er< - 0 ........ .......... . .... 0 . ; :. ............ ....... ....... ................... . 90 30 . 9 4 : : .. .. ... 40 it ® BROOKLYN CENTER SANITARY SEWER UTILITY 1997 RATE REVIEW Background The City Council on October 10, 1995 adopted Resolution 95 -225, which established sanitary sewer rates for 1996. The Council annually reviews established rates for their adequacy and makes adjustments as necessary. Sanitary Sewer Utility Financial Performance, 1995 In 1992, the Council approved a policy change regarding the use of interest earnings to subsidize rates. Previously, one half of interest earnings were used to offset operating costs; starting in 1992, this subsidy was phased out a rate of 20 percent per year. As of 1995, the phase out is complete and no interest earnings are shown to offset expenditures. The sanitary sewer utility's financial performance in 1995 was about as expected despite higher than anticipated charges from the Metropolitan Council, Environmental Services (MCES). These charges account for approximately seventy five percent of the expenditures in this utility. Although MCES charges were underestimated by $85,000, this increase was offset by lower than anticipated expenditures for the remainder of the utility and stronger than anticipated revenues. Revenues for 1996 are coming in as expected and should be sufficient to cover expenditures. Capital Outlays Substantial outlays were made for 1996 projects that included the replacement of Lift Station #1, replacement of some sanitary sewer lines as a part of the 1996 neighborhood street . improvement program, and for the sanitary main improvements associated with the 69th Avenue street improvement project. Capital projects planned for 1997 include replacement of some sanitary sewer lines as a part of the 1997 neighborhood street improvement program, sanitary main improvements associated with the France Avenue street improvement project, and other minor infrastructure or equipment repair. Rate Setting Considerations i Option 1 shows the projected effect of small rate increases over the next four years. Option 2 shows the impact of no increase for 1997, followed by small increases the next three years. The most important consideration regarding the sanitary sewer rates is the need for capital improvements. The sanitary sewer fund has financed several major capital improvements in the past few years, and several major projects are contemplated for the coming few years. Each of these projects are necessary improvements. While in preparing a capital improvement program they may be moved from one year to another, these major projects must be undertaken in order to maintain the integrity of the system. Among these improvements are the replacement, or re- lining in place, of considerable sections of corrugated metal sewer main and sanitary sewer replacement as a part of the ongoing neighborhood street reconstruction program. Recommendation Staff recommends Option 1, as it provides for an infusion of dollars into a fund that has spent almost half its fund balance for system improvements the past two years. Impact of Recommended Rate Increase Table 2 below illustrates the impact the recommended rate increase would have on the summer sanitary sewer bills of various types of customers. The summer bill is typically the highest of the four quarters. Table 2 Impact of Recommended Sanitary Sewer Base Rate Increase Summer Quarterly Utility Bills of Various Customers Type of Customer 1996 Charge 1997 Charge RESIDENTUL Senior $23.40 $24.00 Residential 42.50 43.75 Apartment, 36 Units 1.071.00 1,102.00 COIN ERCIAL Car Dealership 5399.00 5410.00 Heavy Commercial Use 1.468.80 1,512.00 • Table 3 is a summary of 1997 sanitary sewer rates per 1000 gallons for a number of Metro area cities. Brooklyn Center is in about the middle of the range of rates in the area. Table 3 1997 Quarterly Sanitary Sewer Charges of Various Metro Area Cities (Converted to Quarterly Rate Where Necessary) CITY PER CITY PER QUARTER QUARTER Hopkins 861.60 Plymouth 42.30 Fridley 56.25 Anoka 40.00 New Hope 56.25 Crystal 38.10 Champlin 56.00 Bloomington 34.80 Brooklyn Park 54.00 Golden Valley 34.00 Maple Grove 46.00 Richfield 29.00 Brooklyn Center 43.75 Robbinsdale 29.00 Blaine 43.70 I Other Fees and Charges The sanitary sewer utility rate schedule contains a number of fees and charges