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HomeMy WebLinkAbout1996 05-13 CCP Regular Session 20th copy • CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER May 13, 1996 7 p.m. 1. Call to Order 2. Roll Call 3. Opening Ceremonies 4. Council Report 5. Approval of Agenda and Consent Agenda -The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes - Councilmembers not present at meetings will be recorded as abstaining from the vote on the minutes. • 1. April 15, 1996 - Board of Equalization 2. April 22, 1996 - Regular Session 3. April 29, 1996 - Special Work Session b. Resolution Acknowledging a Gift from the Lions Club of Brooklyn Center for the Senior Transportation Program and Amending the 1996 General Fund Budget C. Resolution Authorizing the Purchase of Badger GT -486N Rugged Computers as Mobile Computing Devices (MCD' S) d. Resolution Declaring Surplus Property e. Report on Council Compensation Survey f. Resolution Amending Council Resolution No. 96 -61 Approving Projected' Use of Funds for 1996 Urban Hennepin County Community Development Block Grant Program g. Resolution Accepting Bid and Awarding Contract, Improvement Project No. 1995 -05, • Contract 1996 -C, 69th Avenue North, Shingle Creek Parkway to Dupont Avenue North, Street, Bridge Replacement, Roadway, Drainage, and Utility Improvements . CITY COUNCIL AGENDA -2- May 13, 1996 h. Resolution Accepting Quote and Authorizing Purchase and Installation of One (1) Dump Body and Hydraulic System, and Reallocation of Funds Within the 1996 Central Garage Budget I i. Resolution Accepting Quote and Authorizing Purchase of One (1) Hopper Type Sander, One (1) Underbody Plow and One (1) Hydraulic System j. Resolution Accepting Quote and Awarding a Contract, Improvement Project No. 1993 -18, Contract 1996 -K, Native Grass and Wildflower Installation, Bob Cahlander Park k. Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees (Order No. DST 05/13/96) 1. Resolution Establishing Parking Restrictions on 69th Avenue North between Shingle Creek Parkway and 1,100 Feet East of Shingle Creek m. Resolution Approving Final Plat, Cass Screw Machine Products Company • n. Licenses 6. Open Forum 7. Public Hearing a. An Ordinance Vacating Part of Street Easement (James Circle North) in Registered Land Survey Number 1482, Hennepin County, Minnesota -This ordinance was first read on March 25, 1996, and a second reading and public hearing were held on April 22, 1996. The matter was tabled and held over to tonight's meeting. -Requested Council Action: -Open the public hearing. -Take public input. -Close the public hearing. - Motion to adopt ordinance. 8. Council Consideration Items a. Set Date for Dinner Meeting with Chamber of Commerce for Tuesday, May 28, 1996, from 5 to 7 p.m. • Requested Council Action: - Motion to set dinner meeting with Chamber of Commerce for May 28, 1996, 0 from 5 to 7 p.m. • CITY COUNCIL AGENDA -3- May 13, 1996 b. Set Date for Facilitated Council Workshop for May 30, 1996, at 1:30 p.m. at Heritage Center - Requested Council Action: -Set date for workshop to be held at the Heritage Center at 1:30 p.m. c. Resolution Amending and Re- Establishing City Purchasing Policy - Requested Council Action: -Adopt resolution. d. Report on Code Compliance Initiative - Requested Council Action: - Council will be presented with a verbal report. e. Interest Rates for Special Assessments - Requested Council Action: - Motion to adopt special assessment and internal loan interest rate policy. f. An Ordinance Amending Section 3 -101 of the City Ordinances Regarding the Minnesota State Building Code • -This ordinance is offered for a first reading. - Requested Council Action: - Introduce first reading of the ordinance. 9. Adjournment • • CITY COUNCIL AGENDA -4- May 13, 1996 EDA AGENDA CITY OF BROOKLYN CENTER May 13, 1996 1. Call to Order 2. Roll Call 3. Approval of Agenda and Consent Agenda -The following items are considered to be routine by the Economic Development Authority and will be enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests, in which event the item will be removed from the consent agenda and considered at the end of Commission Consideration Items. a. Approval of Minutes - Commissioners not present at meetings will be recorded as abstaining from the vote on the minutes. 1. April 22, 1996 - Regular Session • b. Resolution Accepting Bids and Awarding Contract for Structure Demolition at 6550 West River Road (Premier Mechanical Building) 4. Public Hearing a. Regarding the Sale of Land by the Economic Development Authority in and for the City of Brooklyn Center 1. Resolution Authorizing President and Executive Director to Execute Purchase Agreement for the Sale of the EDA -Owned Property Located at 5449 Emerson Avenue North in Brooklyn Center • Requested Commission Action: -Open the public hearing. -Take public input. -Close the public hearing. - Motion to adopt resolution. 5. Commission Consideration Items a. Resolution Authorizing Acquisition of Certain Real Property Within the City of Brooklyn Center Located at 718 - 53rd Avenue North, and Authorizing Execution of Purchase Agreement and Payment for Acquisition Costs of Said Property • Requested Commission Action: -Adopt resolution. 6. Adjournment MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL • OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA BOARD OF EQUALIZATION APRIL 15, 1996 CITY HALL CALL TO ORDER The Brooklyn Center City Council met as the Board Y Y ar of Equalization and was called to order by Mayor Myrna Kragness at 7 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Debra Hilstrom, Kristen Mann, and Charles F. Nichols, Sr. Also present were City Manager Michael J. McCauley, City Assessor Stephen Baker, Senior Appraiser Joe DaBruzzi, Assistant County Assessor Tom May, and Council Secretary Carla Wirth. STATEMENT OF BOARD OF EQUALIZATION The City Manager explained the purpose of the Board of Equalization is to review the assessment rolls as they are proposed by the City Assessor for assessed market value of the property (taxes payable 1997). The Board must determine whether the property values are appropriate and whether all properties are treated fairly and equally. If not satisfied with the Board's actions, the resident may appeal to the Hennepin County Board of Equalization. REVIEW OF MINNESOTA PROPERTY TAX SYSTEM The City Assessor reviewed definitions relative to the classification of properties, which vary from agriculture to commercial and industrial properties, and how the tax capacity of each property is determined to formulate the tax levies and tax extension rate. He explained the system being used this year relating to the new tax levy determination and the area wide rate. The City Assessor reviewed Minnesota Statutes language defining how properties are evaluated, the term of the assessment year, and dates of various deadlines for activities relating to the assessment year. APPEARANCES BY TAXPAYERS WITH APPOINTMENTS A. George B. Morrow, 7212 Willow Lane North PID #25- 119 -21 -41 -0037 George B. Morrow, 7212 Willow Lane North, explained he is concerned his valuation has increased over $12,800 in one year. He stated he has contributed a lot to the community and school district in terms of tax contributions and questioned the higher valuations for property located along the Mississippi River. Mr. Morrow stated he understands the City Assessor has a set of rules to abide by which relate to the sale and value of neighboring houses; however, he is a senior citizen living on a fixed income and believes the taxation system should be based more on what he paid for the 04/15/96 -1- property ($100 /front foot or $10,000/100 foot lot). Mr. Morrow advised in 1962, he paid $22,000 for the home and $10,000 for the lot, or $32,000 plus assessments. S Mayor Kragness asked if an internal inspection of the home was made to determine valuation. The City Assessor advised on March 20, 1996, an inspection was made which indicated the initial valuation was in order. He explained an appraisal was prepared containing a two -part analysis; one for the structure alone ($75,000) and the second for the property ($75,000). Mr. Morrow asked if the City Assessor believes this is a fair means of determining taxes. The City Assessor explained this is the system as dictated by Minnesota State Statutes so it is not a matter of choice. Councilmember Nichols questioned where tax capacity comes in. The City Manager reviewed the formula used to determine the tax capacity each property is to pay. Councilmember Carmody stated she understands Mr. Morrow's suggestion regarding maintaining tax capacity at the purchase price; however, she does not support it and believes taxes must go with the market value. She concurred that $12,000 is a large increase but supports the valuation increasing according to the market value. Mr. Morrow stated he has lived at this property all of his life and plans to continue living there, so he is concerned about being forced out of his home due to taxes. • Councilmember Carmody noted that most homeowners expect the valuation to increase, not stay the same or decrease. Mr. Morrow stated he purchased this property not as an investment, but to be a home to his family. He commented again on the taxes paid to the school district. Mayor Kragness concurred with the concern regarding the various tax districts and their different tax rates. However, this neighborhood has higher valuations and this is what the Board is to consider. She noted Mr. Morrow does have the option to appeal the decision of the Board. Councilmember Hilstrom stated her concern for the tax system and hope that the Legislature will make revisions. However until that revision is made, she advised she will have to support the City Assessor's valuation. Councilmember Mann concurred and stated this is a beautiful neighborhood and she supports the suggested valuation. A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to support the estimated market value of $146,100 for 7212 Willow Lane North, PID #25- 119 -21 -41 -0037, passed unanimously. Mr. Morrow reiterated his disagreement with the method for determining valuation. 04/15/96 -2- B Robert H Bradley. 1600 -67th Avenue North, PID #35- 119 -21 -11 -0012 • Robert H. Bradley, 1600 -67th Avenue North, stated he owns an industrial building which increased in valuation $637,000, or 22% over the prior year. He reviewed the amount of taxes due and explained that leased industrial space is broken into square feet to determine rent value. Mr. Bradley reviewed rent per foot rates from other similar properties. He stated that on this property, operating costs (including real estate tax and common maintenance) are $2.01 per square foot. He compared this to a property in Bloomington with operating costs of $1.46 per square foot and another with $1.72 total of operating costs. Mr. Bradley reviewed the competitive analysis prepared by the City Assessor based on market value and asserted buildings are sold based on income analysis which values that property at slightly over $2 million. He questioned the market value, noted the City Assessor's memorandum indicating an average increase of 7.4 %, and asked why his valuation increased 22 %. Mr. Bradley questioned the competitive situation of commercial real estate in Brooklyn Center and stated if taxes are increased to $130 per square foot in 1997, it will not be competitive with other areas. The City Assessor explained the 7% figure is an average as a group with industrial percentage increases across the board not considered; properties are looked at individually. Mr. Bradley stated two of his properties increased by 22 %. The City Assessor assured Mr. Bradley this is pure coincidence and explained how the new value was generated based on typical income generated by the property annually which is then capitalized to arrive at the value. • The City Assessor stated he used $3.50 per square foot on warehouse space. Mr. Bradley reviewed the actual revenue generated by this property. The City Assessor noted Mr. Bradley owns the primary tenant of the building which reflects on the ability to generate the actual income value of the property, since it may not be reflective of actual market values. The City Assessor reviewed a chart containing median office and warehouse rents. Mr. Bradley noted the leasehold improvements must also be factored in. The City Assessor stated most times the tenant is responsible for making leasehold improvements. Mr. Bradley stated the tenant in the building is paying $3 per square foot and the new one proposed to pay $3.25 per square foot, so the argument about owning the primary tenant is not valid. Mr. Bradley asserted that a 22% market value increase is not valid and commented on the resulting negative impact on the ability to offer competitive rents. He then reviewed his experience with previous tax abatements and the cost to do sc. Mayor Kragness asked how many other properties increased by 22 %. The City Assessor stated there were a fair number over 15% and if resolved on a three -year tax appeal basis, it may average out. Mr. Bradley asserted the only one making money on appeals are attorneys. Councilmember Nichols asked if other buildings were increased by 22 %. The City Assessor stated there were others in that range but he is unsure exactly which ones. • 04/15/96 -3- Councilmember Hilstrom asked if information on previous tax abatements is available on this property. The City Assessor stated he did not bring this information to the meeting tonight but could supply it. With regard to the value of $2 million he pointed out Mr. Bradley owes $14 per square foot on this space which is beyond that range. Mr. Bradley asserted the City Assessor's numbers are not valid. Councilmember Carmody pointed out this is in the Brooklyn Center School District and there were a lot of tax abatements two years ago which hurt them. She requested more of a "comfort zone" so this does not occur again. Councilmember Carmody asked if a decision can be tabled to later in the meeting so more information can be provided by the City Assessor. Councilmember Nichols concurred with this suggestion. Councilmember Carmody noted that an increase of 22% is quite high considering nothing has been done to change the building. Mr. Bradley stated he would accept a 7.4% increase. A motion by Councilmember Carmody and seconded by Councilmember Mann to table consideration of 1600 -67th Avenue North, PID #35- 119 -21 -11 -0012, until 9 p.m. tonight passed unanimously. The City Manager advised that with more complicated cases such as this, negotiations can occur • between now and the Board of Equalization meeting. Councilmember Hilstrom requested information specific to past tax abatements and impact. C. Polo Investment CompanySRobert H Bradley), Vacant Land, PID 435- 119 -21 -11 -0002 Mr. Bradley advised this is a 3.5 acre vacant parcel with a proposed increase of 22% but he has received a letter from the City to purchase the property for $350,000. Councilmember Hilstrom asked if Mr. Bradley had accepted the offer. Mr. Bradley stated he rejected the offer. Councilmember Hilstrom asked, if the vaulation is $389,000, would he be willing to sell the property for less than that amount. Mr. Bradley stated he might and is waiting for a purchase agreement. Councilmember Carmody noted that due to the decrease to a valuation of $389,900, it is no longer a 22% increase. I The City Manager noted a conversation indicating the asking price for this property is in the $5 per square foot range which is well above the suggested valuation. I • 04/15/96 -4- A motion by Councilmember Hilstrom and seconded by Councilmember Carmody to support an valuation of $389,900 for PID 435- 119 -21 -11 -0002, based on the rationale that this includes a recommendation for reduction, passed unanimously. D. Robert E. and Margaret L. Davis 5415 Fremont Avenue North PID #01- 118 -21 -33 -0162 Robert and Margaret Davis were not present. To allow an opportunity for them to attend, Council determined to delay consideration until later in the meeting. E. William R. Kenny, 7036 Willow Lane North, PID 425- 119 -21 -44 -0023 William R. Kenny, 7036 Willow Lane North, thanked the Board for the opportunity to appear regarding this issue. He explained he owns an unusual property with 22 feet of river frontage and asserted that part of the problem in determining valuation is that the year built is incorrect. He advised his house, formerly owned by Robert and Erma Sheer, was constructed on an existing basement in 1958, and is significantly older than others in the neighborhood. Mr. Kenny explained a building permit was not pulled so it is difficult to determine age, but the basement is at least ten years older than the home. Councilmember Mann noted Mr. Kenny purchased in 1991 for $109,000 and asked if he does not believe the value has increased to $110,200. Mr. Kenny stated this is a significantly older house with brick deterioration problems. Since the brick cannot be replaced, he questioned whether the property itself is increasing in value. Also, there is a slope towards the outside of the house which he believes effects marketability. I • Councilmember Mann inquired if the slope of the house appeared after Mr. Kenny purchased the property. Mr. Kenny answered it did not. A motion was made by Councilmember Mann to support a valuation of $110,200 for 7036 Willow Lane N., PID #25- 119 -21 -44 -0023. Mr. Kenn pointed out the Kenny p comparable homes used by the City Assessor were newer homes and he believes a better comparison is the similar next door home (which has larger river frontage) which sold in July of 1995 for $93,000. Councilmember Hilstrom asked if the year built is indicated on the title. Mr. Kenny advised he purchased the home on a contract for deed. Councilmember Cam, -)dy pointed out that most buyers do not purchase a home based on the year built but, rather, based on the condition of the property and square footage. She noted Mr. Kenny purchased this property in 1991 for $109,000 and now it is valued at $110,200. Councilmember Carmody seconded the motion and it passed unanimously. 04/15/96 -5- F. Richard J. Armstrong. 