in addition to rates for service. The following list describes each fee or charge and its current level and describes any recommended amendment. Fees The only fee for sanitary sewer service is the SAC (Service Availability Charge) unit charge, which is established by Metropolitan Council. Environmental Services. This fee goes directly to MCES. v Charges A. Delinquent Account Charge The present delinquent account charge is $3.00 or 10 percent of the utility bill. It applies to the bill as a whole. B. Certification to Tares The special a V assessment service charge e for delinquent P accounts recover s the cost of q certification with the County Auditor of the delinquent amounts to takes. The charge is currently $30 which matches the certification fee for diseased tree and weed destruction accounts. C. Line Cleaning Charge The line cleaning charge recovers the cost of cleaning City sanitary sewer lines due to misuse by the property owner. The most common infraction is grease build -up due to improper sewering of restaurant greases. The charge is actual labor, materials, equipment, and overhead. D. Sanitaty Sewer Hookup Charge Properties that have never been assessed, or not fully assessed for sanitary sewer, are charged a hookup charge when water hookup is requested. The charge is intended to cover the cost of the lateral sanitary sewer main and is calculated on a linear foot basis. It is established annually by resolution. e: \eng \pubuti1 \sewrat97 • TABLE B - Capital Improvement Program - Detail of Capital Outlays Sanitary Sewer Utility Capital Improvements 24- Sep -96 1996 ...: ;: 109'7 .:: "1998 1998 ...::.: .001 2 001...... 24.02 2406 )FUND $aURCE EXPENDITURES: All San Sewer Utility LIFT STATIONS Replace Lift #1 and Forcemain 1,000,000 Replace Lifts 10 & 11 275,000 SEWER REPLACEMENT: Neighborhood Street Improvements 800,000 514,750 300,000 300,000 300,000 300,000 1,500,000 France Avenue 31,500 MISCELLANEOUS INTRAC Replacement 25,000 150,000 Replace Fuel Tanks 1 25,000 TOTAL EXPENDITURES $1,800,000 $596,250 $450,000 $575,000 $300,000 $300,0001 $1,500,000 FUND SOURCES: Sanitary Sewer Utility 1,800,000 596,250 450,000 575,000 300,000 300,000 1,500,000 TOTAL 1 $1,800,0001 $596,250 $450,000 f $575,000 $300,000 1 $300,000 1 $1,500,000 SANITAR4PEWER RATE STUDY: 1997 OP 4W 1: Modest Increase ....... ... . ............ ................ ............... . ....... ..... ... . . - .. .. . ... X: . . .. ... .... ..... XI: Ex . : .. ...... ................. ........ .. . ........ ........ ........... . ...... ... . ...................................... Start of Year Cash & investments EXPENDITURES Operations Personal Service 185,623 186,002 194,590 209,883 216,179 222,665 229,345 Contractual Service 50,869 137,176 63,859 67,052 70,405 73,925 77,621 Supplies & Materials 18,330 11,110 19,470 20,444 21,466 22,539 23,666 Heat, Light, & Power/insurance 19,891 24,960 20,562 21,590 22,670 23,803 24,993 Vehicle Operating Costs 27,508 0 0 0 0 0 Subtotal: City O&M Expense $302,221.00 $359,248.00 $298,481.00 $318,968.55 $330,719.32 $342,931.69 $355,624.98 MCES Charges $1,297,134.00 $1,327,420.00 $1,431,659.00 $1,500,501.00 $1,560,521.04 $1,622,941.88 $1,687,859.56 TOTAL EXPENDITURES $1,599,355.00 $1,686,668.00 $1,730,140.00 $1,819,469.55 $1,891,240.36 $1,965,873.58 $2,043,484.54 REVENUES Billing Revenues $2,126,822 $2,282,067 $2,237,415 $2,275,597 $2,363,760 $2,545,085 $2,657,493 Miscellaneous Operating 0 0 0 0 0 0 0 Miscellaneous Non-operating 11,961 4,270 1,000 1,000 1,000 1,000 1,000 TOTAL REVENUES $2,138,783 $2,286,337 $2,238,415 $2,276,597 $2,364,760 $2,546,085 $2,658,493 4 N� 4 .:: 661wil !ii�R" ".4 ................... ..400 1 . 6. ........ ... .............. .. ................... ...... .. .................. ... . ........ .... ...... ....... ... ...... ............................ ......................... ................................ ............. X.: ............. ......................... ........... Non Operating Expenditures Capital Outlay (965,070) (1,280,515) (1,800,000) (596,250) (450,000) (575,000) (300,000) Non Operating Revenues Interest Earnings 152,233 238,419 172,652 107,746 105,926 113,434 120,316 Total Net Effect on Fund Balance (273,409) (442,427) (1,119,073) (31,376) 129,446 118,646 435,324 ' oz o ... W ""' IBM NOW End of Year Cash & Investments ft m4 For Information Residential Accounts ................ ........... ............ .. ...... . . ......... .. .. . .. ... ... ........................... ........ . ..... .. ............ . ................ . ... ..... . . . ........ ................ . ... ... . . ... .. ............. ....... .. . .. 40 i;� Senior Accounts ...... . ........ . ... . X ..... . .............................. ......... ... .............. ...... .... . ..... . ........ ..... .. . ....... 02 ........... 7 .. ........ ............ :0.00tii I" Q.h 0, ............ ....... ........................... ............. .... ...... ... : .:::, ............ . .. ...... . ... . ..... ............ ....... . ...... ANTE �b : . .0 ...... I ............ ....................... .......... ................... :................... .. .... . . .................... . . .... :: I ........................................... . . .............................................................. X. ....... . . .... SANITAR *EWER RATE STUDY: 1997 OP 2 : No Increase 1997, Modest Increases There ::. .::.::..:.: Start of Year Cash & Investments z.. EXPENDITURES Operations Personal Service 185,623 186,002 194,590 209,883 216,179 222,665 229,345 Contractual Service 50,869 137,176 63,859 67,052 70,405 73,925 77,621 Supplies & Materials 18,330 11,110 19,470 20,444 21,466 22,539 23,666 Heat, Light, & Power /Insurance 19,891 24,960 20,562 21,590 22,670 23,803 24,993 Vehicle Operating Costs 27,508 0 0 0 0 0 Subtotal: City O &M Expense $302,221.00 $359,248.00 $298,481.00 $318,968.55 $330,719.32 $342,931.69 $355,624.98 MCES Charges $1,297,134.00 $1,327,420.00 $1,431,659.00 $1,500,501.00 $1,560,521.04 $1,622,941.88 $1,687,859.56 TOTAL EXPENDITURES $1,599,355.00 $1,686,668.00 $1,730 $1,819,469.55 $1,891,240.36 $1,965,873.58 $2,043,484.54 REVENUES Billing Revenues $2,126,822 $2,282,067 $2,237,415 $2,226,603 $2,363,760 $2,564,943 $2,667,410 Miscellaneous Operating 0 0 0 0 0 0 0 Miscellaneous Non - operating 11,961 4,270 1,000 1,000 1,000 1,000 1,000 TOTAL REVENUES $2,138,783 $2,286,337 $2,238,415 $2,227,603 $2,364,760 $2,565,943 $2,668,410 Non Operating Expenditures Capital Outlay (965,070) (1,280,515) (1,800,000) (596,250) (450,000) (575,000) (300,000) Non Operating Revenues Interest Earnings 152,233 238,419 172,652 107,746 103,085 110,428 118,287 Total Net Effect on Fund Balance (273,409) (442,427) (1,119,073) (80,371) 126,604 135,497 443,212 End of Year Cash & Investments��� For Information Residential Accounts wart :• :.;.;;:•; >:.. »: >::;:. >: ::> .. Gitigr "t3; «::: >: <: i::>:: i::: ':;.:.....<::: i;r...:....:E:;:i : E2; : >:':.<: >s >: '':::«:::;'' :.: R . - :.::;;:;;::::.;: !k .......... 9 ...................................................................................................... ............................... ................................................$.....................................#...r..... ............................... 5 .... ........................49.OQ.. Senior Accounts ii3'' 3sSasE> ssiasi22iiiiisi..;,.::.:;.:.,,.,: ' iiitiii52i% i':;:,.:, r: .,::i: >i`::iifi: ?>:':iii �.,: " ":i% :i:[:ii[';:..:P :... ' i ::;,:,.,:': _., :::.: " iiiiii:i:E:Gii �vpr] d ..: �(�.. .:::.::...: .: .,..: 1R.W.1T� .:.. .:.... ... ......4.W. :: .::: :..v:.if..W..... .. ....::. �::..: .: yy G :1• :.�::. ..::•:.:.. �:. - p ::. .::.................................................. ..........................:.... ....::: ................................:.................................... ............................... .. 1. 1�i�. 7� >... �r�.��l.s.'.. rEr: Boa.[..:::>: :::;:::: >; <:• >:::: >:::<; >::;::: >;::::: >' . . :.»:< :: >::::<::::<::: >: >::: »:::: >:;: :.::..::.:::.::.:::.....:. »:' » <:':. > <:::: >:<: ........................ ............................... ff...... ............... 1.:l 0. ........:.::::::::•:::....:.3., �.Z:.::.:::.:::..:........... ............... ............................... • BROOKLYN CENTER STORM DRAINAGE UTILITY 1997 RATE REVIEW Background The City Council on October 10, 1995 adopted Resolution 95 -226, which established storm drainage utility rates for 1995. The Council annually reviews established rates for their adequacy and makes adjustments as necessary. A Phase I study of the City's storm drainage system, the Storm Water Management Plan, has been substantially completed. A Phase II study will, with council approval, be initiated in 1997. An essential part of this process will be the development of a financial plan, which will be implemented in 1997 and subsequent years. Storm Drainage Utility Financial Performance, 1995 The storm drainage utility's financial performance in 1995 was better than anticipated. Although operating revenues and expenditures came in about as expected, lower than anticipated capital expenditures left the retained earnings higher than originally anticipated. To a great extent this was a result of a portion of the cost of the storm water pond at 63rd and • Brooklyn Boulevard being shifted to 1996. Operating revenues for 1996 are coming in about as expected and should be sufficient to cover expenditures Capital Outlays Some major projects have already been identified for 1997 including the construction of the Shingle Creek Regional Pond. As Council has already determined that revitalization of Brookdale is a high priority project, any expansion plans must be preceded by addressing the storm water runoff from the property. Although financing of the pond has not been identified, it is assumed that a portion will be paid from the Storm Drainage Utility. Storm drainage components of several street improvement projects including France Avenue and Orchard West have also been identified. Table C on the following page details the program of capital improvements outlined in the Capital Improvements Program. • Options The schedules labeled Option 1 and 2 show the financial impact of each on the existing rate schedule. Option 1 provides for a small increases in rates for the next four years. Option 2 would include a more significant increase in 1997 and minimal increases in following years. Option 3 would include no increase for 1997 and marginal increases in subsequent years. Given the uncertainty regarding the funding of the Shingle Creek Regional Pond, the uncertainty of future requirements and projects that will need to be funded from the utility, along with the volume of work already identified, staff recommends Council adopt the rates shown in Option 1. This would provide for an adequate revenue cushion and ensure the integrity of the fund. Adopting Option 2 would result in a rate increase from $32.00 per base acre in 1996 to $34.00 per acre in 1997. The average residential quarterly rate per lot would increase from $8.00 in 1996, to $8.50 in 1997. RECOMMENDATION It is recommended that the rate increase established for 1997 in Option 1, be implemented. ® Rates for the various classes of property would be increased as follows: RECOMMENDED QUARTERLY 1997 STORM DRAINAGE UTILITY RATES Classification/Land Use 1996 1997 BASE RATE $32.00 $33.00 1: Cemeteries, Golf Courses 8.00 8.25 2: Parks 15.75 16.20 3: Single Family, Duplex, Townhouse 8.00 /lot 8.25/lot 4: Schools, Government Buildings 40.00 41.25 5: Multiple Family, Churches 96.00 99.00 6: Commercial and Industrial 150.00 165.00 7: Vacant Land As As Assigned Assigned The table below details the 1997 storm drainage charges of area cities for residential properties. 1997 RESIDENTIAL STORM DRAINAGE UTILITY RATES CITY QUARTERLY CITY QUARTERLY RATE RATE Hopkins $9.00 Roseville $4.38 Richfield 8.55 Crystal 4.20 Bloomington 8.31 Robbinsdale 3.10 Brooklyn Center 8.25 Fridley 2.80 New Hope 4.80 Golden Valley 2.50 Note: Cities on the lower end of the quarterly rate scale typically fund only their watershed district dues, and in some cases some other minor operational costs for the utility. Cities on the upper end are actively constructing storm drainage improvements from the fund. e:\eng\pubufi1\rates\sdurat97 i • • TABLE C - Capital Improvement &ram - Detail of Capital Outlays • Storm Drainage Utility Capital Improvements 24- Sep -96 1~6 197 ..;;.. '1;98 <.. 