5602 Logan Avenue North, PID #02- 118 -21 -41 -0076 Richard J. Armstrong, 5602 Logan Avenue North, reviewed the City Assessor's memorandum regarding his property, attempts to contact him, and desire to inspect his property since it currently has an assumed value due to lack of response to requests for inspection. He asserted his property has been excessively evaluated, knowingly, by the City Assessor's Office for a number of years. Mr. Armstrong stated in the middle of March, he obtained data on the sales of all properties in his area on Logan Avenue noting the average price of a home such as his is $65,370. He reviewed specific details regarding these types of homesteads relating to the square footage, type of lot, size of garage, etc. Mayor Kragness reviewed the dates of sales on the comparison being reviewed by Mr. Armstrong and pointed out the most recent is May of 1995. Mr. Armstrong continued to review comparable sales, dates of sale, and purchase price. A motion by Councilmember Hilstrom and seconded by Councilmember Carmody to support a valuation of $93,500 for 5602 Logan Avenue North, PID #02- 118 -21 -41 -0076, and direct staff to schedule an internal inspection passed unanimously. Councilmember Nichols asked Mr. Armstrong if he would make the property available for inspection. Mr. Armstrong assured the Board he would. It was noted if the Board moves to not change a valuation, then the only option after tonight is to . appeal to the County Board. Internal staff is unable to revaluate based on inspection. The City Manager noted if staff reviewed the property, they would make a recommendation to the County for a reduction, if applicable. The City Assessor noted any new inspection will be used for future valuations. G. Ahmed Omar, 5201 Drew Avenue North PID #10- 118-21- 12- 0020 Ahmed Omar, 5201 Drew Avenue North, was not present. A motion by Councilmember Hilstrom and seconded by Councilmember Carmody to support a valuation of $72,100 for 5201 Drew Avenue North, and allow Mr. Omar to appeal to the County Board passed unanimously. D. Robert E. and Margaret L Davis 5415 Fremont Avenue North PID #01- 118 -21 -33 -0162 Robert E. and Margaret L. Davis were still not in attendance. A motion by Councilmember Hilstrom and seconded by Councilmember Carmody to support a valuation of $81,900 for 5415 Fremont Avenue North, and allow them to appeal to the County Board passed unanimously. 04/15/96 -6- i APPEARANCES BY TAXPAYERS WITHOUT APPOINTMENTS • A. Michael Masica. 5006 Lilac Drive North. PID #10- 118 -21 -13 -0031 Michael Masica, 5006 Lilac Drive North, explained he purchased this home three years ago and believes the proposed valuation increase of $9,000 is too high because the house faces Highway 100 and this aspect only received a reduction of 3 %. He advised that the valuation for last year was $66,100 and now is proposed to increase to $75,300. Mr. Masica advised regarding noise from trains, vehicles, and air traffic. He stated he purchased this property from a widow in 1993 for $67,900 because she was unable to care for upkeep and he has not made any improvements. Mr. Masica stated he purchased this home based on location and work accessibility. Mayor Kragness stated Highway 100, the airport, and railroad were in place when the home was purchased so noise is not a new factor. Mr. Masica agreed but commented on the increase in traffic levels on Highway 100. Councilmember Hilstrom requested details on the comparisons used to determine this valuation. Mr. Masica stated one was a HUD home. Councilmember Carmody noted there was an average increase of 4% on residential homes and questioned why this one increased more. The City Assessor stated he was unable to review information on this property since Mr. Masica just called late this afternoon and the valuation was computer generated. Councilmember Hils asked sked Mr. Masica if he would be agreeable to an internal inspection. Mr. Masica answered affirmatively. A motion by Councilmember Carmody and seconded by Councilmember Nichols to approve a valuation of $75,300 for 5006 Lilac Drive North, PID #10- 118 -21 -13 -0031, and direct staff to schedule an internal inspection passed unanimously. B. Donna Siska, 5455 Brooklyn Boulevard Donna Siska, 5455 Brooklyn Boulevard, asked why there was such a terrific increase in property values in one year. The City Assessor explained sale prices increased throughout Brooklyn Center and while there had been a period of relative stability the last few years, this year showed a significant shift in what properties sold for. Therefore, an increase was necessary to stay within State -set parameters. He noted that some residents may have been pleased to see their property valuations increase; however, the other side is higher taxes. Ms. Siska asked where the additional millions of dollars generated by higher taxes is going. Councilmember Carmody explained the process of the City's budgeting process and areas which are included. Mayor Kragness pointed out the valuation is for taxes payable in 1997, not 1996. 04/15/96 -7- Ms. Siska asked if there is a "grandfather clause" in Brooklyn Center to protect seniors, living on • fixed incomes, from taxes rising unreasonably high in one year. The City Assessor informed there was discussion about this option at the State Legislature but the bill did not pass. He informed regarding other refund programs specifically targeted to delay increases to those who cannot afford it. Ms. Siska expressed her concern about this trend and advised that she is working a part-time job at minimum wage so it becomes very discouraging for seniors when taxes are increased. Mayor Kragness noted the City Assessor must abide by State Statutes and urged Ms. Siska to contact and encourage her senators and legislators to support that type of legislation. Councilmember Nichols agreed with Mayor Kragness that seniors need to become involved and talk with their senators and legislators. He commented on the negative impact of increased taxes resulting in seniors having to move out of their homes. Ms. Siska commented on other discussions about instituting a "freeze" on tax and other cost increases for seniors. Mayor Kragness noted the amount of affordable homes in Brooklyn Center and ability for first -time buyers, with the lower interest rate, to purchase a higher -priced home. Ms. Siska stated her support for a senior tax protection system and to have spread the tax increase over more than one year. APPEARANCES BY TAXPAYERS WITH APPOINTMENT - CONTINUED B. Robert H. Bradley, 1600 -67th Avenue N PID #35- 119 -21 -11 -0012 The City Manager reviewed data provided to the Council regarding Mr. Bradley's property and previous abatement approved. The City Assessor provided a more detailed review of the valuations and percentages of increase which indicated other properties that received a similar increase. Mr. Bradley asserted "two wrongs do not make a right" and reiterated the negative impact higher taxes will have on the ability to rent industrial space competitively with other communities. The City Assessor stated other city's taxes and assessments are likely to be different for 1997, as is under discussion tonight. Mr. Bradley stated his per square footage taxes today are $1.40 and next year will be $1.70. The City Assessor reviewed the requirement for valuations. Mr. Bradley pointed out this is a 19 -year -old industrial building in a neighborhood that is not improving due to theft. The City Assessor explained that values are not affected until occupancy is also impacted. Councilmember Carmody questioned abatements which were considered. The City Assessor reviewed the abatement calculations and explained the primary difference between now and then is 04/15/96 -8- that occupancy has significantly improved which is evident in that speculative industrial space is • once again being constructed. It was noted this building was highly occupied during pervious times and one consideration is that the owner is the major tenant. Councilmember Carmody stated several years ago there were several abatements which significantly impacted the Brooklyn Center School District's budget and questioned if this is the same area. The City Assessor stated he would have to study the files for that particular year but assumes the abatements were scattered and perhaps more in the office and commercial properties rather than industrial. He commented on the additional impact of falling outside State guidelines and loss of State Aids. Mr. Bradley asserted that many building owners will share his concern once they view the valuation cards and realize the tax increase. The City Assessor explained the process used for tax abatement which results in shifting taxes to other properties. Mr. Bradley stated in the past, he has been able to reach an agreement with the Assessor prior to the abatement going into court. Councilmember Nichols noted that if a property tax is reduced, the budget still needs the funds so the tax portion is spread out onto other properties. The City Assessor indicated this is correct and can sometimes be addressed by "belt tightening" but if not possible, falls to other properties. A motion by Councilmember Carmody and seconded by Councilmember Mann to support a • valuation of $3,559,000 for 1600 -67th Avenue N., PID #35- 119 -21 -11 -0012, based on the following rationale: 1) No other businesses are present to raise similar objection, 2) The proposed valuation increase is not out of line based on comparable, and 3) Lack of written documentation by Mr. Bradley to substantiate his assertions. Motion passed unanimously. APPEARANCES BY TAXPAYERS WITHOUT APPOINTMENTS - CONTINUED C. Dan Remiarz. 6201 June Avenue North Dan Remiarz, 6201 June Avenue North, stated he did some improvements and does not object to the proposed increase but is surprised, disappointed, and appalled that neither assessor lives in Brooklyn Center. He asserted that valuations from community to community are not equal and the City Assessor should live in Brooklyn Center. Councilmember Nichols noted that this issue, as it relates to public employees and teachers, was addressed in the courts and not supported. Mr. Remiarz asserted this is not true in the City of Minneapolis. • 04/15/96 -9- D. Richard Drummon 5338 Morgan Avenue North Richard Drummon, 5338 Morgan Avenue North, stated he lives one -half a block from Minneapolis • and has witnessed a lot of deterioration with neighboring properties and crime. Also, he owns a smaller home with an alley and believes it has experienced devaluation based on these conditions. E. Chuck Hurley, 7013 Humboldt Avenue North Chuck Hurley, 7013 Humboldt Avenue North, stated he hopes his valuation continues to increase and expressed his appreciation to Senior Appraiser DaBruzzi. He stated he disagrees with a 7.3% increase since he has only done cosmetic improvements such as siding and eves, and the other improvements were Code improvements. Mr. Hurley noted the average increase is only 4 %. Mayor Kragness noted the overall increase in valuations is based on the type of home involved. Mr. Hurley stated he did construct a deck but the valuation contained the incorrect size (correct size is IT by 12' not 12' by 16'). Councilmember Carmody stated she lives in this area and her property valuation increased by over 5 %. She asked if this area increased more than other areas of Brooklyn Center. The Senior Appraiser explained in the northeast neighborhood, the overall percentage was 4 %. But, the area east of Highway 252 had factors included in past years that had to be excluded which dropped their value and reduced the overall percentage for the entire area. Therefore, a 5% increase in Mr. Hurley's area was common. The City Assessor noted the land values were reviewed and Mr. Hurley's increased which impacted • the higher percentage. Mr. Hurley stated he does not object to an increase of assessed value at a fair rate, not an outlandish rate. F. George B. Morrow, 7212 Willow Lane North PID #25- 119 -21 -41 -0037 Mr. Morrow reappeared before the Board and stated that after listening to other resident's statements, he wonders why a motion is not made to hold this year's valuations based on the valuation of last year. He requested a freeze on valuation until something is figured out with the State Legislature which could take five to six years. Mayor Kragness commented it behooves all residents to attend those legislative meetings to make them aware of this important issue. Mr. Morrow encouraged the Mayor and Council to use their power to get something done. CONSIDERATION OF WRITTEN APPEALS The City Assessor reviewed the written appeal from Elsie R. Hawthorne, 5706 Logan Avenue North, PID #02- 118 -21 -14 -0002, and read it into the record. It was noted that Ms. Hawthorne is out of town and requests the ability to maintain the right to appeal to County Board of Equalization. • 04/15/96 _10- R A motion by Councilmember Hilstrom and seconded by Councilmember Carmody to support a valuation of $65,900 for 5706 Logan Avenue North, PID 902- 118 -21 -14 -002, and to attach Ms. Hawthorne's letter to the formal record passed unanimously. MOTION TO AFFIRM THE BALANCE OF THE ASSESSMENT A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to approve the balance of the 1996 assessment and accept the City Assessor's recommendation on the properties appearing at the Board passed unanimously. ADJOURNMENT A motion by Councilmember Hilstrom and seconded by Councilmember Carmody to adjourn the meeting at 9:15 p.m. passed unanimously. City Clerk Mayor Recorded and transcribed by: Carla Wirth TimeSaver Off Site Secretarial • • 04/15/96 Y • MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION APRIL 22, 1996 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Myrna Kragness at 7 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Debra Hilstrom, Kathleen Carmody, Kristen Mann, and Charles F. Nichols, Sr. Also present were City Manager Michael J. McCauley, Director of Public Services Diane Spector, City Attorney Charlie LeFevere, and Council Secretary Carla Wirth. OPENING CEREMONIES A flag ceremony was conducted by Boy Scout Troop #575. INVOCATION Ulyssess Boyd offered the invocation. COUNCIL REPORTS Councilmember Carmody reported on the Peace Garden which has been started by Evergreen School and thanked those involved. Mayor Kragness introduced Senator Don Kramer who was in attendance. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Councilmember Carmody and seconded by Councilmember Nichols to approve the April 22, 1996, agenda and consent agenda with the removal of 9b passed unanimously. APPROVAL OF MINUTES APRIL 8 1996 - REGULAR SESSION A motion by Councilmember Carmody and seconded by Councilmember Nichols to approve the minutes of April 8, 1996, regular session as printed passed unanimously. • 4/22/96 - 1 - RESOLUTION NO. 96 -86 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR IMPROVEMENT PROJECT NO. 1996 -13, PLAYGROUND EQUIPMENT REPLACEMENT AT GRANDVIEW, GARDEN CITY, KYLAWN, MARLIN, RIVERDALE AND WEST PALMER LAKE PARKS The motion for the adoption of the foregoing resolution was duly seconded by member Charles Nichols and the motion passed unanimously. RESOLUTION NO. 96-87 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT, IMPROVEMENT PROJECT NOS. 1996-01,02, AND 03, CONTRACT 1996 -B, ORCHARD LANE EAST, NEIGHBORHOOD STREET, UTILITY, AND STORM DRAINAGE IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Charles Nichols and the. motion passed unanimously. RESOLUTION NO. 96 -88 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION REJECTING BIDS FOR ONE (1) HOPPER -TYPE SANDER, ONE (1) FRONT SNOW PLOW, ONE (1) UNDERBODY PLOW AND ONE (1) HYDRAULIC SYSTEM The motion for the adoption of the foregoing resolution was duly seconded by member Charles Nichols and the motion passed unanimously. RESOLUTION NO. 96-89 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT, IMPROVEMENT PROJECT NO. 1995-04, CONTRACT 1996 -I, LIFT STATION NO. 1, AND FORCE MAIN REPLACEMENT The motion for the adoption of the foregoing resolution was duly seconded by member Charles Nichols and the motion passed unanimously. RESOLUTION NO. 96-90 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT, IMPROVEMENT PROJECT NO. 1993 -18, CONTRACT 1996 -J, BOB CAHLANDER PARK AND RIDE LANDSCAPING 4/22/96 -2- The motion for the adoption of the foregoing resolution was duly seconded by member Charles • Nichols and the motion passed unanimously. RESOLUTION NO. 96 -91 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND APPROVING COOPERATIVE AGREEMENT WITH CITY OF MINNEAPOLIS ON IMPROVEMENT PROJECT NO. 1996 -10, 53RD AVENUE, FROM XERXES AVENUE TO UPTON AVENUE, AND XERXES AVENUE, FROM 49TH AVENUE TO 53RD' AVENUE, STREET IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Charles Nichols and the motion passed unanimously. RESOLUTION NO. 96-92 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING SETTLEMENT OF SPECIAL ASSESSMENT APPEAL ON BROOKDALE TOWERS The motion for the adoption of the foregoing resolution was duly seconded by member Charles Nichols and the motion passed unanimously. RESOLUTION NO. 96- 93 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTATION FOR SHINGLE CREEK PARKWAY RETAINING WALL, IMPROVEMENT PROJECT NO. 1996 -14, CONTRACT 1996 -F The motion for the adoption of the foregoing resolution was duly seconded by member Charles Nichols and the motion passed unanimously. RESOLUTION NO. 26-94 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION ACKNOWLEDGING AND CONGRATULATING SUE LACROSSE AS THE CITY OF BROOKLYN CENTER EMPLOYEE OF THE QUARTER, FIRST QUARTER 1996, AND CONGRATULATING ALL FIRST QUARTER NOMINEES The motion for the adoption of the foregoing resolution was duly seconded by member Charles Nichols and the motion passed unanimously. • 4/22/96 -3- PROCLAMATION . Member Kathleen Carmody introduced the following proclamation and moved its adoption: PROCLAMATION DECLARING APRIL 30, 1996 AS GILBERT D. ENGDAHL DAY The motion for the adoption of the foregoing proclamation was duly seconded by member Charles Nichols and the motion passed unanimously. LICENSES A motion by Councilmember Carmody and seconded by Councilmember Nichols to approve the following list of licenses passed unanimously. AMUSEMENT DEVISE - OPERATOR Fuddruckers 5800 Shingle Creek Parkway MECHANICAL SYSTEMS Advanced Energy Services, Inc. 3650 Annapolis Lane, Suite 105 Air Conditioning Associates 690 Pierce Butler Route Delmar Furnace Exchange, Inc. 4080 83rd Ave. N. Flare Heating & A/C, Inc. 903 Plymouth Ave. N., Suite 104 Modern Heating & A/C, Inc. 2318 First Street NE Northstar Heating & Air 3298 78th Street E Northwest Sheetmetal Co. 2136 Wabash Ave. MOTOR VEHICLE DEALERSHIP CLASS A Brookdale Chrysler Plymouth 6121 Brooklyn Blvd. Brookdale. Ford, Inc. 2500 County Road 10 R.L. Brookdale Motors, Inc. 6801 Brooklyn Blvd. Iten Chevrolet Company 6701 Brooklyn Blvd. Bob Ryan Oldsmobile 6700 Brooklyn Blvd. RENTAL DWELLINGS Initial: Robert VanderShaaf 5400 -02 Russell Ave. N. Renewal: Earle Brown Farm Apartments Earle Brown Farm Apartments Boulevard Properties 5837 Brooklyn Blvd. ROI Properties 7109 -13 Unity Ave. N. PRESENTATION 4/22/96 -4- Employee of the Quarter Award to Sue LaCrosse • Mayor Kragness thanked Sue LaCrosse for her contribution as an employee and presented her with the Employee of the Quarter Award. OPEN FORUM Mayor Kragness noted the Council had received one request to use the open forum session this evening. Senator Don Kramer, Senate District 47, reviewed a letter to the editor which he submitted regarding the Shingle Creek Ponding Project. He stated Governor Carlson's original bonding request was for $482 million. After sifting through over $1.2 billion in bonding requests, the Legislature passed a bonding bill for $522 million. Unfortunately, this amount was higher than the maximum Governor Carlson wished to support to obtain a AAA bond rating which would save the State $5 million in interest payments over the life of the bonds. The Governor used the line item veto to bring the bonding bill back into line with what he believes Minnesota can afford. Senator Kramer asserted if the pond was not tied in with two other Hennepin County projects, he believes the Governor would not have vetoed the bill. He stated the Ponding Project would create ponds to collect rainwater runoff from the Brookdale area to prevent the pollution of Shingle