1999 ; 200 2001. ' ; 2Qt�2 20A6 ; <. l~UNQ SOURCE . EXPENDITURES: SYSTEM IMPROVEMENTS Miscellaneous structure improvments 50,000 50,000 50,000 All storm drainage utility France Avenue (33,150) Neighborhood Street Improvements 1,150,000 229,650 300,000 300,000 300,000 300,000 1,625,000 WATER TREATMENT IMPROVEMENTS Shingle Creek Regional Pond 3,100,000 Not yet established Brooklyn Blvd Redevelopment Pond 250,000 MISCELLANEOUS Complete Phase II Studies 50,000 50,000 Surface Water Study 50,000 1/2 SoU, 1/2 Capital Impr Fund TOTAL EXPENDITURES $1,150,000 $3 ,696,500 $400,0001 $300,000 1 $300,000 1 $300,000 $1,675 FUND SOURCES: Storm Drainage Utility 1,150,000 571,500 400,000 300,000 300,000 300,000 1,675,000 Capital Improvements Fund 25,000 Special Assessments /Other 0 3,100,000 TOTAL 1 $1,150,000 1 $3,696,500 1 $400,0001 $300,000 $330,000 1 $300,000 1 $1,675,000 STORM DHOAGE UTILITY RATE STUDY: 1997 OP 1: Modest Increase A. 4 .;.. : .. : ,. ; Start of Year Cash & investments ,$39Q,94,$2;p19`,251, �'$d1309�7,:1.8 S95G ?0$7 3{69 EXPENDITURES Operations Personal Service 102,491 102,708 60,000 60,000 62,160 64,398 66,716 Contractual Service 96,228 80,141 50,000 50,000 51,800 53,665 55,597 Supplies & Materials 3,178 25 40,000 40,000 41,440 42,932 44,477 Other operating 2,100 2,116 22,298 11,000 11,396 11,806 12,231 TOTAL EXPENDITURES $203,997 $184,990 $172,298 $161,000 $166,796 $172,801 $179,021 REVENUES Billing Revenues $685,011 $788,897 $832,000 $858,000 $884,000 $910,000 $936,000 Miscellaneous Operating 0 O 0 0 0 0 0 Miscellaneous Non - operating 0 0 0 0 0 0 0 TOTAL REVENUES $685,011 $788,897 $832,0001 $858,000 1 $884,0001 $910,0001 $936,000 Available �i7 ItBI . ' t . .,.. ;; >•.;;;:: >. >:: , >:: .::.: _::.. <.: �:.;:.; >;:;;> Gan r lbutlon , I 1:.9.8 t9�5 1996.:.:: 189?;: _ <1998 1999 .. 209Q Non Operating Expenditures Capital Oullay (685,000) (1,204,471) (1,150,000) (571,500) (400,000) (300,000) (300,000) Debt Service 1,830,000 (90,925) 1198,815► (241,595) (243,520) (244,700) (245,200) Non Operating Revenues Interest Earnings 2,294 (18,044) 75,964 40,401 36,011 42,373 55,996 Total Not-Effect on Fund-Balance 1 ,628,308 (709,533) (613,149) (75,694) 109,695 234,872 267,774 End of Year Cash &Investments = $2;019;251 ux;;• =5,1,309 7,18 s ,,pES696;569 , $620 "875 $730 569 x `° $965;�F42t �, $1 2=216] For Information BASt .... : . :.:. ....... . .......................:....... _7 QQ;:.::; <:. >: >:..0 0032>i00.:.:. >::.:.:;..:...:.... S 3 Ap 4 .::...:.. .:.:; a Q0: 536:00 Residential rate per lot $6.75 $7.50 $8.00 $8.25 $8.50 $8.75 $9.00 Schools & govt buildings per acre $33.75 $37.50 $40.00 $41.25 $42.50 $43.75 $45.00 Multiple family & churches per acre $81.00 $90.00 $96.00 $99.00 $102.00 $105.00 $108.00 Commercial and industrial per acre $135.00 $150.00 $160.00 $165.00 $170.00 $175.00 $180.00 STORM D*AGE UTILITY RATE STUDY: 1997 O N 2: Larger 1997 Increase, Modest Increases TI after : :;;;::•;39.;;:...... 1 x;35 2Q00 Start of Year Cash & Investments a`, p3�g943,2,019;251$13Q�9718 0$66;569 :$64 „$�5 $78 Q7,7` ,x$1'048 D53" EXPENDITURES fi fit." r _.1 Operations Personal Service 102,491 102,708 60,000 60,000 62,160 64,398 66,716 Contractual Service 96,228 80,141 50,000 50,000 51,800 53,665 55,597 Supplies & Materials 3,178 25 40,000 40,000 41,440 42,932 44,477 Other operating 2,100 2,116 22,298 11,000 11,396 11,806 12,231 TOTAL EXPENDITURES $203,997 $184,990 $172,298 $161,000 $166,796 $172,801 $179,021 REVENUES Billing Revenues $685,011 $788,897 $832,000 $884,000 $910,000 $936,000 $962,000 Miscellaneous Operating 0 0 0 0 0 0 0 Miscellaneous Non - operating 0 O 0 0 0 0 O ` TOTAL REVENUES $685,011 $788,897 1 $832,000 $884,000 1 $910,000 1 $936,000 1 $962,000 Available � a[lftal Gantrtbutton ::. :.:.:....... �4�1,0.14 7 :....... .. ., .. Non Operating Expenditures Capital Outlay (685,000) (1,204,471) (1,150,000) (571,500) (400,000) (300,000) (300,000) Debt Service 1,830,000 (90,925) (198,815) (241,595) (243,520) (244,700) (245,200) Non Operating Revenues Interest Earnings 2,294 (18,044) 75,964 40,401 37,519 45,476 60,787 Ltai .- Net__Effeet_on_ Fund .RalanGe 1,628,308 (709,533) (613,149) (49,694) 137,203 263,976 298,566 End of Year Cash & Investments $2 019 251Q x,,'$.1;309;718. �k, , , :$696;569* '' '' 4$646;875'; # f$784 #0 7 40 48;053 „$,1 ";346;619; n 6 I For Information BAS w d E RAT PER AGR X27 pQ. X30 qq 832 Q:0 $34,0[7' 535 OQ 838 00 $37;00 Residential rate per lot $6.75 $7.50 $8.00 $8.50 $8.75 $9.00 $9.25 Schools & govt buildings per acre $33.75 $37.50 $40.00 $42.50 $43.75 $45.00 $46.25 Multiple family & churches.per acre $81.00 $90.00 $96.00. $102.00 $105.00 $108.00 $111.00 Commercial and industrial per acre $135.00 $150.00 $160.00 $170.00 $175.00 $180.00 $185.00 STORM DROAGE UTILITY RATE STUDY: 1997 OP 'W 3: No increase in 1997, Modest Increases Ther4wer X . .. .......... .. . ..... X ., x .......... . . .:6, . . X . . . ...... .... . ... .......... 7995 .. . ........... ......... ........ ............ . ....... Start of Year Cash & Investments I WIN WA ON, � M d I w'' N EXPENDITURES Operations Personal Service 102,491 102,708 60,000 60,000 62,160 64,398 66,716 Contractual Service 96,228 80,141 50,000 50,000 51,800 53,665 55,597 Supplies & Materials 3,178 25 40,000 40,000 41,440 42,932 44,477 Other operating 2,100 2,116 22,298 11,000 11,396 11,806 12,231 TOTAL EXPENDITURES $203,997 $184,990 $172,298 $161,000 $166,796 $172,801 $179,021 REVENUES Billing Revenues $685,011 $788,897 $832,000 $832,000 $884,000 $910,000 $936,000 Miscellaneous Operating 0 0 0 0 0 0 0 Miscellaneous Non-operating 0 0 0 0 0 0 0 TOTAL REVENUES $685,011 $788,897 $832,000 $832,000 $884,000, $910,000 $936,000 ................ . .................... ................................ 0.0 Non Operating Expenditures Capital Outlay (685,000► (1,204,471) (1,150,000) (571,500) (400,000) (300,000) (300,000► Debt Service 1,830,000 (90,925) (198,815) (241,595) (243,520) (244,700► (245,200) Non Operating Revenues Interest Earnings 2,294 (18,044) 75,964 40,401 34,503 40,778 54,308 Total Net Effect on Fund Balance 1,628,308 (709,533) (613,149) (101,694) 108,187 233,277 266,086 Ad M ON " AN, T End of Year Cash & Investments I " A.""O" 15 MR," oo For Information . .. .............................. ........ ... .... . . . ......... .. . ........ . ........ ........... . . ....... . 3.4m. X ­�!#,3 , 0*i: A . ..... x .......... ..... x .. . .... ZE A i RE .. ... . ........... 1,0 ::R' T. -2. . ......................... X ... ... Residential rate per lot $6.75 $7.50 $8.00 $8.00 $8.60 $8.75 $8.75 Schools & govt buildings per acre $33.75 $37.50 $40.00 $40.00 $42.50 $43.75 $43.75 Multiple family & churches per acre $81.00 $90.00 $96.00 $96.00 $102.00 $105.00 $105.00 Commercial and industrial per acre $135.00 $150.00 $160.00 $160.00 $170.00 $175.00 $175.00 BROOKLYN CENTER RECYCLING UTILITY 1997 RATE REVIEW Background The City Council on October 10, 1995 adopted Resolution 95 -227, which established recycling utility rates for 1996. The Council annually reviews established rates for their adequacy and makes adjustments as necessary. Recycling Financial Performance The recycling fund is primarily comprised of fees paid to Hennepin Recycling Group (HRG) for recycling services and, the charges to individual households to cover those costs. Some incidental expenditures and revenues are included for container sales and supplies. The recycling utility's financial performance was as expected for 1995 with net operating income (revenues minus expenditures) ending at 52,594. This slim operating income was due in part to a decision by HRG to provide a number of indoor /outdoor recycling containers for its member communites. Performance for 1996 is projected to provide for a net operating income of approximately $15,000. Rate Setting Considerations The Hennepin Recycling Group (HRG) has established and approved their 1997 operating budget. In that budget, HRG has indicated that Hennepin County will not decrease the recycling entitlement currently given to all HRG Communities. As a result, HRG has indicated that there will be no need for an increase in fees for 1997. The rate will be maintained at $2.15 per household per month. Recommendation It is recommended that the rate increase established for 1997 in table 1, be implemented as planned, Rates would be maintained as follows: TABLE 1 RECOMMENDED RECYCLING UTILITY RATES Recycling Rate Per Month 1996 1997 Residential Households (Per Month) $ 2.15 S2.15 Residential Households (Annual) 525.80 525.80 • 1997 WATER AND SANITARY SEWER HOOKUP RATES BACKGROUND Utility hookup rates are adjusted annually to account for inflation. This year the change in the Twin Cities Consumer Price Index was 3.0 percent. Accordingly, the proposed water and sanitary sewer hookup rates for calendar year 1997 have been increased 3.0 percent. RECOMMENDATION Approve the following hookup rates: I i Current Rates Proposed Rates Type of Property /Assessment 1996 1997 WATER HOOKUP Single Family Residence With $3,500.00 $3,605.00 Service* Single Family Residence Without 2,675.00 2,755.25 Service* Frontage (front 135 feet) 535.65 per front foot 536.72 per front foot Area (area outside front 135 feet) $11.00 per 100 square feet $11.33 per 100 square feet Service Hookup $825.00 $850.00 SANITARY SEWER HOOKUP Frontage $20.72 per front foot $21.34 per front foot Service Hookup 