Creek. Councilmember Nichols questioned Senator Kramer's indication there are still alternative means of funding. Senator Kramer explained he will have to do further research, but alternatives would be • a Watershed District tax, DNR funds, waivers granted, etc. Or, it could be included in the next bonding issue. Senator Kramer stated his intention to continue to pursue funding for this project. Mayor Kragness extended the Council's deep appreciation for his work on this issue. PUBLIC HEARING VACATING PART OF A STREET EASEMENT (JAIMES CIRCLE NORTH IN REGISTERED LAND SURVEY NO 1482 HENNEPIN COUNTY MINNESOTA The City Manager advised this ordinance was first read on March 25, 1996, published in the City's official newspaper on April 3, 1996, and is offered this evening for public hearing and second reading. He explained this subdivision provided for the subsequent site approval of a Denny's Restaurant adjacent to the hotel and advised staff recommends consideration of the proposed ordinance be tabled to the May 13, 1996, meeting since all of the applicant's paperwork has not been submitted at this time. A motion by Councilmember Carmody and seconded by Councilmember Mann to open the public hearing at 7:13 p.m. passed unanimously. PUBLIC INPUT No one appeared to address this proposed ordinance. A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to close the 4/22/96 -5- public hearing at 7:13 p.m. passed unanimously. . A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to table consideration of An Ordnance Vacating Part of a Street Easement (James Circle North) in Registered Land Survey No. 1482, Hennepin County, Minnesota, to the May 13, 1996, Council meeting passed unanimously. PUBLIC HEARING REGARDING AN ORDNANCE AMENDING ORDINANCE NO 95 -02 EXTENDING THE MORATORIUM ON THE SITING OF ADULT ESTABLISHMENTS The City Manager advised this ordinance was first read on March 25, 1996, published in the City's official newspaper on April 3, 1996, and is offered this evening for a public hearing and second reading. A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to open the public hearing at 7:15 p.m. passed unanimously. PUBLIC INPUT No one appeared to address this proposed ordinance. A motion by Councilmember Nichols and seconded by Councilmember Carmody to close the public hearing at 7:15 p.m. passed unanimously. ORDINANCE NO. 96 -04 • Member Debra Hilstrom introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING ORDINANCE NO. 95-02 EXTENDING THE MORATORIUM ON THE SITING OF ADULT ESTABLISHMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and passed unanimously. COUNCIL CONSIDERATION ITEMS UPDATE ON MOBILE DIGITAL TERMINALS FOR POLICE SQUADS The City Manager indicated the software for the Mobile Digital Terminals for the police squads is currently being tested and it is anticipated installation will begin mid -May. The computer aided dispatch portion of the system that is located within the police operations in City Hall has gone live. UPDATE ON BITUMINOUS CONTRACTING This item was tabled upon adoption of the agenda. 4/22/96 -6- ADJOURNMENT i A motion by Councilmember Hilstrom and seconded by Councilmember Nichols to adjourn the meeting at 7:18 p.m. passed unanimously. City Clerk Mayor Recorded and transcribed by: Carla Wirth Timesaver Off Site Secretarial • 4/22/96 -7- t 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 APRIL 29, 1996 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in special work session and was called to order by Mayor Myrna Kragness at 7 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Debra Hilstrom, and Kristen Mann. Councilmember Charles F. Nichols, Sr. was excused from tonight's meeting. Also present were City Manager Michael J. McCauley, Community Development Director Brad Hoffinan, Community Development Specialist Tom Bublitz, and Council Secretary Carla Wirth. FACILITATED COUNCIL WORKSHOP • The City Manager advised Mr. Neu is available on June 15 or 22. Due to vacation and other scheduling conflicts, the Council requested the City Manager determine if Mr. Neu is available an afternoon and evening, rather than a weekend. DISCUSS USE OF CDBG FUNDS The Community Development Specialist provided a brief history of the Community Development Block Grant (CDBG) program, eligible activities, and what Brooklyn Center has been doing over the past several years with an emphasis on housing rehabilitation. The Community Development Director explained CDBG started as a grant program with the objective of getting money into the housing stock for rehabilitation without the opportunity to use the funds for speculation. But, the CDBG program has now developed into somewhat of a loan program. Concilmember Hilstrom inquired regarding the number of CDBG recipients who are also recipients of first -time home buyer program funds. The Community Development Specialist stated he also shares this concern and believes there are some involved in both programs. The City Manager pointed out in three years, about $250,000 per year will be received for eligible allocation. He commented on focus topics and issues related to endowment, condemnation, and loans for repayment. It was noted that rehabilitation projects could be shifted to the County which 4/29/96 _ 1 _ r would free -up City staff time. He asked if the Council wishes to continue the current programs or have staff research with the County the option of targeting specific neighborhoods to provide a focus 0 and concentration to neighborhood improvement and redevelopment, as opposed to isolated scattered site improvements. Discussion ensued regarding the issues involved with changing the focus of CDBG use to target specific neighborhoods while still being able to address situations involving one junk house in a block of nicer homes. The "strings" attached to CDBG use which makes it difficult to find qualified uses was noted. The Community Development Specialist explained the option of removing blighted properties and selling the property at market price compared to other programs which would better benefit low- to moderate - income residents. The Community Development Director commented the issue is if Brooklyn Center is doing nothing but slum and blight rehabilitation, which may establish a precedent the County would be concerned about. The City Manager asked if the Council would like staff to research the option to refocus the use of CDBG and determine priorities, to hold another hearing, and reallocate funds. Councilmember Carmody pointed out an area in the southeast section of Brooklyn Center which she supported to target with CDBG funds. The City Manager suggested an option of removing several • houses between Camden Avenue and 4th Street and creating a housing opportunity on the parkway which provides some replacement as well as an "anchor" in that neighborhood. It was noted this is the same area which constantly receives compliance orders. Councilmember Carmody suggested a backup area would be June and 69th Avenues. Councilmember Hilstrom indicated support to shift the focus from scattered site rehabilitation to a target area and suggested staff prepare a recommendation on areas which can be targeted that will comply with Hennepin County guidelines and qualify for funding. Councilmember Mann concurred. The City Manager suggested a public hearing be scheduled in May to revise the allocation of CDBG funds for use in 1997. The Community Development Specialist recommended if the Council reduces rehab funds, the elderly rehab projects not be eliminated. i Councilmember Hilstrom suggested �a the use of scattered site acquisition funds be considered for any eligible home within a targeted area. Council consensus was reached to consider a CDBG reallocation of $60,000 for the Rehab Loan Program, $6,000 for the H.O.M.E. Program, and add $109,000 for scattered sites acquisition. These 4/ � , reallocations will be considered at a public hearing with the possibility of some future adjustments. It was also agreed to consider focusing CDBG funds at 53rd Avenue as a target area and 69th Avenue as a backup target area, and to direct staff to approach Hennepin County about assuming rehab projects with the understanding Brooklyn Center will comply with the County's program guidelines. It was also agreed to reconsider the endowment issue and if focusing the money to a target area, then the Council will consider the option of condemnation, if deemed necessary. Councilmember Hilstrom suggested the area off 63rd Avenue and Brooklyn Boulevard as another target area option. The City Manager advised staff 'is also considering how Tax Increment Financing (TIF) can be incorporated as one of the "building blocks" into this type of rehabilitation program. ADJOURNMENT A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to adjourn the meeting at 8:40 p.m. passed unanimously. City Clerk Mayor • y Recorded and transcribed by: Carla Wirth . Timesaver Off Site Secretarial 4/29/96 _ ; _ MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Charlie Hansen, Finance Director C H DATE: May 6, 1996 SUBJECT: Resolution Acknowledging a Gift from the Lions Club of Brooklyn Center for the Senior Transportation Program and Amending the 1996 General Fund Budget The attached resolution recognizes a donation and amends the 1996 budget to increase the g g estimated revenues and the Social Services Division appropriations by the amount of the donation. The City Charter allows the City Council to increase the budget, but only if there are actual revenue increases to offset the increased appropriations. During deliberations for the 1996 budget, the City Council reduced the requested amount for Senior Transportation from $11,598 to $10,181 as part of an overall reduction of $50,000 in social services spending. The Council recommended that the seniors do some private fund raising to make up the difference. This $200 donation represents one successful effort to raise money for the program. adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION ACKNOWLEDGING A GIFT FROM THE LIONS CLUB OF BROOKLYN CENTER FOR THE SENIOR TRANSPORTATION PROGRAM AND AMENDING THE 1996 GENERAL FUND BUDGET WHEREAS, the Lions Club of Brooklyn Center has presented the City a gift of two hundred dollars ($200) and has designated that it be used for the senior transportation program; and WHEREAS, the City Council is appreciative of the gift and commends the Lions Club of Brooklyn Center for its civic efforts. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, to acknowledge the gift with gratitude and amend the 1996 General Fund Budget as follows: 1. Increase estimated revenues for the following line item: General Fund Revenues - Donations $200 2. Increase the appropriation for the following line item: Social Services Division, Senior Transportation $200 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. YP P ��ppKIYif CEpt BROOKLYN CENTER POLICE DEPARTMENT POLICE MEMORANDUM TO: Michael McCauley, City Manager FROM: Scott Kline, Chief of Police DATE: May 6, 1996 SUBJECT: Mobile Computing Device (MCD) Project The police department has satisfactorily completed the hardware testing of the Badger GT -486N, the selected unit as the MCD. The police department is requesting to purchase ten of the Badger GT -486N units, as approved in the 1996 budget. The police department is also requesting one- third of the cost towards a unit for LOGIS. The cost of the LOGIS unit is shared among the three cities that are part of this joint project. Attached is the resolution for the final approval for the purchase of the mobile units. Attachment SK:pph • • adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION AUTHORIZING THE PURCHASE OF BADGER GT -486N RUGGED COMPUTERS AS MOBILE COMPUTING DEVICES (MCD'S) WHEREAS, the Mobile Computing Device (MCD) project is a joint project with the cities of Brooklyn Center, Golden Valley, and St. Louis Park; and WHEREAS, a LOGIS Bid Proposal was done (contract number MDT9501) and an unanimous decision was made to select Badger Computers as the vendor for the MCD units; and WHEREAS, the city council authorized the purchase of MOD's under resolution number 95 -172; and WHEREAS, an appropriation of $75,020 was approved in the 1996 budget for the purchase ofMCD's and mounts; and • WHEREAS, the price for the purchase of ten (10) units and one -third the cost of a unit for LOGIS is $72,305; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that: 1. The purchase of ten (10) Badger GT -486N computers and one -third the'cost of a unit for LOGIS under the bid proposal (contract number MDT9501) in the amount of $72,305 be made. 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. 5QG City of Brooklyn Center Memorandum TO: Michael McCauley, City Manager FROM: Kelli Wick, Human Resources /Purchasing Technician DATE: May 6, 1996 SUBJECT: 1996 City Auction As in the past, items that are going to be auctioned must be declared surplus property by the City Council. Attached is a copy of a Resolution declaring such property surplus. If you have any questions, please contact me. Thank you. • • adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION DECLARING SURPLUS PROPERTY BE IT RESOLVED by the City Council of the City of Brooklyn Center that the list of property on file with the Deputy City Clerk is hereby declared surplus property and is hereby authorized for public sale at the annual City auction to be held on May 18, 1996. 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. • • Auction List, 1996 Auction List 1996 Item Description Case # 100 White and neon yellow bike 91 -10544 101 Dyno chrome bike 93 -09648 102 Magna Fugitive 16" Girl's 95 -01960 103 Vista Esquire 27" 10 speed Men's 95 -02699 104 Huffy Stalker 26" 18 speed Men's 95 -04189 105 Magna 26 " 10 speed 95 -04282 106 Kent Fun Time 18" Girl's 95 -04624 107 Freespirit 20" boys 95 -05147 108 Huffy 26" 10 speed boys 95 -05525 109 Magna Fugitive 26" Girl's 95- 05693 110 Columbia Sweet Miss 20" Girl's 95 -05968 111 Kent Fusion 20" 5 speed 95 -06000 112 Murray Camp Pacific 20" 95 -06001 • 113 Schwinn Spirit 26" 10 speed 95 -06295 114 Bianchi 27" 95 -06780 115 Huffy Timber 27" men's 95 -06780 116 Huffy Free Spirit 24" Girl's 95 -06780 117 Murray Sebring 26" 95 -07065 118 Centurion 26" Girl's 95 -07065 119 Murray 20" BMX 95 -07342 120 Columbia Boy's 20" 95 -07487 121 Murray Rock Point 26" 95 -07495 122 Huffy Sweet Style 26" 10 speed 95 -07600 123 Raleigh Record 27" 95 -07653 124 Unknown make 26" 10 speed 95 -08097 125 Penny's slight weight 26" 95 -08214 126 Schwinn varsity 26" 95 -08373 127 Schwinn 26" 95 -08397 128 Raleigh 26" 95 -08485 129 Raleigh 26" 95 -08606 130 Performer 20" BMX 95 -08665 131 West Point 26" 95 -08705 132 Murray 24" 95 -09021 133 Huffy Power System 16" BMX 95 -09066 134 Columbia 26" 3 speed 95 -09104 • 135 Murray Fox River 26" 95 -09246 Auction List, 1996 Page 2 Item Descriptio n Case # 136 Dyno VFR 20" 95 -09377 137 Columbia Bromleigh 26" 3 speed 95 -09795 138 Huffy 26" 12 speed 95 -09795 139 Unknown make 26" 95- 09795 140 Huffy Capri 24" 10 speed 95 -09830 141 Diamond Back Curca 26" 12 speed 95 -09861 142 Pacific Precision Drive 20" 5 speed 95 -09861 143 Schwinn Sprint 26" 10 speed 95 -10057 144 Huffy 20" BMX 95 -10095 145 Schwinn 26" 10 speed 95 -10218 146 Charger 26" 10 speed 95 -10549 147 Huffy Rock Trail 26" 10 speed 95 -10555 148 Huffy 20" 95 -10628 149 Unknown make 20" BMX 95 -10636 150 Huffy Pacific Waves 20" 95 -10638 151 Randor Galaxy 26" 10 speed 95 -10638 152 Huffy Ultimate 26" 10 speed 95 -10638 153 Delta 26" 95 -10845 ® 154 Unknown make 24" 95 -11090 155 Columbia Torpedo 26" 95 -11384 156 Motobecane Mirage 26" 10 speed 95 -11415 157 Piranha 95 -11498 158 Magna Double Divide 95 -11544 159 Roadmaster Javelin 26" 15 speed 95- 11691, 160 Schwinn High Plains 20" 95 -11894 161 Unknown brand 18" 95 -11936 162 Roadmaster 20" BMX *95 -12059 163 Fuki Traveler 20" 10 speed 95 -12238 164 Glacier Point Magna 18" 95 -12390 165 Murray Fox River 95 -12492 166 Schwinn Jet Fire 95 -12530 167 Magna 18 speed 95 -12555 168 JC Penney Racer 26" 10 speed 95 -12564 169 Huffy Whitehawk 24" 10 speed 95 -12594 170 Huffy Whiteheet 26" 95 -12904 171 K -Mart All Pro 26" 5 speed 95 -12904 172 Sears 20" 95 -12905 173. Huffy Street Challenger 20" BMX 95 -12909 174 Unknown make 12" 95 -1952 175 Iverson Grand Sport 20" 10 speed 95 -12976 176 Unknown make 26" 10 speed 95- 12994 Auction List, 1996 Page 3 Item Description Case # 177 Unknown make 24" 10 speed 95 -13075 178 Huffy Yosemite 26" 18 speed 95 -13308 179 Huffy Stone MTN 26" 18 speed 95 -13318 180 Huffy Omni 10 95 -13374 181 Magna Glacier Point 95 -13374 182 Roadmaster 95 -13374 183 Huffy Ultima 95 -13377 184 Schwinn Varsity 26" 10 speed 95 -13533 185 Huffy 26" 10 speed 95 -13536 186 Huffy Summerset 26" 10 speed 95- 13588. 187 Huffy 17" 95 -13609 188 Huffy Canyon 20" 95 -13709 189 Magna Fugitive 16" BMX 95 -13889 190 Schwinn Breeze 26" 3 speed 95 -13900 191 All Pro 26" 10 speed 95 -13994 192 Raleigh Talon 26" 21 speed 95 -14134 193 Schwinn 16" 1 speed 95 -14552 194 Schwinn 26" 95 -14610 • 195 Schwinn 26" 10 speed 95 -14618 196 Murray 26" 10 speed 95 -14949 197 Fuji 28" 12 speed 95 -15028 198 Huffy Roadmaster 27" 95 -15029 199 Schwinn 10 speed 95 -15138 200 Schwinn 16" 1 speed 95 -15192 201 Hedstrom 20" 95 -15360 202 Open Road 26" 95 -15511 203 Columbia 26" 15 speed 95 -15718 204 Murray Spectra 24" 95 -16122 205 Marray Obsession 26" 10 speed 95 -16403 206 Peugeot HLF Marseille 27" 10 speed 95 -16048 207 Galaxy Precision 26" 95 -16461 208 JC Penney 26" 12 speed 95 -16461 209 Firenze 26" 18 speed 95 -16461 210 Unknown make 20" 95 -16488 211 Roadmaster 24" 95 -16488 212 Raleigh Triumph 28" 95 -16497 213 Huffy Vortex 20" 95 -16543 214 Kent Concept 16" 95 -16697 215 Magna 20" 15 speed 95 -16756 216 Huffy 20" 1 speed 95 -16769 217 Murray Obsession 26" 10 speed 95 -16859 • Auction List, 1996 Page 4 Item Description Case # 218 Sears Free Spirit 26" 3 speed 95 -16927 219 Trendz Nasty 20" 95 -16927 220 Magneet Ascot Sport 26" 1 speed 95 -16927 221 Raleigh Record 24" 10 speed 95 -16927 222 Roadmaster Club Mesa 26" 18 speed 95 -16929 223 Huffy USA 26" 10 speed 95 -17038 224 Breakfree Roadmaster 24" 15 speed 95 -17082 225 Magna Great Divide 24" 95 -17169 226 Huffy Dancin' 20" 95 -17287 227 Holiday 26" 10 speed 95 -17472 228 Huffy Stalker 26" 18 speed 95 -17898 229 Magna Power Climber 24" 10 speed 95 -18184 230 Magna Power Climber 24" 10 speed 95 -18263 231 Huffy Sun Country 26" 3 speed 95 -18311 232 Murray Teamster 20" 95 -18642 233 Huffy Sea Trail 26" 1 speed 95 -19041 234 Magna 26" 10 speed 95 -19722 235 Magna Great Divide 26" 10 speed 95 -19909 236 Unknown make 28" 95 -20020 237 Schwinn Collegiate 28" 95 -20030 238 Huffy 20" 1 speed 95- 20269 239 Schwinn Varsity 26" 10 speed 95 -20269 240 Free Spirit 26" 10 speed 95 -20269 241 Huffy 27" 96 -00050 242 Galaxy II Precision 26" 96 -02281 243 Odessy 20" BMX 96 -02307 244 Black Suit Case 95 -18372 245 Hexen CD Rom 96 -02585 246 Dark Forces CD Rom 96 -02585 247 Aliens DOS CD Rom 96 -02585 248 Relentless CD Rom 96 -02585 249 2 CD's 96 -02585 250 3 CD's 96 -02585 251 2 CD's 96 -02585 252 3 CD's 96 -02585 253 1 CD 96 -02585 254 3 CD's 96 -02585 255 1 Pair Gloves 96 -02585 256 Cat Figurine 95 -19391 • 257 Sony Short Wave Radio 95 -19119 258 Vacuum Bags 95 -18660 Auction List, 1996 Page 5 Item Description Case # 259 Coleman Cooler 95 -14495 260 Nike Infant T- shoes, Size 6 96 -00118 261 8 CD's in Black Case 95 -13633 262 Alpine Detachable Face Model 7525 95 -03594 263 Alpine Detachable Face Model 75175 95 -03594 264 Pioneer AM/FM Car Radio 95 -03594 265 JVC Car Stereo 95 -04852 266 Kodak Camera 94- 17915 267 Pioneer Amp Model GM H120 95 -01267 268 2 Pioneer Speakers 95 -01267 269 Sony Car CD Player 95 -01267 270 CD 95 -01267 271 Purse 95 -13649 272 Swimsuit 95 -07665 273 Swimsuit 95 -07665 274 Plastic Tool Box with Miscellaneous Tools 95 -00646 275 U9 Boom Box 95 -08812 276 Black Box with Darts 95 -10107 • 277 Polaroid Camera 93 -09994 278 Pioneer AM/FM Cassette Player 93 -09994 279 2 Jensen 100 Watt Speakers 93 -09994 280 Mobile Authority 800 Watt Amp 93 -09994 281 Rubber Mallet 95 -07225 282 Hydraulic Jack 95 -07225 283 Spinner Wrench 95 -07225 284 Hammer 94 -18898 285 2 Hub Caps 95 -07961 286 3 Hub Caps 95 -12345 287 1 Pair of WoMen's Boots 93 -20305 288 Panasonic CD Player 94 -20339 289 Small Screwdriver 94 -20339 290 1 Pair of Guess Jeans 94 -20339 291 Sweater 94-20339 292 Iron 95- 12813 293 VHS Movie "Blind Side" 96 -01077 294 VHS Movie "Scar Face" 96 -01077 295 VHS Movie "Imitation of Life" 96 -01077 296 Jean Jacket 96 -01077 297 Black Jeans 96 -01077 • 298 Blue Jeans 96 -01077 299 4 CD's 95 -04876 Auction List, 1996 Page 6 Item Descriptio Case # 300 4 CD's 95 -04876 301 4 CD's 95 -04876 302 4 CD's 96 -04876 303 White Ball Cap 95 -07299 304 T -Shirt 95 -07299 305 Skirt/Sweater 95 -07299 306 Blue Jeans 95 -07299 307 Phonic Ear with Headphones 95 -10243 308 Phonic Ear with Headphones 95 -10243 309 Phonic Ear with Headphones 95 -10243 310 Fila Jersey 95 -20804 311 Fila Sweatshirt 95 -20804 312 Fila Sweatshirt 95 -20804 313 Black Jeans 95 -20804 314 Belt 95 -20804 315 32 Tapes on Vacation Resorts 92 -08432 316 Tool Box 93 -16793 317 Smith Corona Electric Typewriter 93 -19639 318 Backpack with Stereo Cables 94 -18314 319 Black and Blue Medium Jacket 94 -18314 320 Rockwood Amp 94 -18314 321 CD Case with 16 CD's 94 -18314 322 Pioneer Power Amp 94 -18314 323 Kenwood Power Amp 94 -18314 324 Removeable Sony player front 94 -18314 325 Sony CD Player 94 -18314 326 Pioneer CD Player 94 -18314 327 5 Cassette Tapes 94 -18314 328 Dent Puller 94 -18314 329 Black Case with 10 Cassettes 94 -18314 330 Beatles CD 94 -18314 331 Craig Amp 94 -18314 332 Sony 2 Channel Power Amp 94 -18314 333 Blaupunkt Amp 94 -18314 334 Delco Radio 94 -18314 335 Black Case with Sockets 94 -18314 336 Aluminum Bat 94 -18314 337 3 Oldsmobile Hubcaps 94 -18314 313 8 2 Speakers 94 -18314 • 339 Black and White Bag 95 -06728 340 Corelle Set 93 -19527 Auction List, 1996 Page 7 Item Description Case 9 341 2 Boxes Pampers 93 -19527 342 Panasonic Telephone 93 -19527 343 1 CD, Thank You Notes, 2 Bottles Cologne 93 -19527 344 Large piece of Cut Fabric 93 -19527 345 Yellow Shirt 93 -19527 346 Blue Sweat Pants 93 -19527 347 Sweater 93 -19527 348 1 Box of Pampers, Baby Wipes 93 -19527 349 Sweater 93 -19527 350 Sweater 93 -19527 351 Sweater 93-19527 352 Shirt 93 -19527 353 Diaper Covers 93 -19527 354 Men's Briefs 93 -19527 355 Cloth Diapers, Huggies 93 -19527 356 Child's Hooded Jumper 93 -19527 357 Child's Jumper 93 -19527 358 Baby Bottle Scrubber 93- 19527 • 359 GE VCR 94 -14668 360 GE VCR 94 -14668 361 2 Small Purses 91 -03973 362 Nike Air T -Shoes 95 -20643 363 Nike Air T -Shoes 95 -20643 364 Ball Pean Hammer 94- 1211.7 365 Hydraulic Jack 93 -01573 366 Hair Trimmer 93- 12335 367 Blouse 93 -12335 368 Skirt 93 -12335 369 T -Shirt 93 -12335 370 6" Crescent Wrench 95 -17588 371 Hammer 95- 01766 372 Hammer 95 -07868 373 Sweatshirt 93 -05474 374 Jeans 93 -05474 375 3 Pair of Socks 93 -05474 376 Jeans 93 -05474 377 Jeans 93 -05474 378 Aluminum Bat 95 -01265 379 Handbag 93 -16067 380 Child's Shirt and Pants 94 -03550 • 381 Cutters 94 -17146 • Auction List, 1996 Page 8 Item Description Case # 382 Ratchet 95-02384 383 Cassette Tape 93 -05356 384 Shirt 95- 07491 385 2 CD's 95 -09312 386 Omni Car Stereo 94 -18471 387 Roadstar Car Stereo 94 -18471 388 Sony Car Stereo 94 -18471 389 Pioneer Power Amp 94 -18471 390 Motorola Phone 94 -18471 391 U.S. West Phone 94 -18471 392 Large Blau Speaker 94 -18471 393 Cap 94 -18620 394 Cap 94 -18620 395 Roller Blade Poles 94 -18682 396 Watch 95 -09259 397 Levi Jeans 88 -13801 398 Shirt 88 -13801 399 Slacks 88-13801 400 Jeans 94 -16444 401 Jeans 94 -16444 402 Jeans 94 -16444 403 Jeans 94- 16444 404 Jeans 94 -16444 405 Jeans 94 -16444 406 Curtis Mathis Cassette Deck 94- 13311 407 Car Stereo 95 -04304 408 Black Case with Many Cassettes 95 -04304 409 Sharp VCR 93 -20257 410 Samsung TV 93 -20257 ITEM DESCRIPTION �Al[ 500 Xerox 6020 Memory writer Typewriter, Serial # 03C 263493 11889 501 Storage Locker with bins inside 502 3x5 Index card storage = 4 sets (2 drawers each) 503 Tall file cabinet: letter sized + index cards drawers 504 Five drawer metal file cabinet (legal) - Deleted 505 4 drawer metal file cabinet (legal) • 506 Hanging plans cabinet 507 Traffic Counters with tubes (5) 11916 - 11919; 11571 Auction List, 1996 Page 9 • ITEMS DESCRIPTION EAN 508 Two drawer file cabinet on wheels (buff) 11619 509 286 computers - harddrives (5) 510 4 keyboards (not compatible with new equipment) 511 Wicker chairs (16) 512 Pine and wicker chairs (2) 513 Antique wood chair from suite (broken back) 514 Lubricant Pump - silver; Model #8569- 4 -M -2; Steward Warner (2) 515 Lubricant Pump - silver; Model #8569- 4 -P -11; Steward Warner 516 Dispersing Nozzle - silver; Model #3685- 7 -M -11; Steward Warner 517 Dispersing Nozzle - silver; Model #3685- 1 -P -8; Steward Warner (2) 518 Dispersing Nozzle - silver; Model #3683 -M -6; Steward Warner 519 Dispersing Nozzle - silver; Model #3685- 1 -H -10; Steward Warner 520 Manual for pumps & nozzles 521 Battery charger; Model #8250; Silver Beauty; 250 amp start 522 Steward Warner Silver Wheel Hose Reels 523 Repair and Parts Manual for Chevrolet Ford Intl. Light Truck (8) 524 Repair Manuals for Ford, Chevrolet A Body Celebrity & Citation 525 Lunch room door; light brown; 3" wide • 526 Wheelchair - chrome with green pads 527 Neverrust Toolbox; white; fits S 10 or Ranger Pickup 528 Taurus rear seat cushions; blue (4) 529 Rear step bumper; Chev 3/4 Ton 530 Bookcase (brown); 36Hxl2Dx30W; 3 shelf with sliding doors 531 Pickup Box Rack; Fits S -10 Chev or Ford Ranger 532 File two drawers; brown; legal size 533 36" Hydraulic rams with prince hydraulic hand pump & hi /lo jeep (2) Hydraulic pump with 6" pulley 534 Tool carrier Tool Box; yellow; 4'x24'xl8 ", large opening door 535 Hard hats & liners (2 bags) 536 Protect Air #650; Kennel -acre; dividers from old squad cards (12) 537 Air conditioner, White Westinghouse; light to dark brown front 538 Craftsmen Electric Drill Press Stand; Model #10725630; 539 Unity Spot Lights; Par 36 & Par 46 lamp size; bulbs good (25) 540 Chevrolet/GM Truck/van Jack Kit 541 Assorted Tech /Lauson Parts for .2 cycle engine weedeaters (1 box) 542 6- 12 -24V Assorted light bulbs and seal beams (1 bin) 543 Assorted air filters (Fram) for GM & some Ford engines (1 bin) 544 Motorcraft and Fram filter for Ford 429 gas engine 1975 -1985 545 LF600 -800 Series Trucks (one bin) • 546 Motor manuals for wiring & vacuum diagrams for domestic cards 1975 & 1979 Eleventh and Thirteenth Edition Auction List, 1996 Page 10 ITEM _# DESC IPTiON EAN 547 Misc. automotive parts (2 bins) 548 Misc. old warning lights, flashers & brackets (1 bin) 549 Van cargo rack city made fit Aerostar (1) 550 Dividers from squad cars - city made /steel /Plexiglass (2) 551 HP Vectra PC w /keyboard & monitor; Serial #2542A01962 10882 552 HP Portable Vectra CS; Serial #2741A16168 w /leather case, battery charger 11609 553 Stihl Weedwhip; Serial #24926874 554 Stihl Weedwhip; Serial #24926873 555 Victor 1560 Calculator; Serial #39048226 11559 556 Trane Gas Furnace; Model #GSNC0l0EJC23AlAC; Serial #A- 91D07357; 76,000 BTU /hr. 557 Miscellaneous office /desk equipment. 558 Squad Room Chairs (10) 559 Miscellaneous Chairs; Aqua, Orange Brown, Gray, Blue, Mauve 560 Stool (1) 561 Desk (1) 562 Drafting Table (1) 563 Coat Rack (1) 564 Cash Registers 565 Disco Ball 566 1977 Oldsomobile Vehicle This list is subject to change. A complete auction list will be available at the City Auction, Saturday, May 18, 1996. • 3 City of Brooklyn Center A great place to start. A great place to stay. • MEMORANDUM TO: Mayor Myrna Kragness Councilmember Kathleen Carmody Councilmember Debra Hilstrom Councilmember Kristen Mann Councilmember Charles F. Nichols, Sr. FROM: Michael I McCauley, City Manager DATE: April 24, 1996 SUBJECT: Salary Survey As required by City policy, please find a salary survey ,for Mayor and Council salaries that was compiled by Ms. Gohman. This salary survey has been forwarded to the Financial Commission as is also required by City policy. Attachment 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer ® Salary Survey - Mayor & Council Apr -96 1996 1997 City Population Mayor Council Mayor Council Apple Valley 39,188 $ 8,400 $ 6,000 $ 8,400 $ 6,000 Blaine 41,658 $ 9,576 $ 7,008 $ 9,864 $ 7,224 Bloomington 86,683 $ 16,000 $ 10,000 $ 16,000 $ 10,000 Brooklyn Ctr 28,484 $ 7,700 $ 5,700 unknown at this time Brooklyn Park 58,471 $ 13,356 $ 8,904 unknown at this time Burnsville 54,525 $ 9,240 $ 6,540 $ 9,240 $ 6,540 Coon Rapids 58,991 $ 12,000 $ 9,000 $ 16,000 $ 9,000 Cottage Grove 26,675 $ 7,800 $ 6,000 unknown at this time Crystal 23,703 $ 7,610 $ 5,813 $ 7,800 $ 6,000 Eagan 54,957 $ 9,000 $ 6,480 $ 9,000 $ 6,480 Eden Prairie 44,189 $ 7,200 $ 6,000 unknown at this time Edina 46,841 $ 7,000 $ 5,100 $ 7,000 $ 5,100 Fridley 28,104 $ 8,400 $ 6,100 $ 6,900 for councilmember at large, no change 97 Golden Valley 20,947 $ 9,105 $ 6,815 no change proposed at this time Lakeville 32,978 $ 9,180 $ 7,956 $ 9,444 $ 8,184 Maple Grove 43,542 $ 8,500 $ 6,500 no change proposed at this time Maplewood 32,903 $ 9,153 $ 8,054 unknown at this time Minnetonka 49,285 $ . 8,400 $ 5,604 8400 5604 New Hoe 21,651 $ 8,960 $ 6,341 $ 9,219 $ 6,525 Plymouth 57,391 $ 8,600 $ 6,300 $ 8,600 $ 6,300 • Richfield 35,261 $ 7,762 $ 6,025 unknown at this time Robbinsdale 14,255 $ 7,590 6,072 unknown at this time Roseville 33,674 $ 7,800 $ 6,000 unknown at this time Shoreview 25,957 $ . 7,740 $ 5,736 unknown at this time St. Louis Pk 43,641 $ 10,790 $ 7,202 unknown at this time Woodbury 28,627 $ 5,600 $ 4,200 $ 5,600 $ 4,200 Average $ . 8,684 $ 6,594 The survey is of metro suburbs over 25,000 in population as listed in group V of the 1995 Stanton Survey. Also included are our neighboring cities who have a population lower than 25,000. Population statistics are from the 1996 Directory of League of Minnesota Cities. City of Brooklyn Center A great place to start. A great place to stay. r MEMORANDUM TO: Mayor Myrna Kragness Councilmember Kathleen Carmody Councilmember Debra Hilstrom Councilmember Kristen Mann FROM: Financial Commission DATE: April 11, 1996 SUBJECT: Requested Analysis of Compensation Issues This memo will summarize the Financial Commission discussion from its February and March meetings. In these discussions, the commission reviewed the issues referred to them by the City Council whether changes in the method of providing compensation to City Council Members should be considered to relate compensation to meeting attendance. Among the options were: -payment on a per diem basis for meetings attended -reductions in compensation for non - attendance. The discussion of these options dealt with a number of implications of trying to tie compensation to attendance. Those issues included: -the nature of Council service -being unprepared at a meeting *enforcement issues related to determining compensation on some basis other than general performance of duties or attendance -not attending an entire meeting -whether to include commission and special meetings. Generally, the nature of public service by a Council Member is a complex set of activities that goes well beyond attendance at City Council meetings. The number and length of meetings varies. If a compensation plan was tied to meeting attendance, apportionment of compensation would be difficult. For example, if the Council had two meetings in one month and four in the • next, would Council Members be paid 50% of their monthly compensation for each of the two meetings in the one month and 25% of their monthly compensation for each of the meetings in the 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 s Memorandum to City Council Page 2 April 11, 1996 following month. Payment per meeting would result in a fluctuating compensation that could be increased or decreased by calling meetings. Similarly, if meetings were the basis of compensation, issues would arise in terms of being late or leaving a meeting early. If a meeting lasted one hour, would it be worth less than a meeting that lasted three hours? But then, if a person missed ten minutes of a three -hour meeting, would the reduction in compensation be the same as if she/he missed ten minutes of a one -hour meeting! To tie compensation to meeting attendance in this fashion would be unworkable. As part of the Financial Commission discussion, there was discussion regarding experiences at other cities in trying to deal with this situation. In looking at whether a Council Member should be disciplined in some fashion, this is generally a matter best left to the City's Charter or City Council. It would not be a financial issue. Other cities have struggled with trying to devise a formula dealing with the failure of a Council Member to perform duties and found that quantifying this for purposes of removing or penalizing a Council Member was too difficult an issue to resolve. Many issues are raised in this regard relative to illness and fairness in removal of a person for circumstances beyond the control of the individual Council Member. Also, since Council • Members are elected, it would be particularly inappropriate to void the electorate's choice except under the most egregious circumstances. In reviewing this, the Financial Commission would not be able to identify criteria upon which it would believe a reasonable consensus could be achieved on providing for a process to deal with failure of a Council Member to perform duties. In any event an issue relating to removal or censure would best be left to a Charter Commission or City Council, itself, to define. We would not, however, anticipate that this would be easily accomplished by either group. The commission believes that the potential "cure" of trying to fix compensation to attendance is probably worse than the problem. Also, attendance is generally not a problem and seeking to structure a formula to address attendance is not responding to a recurring problem in cities. In the final analysis, Council Member compensation is not intended to provide them with a salary so much as a recognition of the demands on, their time that go well beyond regularly scheduled Council meetings. Tying payment to attendance of meetings raises all of the issues detailed above and creates a whole host of issues that would bog us down trying to answer that question, rather than using that effort and time to deal with the issues of operating the city. 6 .�F Memorandum To: Michael J. McCauley, City Manager From: Tom Bublitz, Community Development Specialist �J Date: May 8, 1996 Subject: Resolution Amending Council Resolution No. 96 -61 Approving Projected Use of Funds for 1996 Urban Hennepin County Community Development Block Grant Program As follow -up to the Council work session on the City's Community Development Block (CDBG) program on April 29, the attached resolution provides for a re- allocation of the City's 1996 CDBG allocation. Since Hennepin County has not yet held its public hearing on the County -wide CDBG allocation for cities in the Urban Hennepin County CDBG program, Brooklyn Center can amend its 1996 CDBG allocation by resolution without holding an additional public hearing. Following a public hearing on MarcI7 11, 1996, the City Council approved the following allocation of CDBG funds for 1996: • Project Budget Rehabilitation of Private Property $166,054 Scattered Site Redevelopment 75,000 Household Outside Maintenance for the Elderly (H. 0. M. E.) 9,000 Total: $250,054 At its April 29,1 996, work session, the City Council agreed on the following re- allocation of the 1996 CDBG funds: Project Budge Rehabilitation of Private Property $ 60,000 Scattered Site Redevelopment 184,054 Household Outside Maintenance for the Elderly (H.O.M.E.) 6,000 • Total: $250,054 The 1996 CDBG funds become available for use by the City on July 1, 1996. Additionally, there is still approximately $98,000 from the 1995 CDBG allocation • Memorandum to Michael J. McCauley May 9, 1996 Page 2 available for the single - family rehabilitation program, along with approximately $8,000 available from 1995 for the Household Outside Maintenance for the Elderly (H.O.M.E.) program. The attached resolution would formally approve the re- allocation of 1996 CDBG funds as per the Council's direction from the April 29 work session. i ■ • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING COUNCIL RESOLUTION NO. 96-61 APPROVING PROJECTED USE OF FUNDS FOR 1996 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WHEREAS, the City of Brooklyn Center, through execution of a joint cooperation agreement with Hennepin County, is cooperating in the Urban Hennepin County Community Development Block Grant program; and WHEREAS, the City of Brooklyn Center developed a proposal for the use of Urban Hennepin County Community Development Block Grant funds made available to it, and held a public hearing on March 11, 1996, to obtain the views of citizens on local and Urban Hennepin County housing and community development needs and priorities regarding the City's proposed use of $250,054 from the 1996 Urban Hennepin County Community Development Block Grant; and WHEREAS, following the public hearing, the following projects and allocations were approved: • Project Budget Rehabilitation of Private Property $166,054 Scattered Site Redevelopment 75,000 Household Outside Maintenance for the Elderly (H.O.M.E.) 9,000 Total $250,054 WHEREAS, the City Council desires to amend the Community Development Block Grant project allocations approved in Resolution No. 96 -61. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brooklyn Center hereby amends Council Resolution No. 96 -61 and approves the following projects for funding as part of the Urban Hennepin County Community Development Block Grant program and authorizes submittal of the proposal to Hennepin County for review and inclusion in the 1996 Urban Hennepin County Community Development Block Grant program: Project Budget Rehabilitation of Private Property $ 60,000 Scattered Site Redevelopment 184,054 Household Outside Maintenance for the Elderly (H.O.M.E.) _ 6.000 . Total $250,054 • 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: May 6, 1996 TO: Michael McCauley, City Manager FROM: Scott Brink, City Engineer�o SUBJECT: Resolution Accepting Bid and Awarding Contract, Improvement Project No. 1995 -05, Contract 1996 -C, 69th Avenue North, Shingle Creek Parkway to Dupont Avenue North, Street, Bridge Replacement, Roadway, Drainage, and Utility Improvements Summary Explanation Bids for Contract 1996 -C were received on May 2, 1996. This contract consists of street, drainage, bridge replacement and utility improvements for 69th Avenue from Shingle Creek Parkway to Dupont Avenue North. The bidding results are tabulated as follows: Bidder Bid Amount Thomas and Sons Construction $1,826,893.81 C. S. McCrossan Construction, Inc. $1,864,503.35 Northdale Construction $1,871,006.66 Midwest Asphalt $2,048,690.44* *Corrected from $2,048,774.44 Of the four bids received, the lowest bid of $1,826,893.81 was submitted by Thomas and Sons Construction, Inc. of Rogers, MN. This is less than the original engineer's estimate of $1,980,000. Thomas & Sons Construction has experience in performing the various items of work included in this contract. Thomas and Sons most recently completed neighborhood street and utility improvement projects in Brooklyn Center the past two years, and is also constructing improvements for the Orchard Lane East Area Neighborhood Improvement Project. Accordingly, staff recommends acceptance of the low bid and award of the contract to Thomas & Sons Construction, Inc. of Rogers, Minnesota. Recommended City Council Action Approve the attached resolution accepting the low bid and awarding a contract to Thomas & Sons Construction, Inc. adoption: Member introduced the following resolution and moved its . RESOLUTION NO. _ RESOLUTION ACCEPTING BID AND AWARDING CONTRACT IMPROVEMENT PROJECT NO. 1995 -05, CONTRACT 1996 -C, 69TH AVENUE NORTH, SHINGLE CREEK PARKWAY TO DUPONT AVENUE NORTH STREET BRIDGE REPLACEMENT, y ROADWAY, DRAINAGE, AND UTILITY IMPROVEMENTS WHEREAS, pursuant to an advertisement for bids for Improvement Project No. 1995 -05, bids were received, opened, and tabulated by the City Clerk and Engineer, on the 2nd day of May, 1996. Said bids were as follows: Thomas and Sons Construction $1,826,893.81 C. S. McCrossan Construction, Inc. $1,864,503.35 Northdale Construction $1,871,006.66 Midwest Asphalt $2,048,690.44* *Corrected from $2,048,774.44 WHEREAS, it appears that Thomas and Sons Construction, Inc. of Rogers, Minnesota, is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The Mayor and City Manager are hereby authorized and directed to enter into a contract with Thomas and Sons Construction, Inc. of Rogers, Minnesota in the name of the City of Brooklyn Center, for Improvement Project No. 1995 -05 according to the plans and specifications therefor approved by the City Council and on file in the office of the City Engineer. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until a contract is signed. 3. The estimated project costs and revenues are as follows: Engineer's E$timate As Bid Construction $1,980,000.00 $1,826,893.81 Contingency (10 %) 198.000.00 182.689.38 Subtotal $2,178,000.00 $2,009,583.19 Engineering 225,000.00 225,000.00 Staff Engineering (2%) 40,191.66 Admin, Legal 20,000.00 • UG Power, Street Lights 270.000.00 270.000.00 TOTAL $2,673,000.00 $2,564,774.85 RESOLUTION NO. • Engineer's Estimate As Bid MSA Regular $1,475,000.00 $1,246,774.00 MSA Bridge Bonds 251,686.00 MSA Local 465,900.00 203,762.85 Water Utility 490,000.00 609,468.00 Sanitary Sewer Utility 10,984.00 Sp Assess- Street 154,000.00 154,000.00 Sp Assess -Storm Dr 88.100.00 88.100.00 TOTAL $2,673,000.00 $2,564,774.85 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded b P Y Y member II I 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: April 11, 1996 TO: Michael McCauley, City Manager FROM: David Peterson, Public Works, Superintendent SUBJECT: Resolution Accepting Quote and Authorizing Purchase and Installation of One (1) Dump Body and Hydraulic System, and Reallocation of Funds within the 1996 Central Garage Budget The 1996 Central Garage budget included $28,640.00 for the replacement of City Vehicle #208. I The vehicle was purchased earlier this year through the Hennepin County Cooperative bid program at a cost of $25,040.00. The following quotes were obtained for the purchase and installation of dump body and hydraulics on Park Dept. Truck #208. COM12 Price Crysteel $6,257.24 Midwest Kolstad $6,691.31 Truck Utilities $8,276.11 If the low quote is accepted, the total cost of the replacement of Vehicle #208 would be $31,297.24, which is $2,657.24 greater than the amount budgeted. Record sales and inflation in the pickup, light truck and sport utility industry led to higher than expected prices on some models of vehicles. The $2,657.24 is available in the Central Garage 1996 Capital Outlay budget due to lower than expected prices on some items. The attached table shows a balance of just under $15,000. The two large pieces of equipment remaining to be purchased, a tractor and a parkmaster mower, are expected to come in well under the amount budgeted. We recommend accepting the bid of Crysteel for the purchase and installation of a dump box and hydraulics, and reallocation of capital outlay savings to fund the amount in excess of the budget. adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION ACCEPTING QUOTE AND AUTHORIZING PURCHASE AND INSTALLATION OF ONE (1) DUMP BODY AND HYDRAULIC SYSTEM, AND REALLOCATION OF FUNDS WITHIN THE 1996 CENTRAL GARAGE BUDGET I WHEREAS, $28,640 was appropriated in the 1996 Central Garage budget for the replacement of City Vehicle #208, a one ton Park Department dump truck; and WHEREAS, the truck cab and chassis was purchased earlier this year through the Hennepin County Cooperative bid program for $25,040.00; and WHEREAS, the following quotes were obtained for the supply and installation of dump body and hydraulic system: om a Price Crysteel $6,257.24 Midwest Kolstad $6,691.31 Truck Utilities $8,276.11 WHEREAS, Crysteel Company appears to have submitted the lowest responsible quote in the amount of $6,257.24; and WHEREAS, the lowest quote is $2,657.24 greater than amount budgeted, and the Central Garage can contribute $2,657.24 to this shortfall, available due to favorable bids received on. other capital purchases. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center Minnesota that: 1. The quote of Crysteel Company is hereby accepted, and the purchase and installation of one (1) dump body and hydraulic system is hereby approved. 2. The sum of $2,657.24 budgeted in the 1996 Central Garage budget for capital outlays, which is available due to actual costs for equipment replacements being less than the amount budgeted, is hereby reallocated to provide for the purchase of said dump body and hydraulic system. • 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. • CENTRAL GARAGE 0 1996 Budget April 29 1996 Detail of Capital Outlay Council Purchase Description Adopted Price Difference 1. Air Compressor p $14,900 $14,624 276+ 2. Tire Bal ancer 3 $ 900 4 $3,83 $66 + 3. Oil Dist.Room Eqpt. $2,480 $2,597 $117- 4. Transfer Pump $550 $548 $2+ 5. Flatbed - #42 $77,000 $70,500 $6,500 +Est. 6. Crew Cab Truck #68 $31,320 $25,445 $5,875+ 7. Trackless Plow #72 $46,847 $55,111 8. Dump Truck 491 $82,640 $81,140 $1,500+ 9. Pickup p ruck - #116 $15,640 $12,554 $3,086+ 10. Air Compressor $11,500 $11,300 $200+ 11. Crack Routing Machine $7,600 $7,454 $146+ 12. Loader Forks $900 $799 $101+ 13. Pickup Truck #200 $15,000 $14,519 $481+ 14. Parkmaster Mower $65,000 Not purchased yet 15. Tractor #256 $28,000 Not purchased yet 16. Airless Paint Sprayer $2,800 Not purchased yet 17. Power Lift Tailgate $1,800 1,648 $152+ 18. Fertilizer Spreader $3,500 $2,200 $1,300+ 19. Mower 72" $16,000 $15,320 $680+ 20. Fire Mini Pumper $125,000 21. Compact Staff Cars 2 @ 10,650 Not purchased 22. Squad Cars $109,000 $20,248 *Vehicle #72 was over budget $8,263.55, this shortage was accounted for as folows: #68 - One (1) Ton Chevrolet Truck $2,300 #11 -1/4 ton Chevrolet Truck $1,600 #91 - 33,000 GVW Dump Truck & Acces. $1,500 $5,400 The remainder of the shortage was taken from the Sealcoating program: $ 1864 8 264 • The deduction of $5,400 (used previously) leaves us with a savings of 14 848.00 on Public Works Capital Outlay Purchases to date. MEMORANDUM DATE: April 11, 1996 TO: Michael McCauley, City Manager FROM: David Peterson, Public Works, Superintendent SUBJECT: Resolution Accepting Quote and Authorizing Purchase of One (1) Hopper Type Sander, One (1) Underbody Reversible Plow and One (1) Hydraulic System The 1996 Central Garage budget included $77,000.00 for the replacement of City Vehicle #42. The vehicle was purchased earlier this year through the State of Minnesota Cooperative Purchasing program at a cost of $45,831.24. The following quotes were obtained for the purchase of one (1) hopper type sander, one (1) underbody reversible plow and one (1) hydraulic system: C0mj2 Price Crysteel $14,997.52 • MacQueen Equip. Co. $19,649.25 We recommend accepting the quote of Cysteel for the purchase of these components. Member introduced the following resolution and moved its • adoption: RESOLUTION NO. RESOLUTION ACCEPTING QUOTE AND AUTHORIZING PURCHASE OF ONE (1) HOPPER TYPE SANDER, ONE (1) UNDERBODY REVERSIBLE PLOW AND ONE (1) HYDRAULIC SYSTEM WHEREAS, $77,000 was appropriated in the 1996 Central Garage budget for the replacement of City Vehicle #42; and WHEREAS, the truck cab and chassis was purchased earlier this year through the State of Minnesota Cooperative purchasing program at a cost of $45,831.24; and WHEREAS, the following quotes were obtained for components for City Vehicle #42: C o=aLi y Price Crysteel Company $14,997.52 MacQueen Eqpt. Co. $19,649.25 WHEREAS, Crysteel Company appears to have submitted the lowest responsible quote in the amount of $14,997.52. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The quote of Crysteel is hereby accepted, and the purchase of one (1) hopper -type sander, one (1) underbody reversible plow and one (1) hydraulic system from Crysteel at a cost of $14;997.52 is 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. sJ • MEMORANDUM DATE: May 8, 1996 TO: Michael McCauley, City Manager FROM: Diane Spector, Director of Public Services(' SUBJECT: Resolution Accepting Quote and Awarding a Contract, Improvement Project No. 1993 -18, Contract 1996 -K, Native Grass and Wildflower Installation, Bob Cahlander Park The City Council by Resolution No. 96 -66 on March 11, 1996 approved plans and specifications for Improvement Project No. 1993 -18, Contract 1996 -J, Bob Cahlander Park and Ride Landscaping. The Council on April 22, 1996 awarded a contract to Woyda and Mortel, Inc., to provide landscaping and fencing for the park and park and ride. The native grass and wildflower installation around the storm water retention pond is a specialized type of job, and this portion of the landscaping was not included in the main landscaping project. Instead, quotes were obtained from firms that specialize in these types of installations. The following quotations were received: Prairie Restorations, Inc. $14,252.50 Premier Services, Inc. $14,433.00 CRM Ecosystems $17,012.00 The lowest quote was submitted by Prairie Restorations, Inc., of Princeton, MN. This firm has extensive experience with these types of installations, and we recommend acceptance of their quotation. With Woyda and Mortel's contract of approximately $85,000, this brings the total landscaping cost to about $100,000, compared to the Engineer's Estimate of $130,000. Note: Woyda and Mortel plan to begin preparing the site for landscaping and fencing about the middle of May, with planting beginning in earnest about May 20. That planting should be complete about the first week of June. As planting is completed, the park and park and ride contractor (Thomas and Sons) will pave the walking trail and complete the sodding. When Woyda and Mortel have completed planting in the pond area, • Prairie Restorations will plant the prairie grasses and wildflowers. We hope to have the whole project wrapped up by the end of June. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING QUOTE AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 1993 -18, CONTRACT 1996 -K, NATIVE GRASS AND WILDFLOWER INSTALLATION, BOB CAHLANDER PARK WHEREAS, pursuant to Resolution 96 -66, the following quotes were received for Improvement Project No. 1993 -18, Contract 1996 -K, Native Grass and Wildflower Installation, Bob Cahlander Park. Bidder Bid Amount Prairie Restorations, Inc. $14,252.50 Premier Services, Inc. 14,433.00 CRM Ecosystems 17,012.00 WHEREAS, it appears that Prairie Restorations, Inc. of Princeton, Minnesota has submitted the lowest responsible quote. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The Mayor and City Manager are hereby authorized and directed to enter into a contract with Prairie Restorations, Inc,of Princeton, Minnesota in the name of the City of Brooklyn Center, for Improvement Project No. 1993 -18, Contract 1996 -K according to the plans and specifications therefor approved by the City Council and on file in the office of the City Clerk. 2. All costs for Improvement Project No. 1993 -18, Contract 1996 -K shall be financed by the Storm Drainage Utility. 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. 5K MEMORANDUM DATE: May 6, 1996 TO: Michael McCauley, City Manager FROM: Diane Spector, Director of Public Services�`� SUBJECT: Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees The City Council by Resolution No. 96 -58 on March 11, 1996 approved plans and specifications for Improvement Project No. 1996 -12, Contract 1996 -D, 1996 Diseased Tree Removal. The attached resolution represents the official Council action required to expedite removal of the trees most recently marked by the City tree inspector, in accordance with approved procedures. It is anticipated that this resolution will be submitted for council consideration each meeting during the summer and fall as new trees are marked. Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES (ORDER NO. DST 05/13/96 ) WHEREAS, a Notice to Abate Nuisance and Diseased Tree Removal Agreement has been issued to the owners of certain properties in the City of Brooklyn Center giving the owners twenty (20) days to remove diseased trees on the owners' property; and WHEREAS, the City can expedite the removal of these diseased trees by declaring them a public nuisance: NOW, THEREFOR, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota that: 1. The diseased trees at the following addresses are hereby declared to be a public nuisance: TREE PROPERTY OWNER PROPERTY ADDRESS NUMBER ---------------------- - - - - -- ----------------------- - - - - -- -- - - - - -- • VICTOR & HAZEL KUMMER 3212 THURBER RD 1 CITY OF B.C. GARDEN CITY PARK 10 CITY OF B.C. GARDEN CITY PARK 11 CITY OF B.C. GARDEN CITY PARK 12 JEROME PANKOW 7112 JUNE AVE N 2 GARY & MONICA HERRELD 6737 BRYANT AVE N 3 CONRAD & BETTY GJESTVANG 700 58TH AVE N 4 CONRAD & BETTY GJESTVANG 700 58TH AVE N 5 CONRAD & BETTY GJESTVANG 700 58TH AVE N 6 CITY OF B.C. GARDEN CITY PARK 7 CITY 'OF B.C. GARDEN CITY PARK 8 CITY OF B.C. GARDEN CITY PARK 9 2. After twenty (20) days from the date of the notice, the property owner(s) will receive a second written notice providing five (5) business days in which to contest the determination of the City Council by requesting, in writing, a hearing. Said request shall be filed with the City Clerk. 3. After five (5) days, if the property owner fails to request a hearing, the tree(s) shall be removed by the City. All removal costs, including legal, financing, and administrative charges, shall be specially assessed against the property. • 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. • r 5L- MEMORANDUM DATE: May 7, 1996 TO: Michael McCauley, City Manager FROM: Scott Brink, City Engineer 5 SUBJECT: ' Resolutions Establishing Parking Restrictions on 69th Avenue North between Shingle Creek Parkway and 1100 Feet East of Shingle Creek On February 26, 1996, the City Council approved Resolution No. 96-46, ordering Improvement Project No. 1995 -05, 69th Avenue North (Shingle Creek Parkway to Dupont Avenue North) Roadway, Bridge Replacement, Storm Drainage, and Utility Improvements, Contract 1996 -C. On March 11, 1996, the City Council approved a resolution approving the plans and specifications and authorizing an advertisement for bids. Bids were opened on May 2, 1996. Mn/Dot State Aid funds are intended to be utilized to fund significant portions of this project. As discussed at the public hearing and provided for in the plans and specifications, the roadway has been designed in accordance with State Aid design standards. This design includes roadway widths that restrict parking on certain portions of the roadway. As part of the State Aid approval process, resolutions must be established providing for these parking restrictions. • The Council reviousl approved a resolution r p y pp io providing for parking on one side of the roadway from Shingle Creek Parkway to Dupont Avenue. However, a portion of this segment, from Shingle Creek Parkway to a point approximately 1100 feet east of Shingle Creek, has been designed to a width that would not allow for parking on either side of the roadway. This particular segment borders Palmer Lake Park, and there are no adjacent businesses or residential properties that would require on street parking. In addition, the parking lot in Palmer Lake Park provides adequate space for parking needs in this area. Y Accordingly, it is recommended that the previous resolution be revised b a resolution that prohibits parking on both sides of the roadway from Shingle Creek Parkway to a point 1100 feet east of Shingle Creek. It is intended that the parking restrictions will be effective and posted after completion of the improvement. Recommended Council Action Approve the attached resolution providing for parking restrictions on 69th Avenue North from Shingle Creek Parkway to 1100 feet east of Shingle Creek. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING PARKING RESTRICTIONS ON 69TH AVENUE NORTH BETWEEN SHINGLE CREEK PARKWAY AND 1100 FEET EAST OF SHINGLE CREEK WHEREAS, the City Council on February 26, 1996 by Resolution No. 96-46 ordered Improvement Project No. 1995 -05, 69th Avenue (Shingle Creek Parkway to Dupont Avenue), Roadway, Bridge Replacement, Storm Drainage and Utility Improvements; and WHEREAS, the City Council approved the project plans and specifications on March 11, 1996; and WHEREAS, the design plans and specifications provide for a roadway width that prohibits parking on both sides of 69th Avenue N between P North b en Shin le Creek Parkway nd 1100 feet P g Shingle east of Shingle Creek. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: Upon final completion of Improvement Project No. 1995 -05, parking will be prohibited on both sides of the roadway and posted accordingly on 69th Avenue North between Shingle Creek Parkway and a point 1100 feet east of Shingle Creek, as measured along the centerline of the roadway. Date Mayor I ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. MEMORANDUM • DATE: May 6, 1996 TO: Michael McCauley, City Manager FROM: Scott Brink, City Engineer�;e SUBJECT: Final Plat Approval - Cass Screw Machine Products Company Summary Explanation On June 12, 1995, the City Council approved Planning Commission Application Number 95007, providing for the platting of property owned by Cass Screw Machine Products Company. As you may recall, the plat essentially involved the combining of two existing lots into one lot to allow two buildings on the site to be combined into a single building. In addition, documentation providing for drive -way easements to allow common access to the platted lots were required and have been provided. These easement documents will be required to be filed with the plat accordingly. 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. The majority of these conditions have been fulfilled. Therefore, approval of the final plat would also be based on the condition that the following outstanding conditions are met as follows: 1. The applicant shall connect to City storm sewer within one year after storm sewer is installed on 47th Avenue North and/or 48th Avenue North. The applicant shall sign a restrictive covenant to be filed with the plat providing for this requirement. 2. The applicant shall sign and enter into a utility and maintenance agreement with the City. This agreement would be typical of similar agreements required for all new developments and platted properties. 3. An as-built site and utility plan be provided to the City. The applicant has submitted the appropriate application, fee, and reproducible mylars. A certified abstract of the property has also been reviewed by the City Attorney. Recommended City Council Action Approve the final plat of Cass Screw Machine Products, subject to the conditions as described. • • Member introduced the following resolution and moved its adoption: RESOLUTION NO. _ RESOLUTION APPROVING FINAL PLAT, CASS SCREW MACHINE PRODUCTS COMPANY WHEREAS, the Brooklyn Center City Council on June 12, 1996 approved Planning Commission Application 95007, providing preliminary plat approval for property owned by Cass Screw Machine Products Company; and WHEREAS, the property owner(applicant) 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 b Cass Machine y s Screw M e Products is hereby approved by the City Council, subject to the following conditions as required by the City: A.' The applicant shall enter into a restrictive covenant with the City, agreeing n' g g to connect to City storm sewer within one year after storm sewer improvements are installed on 47th Avenue North and /or 48th Avenue North. Said covenant shall be filed with the final plat. B. A driveway easement granting access to certain properties as required by the preliminary plat approval shall be filed with the final plat. C. The applicant shall enter into a standard maintenance and utility agreement with the City. D. An as -built site and utility plan signed by a Registered Professional Engineer be provided to 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. I • 57H 4v L ) ' LANE m 4. / � - z/� BUROUEST ALA_ �� �-•, _ - v 'DRIVE! v� C. Q � � � I I �\ X`h �� o > � nvE �� � �•� � G 1 1 I i \ 1 . z 56TH ' 0 R T �1X( = L Iv I I V/� ^� �•\ \ ~� 'VV ��� �y \ r i,K ER D R, w 1 Y Ir K OPEN NORTHPORT i S-ACE o Xa� SCHOOL 1 a 1 0 Z Z � � JAVf LIONS PARK WATER `___ _ � � I 9 2O c�'� • N0.3 TWIN r W I it ER) LAKESIDE PARK�fy Sn `� ' fl CITY 52NO AVE .N C OAK ST V 51 ST AVE. N P Z ; NAPPY HOLLOW w Si W ,y - \ ARK��� �O U W Q z n L , Q w ul NF LL a > a g 4i C J 0 TH RO4o 50TH AVE. N. 0�4 m Z .49TH a r I AvE ,N. 1 49TH AVE.N. 0 500 Q L.S. No-6 n "EZE AVE. Z FW Q n V r a w fl pd w s 48TH AVE. N J . 48TH VE. IN o ° s SID e AVE 47TH , CH 4LAKE Rx 47TH AVE.N. " *BRYAN LAKE, / CITY OF ROBB/NSDAL E LASS SCREW MACHINE PRODUCTS CO. Planning Commission Information Sheet Application No. 95007 Applicant: Cass Screw Machine Products, Co. Location: 3615 and 3607 48th Avenue North Request: Preliminary Registered Land Survey The applicant is seeking approval of a Preliminary Registered Land Survey that will combine Tracts C and D of RLS 952 into one lot. The property in question is zone I -2 (General Industry) and is addressed as 3615 and 3607 48th Avenue North. It is bounded on the north by 48th Avenue; on the east by an industrial building addressed as 3601 48th Avenue North; on the south by 47th Avenue North and various oudots which prevent this site from gaining access to 47th Avenue; and on the west by the industrial building addressed as 3625 48th Avenue North. Currently Tract C of RLS 952 is a 90 ft. by 262.76 ft. (approximately 23,640 sq. ft.) parcel addressed as 3615 48th Avenue North, while Tract D is a 80 ft. by 262.76 ft. (approximately 23,021 sq. ft.) parcel addressed as 3607 48th Avenue North. The combination of the two parcels into a proposed Tract A of a yet unnumbered RLS would create a 170 ft. by 262.76 ft. parcel of approximately 44,669 sq. ft. or 1.025 acres allowing the two buildings on these sites to be combined into a single building. The minimum lot width requirement in the I -2 zoning district is 100 ft. Therefore, the combination of the two lots will be an irrevocable combination in that the city will not allow a future subdivision of this property to recreate the existing lot widths once this combination has been accomplished. The applicant is aware that this combination is, for all practical purposes, irrevocable. The applicant has made a connection of the two buildings necessitating the need to combine these parcels into a single lot. Section 35 -540 of the Zoning Ordinance requires that multiple parcels under common ownership and serving a common use be combined into a single parcel through Platting or Registered Land Survey. The parcel to the west, Tract B, RLS 952, is owned by a separate entity and is not required to be included in this combination. That parcel is 100 ft. by 262.76 ft. and meets the minimum lot requirements for I -2 lot. A drive -way easement of 24 ft. in width is proposed along the westerly property line of the proposed Tract A (13 ft.) and along the easterly property line of the existing Tract B, RLS 952 (11 ft.) which will allow common access to the two properties. These easement documents will be required to be filed with the title to the two properties to memorialize this shared access and driveway arrangement. The survey of the properties indicated an existing minimum front yard setback of 23.41 ft. from the northeast corner of the building to the 48th Avenue right -of -way. A 10 ft. building setback is met along the existing east property line and the proposed east property line for 5 -25 -95 Page 1 Tract A, while an approximate 15 ft. building setback will be provided from the proposed west property line of Tract A. Building additions are allowed to be made to these properties provided they meet the existing minimum yard setback requirements. Because the proposed Registered Land Survey involves property of less than five acres, no Watershed Commission review is required. A public hearing has been scheduled for this Preliminary Registered Land Survey and a notice of the Planning Commission consideration has been published in the Brooklyn Center Sun /Post. RECOMMENDATION The proposed Preliminary Registered Land Survey appears to be in order and approval of the application is recommended subject to at least the following conditions: 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. A driveway and access easement of 24 ft. in width shall be filed with the title to the properties in question. The'easement width shall be 13 ft. for the proposed Tract A and shall be 11 ft. in width along the easterly property line of Tract B, RLS 952. • 5 -25 -95 Page 2 MIN - UTES OF THE PROCEEDINGS OF THE PLA1 COMMISSION OF THE CITY OF BROOKLYN" CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION MAY 25, 1995 CALL TO ORDER The PIanning Commission met in study session and was called to order by Chairperson Willson at 7:33 p.m. ROLL CALL Chairperson Tim Willson, Commissioners Donald Booth, Mark Holmes, Dianne Reem and Graydon Boeck. Also present were the Secretary to the Planning Commission Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Ruth McLaurin. Commissioners Robert Mickelson and Ka Palm were excused from e meeting. Kathryn th mee �. APPROVAL OF MTNUTES MAY 11 1995 There was a motion by Commissioner Boeck and seconded by Commissioner Booth to approve the minutes of the May 11, 1995, Planning Commission meeting as submitted. The motion passed. Commissioner Reem abstained. CHAIRPERSON'S EXPLAiNI ATION Chairperson Willson explained the Planning Commission is an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. Chairperson Willson excused himself at 7:36 p.m. and requested Commissioner Holmes proceed as Acting Chair Pro Tem. APPLICATION NO. 95007 Chair Pro Tem Holmes introduced the first item of business, a request from Cass Screw Machine Products, Co. for a Preliminary Registered Land Survey approval to combine Tracts C and D, RLS 952, (3615 and 3607 48th Avenue North respectively) into one lot. The Secretary presented the staff report, used overhead transparencies to show the location and detail see Planning Commission Information Sheet for 7 Application No. 950 ( Q .P attached). • 5 -25 -95 1 Commissioner Boeck inquired if outlots had been created and if so when. The Secretary • noted through his research he believed the outlots were created to prevent access to the industrial lots from 47th Avenue which has residential property on its south side. This occurred in the late 1960's. APPLICATION NO. 95008 Chair Pro Tem Holmes explained the information for the next item will be presented by the Secretary since the applications are from the same applicant, the public hearing will proceed after the staff report. The Secretary presented the staff report, used overhead transparencies to show the location and detail (see Planning Commission Information Sheet for Application No. 95008, attached). The Secretary indicated proper notification of the public hearing for the preliminary registered land survey was published in the Sun Post Commissioner Boeck noticed there is rip rap on two of the three curb and gutter sections, he asked if there could be a condition to have it also on the third section. The Secretary indicated it would be appropriate to add this as a condition, he also indicated the City Engineer has not yet reviewed and commented on this application. Commissioner Boeck inquired as to condition number 13, is this a notification of a future assessment The Secretary noted that would be essentially true, but it is mainly to put the applicant on notice that in the future when improvements are made the applicant will be required to connect to city water and sewer. Commissioner Boeck also asked regarding condition number 13, if the condition could state: ":..connected to city storm sewer concurrently with city improvements... ". The Secretary explained the statement regarding one year, is based on a condition imposed on Omni Tool, which is located on the opposite side of 48th Avenue. The Secretary indicated this is a grace period given to the applicant, although it would be more appropriate to connect during the time of the improvements, this time frame gives the applicant an opportunity to prepare to connect. Commissioner Boeck felt giving the applicant one year might provide for addition requests for more time in the future. He indicated it should be done at the same time as the storm sewer improvements. Commissioner Booth inquired as to the City's jurisdiction regarding the property at 3625 and the requirement of B -612 curb and gutter. The Secretary explained the same parry owns both locations, and the addition noted in the application was made without City approval and now this is an added condition by the City. He pointed out that some curb and gutter improvements have already been made to this property as well as to 3615 - 48th Avenue. 5 -25 -95 Commissioner Booth inquired if in condition number 13 the property 3625 could be added. The Secretary believed there would be no concern with adding this to the condition, he • noted the applicant has been very willing to work with the City and the drainage of this site and 3615 is combined. Commissioner Booth noted although it is very Iogical to connect to city storm sewer at the time of improvements, he did not believe the Planning Commission could impose this requirement; when q t, n Omni Tool has been given an additional year. He indicated there has been a precedent set with Omni Tool. Commissioner Boeck commented he felt Omni Tool was a separate application and should be treated as such. Commissioner Reem inquired as to the lighting. The Secretary indicated there is no additional lighting proposed at this time, but the applicant would be required to comply with ordinance requirements if lighting is installed. Chair Pro Tem Holmes inquired if there should be a condition regarding the lighting. The Secretary indicated a condition number 15 could be added to state all additional lighting must comply with site lighting provisions contained in Section 35 -712 of the City Ordinances. Commissioner Re--m indicated she would like this added as condition number 15. Commissioner Re--m inquired as to a required sprinkler system. The Secretary explained any building over 2,000 square feet is required to have a sprinkler system throughout the building, if there is an addition made to an existing building bringing the building to over 2,000 square feet, the entire building must have a sprinkler system, not just the addition. Chair Pro Tern inquired as to when the addition was constructed. The Secretary noted the construction occurred in the Fall of 1994. The Secretary noted the Building Official has reviewed the building and has no immediate concerns, but permits are still required. Commissioner Boeck inquired if there are any energy dissipators required, he noted there is none proposed. The Secretary indicated the City Engineer can review the plans and comment as to his recommendations. Chair Pro Tem asked if the conditions should be reviewed before the public hearing. The Secretary indicated the Planning Commission may want to review the issues with the applicant and make comments during the public hearing as to the wording of any additional conditions. 5 -25 -95 3 PUBLIC HEARING (APPLICATION NO. 950071 Chair Pro Tern Holmes asked for a motion to open the public hearing on the request for i Preliminary Registered Land Survey at 8:30 p.m. There was a motion by Commissioner Booth and seconded by Commissioner Reem to open the public hearing. The motion passed unanimously. Chair Pro Tern Holmes asked if there was anyone present who wished to address the Commission. Mr. Walter Gregory, Merila & Associates, a land surveyor representing the applicant, expressed concern that connecting to city storm sewer would put a burden onto the applicant. The Secretary indicated there would be no more burden than that imposed on Omni Tool. Mr. Gregory questioned the type of connection required. The Secretary indicated that could be discussed with the City Engineer. Mr. Gregory expressed concern for adding a pipe from one end of the property to another, he indicated the applicant would agree to a catch basin. The Secretary indicated the City Engineer may agree to other solutions, he encouraged Mr. Gregory to discuss this with the City Engineer. Commissioner Boeck indicated that the condition notes only the requirement of connection, it does not state what kind. i Chair Pro Tern Holmes indicated the kind of connection can be negotiated at the time of the improvements. Chair A g the Pro Tern Holmes inquired ' there would be a concern regarding including q g g property of 3625 48th Avenue. The Secretary indicated it is assumed that the application refers to both sites, not just the combined site. Mr. Gregory expressed concern for including the property of 3625 48th Avenue. Commissioner Boeck indicated the applicant has already included the property by noting a common drive way and common drainage. Chair Pro Tem Holmes asked if there are any concerns regarding connection concurrent with City improvements. Mr.. Gregory felt there would be no concern, the applicant desires to comply with conditions set by the City. Commissioner Reem inquired as to the hours of operation. A representative of the applicant noted the hours would be from 6 a.m. to 4:30 a.m. Commissioner Reem inquired if there had been any concerns from the neighbors. The representative of the applicant indicated there had been no concerns or problems. -2J -95 4 Commissioner Boeck asked in regards to condition number one, are the building plans to be submitted re the building already constructed to review if it is adequate. The • Secretary indicated this is correct, the Building Official has reviewed the building on site, and has seen no' immediate concerns, but still needs to approve the plans prior to issuance of permits. Chair Pro Tem called for any more questions for the applicant or for anyone else to speak at the public hearing. g CLOSE PUBLIC HEARING There was a motion by Commissioner Boeck and seconded by Commissioner Booth to close the public hearing at 8:43 p.m. The motion passed unanimously. Chair Pro Tem Holmes wished to clarify condition number 13, regarding including the property 3625 48th Avenue. upon consensus the Planning Commission agreed to state condition 13 as: 13). The property owner shall enter into restrictive covenants to be filed with the title to the properties addressed as 3615 and 3625 - 48th Avenue North, requiring that on site storm sewer be installed and connected to city storm sewer in 48th Avenue North and 47th Avenue North within one year of when it becomes available. Chair Pro Tem Holmes opened discussion regarding requiring the time frame for connect to be concurrent. Commissioner Reem felt the change could not be imposed on this applicant when Omni Tool has been given one year to comply. Commissioner Booth concurred with Commissioner Re.-m. Discussion was held regarding this issue and it was the consensus of the Planning Commission to leave condition 13 as stated. Chair Pro Tem Holmes ro osed the addition of condition 15 stating: P P 15. Site lighting shall comply with the provisions of Section 35 -712 of the City Ordinance prohibitin glare onto neighboring properties. The Secretary noted the City Engineer will review the application and make comments regarding the rip rap and energy dissipators. ACTION R ECOM1 N V N G APPROVAL OF APPLICATION N 9 O. O. 500 7 There was a motion by Commissioner Booth and seconded by Commissioner Boeck to recommend approval of Application No. 95007 submitted by Cass Screw Machine Products Co. subject to the following conditions: • 5 -25 -95 5 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. A driveway and access easement of 24 foot in width shall be filed with the title to the properties in question. The easement width shall be 13 feet for the proposed Tract A and shall be 11 feet in width along the easterly property line of Tract B, RLS 952 Voting in favor: Chair Pro Tem Holmes, Commissioners Booth, Reem, and Boeck. The motion passed unanimously. The Secretary noted that the application will be referred to the City Council at the June 12, 1995 meeting. The applicant is required to be present at the City Council meeting. If any changes or modifications are made to the plans prior to City Council consideration, they must be brought back before the Planning Commission for review. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 95008 There was a motion by Commissioner Booth and seconded by Commissioner Reem to recommend approval of Application No. 95008 submitted b Cass Screw Machine Products PP PP Y Co. subject to the following conditions: 1. The final building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, and utility plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A performanct. agreement and supporting financial guarantee shall be submitted to assure the completion of all site improvements. 4. Any outside trash disposal facilities and roof top mechanical equipment shall be appropriately screened from view. D. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the • City Ordinances. -25 -95 6 8. B -612 curb and gutter shall be provided around all parking and driving areas. The plans shall be modified to indicated B -612 curb and gutter around the entrance to this site and to the neighboring site which forms a shared or common access between the two properties. 9. The applicant shall submit an as -built survey of the property, improvements and utility service lines, prior to release of the performance guarantee. 10. The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems, prior to the issuance of permits. 11. The applicant shall sign the truck access drive located off 48th Avenue North to prohibit parking of any vehicles in the driveway in front of the building. 12. The applicant shall provide appropriate erosion and sediment control devices on the site during construction as approved the Engineering department. 13. The property owner shall enter into restrictive covenants to be filed with the title to the properties addressed as 3615 and 3625 - 48th Avenue North, requiring that on site storm sewer be installed and connected to city storm sewer in 48th Avenue North and 47th Avenue North within one year of when it becomes ava2able. 14. All work P erformed and materials used for construction of utilities shall conform to the City of Brooklyn Center's current standard specifications and details. 15. Site lighting shall comply with the provisions of Section 35 -712 of the City Ordinance prohibiting glare onto neighboring properties. The Secretary noted that the application will be referred to the City Council at the June 12, 1995 meeting. The applicant is required to be present at the City Council meeting. If any changes or modifications are made to the plans prior to City Council consideration, they must be brought back before the Plannin; Commission for review. OTHER BUSINESS The Secretary presented the Planning Commission with updated information regarding the Adult Uses Ordinance and the Minneapolis court case and their ordinance. 5 -25 -95 7 3 1 City of Brooklyn Center J • 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 May 13, 1996: MECHANICAL SYSTEMS Anderson Heating and A/C 4347 Central Ave NE Louis DeGidio, Inc. 6501 Cedar Ave S Hokanson Plumbing & Heating 9174 Isanti Street NE Minnesota Heating & A/C 10701 93rd Ave N, Suite B O'Brien Sheetmetal 144 Glenwood Ave E.A.H. Schmidt & Associates, Inc. 3245 Winpark Drive Sedgwick Heating & A/C Co. 8910 Wentworth Ave S Ward Heating & A/C, Inc. 2830 235th Ave NW Ray Welter Heating & A/C 4637 Chicago Ave S MOTOR VEHICLE DEALERSHIP - CLASS A Brookdale Dodge 6800 Brooklyn Blvd RENTAL DWELLINGS Initial: • James Wiensch Georgetown Park Townhouses Gregory Lutgen 7216 Brooklyn Blvd Daystar Investments 1513 Humboldt Place Daystar Investments 1549 Humboldt Place Thomas and Lorraine Mylan 6907 West Palmer Lake Drive Renewal: Jon Veard The Pines of Brooklyn Center CHDC Ltd Partnership Unity Place Northport Properties 5401 Brooklyn Blvd Jay Showalter 6742 -44 France Ave N Brett Parker 5242 Lakeside Place Harshad Bhatt 7206 -12 West River Road Maurice Moriarty 2825 67th Lane N • General Approval: Sharon Knutson, City Clerk MEMORANDUM DATE: May 7, 1996 TO: Michael McCauley, City Manager FROM: Scott Brink, City Engineer,, SUBJECT: An Ordinance Vacating Part of Street Easement (James Circle North) in Registered Land Survey Number 1482, Hennepin County, Minnesota Summary Explanation On March 11, 1996, the City Council approved Planning Commission Application No. 96003, Preliminary Plat approval that provided for the subdivision of the parcel of land on which the Budgetel Inn, 6415 James Circle North is located, into two lots. This subdivision provided for the subsequent site approval of a Denny's Restaurant adjacent to the hotel (see attached plan). As one of the conditions of the preliminary plat and building plan approval, a portion of the James Circle North street easement must be vacated. Because the roadway no longer terminates at this location as a cul -de -sac, a large portion of the street easement/right -of -way is no longer needed for roadway purposes. On March 25, 1996, the City Council conducted the first reading of the ordinance and ordered a public hearing to be held on April 22, 1996. A notice of public hearing was published in the City's. official newspaper, and private utilities were also directly contacted. During this notification process, it was determined that private utilities exist within the area proposed to be vacated. The applicant was notified of this information and informed that as a condition of granting a vacation, either a separate easement must be provided for the private utilities, or the utilities must be relocated at the applicant's expense. In addition, a formal letter of application from the property owner, along with the application fee is also required. The public hearing was held on April 22, 1996 as scheduled. At that time, none of the required conditions had been provided to the City. The Council therefore tabled the item and ordered re- consideration of the issue at the May 13, 1996 Council meeting. Staff has contacted the applicant and their engineer numerous times to submit the required conditional items so that the Council can consider the vacation. It is our understanding that the applicant is working to complete the necessary items prior to the Council meeting. However, at the time of this writing, nothing has yet been received. • Recommended City Council Action At this time, no submittals have been received from the applicant. Therefore, no specific recommendation will be available until May 13. In the event the required submittals are not received prior to the Council meeting, it is recommended that the City Council deny any easement vacation request at this location. • • CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing e he on the 22nd day _ 1 will b held of April 996, at 7 p.m. or as soon thereafter as may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider vacating, part of a street easement (James Circle North) in Registered Land Survey Number 1482. 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 ORDTNA_V xr A TTN PART OF STR FFT P A SFVtF�iT rJq�,l CIRC TOR TM TN RFCTTSTFRED LAND STTRV , TiV[BFR 14,, 2 EPLN CO , TC Sn'r A THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. T'nat part of a Street Easement in Registered Land Survey ,Number 1482, according to the plat on file and of record thereof, Hennepin County, I'Minnesota, described as follows is hereby vacated: All that part of James Circle North, to be vacated. lying southerly and westerly of the following described line: Beginning, at the Northeast corner of Tract A, Registered Land Survey Number 1482 according to the records on file in the Office of the Registrar -of Titles, Henne County, 1vIinnesota; thence South IS degrees 36 minutes 31 seconds West, an assumed bearing, along the west right -of -way of James Circle North, a distance of 54.0 feet; thence continuing on an extension of the westerly right -of- -way of said James Circle North, a distance of 62:91 feet; thence along, a tangential carve to the east, a distance of 131.24 feet having, a central angle of 88 degm s 27 minutes 53 seconds and a radius of 85.00 feet; thence South line of James South 17 degrees 07 minutes 48 seconds West, a distance of 17.74 feet too the south right y Circle and there terminating. , Section 2. This ordinance shall be elective after adoption and thirry days following, its legal publication. Adopted this day of , 1996. ATTEST: tilayor City Clerk • Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter.) __ * 3AY -- L111.1J � `• � ` tl '15Y ONYU�9 �.. �►J E — - V 1 -L- t', �j( %< %���ij((+ F lAy >" '�' , If - - % � � �, ,fr anv Mf AV! \ f •\ i� JAY s3rirr T z •d a� , Y�ou 3,t"3 JAU Ll _ i7T• a t1 .� y a o. L Stlt LE CPU a, V \t I ,i � � �� '� �+ � � .Y ��.\ =''-' . _ • lid \ _`` `� r • Q om. �, — — – c � t — — K . r - `� R'� 'a11Y J)H 711IA I �... _ �� _'` - t 71 'SAY In1rr1115YN �t rill I I I' ! } �� 1 AREA TO BE VACATED i � i� mo w• '7g•• C � M• t � J. ! f•.y.... I •,� � ••/ .. Ic.17.. /111 U T A I ( 1 • {. •.` _ ..• .... � YI• / 1` 1 \" � `` �, ", /• P1•N11110 /CI110,1g ��•.,,�`• H•`0� I� •._..1 /� / � � � � \ � �� waa_�uta 11�-- lfAl_p:l IN.111 _1LJl�_fpl__J. . Sr,� •�� ' /I -�1� `mac _ 1 � f �' �� ?',1 . l•• ` J! .�f i LANDS ��- . r '• �� ,: . �... � CAPE PL/ NO r. t: . �,�� SCALE 94 ' 1'( .a� DcKib�l R urcc C, ru •ecl.lrol I csu ►Il .�..._..... �Q. MEMORANDUM TO: Mayor Myrna Kragness Councilmember Kathleen Carmody Councilmember Debra Hilstrom Councilmember Kristen Mann Councilmember Charles F. Nichols, Sr. FROM: Michael I McCauley, City Manager ' DATE: May 9, 1996 SUBJECT: Set Date for Dinner Meeting with Chamber of Commerce for Tuesday, May 28, 1996, from 5 to 7 p.m. Executive Director Mary Welch of the Brooklyn Community Chamber of Commerce has again requested the City Council to attend a dinner meeting with the Chamber. The meeting is scheduled to begin at 5 p.m. prior to the May 28, 1996, regularly scheduled 7 p.m. Council meeting. • Yb • 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: May 9, 1996 SUBJECT: Finalize Date for Facilitated Council Workshop for May 30, 1996 I would request that the Council confirm the finalized Council workshop date for Thursday, May 30, 1996, at 1:30 p.m. at the Earle Brown Heritage Center. i S C, • MEMO To: Michael I McCauley, City Manager From: Nancy Gohman, Assistant City Manager/Personnel Coordinator Subject: Update of Purchasing Policy Date: April 23, 1996 The City of Brooklyn Center adopted a purchasing policy in 1983. Many of the limits set in the `83 policy fall below the State of Minnesota Uniform Municipal Contracting Law. After research of policies from other cities along with discussions with Finance, Department Heads, and our Attorney, a revised purchasing resolution and policy have been drafted. Attached is a copy of the resolution amending and re- establishing city purchasing policy and the administrative purchasing procedures document. The resolution authorizes the city to comply with the MN Uniform Municipal Contracting Law, and directs the City Manager to establish an administrative purchasing policy for implementation of purchasing procedures. The administrative purchasing policy outlines day to day operational purchasing procedures for our organization. This policy is a working document which will be updated as needed to ensure the City Manager has adequate controls over purchasing functions for efficient operations within our organization. ® The administrative purchasing policy was reviewed by the Financial Commission on April 18th, 1996, and it is my understanding they are recommending approval by the City Council. Recommended Action: It is recommended that the resolution amending d re-establishing the g g city purchasing policy be presented to the City Council at their next regular meeting for review and approval. cc: Charlie Hansen, Finance Director • Member introduced the following resolution and moved • its adoption: RESOLUTION NO. RESOLUTION AMENDING AND RE- ESTABLISHING CITY PURCHASING POLICY WHEREAS, Section 6.05 of the City Charter of the City of Brooklyn Center directs the Council to establish and maintain a purchasing policy; and WHEREAS, the City established a purchasing policy pursuant to City Resolution No. 83 -172, and such policy appears to have been based on Minnesota Statutes Section 471.345 as it existed in 1983; and WHEREAS, the State of Minnesota has amended the uniform municipal contracting law found in Section 471.345 of the State Statutes, and the City of Brooklyn Center wishes to follow the structure set forth in the uniform municipal contracting law found in Minnesota Statutes Section 471.345. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brooklyn Center that the purchasing policy established by City Council Resolution No. 83 -172 be and hereby is rescinded. The following policy is hereby adopted: The policy of the City of Brooklyn Center shall be to follow the uniform municipal contracting law set forth in Minnesota Statutes Section 471.345 as the same may be amended or renumbered from time to time. The City Manager shall be the chief purchasing agent for the city; all purchases for the city and all contracts shall be made or let by the City Manager for which state law does not require solicitation of bids. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center that the City Manager be, and hereby is, directed to establish an administrative purchasing policy to implement the provisions of the uniform municipal contracting law. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member • and upon vote being taken thereon, the following voted in favor thereof. and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City of Brooklyn Center Administrative Purchasing Policy 4/96 I. Purpose Assure that all purchases are made in accordance with the laws of the State of Minnesota, the City Charter, City ordinance, and other policies of the City of Brooklyn Center. To provide uniform purchasing procedures within the City's departments. Also to allow the City Manager adequate controls over purchasing functions which are well established and adhered to, and which also may be modified by the City Manager as needed for efficient operations within the organization. 2. Minnesota State Statute 471.345 Uniform Municipal Contracting Law Section 2 is the MN Statute on the Uniform Municipal Contracting Law. The Council of the City of Brooklyn Center has adopted, and will comply with, State Statute 471.345 Uniform Municipal Contracting law as follows: Subdivision 1. Muni6pW defi ned . For purposes of this section, "municipality" means the City of Brooklyn Center. Subdivision 2 Contract defined A "contract" means an agreement entered into by a municipality for the We or purchase of supplies, materials, equipment or the rental thereof, or the construction, alteration, repair or maintenance of real or personal property. • Subdivision 3. Contracts over $25.000 If the amount of the contract is estimated to exceed $25,000, sealed bids will be solicited by public notice in the manner and subject to the requirements of law. Subdivision 4 Contract from $10000 to $25000 If the amount of the contract is estimated to exceed $10,000 but not to exceed $25,000, the contract may be made either upon sealed bids or by direct negotiation, by obtaining two or more quotations for the purchase or sale when possible, and without advertising for bids or otherwise complying with the requirements of competitive bidding. All quotations obtained will be kept on file for a period of at least one year after receipt thereof. Subdivision 5. Contracts less than $10,000 If the amount of the contract is estimated to be $10,000 or less, the contract may be made either upon quotation or in the open market, at the discretion of the city. If the contract is made upon quotation, it will be based, so far as practicable, on at least two quotations which will be kept on file for a period of at least one year after their receipt. City employees will comply with the requirements of both the Uniform Municipal Contracting Law as described in Section 2 of this policy and the requirements of Sections 3 through 14 . 1 3. Purchasing Procedures Contracts over $25.000 All purchases covered by the Uniform Municipal Contracting Law, over $25,000 require preparation of formal bids and specifications. Bids must be advertised in the City's legal newspaper at least 10 days in advance of the last day for the submission for the bids. Advertising for bids must be coordinated with the City Clerk. The contract is awarded by Council resolution upon recommendation by City Manager. With limited exceptions, all contracts for the purchase of supplies, materials or equipment must be rewarded to the lowest responsible bidder. When supplies or equipment are competitive in nature, specifications cannot exclude all but one type of equipment or supplies (Minnesota Statutes 471.35 to 471.36). Proposals and specifications must allow free and full competition. Bidding requirements cannot, and shall not, be avoided by splitting a contract into several contracts, each of which is below the minimum amount requiring bids. For example, the City q g p cannot purchase $30,000 of lumber in several transactions, each involving an expenditure of less than $25,000. If there are questions about whether a contract may be split into several contracts, the City Manager must be consulted. li Contracts or purchases from $5,000 to $24,999 All purchases $5,000 and over must be pre- approved by the City Manager, by recommendation from the Department Head. Such purchases should be based on two 2 P O written quotations unless it can be shown that the product or service is only available from one source, or purchased through a cooperative purchasing program. Contracts or purchases lesi than $5,000 Purchases of $4,999 or lower may be approved by the Department Head or authorized assigned staff member. Such purchases must fall within the approved budget. Purchases over $1,000 must have two quotes or, must be purchased from a cooperative purchasing program. 4. Cooperative Purchasing Programs The City of Brooklyn Center encourages participation with the State of Minnesota, Hennepin County or other governmental agencies in cooperative purchasing where the result of the purchase is in the best interest of the City. 5. Purchase Orders Purchases must be made in accordance with the adopted budget. All departments, divisions and operations of the City of Brooklyn Center must follow purchase order procedures as directed by the City Manager. Changes or expenditures which may be in excess of the appropriate account in your budget must have prior approval by the City Manager. 2 Purchase orders are required for all purchases in excess of $25 prior to the placement of an eq F F F Y • order for goods, services, training, repairs, service call, etc. It is acceptable to use an estimate of the cost of goods and services when filling out a purchase order. You may also need to obtain quotes from vendors for service or goods prior to ordering repairs or purchasing. Again, purchase orders are required to be completed prior to placing an order. Field order books or petty cash may be used for purchases under $25. A purchase order will be issued by the Department Head or assigned authorized personnel for purchases up to $4,999. Purchases from one invoice over $5,000 must comply with the Administrative Purchasing Policy and be approved by the City Manager. Before accepting delivery, the department receiving the goods or services must determine that the purchase received reflects the order, that they are in a good, usable condition and that the correct quantity is present. If a receiving slip is included, it must be reviewed for these factors before it is signed. 6. Invoices Finance will forward the invoices to the Department Head or authorized staff member for approval of final payment. Original invoice with approval must be returned to the Finance Department. Routine transactions such as utility bills, insurance benefits, progress payments for construction projects, sales tax payments, liquor store inventory purchases, maintenance contracts, police booking fees, mileage reimbursement, membership fees, park/recreation refunds, and umpire/referee voucher checks do not need purchase orders, but must be forwarded to the City Manager for approval of payments in excess of $5,000 for one invoice. The City Manager must also approve invoices if the cost exceeds the purchase order by $500. Invoices must be processed and submitted to Finance to be paid within 30 days of the invoice date, in compliance with state statutes, unless the invoice is in dispute. 7. Payment of Bills Payment of all bills will be on a schedule and procedure established by the Finance Director. 8. Bonds The City will follow state law for contractors bonds which are required for projects as stated in MN Statutes 574.26. The City Manager may require performance bonds for purchase of equipment such as a fire truck, where there is an extended length of time between the order and completion and delivery of the equipment. 9. Capital Outlay Capital outlay items purchased are items reflected in the current budget. The City Manager must approve all purchase orders for Capital Outlay prior to such purchase. If a capital item is not within the current budget or additional funds are needed for such purchase, such • request must be placed in writing to the City Manager. 3 . A fixed asset number is assigned to all capital equipment with a value of $1,000 or more. You must obtain a fixed asset number from the Finance Department upon receipt of capital equipment. If a fixed asset from your department is being transferred, auctioned, exchanged or eliminated, you must contact finance to inform them of the status of this fixed asset. 10. Consulting Services The City may use a consultant for such services as architect, engineer, accountant or person with technical, scientific, or professional training. It is not necessary to advertise for bids for consultants. It is reasonable to request bids from several consultants prior to making a recommendation to the City Manager to enter into such contracts. 11. Emergency Purchases In the event of an emergency, where there are extenuating conditions that need to be addressed immediately, the City Manager must be informed, and will make the determination on how to proceed. 12. Liquor Store The City ill enter into agreements is for purchase of merchandise for r in Y gr p o resale our off -sale liquor operations. Such agreement m have approval q P St must a e app o al of the City Manager. 13. Petty Cash The City has petty cash available for minor purchases made out of pocket by the employee. The maximum amount of petty cash one can be reimbursed is $25. The following are authorized to maintain a . system of petty cash: City Clerk, EBHC Manager, EBHC Innkeeper, Recreation Director and Chief of Police or Chief s designee. Original receipts are required to obtain petty cash reimbursement. 14. Sole Provider The City must follow uniform contracting law. If the City purchases goods from a provider which appears to be the sole provider, the City must maintain records showing a good faith effort to ensure that this in fact is the sole provider, and no other vendors are available. Purchases from a sole provider must be approved by the City Manager following the limits stated above. • City Manager Date 4 KENNEDY & GRAVEN CHARTERED Attorneys at Law JAMES J. THOMSON 470 Pillsbury Center, Minneapolis, Minnesota 55402 LARRY M. WERTHEIM OBERT A. ALSOP (612) 337 -9300 BONNIE L. WILKINS UCE M. BATTERSON JOE Y. YANG NALD 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. LEFEvRE, JR. WRITER'S DIRECT DIAL ROBERT J. LINDALL (612) 337 -9215 ROBERT L. DAVIDSON ROBERT C. LONG WELLINGTON H. LAW O B LOYD LSON B. JAMES M. STROMMEN F F L OOD LSON N CORRI NE H. THOMSON M 4 1 996 T. JAY SALMEN Mike McCauley City Manager City of Brooklyn Center 6301 Shing'e Creek Parks =,gay Brooklyn Center, MN 55430 RE: Public Bidding Procedures Dear Mike: You have asked for my comments on the proposal to change the city's purchasing procedures to conform to Minnesota Statutes section 471.345. The current city policy is more restrictive than state law. That is, it imposes obligations to follow more elaborate procedures for bidding in certain circumstances. Minnesota Statutes section 471.345 requires public bidding only when the amount of the contract is expected to exceed $25,000. Under state law, contracts which are expected to exceed $10,000 but not to exceed $25,000 may be made either upon sealed bids or by direct negotiation, by obtaining two or more quotations for the sale when possible. Contracts of less than $10,000 may be made either upon quotation or in the open market, in the discretion of the city council. The city purchasing policy, however, requires public bidding in the case of all contracts in the amount of $15,000 or more; two or more written quotes for contracts between $5,000 and $14,999; two or more written or oral quotes for contracts between $2,000 and $4,999; and oral quotes on contracts of less $2,000. Therefore, the city purchasing policy requires a more detailed and time consuming procedure than state law in all contracts between $2,000 and $10,000 and between $15,000 and $25,000. The current city policy is the same as the state law for contracts of less than $2,000, contracts between $10,000 and $15,000, and contracts of over $25,000. In my opinion, the city council is free to elect to use more detailed procedures than state law requires as long as the procedures comply with state law. For example, the council may decide to advertise for bids even when state law does not require it. The city council may not, however, elect to award contract without public bidding when public bidding is required by state law. i CLL101246 BR291 -4 Mike McCauley March 4, 1996 Page 2 There are a number of reasons why it may be advisable to amend the policy to conform to state law. The purpose of the state law is to assure that the public gets the benefit of the best possible bargain in a fair and open competitive bidding process. However, the legislature has acknowledged that, for smaller contracts, the requirement that public bids be solicited by advertisement is not reasonable or practical, and therefore is not in the public interest. One reason for this conclusion is that the bidding process involves a substantial commitment of money and staff resources to prepare plans and specifications, advertise for bids, etc. Another is that bidders may not have a sufficient interest in a small contract to justify the expense and effort in submitting formal written bids. The state law has established three procedures to follow, depending on the amount of the contract, to balance these conflicting public interests. The city policy was generally consistent with state law at one time. However, the legislature has since amended state law to increase the amounts which trigger the requirement for a more detailed bidding procedure because, in the judgment of the legislature, the change in the cost of living had made the amounts under the prior law obsolete. Brooklyn Center city charter section 6.06 provides that contracts shall be in accordance with the ® uniform municipal contracting law, Minnesota Statutes section 471.345. It was apparently the judgment of the charter commission that it was appropriate to give the city the benefit of the cost savings which result from allowing a less detailed bidding procedure in contracts of smaller amounts, as determined by the legislature. The current policy is more restrictive than state law and is more restrictive than is required by the charter. Section 6.06 of the charter also provides that the council may b resolution adopt further Y Y P regulations for making of bids and the letting of contracts. Therefore, I believe that the council has the legal authority to leave the policy in its current form. However, requiring a more elaborate procedure than either state law or charter requires will have the effect of increasing the cost of the bidding process to the city in many cases. If I you have an further questions, lease feel free to iv Y q , P ee give me a call. Very truly yours, Charles L. LeFevere CLL:ckr • CLL101246 BR291 -4 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: May 9, 1996 SUBJECT: Report on Code Compliance Initiative Council will be presented with a verbal report. • • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Charlie Hansen, Finance Director DATE: April 15, 1996 SUBJECT: Interest Rates for Special Assessments Last month, ou asked me to develop p a draft policy for the setting of interest rates on special assessments. Our past practice has been to have the City Council set an interest rate for internal loans between funds. Interest rates for special assessments were officially set as each assessment was passed, but almost always were the same as the rate adopted for internal loans. These rates were 7% in 1980, 10% in 1981, 12% from 1982 through 1989, 10 % from. 1990 through 1991, 8 % from 1992 through 1993, and 7 % from 1994 through 1995. A co of Resolution 94 -08 is attached showing e PY g th last adjustment. • We have never had a formal policy for dete what the rate should be. The analysis done at the time of each rate change also wasn't very extensive. We basically tried to avoid any loss compared to what we could have earned if that money had been available to the City's investment portfolio. I asked several other cities how they set their rates and got the following responses: Golden Valley: "We have nothing in writing but usually go about 2 % over what we sell bonds for except we haven't ever gone over 7 %. We use the same number all year." Shakopee: "We go 1.5% over the rate on the bonds issued to finance the project or, if no bonds, we have been staying at 8 % for internal financing. No one has questioned the 8 % issue so far even though it is substantially higher than the rate for bonded projects. " These responses don't appear to be of great help. You instructed that we develop a policy which would tie the special assessment interest rate to some rate available in the open market. We have no obligation to lend out money at the rate we borrow it at. This would • be quite a bargain for the home owner. Neither should we gouge them by having the highest rates around. Our interest rate could be set based on a single market rate, or the average of a couple of • market rates. There are several available. When we issue improvement bonds, or levy special assessments, it is most often for ten years. We should pick a comparable benchmark. The most recent bond rate plus some preset factor is a viable option. The home owner's cost of borrowing would be another approach. Our rate could be tied to the fifteen year conventional fixed rate mortgage. Another benchmark could be our rate of return on investments, basically what we have been following. Our most recent special assessment bond issue on November 1, 1995, had an average interest rate of 4.7734%. If we didn't have a recent bond issue, we could select a comparable sale from the listing in the League of Minnesota Cities magazine. We would then add a preset interest factor to the bond interest rate to arrive at our special assessment rate. Our average rate of return on our investment portfolio for February and March 1996 was just over 6 %. Fifteen year fixed conventional mortgages have been running about 7.25 %. I am recommending the attached policy which would base the special assessment interest rate on the interest rate of our most recent bond sale, or a comparable bond sale of another city, plus 2%. • Interest rates for internal loans between funds would be set at the same interest rate with the exception of the loan from the Capital Improvements Fund to the Golf Course, which would stay at 5%. The loan from the Capital Improvements Fund to the Liquor Fund would be reduced from the current 8.5 % to the rate set annually by this policy. • "M \po1icies \specass2 CITY OF BROOKLYN CENTER SPECIAL ASSESSMENT AND INTERNAL LOAN INTEREST RATE POLICY POLICY IT - The objective of this policy is to establish equitable interest rate charges for special assessments q g P levied against private property and for internal loans between funds. In the case of special assessments, the goal is to not unfairly burden the property owner, but yet recover the cost of borrowing from outside sources, recover the cost of administering the special assessment, and protect-the city from the possibility that special assessment prepayments might impair the city's ability to service the bonds. In the case of internal loans, the goal is to prevent the loss of interest income to city funds which would otherwise invest their money. PROCEDM 1. In January of each year, the staff shall review the previous year's interest rate against the current market and recommend to the City Council an interest rate to be adopted and used for all special assessments levied and all internal loans outstanding.for that year. The internal loan from the Capital Improvements Fund to the Golf Course shall continue at the interest rat approved roved f pp or it by the City Council at the time it was set up. 2. a. The interest rate which will be used as a standard for setting the special assessment and internal loan interest rates shall be the interest rate from the City's most recent sale of improvement bonds with a ten year final maturity. b. If interest rates have changed substantially since that last bond sale, a comparable city's bond sale will be used from the listing in the League of Minnesota Cities magazine. Factors in determining comparability shall include: final maturity of the bonds, that they were issued by a city, that they were G.O. improvement bonds, and the city's bond rating. 3. To the interest rate from the most recent bond sale, 2 % shall be added to cover the city's cost of administration and protect the city from changes in market interest rates. The resulting interest rate shall be rounded to the nearest half percent. This policy was adopted by the City Council by motion on • 10 To: Michael J. McCauley, City Manager From: Clay Larson, Building Official MEMORANDUM Subject: Explanation of Chapter 3 Ordinance Change Date: May 9, 1 996 The change in the Building Ordinance (Chapter 3) is proposed so that the language will be the same as that in the Model Adoptive Ordinance provided in the State Building Code (SBC). When the 1994 Edition of the Uniform Building Code was adopted last year, some sections of the SBC were renumbered and retitled. Section A reflects those changes. Sections B and C adopt optional sections of the SBC, which we have adopted in the past, but in some cases were retitled or renumbered. An example of an optional SBC section would be Rule 1306 Special Fire Protection Systems with Option 8. Option 8 (as compared to Option 8a) has a lower square foot threshold to require the installation of fire sprinklers. No new sections have been proposed for adoption. • ■ i 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 3 of the Brooklyn Center Code of Ordinances regarding the Minnesota State Building Code. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the personnel coordinator at 569 -3303 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING SECTION 3 -101 OF THE CITY ORDINANCES REGARDING THE MINNESOTA STATE BUILDING CODE THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 3 -101 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 3 -101 Building Code. The Nfinnesota State Building Code, established pursuant to [MN. Stat. 16B.59 to 16B.73] Minnesota Statutes, Sections 16B.59 to 16B.75 one copy of which is on file in the office of the City Clerk, is hereby adopted as the building code for the City of Brooklyn Center. Such code is hereby incorporated in this ordinance as completely as if set out in full. A. The following chapters [are adopted by reference as part of the 1990 Minnesota State Building Code.] of the 1994 Minnesota State Building Code area adopted and incorporated as part of the building code for the City of Brooklyn Center: [1. Chapter 1300 - Code Administration 2. Chapter 1301 - Certification and Continuing Education of Building Officials 3. 1302 - Building Construction and State Agency Construction Rules 4. Chapter 1305 - Adoption of the 1988 Uniform Building Code by Reference The 1987 ANSI A 17.1 Code for Elevators, and Related Devices is an amendment to Chapter 51 of the UBC and no longer found in SBC Rule 13.20. a • Required Provisions - UBC Appendix Chapter 35 Sound Transmission Control 5. Chapter 1315 - Electrical Code ORDINANCE NO. • 6. Chapter 1325 - Solar Energy Systems 7. Chapter 1330 - Technical Requirements for Fallout Shelters 8. Chapter 1335 - Floodproofing Regulations (when required) 9. Chapter 1340 - Facilities for the Handicapped 10. Chapter 1346 - Minnesota Uniform Mechanical Code 1990 Edition 11. Chapter 1350 - Manufactured Home Rules 12. Chapter 1355 - Plumbing Code - Administrative Rule 4715 13. Chapter 1360 - Prefabricated Structures 14. Chapter 1365 - Variation of Snow Loads 15. Chapter 1370 - Model Energy Code - Administrative Rule 7670 16. Chapter 1305.0150 Subpart 2 a. UBC Appendix Chapters 1, 12, Division 1, 26, 38, 55 and 70 17. Chapter 1305.6905 special fire suppression systems with option 3.808(c)8. 18. Chapter 1310 - Building Security 19. Chapter 1335 - Floodproofing Regulations, Parts 1335.0200 to 1335.3100, and FPR Sections 200.2 to 1405.3] 1. 1300 - Minnesota Building; Code 2. 1301 - Building Official Certification 3. 1302 - State Building Construction Approvals 4. 1305 - Adoption of the 1994 Uniform Building Code including Appendix Chapters a. 3, Division I, Detention and Correctional Facilities b. 12. Division II, Sound Transmission Control c. 29, Minimum Plumbing Fixtures ORDINANCE NO. 5. 1307 - Elevators and Related Devices 6. 1.315 - Adoption of the 1993 National Electrical Code 7. 1325 - Solar Energy S, sy tems 8. 1330 - Fallout Shelters 9. 1335 - Flood roofinLy Regulations 10. 1340 Facilities for the Handicapped 11. 1346 - Adoption of the 1991 Uniform Mechanical Code 12. 1350 - Manufactured Homes 13. 1360 - Prefabricated Homes 14. 1365 - Snow Loads 15. n 1370 - _ Sow Shelters 16. 4715 - Minnesota Plumbing Code 17. 7670 - Minnesota Energy Code B. The following optional appendix chapters of the 1994 Uniform Building Code are hereby adopted and incorporated as part of the building code for the City of Brooklyn Center: 1. 3, Division III, 1992 One- and Two - Family Dwelling Code 2. 15, Reroofing 3. 19, Exposed Residential Concrete 4. 31, Division H, Membrane Structures 5. 33, Excavation and Grading C. The following optional chapters of Minnesota Rules are hereby adopted and incorporated as part of the building code for the City of Brooklyn Center: 1. 1306, Special Fire Protection Systems with option 8 2. 1310, Building Securitv ORDINANCE NO. 3. 1335, Flood roofing regulations parts 1335 0600 to 1335 1200 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 •