5825.00 $850.00 * The difference between these two rates are: "With service" means a service was installed to the property line at the time the water main was installed, but the property did not hook up to city water and was never assessed for the service. "Without service" means no service was ever installed. Aproperty now choosing to hook up would pay the hook up charge to the city, and hire a private plumber to install a service out to the water main. • ® its adoption: Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION ADOPTING THE 1997 WATER UTILITY RATE SCHEDULE WHEREAS, a municipal Public Utilities Division exists for the purpose of providing and maintaining water and sanitary sewer facilities for the citizens of the City of Brooklyn Center; and WHEREAS, it is a requirement of the City Charter that the Public Utilities Division be a self - sustaining entity through revenue provided by a uniform schedule of rates, fees and charges; and WHEREAS, City of Brooklyn Center Ordinances state, "The City Council shall adopt by resolution schedules of water and sanitary sewer rates, fees, and charges which schedules shall be known as the Public Utilities Rate Schedule". NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the following Water Utility Rate Schedule be adopted with the current rate maintained effective for all billings issued after January 1, 1997. WATER UTILITY RATE SCHEDULE 1. WATER RATES BASE RATE AMOUNT PER YEAR 1.000 GALLONS 1994 $0.82 1995 $0.86 1996 $0.86 1997 Proposed $0.89 • RESOLUTION NO. QUARTERLY MINIMUM RATE 1996 QUARTERLY 1997 METER SIZE MINIMUM CHARGE CHARG 5/8" x 3/4" $ 7 Same 3/4" $ 11 it 1 $14 it 1 '/2 It $ 18 to 2" $ 35 " 3'f $ 70 , 4 $119 6" $273 8 $515 " 10" $686 2. FEES PRESENT PROPOSED Water Meters 5/8" x 3/4" $50.00 Same 3/4" or larger Cost Plus $2.00 Same Fire Protection $50.00 Same Inspection Private Fire Hydrant Labor, Materials Same Maintenance Equipment and Overhead 3. CHARGES PRESENT PROPOSED Delinquent Account Greater of Quarterly $3.00 or 10% Same Certification to Taxes Per Account $30.00 Same Restoration of Service Monday to Friday Except Holidays • Between the Hours of 7:30 A.M. and 3:00 P.M. $25.00 Same • RESOLUTION NO. 3 CHARGES (continued) PRESENT PROPOSED Restoration of Service Anytime Saturday, Sunday and Holidays and Between the Hours of 3:00 P.M. and 7:30 A.M. on Monday Through Friday Except Holidays $75.00 Same Delinquent Meter Reading $2.00 1st & 2nd qtr. Same Per Account $5.00 3rd quarter $10.00 4th quarter (consecutive) Curb Stop Stand Pipe Repair $ 40.00 Same Hydrant Meters 5/8" x 3/4" Deposit $100.00 Same Daily Rental $ 1.00 Same Minimum Rental $ 20.00 Same 2 '/a " Deposit $700.00 Same Daily Rental $ 7.00 Same Monthly Rental $100.00 Same Minimum Rental $ 35.00 Same Date Mayor ATTEST: Deputy 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. adoption: its Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION ADOPTING THE 1997 SANITARY SEWER UTILITY RATE SCHEDULE WHEREAS, a municipal Public Utilities Division exists for the purpose of providing and maintaining water and sanitary sewer facilities for the citizens of the City of Brooklyn Center; and WHEREAS, it is a requirement of the City Charter that the Public Utilities Division be a self - sustaining entity through revenue provided by a uniform schedule of rates, fees and charges; and WHEREAS City f Brooklyn Center Ordinances state "The City Council shall ado tY Y � tY t P by resolution schedules of water and sanitary sewer rates, fees, and charges which schedules shall be known as the Public Utilities Rate Schedule". NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the following Sanitary Sewer Utility Rate Schedule be adopted with the proposed rate effective for all billings issued after January 1, 1997. SANITARY SEWER UTILITY RATE SCHEDULE 1. RATES QUARTERLY RESIDENTIAL RATES SINGLE SENIOR YEAR FAMILY APARTMENT CITIZEN 1995 $42.50 $29.75 $23.40 1996 $42.50 $29.75 $23.40 1997 Proposed $43.75 $30.60 $24.00 NON- RESIDENTIAL RATES PER 1,000 FIXTURE YEAR GALLONS UNITS 1994 $1.70 $2.65 1995 $1.70 $2.65 • 1996 $1.70 $2.65 1997 Proposed $1.75 $2.75 • RESOLUTION NO. 2. FEE PRESENT PROPOSED SAC Charge Set by MCES Set by MCES 3. CHARGES PRESENT PROPOSED Delinquent Account Greater of Quarterly $3.00 or 10% Same Certification to Taxes Per Account $30.00 Same Line Cleaning Charge Labor, Materials Labor, Materials Equipment and Equipment and Overhead Overhead Sanitary Sewer Hookup Established Established Annually by Annually by Resolution Resolution 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. ® Member introduced following 1 ntr d the f mg reso ution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING THE 1997 STORM DRAINAGE UTILITY RATE SCHEDULE WHEREAS, it is a requirement of the Brooklyn Center City Charter that Brooklyn Center's municipal utilities be self - sustaining entities through revenue provided by a uniform schedule of rates, fees, and charges; and WHEREAS, the Director of Public Services has reviewed the financial requirements of the Storm Drainage Utility and has developed a recommended rate schedule. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the following schedule of Storm Drainage fees will be in effect as of January 1, 1997: • CHARGE PER QUARTER PER ACRE Classification/Land Use 1996 1997 BASE RATE $32.00 $33.00 1. Cemeteries, Golf Courses 8.00 8.25 2. Parks 15.75 16.20 3. Single Family, Duplex, Townhouse 8.00 /lot 8.25/lot 4. Schools, Government Buildings 40.00 41.25 5. Multiple Family, Churches 96.00 99.00 6. Commercial and Industrial 160.00 165.00 7. Vacant Land As Assigned As Assigned • RESOLUTION NO. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • • its adoption: Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION ADOPTING THE 1997 WATER AND SANITARY SEWER HOOKUP RATES WHEREAS, Resolution Nos. 74-45 and 77 -113 provided for the annual adjustment of water assessment rates for non - single- family residential and single- family residential rates, respectively; and WHEREAS, said adjustment in water hookup rates is to be effective January 1 of each year; and WHEREAS, Resolution No. 88 -05 changed the month from which the annual price index change is to be calculated from October to July; and WHEREAS, the City Engineer has reported to the City Council that the change in the Twin Cities Consumer Price Index from July, 1995 to July, 1996 was an increase of 3.0 percent; and WHEREAS, City policy, based on Village policy established in April, 1956, is to calculate the cost of sanitary sewer hookup based on the average cost of a lateral system of sanitary sewers for a standard Village lot. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the water and sanitary sewer hookup rates effective January 1, 1997 shall be as follows: Type of Property /Assessment 1997 Rate WATER HOOKUP Single Family Residence with Service $3,605.00 Single Family Residence without Service $2,755.25 Frontage (front 135 feet) $36.72 per front ft. Area (area outside front 135 feet) $11.33 per 100 sq. ft. Service Hookup $850.00 SANITARY SEWER HOOKUP . Frontage $21.34 per front foot Service Hookup $850.00 RESOLUTION NO. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING THE 1997 RECYCLING RATES WHEREAS, the City of Brooklyn Center is a member of the Hennepin Recycling Group (HRG), which is a joint powers group formed pursuant to Minnesota Statutes, 1987, Section 471.59; and WHEREAS, the purpose of the joint powers agreement was to create an organization by which the member cities may jointly and cooperatively provide for the efficient and economical collection, recycling, and disposal of solid waste within and without their respective corporate boundaries, all in compliance with Minnesota Waste Management Act, Minnesota Statutes, 1987, Chapter 115A; and WHEREAS, the HRG has established a curbside recycling program for its member cities to meet the requirements of Hennepin County Ordinance No. 13, Solid Waste Source Separation for Hennepin County; and WHEREAS, Brooklyn Center Ordinance No. 89 -11 authorizes the City to establish rates for recycling services; and WHEREAS, the HRG has established a rate of onth per 2.15 per household for $ P recycling services beginning January 1, 1997; and WHEREAS, the rates for recycling services established by the HRG reflect the amount needed to fund the City's curbside recycling program after the projected reimbursement of recycling program costs from Hennepin County. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the above described rates established by the HRG for recycling services are hereby approved. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member • and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted.