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HomeMy WebLinkAbout1994 08-08 CCP Regular Session CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER AUGUST 8, 1994, ' 7 p.m 1. Call to Order 2. Roll Call a ` 3. Opening Ceremonies 4. Open Forum , 5. Council Report 6. Approval of Agenda and Consent Agenda -All items listed with an asterisk 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 in its normal sequence on the agenda. 7. Approval of Minutes: a. July 11, 1994 - Regular Session b. July 18, 1994 - Special Work Session * C. July 25, 1994 - Regular Session 8. Appointment of Election Judges: * a. Election Judges for September 13, 1994, and November 8, 1994, - Primary and General 9. Discussion Items: a. NLC Action Alert on Anti -Crime, Anti- Mandate, and Senate Telecommunications Legislation b. Pilot Project Discussion Request from Councilmember Rosene for Public Call -In Line - f - C. Consideration of Public Nuisances at 4746 Lakeview Avenue North 1. Ordering the Abatement of Public Nuisances, Safety and Health Hazards and Building and Maintenance and Other Ordinance Violations with Respect to that Real Estate Located at 4746 Lakeview Avenue North, Legally Described } as the West 15 Feet of the East 1/2 of Lots 7 and 8; West 1/2 of Lots 7 and 8, Block 2 "Lakebreeze Addition" in the City of Brooklyn Center, Hennepin County, Minnesota d. Task Force - Crystal, Robbinsdale, and Brooklyn Center Regarding the Use of the Twin Lakes in the Three Cities CITY COUNCIL AGENDA -2- August 8, 1994 10. Resolutions: • a. Expressing Recognition and Appreciation of Trayce Olsen for Her Dedicated a , Public Service on the Human Rights and Resources Commission • b. Authorizing Mayor and City Manager to Execute Subrecipient Agreement with Hennepin County for Year XX Urban Hennepin County Community Development Block Grant Program 'x , • C. Authorizing Mayor and City Manager to Execute Third -Party Agreements for Year XX Urban Hennepin County Community Development Block Grant Program • d. Calling for a Public Hearing Relative to the Treatment of Unity Place (Formerly "The Ponds ") as a Leasehold Cooperative - According to state statute, the City is required to hold a public hearing and make a finding regarding the conversion of "The Ponds" from a rental property to a leasehold cooperative property. • e. Authorizing the Mayor and City Manager to Enter into a Joint and Cooperative Agreement for the Formation and Administration of the Hennepin -Anoka Suburban Drug Task Force for 1995 • f. Approving Purchase Agreement for Improvement Project No. 1993 -18 (MTC Park and Ride) • g. Rejecting Bids Received for Improvement Project No. 1994 -25, Pedestrian Bridge Repairs at Garden City Park and at County Road 10 and Shingle Creek Parkway • h. Accepting Bid and Awarding Contract for Improvement Project No. 1994 -20, Watermain Repair at I -94 and Dupont Avenue North (Contract 1994 -K) E • i. Establishing Improvement Project No. 1994 -26, Playground Equipment Replacement at Lions, Orchard Lane and Firehouse Park, Making an Appropriation, Approving Plans and Specifications, and Authorizing , A; Advertisement for Bids • j. Establishing Project, Approving Plans and Specifications, Directing Advertisement for Bids and Appropriating Funds for ADA Trail, Curb Cut, and Pedestrian Ramp Improvements (Improvement Project No. 1994 -15), and 1994 Sidewalk Replacement - Miscellaneous Locations (Improvement Project No. 1994 -23), Contract 1994 -M * k. Declaring a Public Nuisance and Ordering the Removal of Diseased Trees (Order No. Dst 08/08/94) * 1. Authorizing Acceptance f a Highway f r in h Am 1 from g p e o g ay Sa ety Grant the Amount o$ ,000 the Minnesota Department of Public Safety and Amending the 1994 General Fund' Budget Accordingly i CITY COUNCIL AGENDA -3- August 8, 1994 11. Performance Bond Release /Reduction: * a. 50's Grill - 5524 Brooklyn Boulevard * 12. Licenses 13. Adjournment d. Council Meeting Date August 8, 19% City of Brooklyn Center A It= Nunber Reques For Council Consideration • Item Description: City Council Minutes - July 11, 1994 - Regular Session City Council Minutes - July 18, 1994 - Special Work Session City Council Minutes - July 25, 1994 - Regular Session Department Approval: Sharon Knutson, Deputy City Clerk Az� Manager's Review /Recommendation: No comments to supplement this report Comments. below /attached Recommended City Council Action: Summary Explanation: (supporting documentation attached • MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF 14ENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JULY 11 1994 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Todd Paulson at 7 p.m. ROLL CALL Mayor Todd Paulson, Councilmembers Celia Scott, Dave Rosene, and Kristen Mann. Also present were City Manager Gerald Splinter, Director of Public Services Diane Spector, Director of Community Development Brad Hoffman, Community Development Specialist Tom Bublitz, City, Attorney Charlie LcFevere, and Council Secretary Barb Collman. Counc>Zmember Barb Kalligher was excused from tonight's meeting. OPENING CEREMONIES Ulyssess Boyd offered the invocation. OPEN FORUM Mayor Paulson noted the Council had received no requests to use the open forum session this evening. He inquired if there was anyone present who wished to address the Council. There being none, he continued with the regular agenda items. COUNCIL REPORTS There were no council reports given. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Paulson inquired if any Councilmember requested any items be removed from the consent agenda. No requests were made. There was a motion by Councilmember Mann and seconded. by Councilmember Scott to approve the July 11, 1994, agenda and consent agenda as printed, The motion passed unanimously. 7/11/94 p APPROVAL OF MINUTES ,TUNE 21. 1994 - SPEgIAL WORK SESSION There was a motion by Councilmember Mann and seconded by Couneilmember Scott to approve the minutes of June 21, 1994, special work session as printed. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 94 -134 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION APPOINTING NANCY GOHMr"L'V AS RESPONSIBLE AUTHORITY FOR PURPOSES OF THE MINNESOTA GOVERNMENT DATA PRACTICES ACT The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO-94-135 , Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION APPOINTING NA" CY GOHMAN TO THE BOARD OF DIRECTORS OF THE NOR'T'HWEST HENNEPIN HUMAN SERVICES COUNCIL The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RE L ON N . 94 -136 SO UTI p Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR T � HE T' DEDICATED PUBLIC SERVICE OF THE EARLE BROWN DAYS COMMITTEE The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO 94 -137 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING =CUTION OF AN AGREEMENT BETtiVEEN MCC BEHAVIORAL CARE A�TD THE CITY OF BROOKLYN CENTER FOR AN EMPLOYEE ASSISTANCE PROGRAi�i 7/11%94 - z The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTIQN NO. 94 -138 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES (ORDER NO. DST 07/11/94) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 94 -139 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING THE BROOKLYN CENTER FIRE DEPARTMENT RELIEF ASSOCIATION FINANCIAL STATEMENTS FOR THE CALENDAR YEAR ENDED DECEMBER ,31, 1993 The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion P assed unanimously, RESOLUTION NO, 94 -140 Member Kristen Mann introduced the fallowing resolution and moved its adoption: RESOLUTION APPROVING PURCHASE AGREEMENT FOR IMPROVEMENT PROJECT NO. 1992 -29 (STORM WATER POND) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. LIC There was a motion by Councilmember Mann and seconded by Councilmember Scott to approve the following list of licenses: AMUSEMENT DEVICES - OPERATOR Beacon Bowl 6525 West River Road Brooklyn Center Community Gent+: r 6301 Shingle Creek Parkway Lynbrook Bowl 6357 North Lilac Drive Scoreboard Pizza 6818 Humboldt Ave. N. AMUSEMENT DEVI .S - VEN American Amusement Arcades 850 Decatur Ave. N, 7/11/94 -3- GARBAGE AND REFUSE COLLECTION VEHICLES Browning Ferris Industries 9813 Flying Cloud Drive Twin City Sanitation 279 Meadowwood Lane MECH MICAr .. SYSTEMS Quality Air, Inc. 7907 5th Street NE RENTAL DWELLINGS Renewal: KMS Management, Inc. Shingle Creek Apartments Patsy Stuva and Rickie Stuva 6413 Brooklyn Drive SIGN HANGER Stillwater Sign Co. 804 West Laurel Street The motion passed unanimously. PRESENTATION The City Manager called upon representatives of Boy Scout Troops 542 and 529. Boy Scout members from Troops 542 and 529 presented a Certificate of Appreciation to Director of Recreation Arnie Mavis for his support of the troops' Pancake Breakfast event. The Director of Public Services accepted the honor on behalf of the Director of Recreation. Mayor Paulson thanked the Scouts for their attendance and presentation. MAYORAL. APPOINTM.ENT JSING COMMISSION The City Manager noted the vacancy in a position on the Brooklyn Center Housing Commission. Mayor Paulson asked for confirmation of the appointment of Jack Kelly to the position. Councilmember Mann commented both applicants, Jack Kelly and Stephen Reichel, appeared well - qualified but Mr. Kelly's appointment seemed appropriate as his expertise in the field of real estate corresponds with that of the former commissioner in this position. There was a motion by Councilmember Mann and seconded by Councilmember Scott to confirm the appointment of Jack Kelly to the Housing Commission. The motion passed unanimously. Mayor Paulson encouraged Mr. Reichel to submit an application again in the future. He noted this was the second application from Mr. Kelly and the first from Mr. Reichel. 7/11/94 _ 4 - s DISCUSSION ITEMS STAFF REPORT REGARDING PROPOSED WILLOW LANE PARK MODIFICATIONS The City Manager asked for a report from the Director of Public Services. The Director of Public Services discussed the consideration of changes to Willow Lane Park, particularly the removal of tennis courts, removal or relocation of basketball courts, and relocation of playground equipment toward the school. At the direction of the Council, over 125 survey forms were sent to residents in the area inviting their response to the proposed changes. Staff received 14 survey responses and spoke personally with several residents. In regard to the tennis courts, 5 of the 14 respondents expressed a desire the tennis courts not be removed. One resident close to the courts stated they are not used very much. The Director of Public Services stated the cost of rehabilitating the courts would be $35,000 to $50,000 and she continues to recommend the cost - effective approach is to remove the courts. She added other tennis courts are available to adequately serve the needs of residents, and the cost of rehabilitation cannot be justified on the basis of use. A greater response was received concerning the basketball courts. Residents stated the courts are used regularly and should not be removed. The Director of Public Services commented the basketball courts could be relocated to the present location of the tennis courts if they are removed. Survey responses from parents of preschoolers showed uneasiness about preschoolers playing in close proximity to school children (during recess times and lunch times) with the relocation of park playground equipment nearer the school. The Director of Public Services suggested the design of a specialized "tot" area in addition to the planned relocation of equipment. This "tot" area would be located farther from school in a pleasant area and would include some landscaping and a few pieces of specific equipment for preschoolers. She added equipment is available from storage or other parks so the arrangement would not be difficult. The City Manager commented there was a similar situation at Evergreen Park. Even though there was tot equipment, small children were still attracted to the other equipment. However, the addition of a tot area certainly helps for the times the school children are using the regular equipment. Councilmember Rosene said he appreciated the effort made to obtain input from the nearby residents. Although the project was delayed in order to do the survey, he felt the overall plan is now improved. Councilmember Scott thanked the Director of Public Services for the work done on this project. She said the new plan will solve the neighbors' concerns. 7/11/94 _ 5 _ Mayor Paulson verified the tennis courts will be replaced with the relocated basketball courts. He questioned the cost of $35,000 to $50,000 to rehabilitate them, and whether the maternal used is the same for the two types of courts. The City Manager said the base is the same material but the surface material is different. Basketball courts usually have a blacktop surface, while tennis courts require a specialized surface, as well as a larger area. Tennis courts are more expensive to build because they require a larger area, a specialized surface, and a fence. Mayor Paulson asked whether expanding parking would leave room for tennis courts. The City Manager replied it would not. Mayor Paulson noted the plan now is better than the original design. He said the plan supports the park theme. He also said as a matter of policy an attempt should be made to provide a diversity of activities provided at the parks, not just current fad. The City Manager mentioned differences in park make -up over the years, including the addition of walking trails in the 19Q0s, He said 10 to 15 percent of park development fluctuates. Councilmember Mann commented this project is a smart move. There was a motion by Councilme -mber Mann and seconded by Councilmember Rosene to go forward with the modifications of Willow Lane Park, including removing the tennis courts, expanding the parking lot, relocating the basketball courts, developing a tot area. The motion passed unanimously. STAFF REPORT REGARDING PROPOSED CITY HALL REMODELLING The City Manager reviewed that Staff had been authorized to obtain more detailed estimates regarding City Hall remodelling. The City Manager presented a Resolution Authorizing Development of a Request: for Proposal (RFP) for Professional Services, Improvement Project No. 1994 -32, City Hall Remodelling, and Amending the Appropriation. The Director of Public Services reviewed the three objectives of the proposed remodeling; to provide additional space for the Police Department; to provide adjustable, ergonomically correct workstations for employees who regularly use computers; and to provide for additional and more efficient workspace and storage in the upper level of City Hall while correcting code deficiencies and helping meet ADA requirements. In regard to space to house the Police Department, the Director of Public Services outlined three options. to remodel the existing facility, to lease space, or to add temporary facilities. The first option is impractical as all storage space is currently in use and the removal of items currently being stored there to other storage or disks would be cost prohibitive. The 7111194 -6- second option concerned moving some or all of the department off -site. The cost of leasing space for just the investigators, outside of lost benefits related to proximity, would be an estimated $175,000 to $200,000 over a three -year period, plus $35,000 in operating costs. The cost to lease space for the entire department would be prohibitive, at a three -year total of nearly $1 mfilion. The third option was to add temporary facilities. Plans were developed by an architect and another consultant concerning work spaces. The estimated cost for this option is $113,000. She noted the difference from the April estimate of $70,000 was related the facility being purchased rather than Ieased. She also added the resale value of the temporary facility and the re -use of the furnishings make an actual cost of $50,000 to $60,000. Mayor Paulson asked whether the facility would be like two trailer homes. The Director of Public Services said they would be like temporary classrooms. Mayor Paulson asked whether the police officers who would be affected have been consulted about the ideas. The Director of Public Services stated the officers desire more working space regardless of the method used to obtain it. The City Manager added the officers are reluctant to be split up, citing operational problems which would arise. He commented the Police Department cannot continue to operate under current conditions. Councilmember Rosene noted the use of trailers would be a short -term solution and the officers would need to realize that. He asked about the implications of a necessary hole in a secure area (police department). The Director of Public Services said the Police Chief has said there will be no compromise in security and that motion detectors and security cameras will be used. She stated the hole would have to be filled at a later date but at that time the area would most likely not house the police department. Councilmember Rosene questioned the safety of having only one exit from the proposed facility. The City Manager said there is an exit in the design. He added the area meets the qualifications of a bomb shelter so cutting a new door would be alright. Councilmember Rosene asked whether the Police Chief is concerned about the temporary structure being broken into. The City Manager answered the structure would be above grade. Councilmember Scott remarked most often someone would prefer to break out of jail rather than into jail, She asked what part of the police department would move to a temporary facility. The Director of Public Services stated that, while no final decision has been made, as of this date, those moving would be the Fire Chief and secretary, the investigators, and the TAP volunteers. Mayor Paulson asked what employees would be moved into the vacated area. The Director of Public Services noted sergeants and some patrol officers would be moved. The City Manager commented many employees are sharing desks in the one room but the number 7/11/94 -7- 7 would be cut from 12 to 7 or 8 employees. He added the air system in the room is unable to handle the large number. Councilmember Mann asked whether the chlorine storage will be moved; the Director of Public Services said it would not. Councilmember Mann commented this project should not be undertaken if the Council does not feel it is necessary. She asked why the current fitness room in the community center can't be used by the police department. The City Manager said the size of the room and the type of equipment are not adequate. The plan calls for joint use by the police and the firefighters and there are requirements which govern the facilities used. Councilmember Mann asked whether the temporary facility would address the ADA requirements. The Director of Public Services said it would not. Councilmember Rosene questioned the square footage change noted between Table I and the following paragraph. The Director of Public Services explained the 1,500 square feet relates to moving just the inspectors, whereas the 20,000 square feet relates to moving the entire police department., In regard to new workstations, the Director of Public Services noted 13 new stations were authorized in an April meeting. Now workstations are needed in response to rising computer - related injuries and upcoming regulations governing the use of computer workstations. Adjustable workstations are recommended. There are also requirements by OSHA which can lead to fines against employers. There is a question of whether failing to provide proper workstations to persons who have been injured or suffer from various back or neck problems can be considered a violation of the Americans with Disabilities Act (ADA). The Director of Public Services reviewed the estimated costs and mentioned the cost for workstations alone equals one -half the amount of the total proposed remodelling project. She added the workstations will be usable regardless of the course of remodelling and that, as employers, the City is responsible for providing a safe and productive workplace. Councilmember Mann inquired ,about the number of workstations which have been purchased. The Director of Public Services said Staff is in the final stages of selecting the equipment and expect to submit an order within the next two weeks. Councilmember Mann asked whether Table 2 includes all employees. The Director of PubIie Services said it includes employees who use computers and that number is approximately 80 percent of all employees in upper City Hall. Councilmember Scott asked whether the figures listed for Park and Recreation and City Garage relate solely to workstations. The Director of Public Services said they do. 7/11/94 Councilmember Scott said those figures were high. The Director of Public Services said the base cost for a workstation (chair, frame, files, etc.) is $4,000. Councilmember Scott said she has experience with a cost of $2,600 for a top -of -the -line model including all elements needed. The Director of Public Services said the $4,000 figure is a generous estimate; products vary and some could cost less. Councilmember Scott suggested the Director of Public Services contact her for the name of the less expensive supplier. Councilmember Scott asked whether the existing furniture would be sold. The Director of Public Services said it probably would be sold. The City Manager remarked in some instances employees on different shifts share equipment, so the equipment must be user - adjustable. Workstations which are only used by one employee may be mechanic - adjusted instead. The Director of Public Services next discussed the reconfiguration of the space on the upper level of City Hall for the purpose of meeting ADA requirements and correcting building code problems, She displayed a proposed floor plan and explained the Staff recommendation. Two issues to be addressed are long corridors which violate the building code and the need for an additional meeting room. The Director of Public Services also noted there are a couple of accessibility items which are not addressed by the plan; for example, power doors, ramps, specific employee needs. Some remodelling is proposed for the Community Center. The design shown was preliminary, but more workspace is required at the front counter. More storage is also needed at the Community Center. The total remodelling estimate is $472,000; however, 80 percent to 85 percent of the cost is considered reusable while 15 percent to 20 percent could possibly be lost investment if a City Hall expansion were to occur - in future years. Another consideration to be made is the benefit of three years of a safer and more productive environment. Councilmember Mann asked whether cost had been the reason power doors were not added. The Director of Public Services confirmed this and stated an attempt was made for this estimate to be bare bones. The application of power doors varies, but can cost from $5,000 to $30,000. Councilmember Scott asked what area with benches is being considered for storage. The City Manager explained the benches are upstairs in the Community Center and using that area would be economical. 7/11/94 -9- - Councilmembcr Scott asked where the entrance would be relocated. The City Manager described moving one window panel to the north. There was a discussion about the design of the entrance area, its function in stopping cold winds, and an "air lock." Councilmember Scott expressed concern the Fire Marshal could penalize the City for the condition of the storage spaces. The City Manager commented the storage areas have been in use for 20 years and storage is always the last element to be considered. Councilmember Rosene asked about a fitness center mentioned for the Police Department. The Director of Public Services said a fitness center is a long -term need which is not addressed in this proposal. Counc- Umember Rosene mentioned using the facilities the City already has. The Director of Public Services said the fitness center in the Community Center is not large enough and does not have the equipment desired by the Police Department. The Director of Public Services asked Council to consider making a resolution to allow Staff to prepare an RFP to move the project from the preliminary phase into the design phase and to allocate an estimated cost of $915,000 rather than $800,000. She mentioned deduct alternates can still be developed. Councilmember Scott asked whether one company alone would handle the whole project or whether there would be three separate RFPs since there are three different types of work required. The Director of Public Services said a primary consultant would be hired who would then subcontract to specialists. The City Manager commented the City of Crystal recently used that method successfully. There is a question of using construction management or an architect. Councilmember Scott stated she agreed each part should be handled by an expert. The Director of Public Services sated Risk Management would also be involved in the process. RESOLUTION NO 94-141 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING DEVELOPMENT OF AN RFP FOR PROFESSIONAL SERVICES, IMPROVEMENT PROJECT NO. 1994 -32, CITY HALL REMODELLING, AND AMENDING THE APPROPRIATION The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann. 7/11/94 _ 10- 4 ' Councilmember Rosene questioned whether other new police department facilities could be investigated, and whether members of the Council might arrange tours individually or as pairs, or whether there would be group held trips. The City Manager said the other new police departments in the area were newly constructed rather that remodelled facilities. He added that when the Council Chambers was approved for remodelling there was a video taken of some other facilities. Then, the choice was narrowed down before actual touring. He said that procedure could be followed again, followed by site visits of a few facilities. Councilmember Rosene commented the procedure made sense and asked if it could be arranged. The City Manager asked whether he meant touring facilities to be models for a temporary facility or for an interim period. Councilmember Rosene said he is interested in seeing ideas for the future. Mayor Paulson noted he would vote against the motion because it contained all three elements. He felt not enough wm being done for the Police Department, too much was being done with the upstairs of City Hall, and there was not adequate consideration of ADA requirements. He agreed with Councilmember Scott that Staff should look at less expensive suppliers. He added the Council needs to find an ultimate answer to the concerns and that a temporary solution may have a negative effect on a permanent solution. There was a discussion regarding a future bond issue, The Director of Public Services stated Staff has researched permanent solutions. She offered to locate the research and prepare a bond referendum which addresses the Police Department issue. Councilmember Mann asked whether Mayor Paulson was saying he wants the police to work under substandard conditions until a erman p ent solution is reached, Mayor Paulson said that is incorrect as he had stated the City is not supporting the Police Department well enough, yet the upstairs of City Hall is addressed. He said a facility should be leased if necessary, Councilmember Mann called the cucstion. Roll call vote: Councilmember Rosene, aye; Councilmember Scott, aye; Councilmember Mann, aye; Mayor Paulson, nay. The motion carried. RES 4UUTIONS - CONTINUED The City Manager presented a Resolution Providing for the Acceptance of Certain Real Property in the City and Authorizing the Execution of an Agreement Therefor. The City Manager explained owners on 69th Avenue wish sh to donate a piece of ro er P P ty to the City, The benefit for the owners would be a tax write -off, The property is on the south 7/11/94 I I __ I P side of 69th Avenue, west of Neil's Total Station. The Council has the opportunity to accept pP ty t p donation of the property. The Director of Community Development gave details of the proposal. The Director of Community Development said if the City accepts the property it will then control the development of the property. He said the property could be key in long -term development. The City could keep the property from becoming multi- family since it's zoned for 10 units. RESOLUTION NO, 94 -142 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR THE ACCEPTANCE OF CERTAIN REAL PROPERTY IN THE CITY AND AUTHORIZING THE EXECUTION OF AN AGREEMENT THEREFOR The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene. Councilmember Rosene asked whether re- zoning of the property could be accomplished quickly. The Director of Community Development said it could be re -zoned but he questioned the purpose of doing so. He said the City would already control development. Councilmember Rosene said he did not mind closing the option of R5 zoning. The motion passed unanimously. The City Manager presented a Resolution Giving Preliminary Approval to the Issuance of Tax- Exempt Bonds and Authorizing Application for Allocation of Bonding Authority. He explained that within the past two weeks, a new ownership group has expressed interest in purchasing Four Courts Apartments. This group is also interested in seeking an allocation for revenue bonds for the purchase and rehabilitation of the project. This resolution would provide preliminary approval of the issuance of the bonds. The revenue bonds do not affect the debt capacity of the City. The Director of Community Development provided more details on the matter. -He, said July 25, 1994, is the application deadline. He also said the Community Development Specialist and he had researched the history of project management in other communities and have now decided it would be in the best interest of the City. The Director of Community Development said, based on Dominium's reputation in Bloomington, Dakota County, Duluth, etc., it will be strong management. He mentioned maintenance e ance at the facility has been good but it is now time for long-term corrections. 7/11/94 -12- The Director of Community Development recommended the resolution subject to fees which will be assessed. He said a fee policy for this and future projects will be presented at the next Council meeting. Representatives of the ownership group, Paul Sween and Jim Winkels, were present to answer questions. Councilmember Scott complimented the representatives on the make -up of the management team. She said it is well organized. She then asked how the Four Courts complex came to the group's attention. Mr. Sween said this will be the fifth acquisition for the company this year so normal channels who know the group wants this kind of investment produced the match. Councilmember Scott asked when the group would take over Four Courts. Mr. Sween said it would probably take over in fourth quarter of 1994. Councilmember Scott commented she liked the group's goal of being a good neighbor and wished the group good luck. Councilmember Mann asked Mr. Sween about the possibility of having three - bedroom units. Mr. Sween said the groups intention is to rehabilitate the complex as it is now. Although three- bedroom units are not in the current plan, the group would look at that option if a survey showed it was needed. Mayor Paulson encouraged the representatives to maintain the current composition of the site. He also urged the complex can be turned around. RESOLUTION Nn. g4 -143 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION GIVING PRELIMINARY APPROVAL TO THE ISSUANCE OF TAX - EXEMPT BONDS AND AUTHORIZING APPLICATION FOR ALLOCATION OF BONDING AUTHORI'T'Y The motion for the adoption of the foregoing resolution was duly seconded by member Rave Rosene, and the motion passed unanimously. The City Manager presented a Resolution Authorizing Condemnation Proceedings, Improvement Project Nos. 1992 -29 (Storm Water Pond) and 1993 -18 (MTC Park and Ride). The City Manager explained negotiations will continue but this procedure starts the 90 -day c lock. He mentioned there will probably be cooperation from most but problems with a few. RESOLUTION NO 94-144 Member Celia Scott introduced the following resolution and moved its adoption: 7/11/94 - 13 - RESOLUTION AUTHORIZING CONDEMNATION PROCEEDINGS, IMPROVEMENT PROJECT NOS. 1992 -29 (STORM WATER POND) AND 1993 -18 (MTC PARK AND RIDE) The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. Mayor Paulson noted he was able to vote on the resolution as there is no longer a conflict of interest regarding the MTC. ADJOURNMENT There was a motion by Councilmember Celia Scott and seconded by Councilmember Dave Rosene to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 8:37 p.m. Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Barb Collman TimeSaver Off Site Secretarial 7111194 - 14 - i 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 JULY 1$, 1994 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in special work session and was called to order by Mayor Todd Paulson at 7 p.m. R LLALL Mayor Todd Paulson, Councilmembers Celia Scott, Dave Rosene, and Kristen Mann. Also present were City Manager G ald S linter t Engineer Mark Maloney, Finance Director o Hansen, e Director of Director of Development, Brad Hoffman, and Council Secretary Barb Coltman. Councilmember Barb Kalligher was. excused from tonig a e 'n gh m e et ing UPDATING CILAPTFR 12 BUILDING MAIN'I' NANCE AND O�'CiJpANCY ORDINANCE, TO INCLUDE DOMESTIC ABUSE IN SECTI N 12-911, CON LI QN CENSED PREMISES The City Manager explained the Council had specifically directed Staff to consider adding domestic abuse to the activities which constitute a violation of Section 12 -911. He said it appears such an addition to the Ordinance may be counter - productive, The City Manager stated a situation of domestic abuse is generally covered anyway because a neighbor calls the authorities about noise. The Director of Community Development mentioned Brooklyn Park has the same ordinance. He added discussions with members of the Police Department have brought up a concern that if domestic abuse were part of the Ordinance the landlord could evict the tenants; therefore, the victim might not report the abuse so as not to risk eviction. He agreed if there was a problem situation there would be calls to the Police Department by neighbors concerning disorderly conduct. The tools for handling domestic abuse are available in other sections of the Ordinance. Councilmember Mann asked whether the "abuser" could be linked to the abuse situation rather than the victim. The City Manager said the name on the lease is what is affected and cannot be separated. 7/1$/94 - 1 - Councilmember Mann asked whether the police officers encourage victims of domestic abuse to Me complaints. The City Manager said the officers give the victim the phone number for Project Peace or make the call immediately. He added the first step by a police officer is to make an arrest to get the perpetrator out of the situation, so then there is not as great a need for shelter for the victim. Often the abuser has been bailed out within 24 hours, but the judge usually restricts the abuser from returning, which puts the victim in a stronger situation. The City Manager suggested monitoring the situation for a year to determine whether the other parts of the Ordinance cover the matter adequately, as the initial review indicates there is coverage. Mayor Paulson said he appreciated the issue having been brought out. He stressed an outreach approach might be better than more regulations. He suggested greater communication of available resources for victims of domestic abuse. The City Manager commented the Block Watch system is beginning to work. Mayor Paulson mentioned Project Peace as a possible communication link. He also stated Project Peace is an organization which is growing and moving toward non - profit status and perhaps the Council could have an influence in the area of funding. The City Manager agreed. Mayor Paulson relayed he had a conversation recently with Couneilmember Rosene and Senator McGowan in which concern was expressed a temporary restraining order (TRO) should be filed so it can be accessed at all times. The City Manager said there is a system by which a TRO can be accessed 24 hours per day. The Director of Public Services explained there is a connection through LOGIS allowing this access and, in fact, Brooklyn Center houses the system for the area. The City Manager reviewed the events leading to Brooklyn Center obtaining the system. He said in the past there would be a need to see computer files in order to finalize cases but Police Department staff would he too busy to handle the work. It was decided there should be a way to tap into the existing system for information and this was accomplished two to three years ago. Now, Brooklyn Center is the site of the terminal which provides information electronically to several municipalities. Mayor Paulson requested a letter be drafted to Senator McGowan to inform him of the existing system. The City Manager said ultimately an officer in the field may be able to access the information on a secured airway. He said there will be a report on the matter forthcoming. Councilmernber Mann said she would like more information about Project Peace. 7/18/94 -2- - y Councilmember Scott said her conversations with people in the field of police work have shown adding domestic abuse in this section of the Ordinance is ill - advised as it is very difficult to convince a victim to file charges and adding the risk of losing an apartment due to losing a partner's income could be a further deterrent. She added man m Y women 4 e know there are resources but do not know the details; day care centers are beginning to carry literature concerning available resources. Also, police officers are beginning to know sources to recommend. There needs to be more education on available resources. The City Manager said the Police Department leaves information with a victim. Also, the police dispatcher notifies Project Peace and members of that organization initiate contact with the victim. State law mandates police officers are responsible for the safety of the victim so the officers refer the situation to a counsellor who is experienced and more effective (which also saves time for the officers). Councilmember Rosene mentioned Senator McGowan had suggested contacting the Attorney General's office regarding a tobacco industry matter. He asked if someone could be directed to call the Attorney General's office. Councilmember Mann said she believed the person who tabled that motion would need to take that action. She also said she would like to have Councilmember Kalligher's input on the matter. Councilmember Scott suggested adding this issue to the next City Council agenda. The City Manager recommended informally contacting Councilmember Kalligher and proceeding with the call. Councilmember Rosene questioned whether the Council agreed the call could be made. There was no objection. The City Manager again asked the question of amendment of the Ordinance to include domestic abuse in Section 12 -911 be considered for a year. He said if it appears at any time the existing system (including mailing of letters) is inefficient, Staff will return to the Council on this issue. PROPOSED FIVE -YEAR S'T'R ..'1' IMPROVEMENT PLAN The Director of Public Services explained no decisions concerning street improvements are called for at this meeting; however, they will be within the next few months. The City Engineer summarized the status of the 1994 projects. The James/Knox Avenue and Northwest Area projects were started Memorial Day, six weeks ago. There has been good weather and so far both projects have been "pretty successful." The City Engineer said approximately 19 out of 20 contacts with residents have been complimentary. The contractors are ahead of schedule; Staff is satisfied with the contractors who were chosen. 71184 -3 - I Regarding the regional pond in the Creek Villa area by The Ponds' property, the City Engineer commented pictures were sent to the Watershed Commission and the commission praised the work. 0 Councilmember Rosene asked whether photos could be sent to the media. The City Engineer said he would prefer to wait until the covering vegetation has grown up. i Mayor Paulson said he had taken a call from a resident regarding the road in Creek Villa. The City Engineer stated the road is being taken care of. He commented a small area of pavement broke up, and it is being repaired with an overlay. Mayor Paulson requested the resident be phoned with that information. The City Manager complimented the Staff and the inspectors. He noted the staff made an exceptional effort to handle residents and communicate their concerns to the contractors. Councilmember Mann remarked the newsletters distributed to residents were well -done and an excellent communication tool. Councilmember Rosene agreed. The Director of Public Services added Staff has been videotaping the condition of the roads and neighborhoods during all phases of the projects. The tapes will be shown to residents in the future so they may have realistic expectations of street improvements. The City Engineer commented the 1994 projects would have been significantly more expensive if they had been done in 1993 because of the wet conditions. Councilmember Rosene inquired whether the excess rock after seal coating will be swept up. The City Engineer said it would be done this week. Councilmember Rosene said the situation leads to some drivers spinning around corners and to a washboard effect on the road. The City Engineer explained the specifications -allow 7 to 21 days before sweeping the rock to allow for changes in the surface. Councilmember Scott said 21 days is too long for the rock to be on the roads. The City Engineer said the road surface requires the rock for a longer period of time in cooler temperatures. Since seal coating used to be done later in the summer, 21 days were needed. Now that the procedure is completed in warmer temperatures, the time period could be shortened. The City Engineer next reviewed the proposed five -year street improvement plan. He said a five -year plan is a requirement for receiving a funding allocation from Minnesota State Aid 7118/94 -4- (MSA). It is not necessary to do improvements on an MSA street each year, but if the funds accumulate there is a risk they will be rescinded. Mayor Paulson asked whether the MSA designation can be moved from one street to another. The City Engineer said re- assignment can be made if the two roadways serve the same function (for example, a road serving as a collector). The City Engineer mentioned two roads he would recommend be removed from the list of designated MSA roads as they are low- traffic routes and funds are being wasted. Roads with a higher traffic level can receive necessary funding if they receive the MSA designation; however, any road considered must be connected to other MSA roads. Councilmember Rosene commented that because of the highway system Brooklyn Center's roads are fragmented and there are limited options. The City Manager said the designation could be changed but there re a limited 1� g a to number of roads which would meet the requirements. The City Engineer pointed out all of 73rd Avenue is in Brooklyn Park's MSA system, but only part of it is in Brooklyn Center. An MSA designation could be re assigned to the part of 73rd Avenue which doesn't have it to complete the route. Councilmember Rosene agreed that roadway would be a good candidate for the re- assignment. Councilmember Scott said she would like the concept of reassignment added to a Work Session agenda. The City Engineer expressed a desire to review with the Council the Minnesota State Aid system. Councilmcmber Mann agreed and said she would like to be informed about taking the shorter section of roadway off the program. The City Engineer commented nothing would be lost by making this change. The City Engineer explained that street improvement projects are often driven by other needs. For example, the streets in the Woodbine area are not in desperate condition, but storm sewers are needed because there are none. Therefore, street replacement becomes involved. The streets selected for the 1995 program were chosen on the basis needs in the areas of stree water, sewer, etc. The City Engineer stated two miles of streets were improved in 1994. Councilmember Mann asked whether there will be an increase in the number of miles done in the coming years. The City Engineer pointed out this information on the graph handed out. The goal is four miles per year. 7118/94 -5 - The City Engineer said the City Staff is prepared to take care of routine projects in the five- year program, but there will be specialized projects which will require consulting services. 0 There was a discussion on the Shingle Creek bridge and the 57th Avenue North area. The Director of Public Services mentioned this proposal has been brought for discussion but there is a need to formulate a comprehensive plan. She reminded the Council it must choose to "pay now or pay more in the near future" in regard to street improvements, The Director of Public Services also explained the Estimated Cost Chart, which does not attempt to project for inflation and assumes the special assessment rate will increase for inflation. She said the bonds are for ten years, so it will take ten years to reach a plateau of levy for debt service. The current unit assessment is $1,550. The cumulative levy increase over five years would be $750,000. If Council is willing to accept the levy increase, there is no need for a change. If Council is unwilling to accept the levy increase, the only funding option is higher level special assessments. If the assessment were increased from $1,550 to approximately $2,000, there would be a substantial reduction in the levy in the long run. The City Manager said the impact per household would be about $2. He added other committees, such as the water management task force, have mentioned a special assessment should be considered because the utilities fund will not be large enough. The earlier in the process this increase is done, the better. Councilmember Mann asked whether bonding will be necessary if 1995 projects are begun with 1994 assessments. The City Manager said no city has the fiscal capacity to handle projects such as these without bonding. There was a discussion of capacity and legal debt margin. The Finance Director said taxes and special assessments will be needed, but the City has the ability to handle the projects, Councilmember Rosene commented he had always disagreed with special e Y g p assessments but now sees they are justifiable in that the resident taxed recognizes direct benefit. However, with inflation, in 20 years the $1,550 will not be adequate. He suggested indexing $1,550 and tying it to the CPI so it is equal. The City Manager said that is current policy. The goal is 25 percent to 30 percent of a project's cost be paid by special assessments and some will be higher. Every year the rate is increased based on construction costs. Councilmember Rosene asked what avenues of savings there are, He was told less spending on rebuilding storm sewers and street maintenance, Mayor Paulson asked for the dollar cost to be quantified. The City Engineer said the backlog was cut by $18 or $19 million with this program due to systematic maintenance. The City Manager added the Pavement Management Program (a computer too]) was just 711$/94 -6 - received approximately six weeks prior to this and quantifying will be worked on. The Finance Director said the program's benefit comes in the form of good streets rather than in taxes. Councilmember Rosene commented money must be spent either way. The City Engineer said if conditions get bad it will take a long time to get them back into shape. It is best to work on the "right place at the right time." Mayor Paulson stated even if money is saved, it will be used someplace else. Councilmember Scott said the savings comes from not spending more later. Mayor Paulson said there would be no savings in annual maintenance. The City Manager said there would be savings from performing less seal coating. The City Engineer said it is now understood that our current method of seal coating is not cost - effective. There had been a program of seal coating one - seventh of the streets each year. Councilmember Rosene asked how long it will take to change from $140,000 in seal coating to $100,000 in seal coating. The City Engineer said it needs to be a gradual process, perhaps over two or three years. The Director of Public Services said the savings comes from maintenance which results in less major reconstruction. Also, there is added value from the appearance of the neighborhood with street maintenance. The values of lots and properties is increased due to attractiveness and people are attracted and satisfied to stay. The City Manager said Staff will be asking for preliminary approval of the 1995 street improvement plan. He added cooperation with Brooklyn Park will be necessary in one area. Councilmember Scott stated there is a noticeable difference when driving into Brooklyn Center. There was a discussion about improving communication with Brooklyn Park and about a Minneapolis project which did not coordinate with Brooklyn Center plans. There was a discussion concerning increasing assessment percentages. The Director of Public Services said there is a stabilization program which allows the City to contn'bute towards assessment for residents on fixed incomes who meet certain requirements. AVDITQR'S MANAGEMENT' LETTER The City Manager explained this will be opportunity for the financial Staff to respond to the auditor's suggestions and comments. The Finance Director asked whether he should respond item by item. Councilmember Mann commented she felt the first two (cash collateralization and uncollected property taxes) were already being addressed. The Finance Director agreed. 7/18194 - 7 - i In regard to the General Fund Programs, Councilmember Mann questioned why recreation is not in an Enterprise fund. The City Manager said the definition of an Enterprise fund is one that "makes money" or "breaks even." The recreation program was not designed to fit that definition. The City Manager continued the auditor is concerned about how Brooklyn Center is compared to other cities on the basis of the general fund. Brooklyn Center appears to be spending above the norm in the area of recreation; however, this is a result of the Community Center costs. The auditor is recommending establishing an Enterprise fund to allow for a different perception. The Finance Director added making the change to an Enterprise fund for that purpose is a temporary solution and, therefore, a non - productive approach. The City must judge how much effect the perception has when, after all, it can be explained. The City Manager pointed out the State does use the figure to criticize the City. He explained there is a new reporting system being developed. One approach might be to wait to see how the new system reports it. He also felt the subject should remain open so that the auditor can make his arguments clear. Councilmember Mann mentioned she agrees with the concept of Workers' Compensation self- insurance. The Finance Director explained the City's rates for Workers' Compensation insurance have been decreasing as it is below average due to few accidents. However, the premiums appear to be higher than the benefits. In regard to self-insurance, he stated it is risky. Essentially, the City would be saying it would pay benefits and administrative costs, but it would expect the amount to b 1 e ess an currently th cu ently pall in prc,mium. There could be a year with many costs, although it is possible to build up a reserve and buy re- insurance. Also, Workers' Compensation is complicated in that there are legal and personnel ramifications. It would be necessary to hire an outside expert to administrate the plan because of the complicated nature and to .aid in avoiding personal conflict. The City Manager said self - insurance would be a chance for premium savings, but would also be risky. He added there is a risk of a Council in future years being tempted to use the pool of funds built up, as has happened in other cities, Councilmember Rosene said it is a necessity to have re- insurance and to hire an administrator, but it is worth a try. He commented a resolution could be enacted to disallow future Councils from using the fund. He added the plan through the League of Minnesota Citics has been preferable to previously used private plans. 7"ne Finance Director commented the Employee Safety Committee has been worthwhile and resulted in fewer accidents. If the committee continues to work, the situation will continue to improve. 7/1$/94 - g - Mayor Paulson asked how the general fund would be affected if a self - insurance plan is undertaken. The Finance Director said premiums would increase or decrease based on experience and they would come out of the general fund. Councilmember Rosene asked whether incentives could be used to encourage safety. The City Manager said there are legal limits to that practice. The employee committee is the most effective approach; however, inducements such as prizes and recognition are being: considered. Councilmember Rosene suggested a plan similar to an earlier gimmick of extra vacation time for unused sick leave. The City Manager said those ideas are under consideration. The Director of Public Services cautioned employees must still be encouraged to file accident or injury reports, She cited instances where a seemingly insignificant injury became more serious at a later date. The City Manager anager said the issue of self - insurance will continue to be studied. There is a long timelime between the next budget approval and the next audit report. The Finance Director agreed. Mayor Paulson agreed all the information should be looked at slowly and carefully. The City Manager added the initial years of a self - insurance program are the years of greatest risk. RFP_ OR AUDITOR The Finance Director explained if a Request For Proposals (RFP) in regard to auditing is to be done this year, this is the proper timing to begin the process. He suggested a schedule of one month to write specifications for approval in August, mailing of specifications and receipt of responses by late September, interviewing in October, and selection of an auditor in November. He explained Deloitte & Touche have prepared seven audits for Brooklyn Center. They recently submitted a proposal for a three -year extension of their services. The Finance Director said Staff would be comfortable with the Council's choice to retain Deloitte & Touche or to send out an RFP and hire a different auditor. Councilmember Rosene questioned where Deloitte & Touche's rate of $25,500 falls on the range of services and what the City receives for that amount. He commented the City is in good shape due to the work of the Staff, but added a different firm might bring a new perspective. The City Manger commented the auditor is a check on the Staff and it is not advisable to use the same firm every year since the auditor is familiar with the people and may not look closely enough. Larger auditing firms solve this concern by rotating auditors. Deloitte & 7/18194 _ g _ Touche has rotated auditors but assigned one who is familiar with the City, which saves time in initiating the new auditors. Using the same firm for 20 years would be too long; using the same firm for 7 years is not a maximum amount of time. 0 The Finance Director reviewed the probable responses from issuing an RFP. He said Council could expect a response from two or three national firms and three or four local firms. He compared the advantages and disadvantages of using small or large firms, including the fcc range. The fee of $25,500 is the high end and would come from larger firms. Smaller fees might also indicate less time spent on the audit, less checking, and would probably mean the same auditors, leading to the familiarity concern. The Finance Director added a "big name" from a national firm also may affect the bond rating. The larger firms can afford specialists to answer questions, often at no additional charge. Councilmember Mann asked whether most national firms would be around the $25,400 figure. The Finance Director said it is a bidding situation but there would probably not be a major difference. Councilmember Scott commented nitpicking is better than complacency. In regard to Deloitte & Touche, she said she liked their rotation of auditors, was comfortable with them and doesn't feel they have been used too long, but doesn't mind in an RFP is sent out. The City Manager said three more years with Deloitte & Touche would be acceptable but at that point the association will reach ten years., which is too long. Councilmember Rosene questioned what Councilmember Kalli er had said in regard and to the g issue. The City Manager said she had left no response. The City Manager said direction is needed now if Council wants an RFP sent out. Councilmember Rosene said he is reluctant to go through an RFP. Mayor Paulson said it wouldn't hurt to do an RFP and see what firms are available, and maybe some money could be saved, He also said the process should not be started if the Council has a closed mind on the issue. He said the process might end in the re- selection of Deloitte & Touche but the best reasonable price should be determined, The City Manager noted the ractice of a City send out an RFP on auditors is normal P tY 8 and Deloitte & Touche would not be offended if the Council took this route. Councilmember Scott stated she would not agree with habitually sending out an RFP every two or three years. Mayor Paulson said if the decision is put off now there will be more stress the next time. 7/18/94 -10- Councilmember Mann said she would be comfortable whether or not an RFP is sent out but does prefer a national firm to a local firm. The City Manager stated the Council should keep an open mind if the process is started. The Finance Director agreed and added some local firms are qualified and should not be ruled out quickly, The Finance Director stated one criteria for the specifications should be the firm have a minimum number of other municipal clients, Mayor Paulson asked whether the specifications could include the firm would help in development of program budgets. The City Manager said that was a good idea. Also, the auditor should not hesitate to come forward and criticize when necessary. As a resource, a good auditor is difficult to put a dollar value on. The City Manager asked for direction from the Council. Council directed an RFP be initiated. The Finance Director asked how involved the Council would like to be in the selection process. Mayor Paulson said the Council wants to be more involved than usual. Maybe one or two councilmembers could serve in determining the selection and scope of services. The City Manager said Staff will present a range of choices to the Council. Councilmember Rosene stated he would like the financial commission to be involved in the process. The City Manager agreed. Mayor Paulson asked that a draft of the mission statement be placed on an agenda. The City Manager said a Council work session would probably be the beginning step, 2V-&INMENT There was a motion by Councilmember Mann and seconded by Councilmember Scott to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 9:27 p.m. Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Barb Collman TimeSaver Off Site Secretarial 711$194 0 I1 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 JULY ?_5, 1994 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Todd Paulson at 7 p.m. ROLL CALL Mayor Todd Paulson, Councilmembers Celia Scott, Dave Rosene, Barb Kalligher, and Kristen Mann. Also present were City Manager Gerald Splinter, Director of Public Services Diane Spector, Finance Director Charlie Hansen, City Engineer Mark Maloney, City Attorney Charlie LeFevere, and Council Secretary Barb Collman. OPEMNC;-aRF,MONIES Rev. Johnson offered the invocation. OPEN FORUM Mayor Paulson noted the Council had received no requests to use the open forum session this evening. He inquired if there was anyone present who wished to address the Council. There being none, he continued with the regular agenda items. COUNCIL REPORTS Mayor Paulson read the names of recent winners of $50 certificates in the recycling program Councilmember Rosene presented an idea for the Council, once each year, to pass a resolution honoring individuals who have attained the highest pinnacle of their youth organizations. He explained the effort would help to combat the "bad press" received by youth as well as to place focus on the positive actions of youth. The City Manager stated the suggestion would be included on the next agenda as a discussion item. Mayor Paulson agreed. APPROVAL OF AGE A AND CONSENT AGENDA Mayor Paulson inquired if any Councilmember requested any items be removed from the consent agenda. The City Manager stated item 9c should be changed from the consent agenda to a discussion item. 7/25/94 - 1 There was a motion by Councilmember Rosene and seconded by Councilmember Kalligher to approve the July 25, 1994, agenda and consent agenda as printed. The motion passed unanimously. 0 APPROVAL OF MINUTES JUNE 12, 1994 - R EGUL AR 4F4 There was a motion by Councilmember Rosene and seconded by Councilmember Mligher to approve the minutes of June 27, 1994, regular session as printed. The motion passed unanimously. RESOLUTIONS RESOLUTION NO, 94-145 Member Dave Rosene introduced the following resolution and moved its adoption: EXPRESSING RECOGNITION AND APPRECIATION OF DWIGHT JOHNSON FOR HIS DEDICATED PUBLIC SERVICE ON THE HUMAN RIGHTS AND RESOURCES COMMISSION The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. RESO LLaION NO, 94 -14 Member Dave Rosene introduced the following resolution and moved its adoption. APPROVING PURCHASE AGREEMENT FOR IMPROVEMENT PROJECT NO. 1992- 29 (STORM WATER TREATMENT POND) The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. RE ON NQ 94- 7 Member Dave Rosene introduced the following resolution and moved its adoption: ACCEPTING BID AND AWARDING CONTRACT FOR IMPROVEMENT PROJECT NO. 1993 -19, CENTRAL GARAGE IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. 7!25/94 - 2 - RESOLUTION NO, 94 -148 Member Dave Rosene introduced the following resolution and moved its adoption: AUTHORIZING THE DEVELOPMENT OF A T FOR PROPOSALS REQUES O P Q QSALS FOR PROFESSIONAL SERVICES FOR IMPROVEMENT PROJECT NOS. 1992 -29 STORM WATER TREATMENT POND, 1993 -18 NITC PARK AND RIDE, AND 1994 -13 65TH AVENUE RECONSTRUCTION The motion for the adoption of the foregoing esolution was duly seconded b member Barb g Y Y Kalligher, and the motion passed unanimously. RESOLUTION NO, 94 -149 Member Dave Rosene introduced the following resolution and moved its adoption: PROVIDING FOR HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS, DELINQUENT WEED REMOVAL COSTS, PUBLIC UTILITY HOOKUP CHARGES, PUBLIC UTILITY REPAIR ACCOUNTS, AND DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. RESOLUTION NO 94 -150 Member Dave Rosene introduced the following resolution and moved its adoption: DECLARING COST TO BE ASSESSED AND PROVIDING FOR HEARING ON PROPOSED ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 1994 -01 (J IMPROVEMENTS) AND 1994 -11 (NORTHWEST AREA IMPROVEMENTS) The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. RESOL ION NO 94 -151 Member Dave Rosene introduced the following resolution and moved its adoption: DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES (ORDER NO. DST 07/25/94) The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously, 7/25/94 - 3 - RESOLUTION NO, 94 -152 Member Dave Rosene introduced the following resolution and moved its adoption: ACCEPTING BID AND AUTHORIZING PURCHASE OF A LIQUOR INVENTORY CONTROL SYSTEM The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. LICENSES There was a motion by Councilmember Rosene and seconded by Councilmember Kalligher to approve the following list of licenses: AMUSEMENT DEVICES - OPE Theisen Vending Company 3804 Nicollet Ave. S. AMUSEMENT DEVICES - VENDOR Days Inn 1501 Freeway Blvd. Ground Round Restaurant 2545 County Road 10 Holiday Inn 2200 Freeway Blvd. GARBAGE AND REFUSE COLLECTION Randy's Sanitation, Inc. P.U. Box 169 Waste Management - Blaine 10050 Naples St. NE RENTAL DWELLIN S Renewal: CHDC Ltd. Partnership The ponds Dion Properties, Inc. 5740 Dupont Ave. N. Gary Anakkala 5412 - 12% Fremont Ave. N. Fredric M. Guthrie 5843 Fremont Ave. N. KMS Management, Inc. 3401 - 13 47th Ave. N. Dwaine Nelson, Harriet Steile 620 53rd Ave. N. GER The Sign Installers 6224 Bloomington Ave. The motion passed unanimously. 7/25(94 - 4 _ DISCUSSION ITEMS NORTHEAST TRANSPORTATION CORRIDOR TASK FORCE REPORT REGARDING INTERIM TRAFFIC IMPROVEMENTS FOR HUMBOLDT AVENUE The City Manager stated the Staffs duty was to report back to the Council on this issue. He stated the chairman of the task force, Frank Slawson, would make the report. Mr. Slawson reviewed the six suggestions made by the task force. They were' 1) The two newly installed Stop signs at 70th and 72nd should remain until such time as the roadway is permanently improved. 2) The City should increase enforcement of Stop signs and speed limits. 3) The SMART trailer should be utilized more often to monitor and control speed. 4) The City should consider instituting a Neighborhood Speed Watch group. 5) The City should request Mn/DOT to conduct a study of the impact of an hourly closure or the total elimination of the free right turn from T.H. 252 to Humboldt Avenue. 6) Leave in place the sign prohibiting right turns from 73rd Avenue onto southbound Humboldt Avenue. Councilmember Scott questioned the purpose of a "Speed Watch group," Mr. Slawson said the group, as he understood the idea, would act in a manner similar to a Crime Watch c group. Participants would be trained to observe traffic for speeding, possibly including the use of radar equipment, then would report violations directly to the Police Department. Councilmember Kalligher asked how the system would work in terms of cooperation with the Police Department. The City Manager said the plan would require evaluation. He added such a program has been used in Oregon in conjunction with the SMART trailer, a radar unit connected to a 8' by 5' by 4' display board which displays the speed on approaching traffic. He said volunteers record the license plate numbers of offenders and later the offenders are sent a letter from the Police Department. The City Manager stated the problem with such a program would be assuring the accuracy of the license plate numbers. He recommended the matter be turned over to the traffic advisdry committee for a report. CounciImember Kalligher noted information is also needed on the neighborhood watch group. 7/25/94 I` Councilmembcr Rosene commented the task force is still in the early stages of its work but the effort so far is appreciated. He also mentioned he had heard the group does not always work well together and felt it was necessary to remind members of the task force they are 0 on the committee by mayoral appointment and the appointment can be reversed if necessary. Councilmember Kalligher asked whether representatives of Mn/DOT have been present at task force meetings. Mr. Slawson said they have been present. Councilmember Kalligher inquired whether Mn/DOT representatives have been receptive to suggestion five (a study by Mn/DOT). Mr. Slawson said the representatives from Mn/DOT have been receptive to most of the committee's ideas but suggestion five in particular, is more of a Brooklyn Park situation due to the risk of losing State Aid. He said there has been discussion on the issue, there has been knowledgeable representation from Brooklyn Park, and Mn/DOT has been helpful. There appears to have been a reduction of traffic roble p ms and time will tell if it continues. The City Manager asked Mr. Slawson whether it would be appropriate for the Council to ask Staff to contact Brooklyn Park concerning joint cost and evaluation. Mr. Slawson agreed J it should be a j oint request. Q Mayor Paulson said that approach would have the most impact in addressing the problem. He asked Staff to work with Brooklyn Park In terms of suggestion five. There was a motion by Councilmember Scott to accept the six suggestions of the task force regarding Humboldt Avenue improvements and to direct Staff to work with Brooklyn Park in obtaining service from Mn/DOT. y Councilmember Rosene asked whether the motion included the consideration of a Neighborhood Speed Watch group, Councilmember Scott said it did since the Speed Watch group is suggested in number four. p Councilmembcr Kalligher seconded the motion. Mayor Paulson thanked Mr. Slawson and the task force, commending them on a job well done. Mr. Slawson noted the work is not yet completed The motion passed unanimously. STAFF RFpQR7�R GARDINC PROP SED 1995 NEIGHB�?RHC}OD STREET I PROJECTS NT O.IE S The City Manager presented a Resolution Authorizing the Development of Feasibility Reports for Proposed 1995 Neighborhood Street Improvement Projects. 7/25/94 _ 6 _ The Director of Public Services explained an authorization from Council is needed to begin the process, which includes obtaining feasibility reports and involvement of the residents of the neighborhoods. Most upcoming projects are associated with storm drainage concerns. The Director of Public Services described the four projects for 1995 in general, and mentioned two are established projects which are being carried over from 1994. The two new projects which the resolution would establish are the Woodbine neighborhood and 57th Avenue from Logan to Camden. In regard to the Woodbine neighborhood, the Director of Public Services stated preliminary indications show the project is supported by the residents. The area of 57th Avenue has unique needs regarding storm drainage analysis and would best be handled by an experienced consultant. A Request For Proposals (RFP) is requested to obtain Phase II level analysis and design of improvements. Councilmember Mann asked whether neighborhood meetings will involve discussion of the 30 percent assessment. The Director of Public Services said residents will be told the existing policy is currently under review and could change. She added 30 percent is , an average assessment. Councilmember Mann asked whether continuation of a 30 ercent assessment p over the 20- year period would be sufficient. The Director of Public Services said it would depend on the level of comfort the Council has with levying bonds or raising utility rates to make up the difference. Councilmember Mann asked if there would be continual levies over the 20 years. It was confirmed there would be. Councilmember Rosene asked whether there would be bonding every year, The Director of Public Services said there would. Councilmember Roscne commented that would result in considerable debt. The City Manager agreed, but added it is normal for cities to carry that kind of debt. He said Staff would suggest there be a review of the program after the preliminary work but before the neighborhood meetings. Councilmember Rosene commented it has been e shown it is essential for . involved m a 20 -year program but he is not ha the City to be City Manager again said that amount is not overwhelming for o city of million Center's size and fiscal capacity. H e said it will be a cost but it is not overloading and the fiscal agents are comfortable with it. 7125194 < 7 - Councilmember Rosene said after 20 years the roads will be in great shape, so what is being done is making up and it is best to "bite the bullet" to get it done. 0 Councilmember Mann questioned whether, during the storm water management approval process, there wasn't an understanding there would not be a review again soon. The City Manager said this review falls under the Capitol Improvements Program. Indications now are to maybe move back to special assessments so it will be presented. Staff could suggest an assessment hearing and a project hearing at the same time. He added this is more work at the beginning but time is saved at the end. Councilmember Rosene questioned the wording of item 6 under the resolution, saying "shall be mod'if'ied" should be "mU be modified." The City Attorney said the language is a requirement of the Federal Treasury Regulations on tax - exempt bonds. He said it allows minor technical defects to be handled without Council involvement. Councilmember Rosene stated it would then mean the City Manager would be making modifications without consulting he Council. The City agreed, $ tY a e Y Sr Councilmember Scott asked whether Hennepin County had been notified of plans involving 57th Avenue. The Director of Public Services said Hennepin County approval will be needed and contact has been made. Councilmember Scott questioned whether Hennepin County knows the 3 ro'ect is scheduled for 1995. The City Manager said it does. p Mayor Paulson asked what the design options are for 57th Avenue. The Director of Public Services said there is an opportunity to change the look of the area by reducing the amount Of pavement. However, any change is contingent upon the storm drainage issue. Parking and narrowing will be evaluated once storm drainage is assessed but it is early to even discuss the issue. Mayor Paulson questioned whether a third lane, for buses, is a consideration, The Director of Public Services said there might not be enough room for such an option, Mayor Paulson said he would like it to be studied in order to facilitate a transit hub. The City Manager said it will be considered. He added an id for or a ' bike path under e the line po wer me was discussed but it would depend on the storm sewer. The county road ends at Humboldt and traffic numbers lower at that point so maybe two different designs can be discussed. He said all these options could be added to the RFP. Mayor Paulson suggested contacting the transit authorities. The City Manager said Staff is meeting with Park and Ride officials. 7/25194 8 Councilmember Mann said she agrees the infrastructure of the roads needs work. However, the assessment used to be 100 percent and is now 30 percent because total reconstruction is not being done. She said the two resolutions are not realistic in terms of the funding available from assessments. The Director of Public Services said it will be six to eig weeks before neighborhood meetings are held. In the time before then Staff will return Council with ideas. Councilmember Rosene said his philosophy is to keep assessments low (30 percent may be too high) and all residents receive benefit. He said with levies there will be cost year after year, but it is better for a homeowner to a a small am to p ay oun t earl t ha n H invest Y Y to pay a large amount, commented to it i • s fine to option but ointed put Cher P e are opposite Op on this issue among Councilmembers, Councilmember Mann asked Councilmember Rosene if he believes residents should have to keep paying year after year. Councilmember Rosene reviewed that, on the 20 -year plan, every street property will be assessed eventually and it is a question of whether the funding will come from an assessment which is a l arge ar ge amount of money in a short amount of time or from me a levy, which is small amounts of money over a long period of time. He said the ' number of dollars is the same either way, Mayor Paulson asked whether it has been stated the average assessment is about $1,700, The Director of Public Services said the average amount for an average house on an average street is $1,550. Mayor Paulson noted a 100 percent assessment would result in an amount of three times the $1,550. The Director of Public Services noted some cities do assess at 100 percent. The City Manager commented Brooklyn Park uses a 100 percent assessment. He added a problem comes with demonstrating full value with streets which are only being maintained, Y g e . A 100 percent assessment "developing" t is usual.! used in Y comm tie being built. Again, the test of added value must be et, which is a od approach is recommended. The City Attorney stated ad valorem taxes are collected on the basis of property value. Special assessment taxes must be based on the front footage or some other formula as opposed to property value, Ad valorem taxes are an advantage because the are on the federal level. SlsPCial ac.gP�grpent taxes 1 e Y deductible commercial properties pay for their own improvements but don't help z h w residential improvements.- Use of ad valorem taxes spreads the charge out between commercial and residential properties. Therefore, there are advantages and disadvantages to each type of taxing depending on location. There is no correct answer to the issue, Mayor Paulson questioned whether benefit must be shown if the assessment is appealed. The City Attorney said ad velorum taxes require no just'if'ication but special assessments are 7/3194 - 9 - unconstitutional unless it can be shown there is a benefit of an increase to "fair market value." Benefit is easy to demonstrate when a new street is built, but not when an e:dsting street is rebuilt. 0 Councilmember Scott noted the issue is complicated and should be put on a work session agenda- She then reviewed a consultant's comments last year concerning special assessments. She noted special assessments can be paid off at any time but bonds go on and on. The City Manager said Council could pass the resolutions but direct Staff to not meet with residents until a later date. Mayor Paulson endorsed the City Manager's suggestion. RESOI,VTIQN NO 94 -153 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE DEVELOPMENT OF FEASIBILITY REPORTS FOR PROPOSED 1995 NEIGHBORHOOD STREET IMPROVEMENT PROJECTS The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene. Roll call vote: Councilmember Kalligher, aye; Councilmember Rosene, aye; Mayor Paulson, aye; Councilmember Scott, aye; Councilmember Mann, nay. The motion carried. The City Manager presented a Resolution Authorizing the Development of an FP Professional Services for Improvement Project Nos. 1994 -03 and 1994-04, Street and Util ty Improvements, 57th Avenue North, Logan to Camden Avenue. RESOLUTION NQ 94 -154 Member pave Rosene introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE DEVELOPMENT OF AN RFP FOR PROFESSIONAL SERVICES FOR IMPROVEMENT PROJECT NOS. 1994-03 AND 1994 -04, STREETAND UTILITY IMPROVEMENTS, 57TH AVENUENORTH, LOGAN TO CAMDEN AVENUE The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott. Roll call vote: Councilmember Kailigher, aye; Councilmember Rosene, aye; Mayor Paulson, aye; Councilmember Scott, aye; Councilmember Mann, nay. The motion carried, There was a motion by Councilmember Scott and seconded b Councilmember Kalligher the Proposed 1995 Neighborhood Street Improvement Projects issue be placed on the next possible work session agenda and no meetings with residents be held prior to that time. The motion passed unanimously, 7125!94 AWARDING THE SALE OF GENERAL OBLIGATION BONDS FOR STREET AND STORM SEWER IMPROVEMEINTS The City Manager presented a Resolution Awarding the Sale of $1,830,000 General Obligation Storm Sewer Revenue Bonds, Series 1994A; Fixing Their Form and Specifications; Directing Their Execution and Delivery; and Providing for Their Payment. The City Manager called on the Finance Director to report on this item. The Finance Director said bids were opened the afternoon of July 25, 1994. The rates were favorable, with lower interest rates than expected. He added the City had retained its Moody's rating of A -1. Bob Thistle, Springsted Incorporated, aged the Moody's rating affects the interest rate offered. Mr. Thistle explained, in regard to the first resolution, there were 11 bids received, coming from 25 investment firms. He said he recommended the low bid of 5.2809 percent from Smith, Barney firm from Chicago, Illinois. RESOLUTION NO 94 -155 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AWARDING THE SALE OF $1,830,000 GENERAL OBLIGATION STORM SEWER REVENUE BONDS, SERIES 1994A; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT The . motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher and the motion passed unanimously. The City Manager presented a Resolution Awarding the Sale of $835,000 General Obligation Improvement Bonds, aeries 19948; Fixing Their Form and Specifications; Directing Their Execution and Delivery; and Providing for Their Payment. Mr. Thistle stated this was a smaller issue than the other and only five bids were received. The low bid was by Northwest Investment Services and FBS Investments (a local firm) and was for 5.3398 percent. RESOL trI'ION NO 94 -156 Member Dave Rosene introduced - the following resolution and moved its adoption; RESOLUTION AWARDING THE SALE OF $835,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1994B; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. 7/25/94 IMPROVEMENT PROTECT NQ. 1994-31 PLAYGROUND EQUIPMENT REP T ACEMEIVT AT WILLOW LANE PARK The City Manager explained this item was removed from the consent agenda due to an o unexpected development. The Director of Public Services explained Staff had been informed the school district staff had been unable to present the agreement to the school board. She recommended the bid by Earl F. Anderson be accepted and execution of the contract be approved contingent on the pending approval of the school board. RESOLUTION NO 94 -157 Member Barb Kalligher introduced the following resolution and moved its adoption: ACCEPTING BID AND AWARDING CONTRACT FOR IMPROVEMENT PROJECT NO. 1994 -31, PLAYGROUND EQUIPMENT REPLACEMENT AT WILLOW LANE PARK The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott,, and the motion passed unanimously. ADJOURNMENT' There was a motion by Councilmember Scott and seconded by Councilmember Rosene to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 8:05 p.m. 0 Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Barb Collman Timesaver Off Site Secretarial 7/25/94 Council Meeting Date _ August 8. 1994 31 City of Brooklyn Center Agenda Item Number O Q -� Description: Item Descri P Request For Council Consideration • Appointment of Election Judges for September 13, 1994, Primary Election and November 8, 1994, General Election Department Approval: Sharon Knutson, Deputy City Clerk Manager's Review/Recommendation: � Ig dz � No comments to supplement this report Comments below /attached Recommended City Council Action: Appoint the attached list of persons to serve as election judges for the 1994 fall elections. Summary Explanation: (supporting documentation attached This fall elections will be conducted on September 13, 1994 (Primary), and November 8, 1994 (General). All eight precincts will be open for voting and election judges are needed for this process. • Precinct 1 Precinct 6 D -Joanne Goddard, Chair R- Catherine Wetzel, Chair R- Mildred Egnell D -Doris Chapman R -Grace Freund R- Arlene Gillquist D -Joyce Lindquist D- Richard Mero D- Dorothy Nyberg R -Mary Ellen Roberts D -Donna Wiggins D -Beth Rygh R -Boyd Will D -E. Margaret Trautwein R -Pat Hotchkiss R -Lora Jefferson D -Doris Boyum Precinct 2 D -Bill Siems, Chair Precinct 7 R- Kathleen Ditter D -Mona Hintzman, Chair R -John Freund D -Carol Benkofske D -Donna Jennrich D -Marion Gagnon R -Mary Thiebault D -Joyce Gebhardt D- McKevha Thomas D -Helen Julkowski R- Dorothy Wade R -Warren Lindquist D -Frank Slovak R- Imelda Mayleben D- Clarence Beadles R -Angie Olson R- Shirley Moore Precinct 3 R -Ann Bystrom, Chair Precinct 8 R- Gladys Clasemann R -Wendy Erklouts, Chair - Primary D -Earl Larsen D -Anne Bergquist R- Arlene Olson D- Eileen Hannan D -Arnold Peters R- Doloris McGeorge D- Christine Polis D -Ethel Pettman R -Jim Roberts D -Ralph Saline R- William Zieska Precinct 4 R -Trudi Ann Gores, Chair - General R -Don Gillquist, Chair R -Eva Tobias D- Raymond Hokenson R- Virginia Johnson Absentee Judges D -Joyce Nelson R -Ruth Johnson R -Joann Reavely D- Elizabeth Olson D- Marjorie Silver R- Barbara Sexton D- Luella Torrence D- Margit Sovde, Primary D -Judy Keranen, General Precinct 5 D- Lorraine Halter, Co -Chair D- Beverly Hovde, Co -Chair D -Kay Brosseau R -Lois Froebel R -Jim Skare D -Gloria Voeltz R- Violet Zumwinkle Council Meeting Date August 8, 1994 City of Brooklyn Center Agenda Item Numbe Request For Council Consideration Item Description: Discussion Item: NLC Action Alert On Anti -Crime, Anti - Mandate, And Senate Telecommunications Legislation Department Approval: Nandi ohman, sistant City Manager Manager's Review /Recommendation: -&---4e No comments to supplement this report Comments below /attached Recommended City Council Action: Informational /Discussion Item Summary Explanation: (supporting documentation attached Yes • Y P PP g ) The city manager's office received an action alert regarding anti -crime, anti - mandate, and senate telecommunications legislation this past week. Attached is information from NLC for your information. National 1301 Pennsylvania Avenue N.W. Officers League Washington, D.C. President Of 20004 Sharpe James Cities (202) 626 3000 Mayor, Newark, New Jersey . First Vice President Fax: (202) 626 -3043 Carolyn Long Banks Councilwoman -at- Large, Atlanta, Georgia July 21, 1994 Second Vice President Hai Conklin Mayor, Santa Barbara, California Immediate Past President Glenda E. Hood Mayor, Orlando, Florida Executive Director Donald J. Borut MEMORANDUM To: City Clerks of Direct Member Citie From: Donald J. Borut, Executive Direc o Subject: Action Alert on anti- crime, anti mandate, and Senate telecommunications legislation Attached are a letter to Local Elected Leaders and an Action Alert for their immediate attention on three urgent issues. Please ensure that your mayor and members of the city council receive this information so that they may act quickly on these priorities. If you have any questions, please contact Frank Shafroth on (202) 626 -3020. Attachments Past Presidents: Sidney Barthelemy, Mayor. New Orleans, Louisiana • Ferd Harrison, Mayor, Scotland Neck, North Carolina • Cathy Reynolds, Councilwoman -at- Large, Denver, Colorado Directors: Lucy T. Allen, Mayor, Louisburg, North Carolina • Ann Azari, Mayor, Fort Collins, Colorado • Lock Beachum, Sr., Councilman. Youngstown, Ohio • Don Benninghoven, Executive Director, League of California Cities • Jimmy Burke, Mayor, Deer Park, Texas • Anthony Capizzi, City Commissioner, Dayton, Ohio • Carl Classen, Executive Director, Wyoming Association of , Municipalities • E. W. Cromartie, 11, Councilman, Columbia, South Carolina • Charles A. Devaney, Mayor. Augusta. Georgia • John Divine, Commissioner, Salina. Kansas • William Evers, Mayor. Bradenton, Florida • Martin Gipson, Alderman. North Little Rack. Arkansas - Robert R. Jefferson, Councilmember, Lexington. Kentucky • Steven E. Jeffrey, Executive Director. Vermont League of Cities and Towns - Walter F. Kelly, Town Council President, Fishers. Indiana • Abbe Land, Mayor Pro Tem, West Hollywood. California • Gregory Lashutka, Mayor. Columbus. Ohio • Sheila Jackson Lee, Councilmember -at- Large, Houston, Texas • Ilene Lieberman, Mayor, Lauderhill, Florida • Sylvia L. Lovely, Executive Director. Kentucky League of Cities • Millie MacLeod, Council Member, Moorhead. Minnesota • Maryann Mahaffey, City Council President, Detroit. Michigan • Thomas M. Memno, Mayor. Boston. Massachusetts Thomas F. Morales, Jr., Vice Mayor. Avondale. Arizona • J. Ed Morgan, Mayor. Hattiesburg, Mississippi • Kathryn Neck, Vice Mayor, Pasadena. California • James P. Nix, Mayor, Fairhope. Alabama • Mary Pinkett, Council Member, New York, New York • Sharon Priest, City Director, Little Rock, Arkansas - Carolyn Ratto, Council Member, Turlock. California • Bill Revell, Mayor. Dyersburg, Tennessee • L. Lynn Rex, Executive Director. League of Nebraska Municipalities • Alicia M. Sanchez, Councilmember, Port Huron, Michigan • Raymond C. Sittig, Executive Director, Florida League of Cities • Woodrow Stanley, Mayor, Flint. Michigan • Frank Sturzl, Executive Director, Texas Municipal League • Dan Thompson, Executive Director, League of Wisconsin Municipalities • Max W. Weiss, Councilmember, Dallas. Texas • Jim W. White, Councilmember, Kent, Washington • Jack B. Williams, Mayor, Franklin Park, Illinois Recycled Paper il�l National 1301 Pennsylvania Avenue N.W. Officers e e l League Washington, D.C. President of 20004 Sharpe James Cities (202) 626 -3000 Mayor, Newark. New Jersey First Vi ce Pr esiden t S Fax: ( 202 ) 626 -3043 Carolyn Long Banks Councilwoman -at- Large, Atlanta, Georgia Second Vice President July Jul 21 1994 Hal Conklin Mayor, Santa Barbara, California Immediate Past President Glenda E. Hood Mayor. Orlando, Florida Dear Local Elected Leader: Executive Director Donald J. Borut I am writing on behalf of your Board of Directors to report on NLC's 1994 Action Agenda and to ask for your immediate help in contacting your Congressional delegation on three urgent issues: anti -crime legislation, anti - mandates legislation, and Senate telecommunications legislation. We have made great progress on the first two priorities; we have not on the third. Now we need a concerted effort to achieve success and make a difference. Both the House and Senate have passed comprehensive anti -crime legislation, but the bills are bogged down in a House - Senate conference. The Senate is prepared to take up the NLC- supported Kemp thorne- Glenn mandate relief bill, and the House is ready to begin action-- - action we did not dream possible only months ago. But the effort needs a push. The Senate is ready to take up consideration of telecommunications legislation with a role for cities, but our place is in jeopardy. So we must work closely together to ensure we can finish the job. Congress faces many, many other issues, but it has less than 35 legislative days left before it adjourns. I am asking you to join me in a campaign to push for positive action on all three priorities before Congress leaves for its summer recess on August 12. Please use the attached Action Alert to make this campaign effective. Our efforts on our Action Agenda for 1994 have been effective, thanks to your support, so far this year. But the final push requires us to focus and redouble our efforts to make a difference. I am asking for your immediate action to ensure progress and victories to help our cities and towns. It's up to us to act decisively. Thank you for all you have done so far this year. Please let us know if we can count on your delegation on these three issues. Since ly, Sharpe J es President Mayor of Newark Enclosure Past Presidents: Sidney Barthelemy, Mayor, New Orleans, Louisiana • Ferd Harrison, Mayor. Scotland Neck. North Carolina • Cathy Reynolds, Councilwoman -at- Large, Denver, Colorado Directors: Lucy T. Allen, Mayor. Louisburg, North Carolina • Ann Azari, Mayor, Fort Collins, Colorado - Lock Beachum, Sr., Councilman, Youngstown. Ohio • Don Benninghoven, Executive Director, League of California Cities • Jimmy Burke, Mayor, Deer Park. Texas • Anthony Capizzi, City Commissioner. Dayton. Ohio • Carl Classen. Executive Director. Wyoming Association of Municipalities • E. W. Cromartie, II, Councilman, Columbia, South Carolina • Charles A. Devaney, Mayor. Augusta, Georgia • John Divine, Commissioner. Salina. Kansas , William Evers, Mayor. Bradenton, Florida • Martin Gipson, Alderman, North Little Rock. Arkansas • Robert R. Jefferson, Councilmember. Lexirgton. Kentucky • Steven E. Jeffrey, Executive Director, Vermont League of Cities and Towns - Walter F. Kelly, Town Council President. Fishers. Indiana • Abbe Land, Mayor Pro Tem. West Hollywood. California • Gregory Lashutka, Mayor. Columbus. Ohio • Sheila Jackson Lee, Councilmemberat- Large, Houston, Texas • Ilene Lieberman, Mayor. Lauderhill, Florida • Sylvia L. Lovely, Executive Director. Kentucky League of Cities • Millie MacLeod, Council Member, Moorhead. Minnesota • Maryann Mahaffey, City Council President. Detroit. Michigan • Thomas M. Men no, Mayor, Boston, Massachusetts Thomas F. Morales, Jr., Vice Mayor, Avondale, Arizona • J. Ed Morgan, Mayor, Hattiesburg. Mississippi • Kathryn Neck, Vice Mayor, Pasadena. California • James P. Nix, Mayor. Fairhope, Alabama • Mary Pinkett, Council Member. New York. New York • Sharon Priest, City Director. Little Rock, Arkansas • Carolyn Ratto. Council Member. Turlock. California • Bill Revell, Mayor, Dyersburg, Tennessee • L. Lynn Rex, Executive Director, League of Nebraska Municipalities - Alicia M. Sanchez, Councilmember. Port Huron. Michigan • Raymond C. Sittig, Executive Director, Florida League of Cities • Woodrow Stanley, Mayor, Flint. Michigan • Frank Sturzl, Executive Director. Texas Municipal League - Dan Thompson, Executive Director. League of Wisconsin Municipalities • Max W. Wells, Councilmember, Dallas, Texas • Jim W. White, Councilmember, Kent. Washington • Jack B. Williams, Mayor, Franklin Park, Illinois Recycled Paper KC Leadership ?w ommoommmmoni Anti -Crime Le islation July 21, 1994 Background Both the House and Senate have passed bills (HR 3355) that would provide funding for hiring up to 100,000 cops on the beat. The House bill includes a Local Partnership provision to provide direct block grant anti -crime assistance to municipalities. The House and Senate are now in a conference, attempting to work out the differences between their respective versions. That conference is stalled. We must challenge our Representatives and Senators to take a stand, push Conferees to reach closure, and send to the White House meaningful, yet balanced legislation immediately. Please call your delegation members directly. Your help is critical. 5' Action .W Urge your delegation to support flexibility in the use of the "Cops on the Beat" funds to cover overtime, equipment, training, and other costs associated with hiring and rehiring additional law enforcement personnel. K�l Support direct, federal assistance for local health -, education -, and job - related prevention programs through the House - passed Local Partnership Act (LPA), 9W Support the ban on nine specific assault weapons, and provisions to ensure applicants for a federal firearms dealer license are in compliance with state and local laws. 5° Support Age Discrimination in Employment Act (ADEA) provisions to provide cities and towns the flexibility to consider age in hiring and retirement policies with respect to public safety personnel. Unfunded Federal Mandates Background After years of work alerting Congress, the press, and the general public to the effects of unfunded federal mandates, the most critical time for lobbying efforts on this issue is now. It is crucial for you and your colleagues to contact your delegation to urge enactment of the Federal Mandate Accountability and Reform Act A0 (S.9931H.R.4771) in this session of Congress. The bill, sponsored by Sen. John Glenn (O -OH) and Sen, Oirk I<empthorne (R -10), is ready for floor action in the Senate. H.R.4771, the House companion bill, has been introduced in the House by House Government Operations Committee Chairman John Conyers (D -MI), Chairman Edolphus Towns (D -NY), Rep. Thomas Barrett (D -WI), Rep. Donald Payne (D -NJ), and Rep. James Moran (D -VA). Nationa.t League of Cities 1 301 Pennsylvania Ave., N.W. Washington, D.C. 20004 Tel: (202) 626 -3000 Fax: (202) 626 -3043 5w Action The most effective action you can take is to: V31 Get your delegation members to co- sponsor these bills and commit to press for Congressional action. VN' Relay information to your Congressional delegation on how unfunded mandates undercut your local government resources and rearrange local priorities. gal Communicate that bipartisan support of these bills is essential to getting the bill to the White House before this session adjourns. Any amendments that are partisan in nature will not be supported by NLC or any of the other state and local government representative organizations. Telecommunications Background Congress is now seriously considering legislation to construct a new telecommunications infrastructure - -the so- called information superhighway. This infrastructure is the foundation which will enable the private sector to begin building the information superhighway, which has been described as a vast electronic network capable of delivering information, services, and entertainment to virtually everyone in your community. The House has already passed and sent to the Senate HR 3636, the National Communications Competition and Information Infrastructure Act of 1994. NLC opposes the House version, because it: • does not require telephone companies that enter into cable programming to get a franchise agreement. • preempts local tax authority. • narrows cable franchising authority. In the Senate, NLC supports S. 1822, the Communications Act of 1994, sponsored by Sen. Ernest F. Hollings (0 -SC), Chairman of the Senate Commerce, Science, and Transportation Committee, and Ranking Republican Sen. John C. Danforth (R -MO). But, under enormous pressure from regional phone companies, the Senate Commerce, Science and Transportation Committee is drafting a new version of S. 1822. gw Action It is very important to contact your Senate delegation and express the following three points: 5W Any new version of S. 1822 must allow local governments to negotiate franchise agreements with telephone companies that provide video /cable services and programming. gal Any new version of S. 1822 also must not preempt local tax authority. Please ask your Senate delegation to keep in touch with you and with NLC staff as the bill moves through the process, so that NLC can offer help to rally local government support for S. 1822. Council Meeting Date August 8, 1994 City of Brooklyn Center Agenda Item Numbe Request For Council Consideration r � Item to Description: Pilot Project Discussion Request From Councilmember Rosene For Public Call -In Line Department Approval: Nancy G hman, As stant City Manager Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Summary Explanation: (supporting documentation attached ) Councilmember Rosene called and asked that the following be placed on the August 8, 1994, regular city council meeting for discussion. As I understand it, his request is as follows: Council to discuss setting up two pilot - project dates using the council meetings in October or November and setting up phone lines in an adjacent conference room with staffing to answer incoming phone calls during the council meetings. Staff would then record these requests or comments and forward them to the mayor during the regular city council meeting; the mayor could then read the comments and give time for a response. Councilmember Rosene stated he would not be present at the August 8 council meeting but asked to have this item on the agenda for discussion purposes only at this point. Council Meeting Date 818/944 31 City of Brooklyn Center Agenda Item Number 9 C , Reque For C Co nsider a tion 40 Item Description: Resolution Ordering the Abatement of Public Nuisances, Safety and Health Hazards and Building and Maintenance and Other Ordinance Violations with Respect to that Real Estate Located at 4746 Lakeview Avenue North, Legally Described as the West 15 feet of the East 1/2 of Lots 7 and 8; West 1/2 of Lots 7 and 8, Block 2 "Lakebreeze Addition" in the City of Brooklyn Center, Hennepin County, Minnesota Department A rov 15ze Ay wj G. lyd Hoffman, Community Development Director Manager's Review /Recommendation: . , No comments to supplement this report Comments below /attached Recommended City Council Action: Pass a Resolution Ordering the Abatement of Public Nuisances, Safety and Health Hazards and Building and Maintenance and Other Ordinance Violations with Respect to that Real Estate Located at 4746 Lakeview Avenue North, Legally Described as the West 15 feet of the East 1/2 of Lots 7 and 8; West 1/2 of Lots 7 and 8, Block 2 "Lakebreeze Addition" in the City of Brooklyn Center, Hennepin County, Minnesota. Summary Explanation: (supporting documentation attached Yes ) Please refer to letters from City Prosecutor William G. Clelland, Carson and Clelland, dated May 23, 1994, and July 29, 1994. GARSON AND GLELLAN'D ATTOBNEYS AT LAW 6300 SHINGLE CREEK PARKWAY, SUITE 305 JEFFREY A. CARSON MINNEAPOLIS, MINNESOTA S5430-2190 TELEPHONE WILLIAM G. CLELLAND (612) 561.2800 STEVEN C. HEY FAX ELLEN M. SCHREDER (612) 561 -1943 23 May 1994 Mr. Gerald G. Splinter, City Manager CITY OF BROOKLYN CENTER 6301 Shingle Creek Parkway Brooklyn Center, nter, MN 55430 Mr. Brad Hoffman CITY OF BROOKLYN CENTER 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 RE: Brooklyn Center v. Leonard Martin Dear Gerry and Brad: j I enclose a draft of the resolution by which the nuisances and building code violations at the property of Leonard Martin, 4746 Lakeview Avenue North, will be abated by resolution of the City Council. Mr. Martin is elderly and is non - responsive to all efforts to induce or compel him to rectify these deficiencies. He has appeared in Court on a number of occasions in response to the criminal proceedings we have brought against him and although he promises to bring the property into compliance, he simply thereafter fails to take any action. I don't believe that the noncompliance is malicious or defiant but more stems from his personal inability to simply get things done. Under Chapter 12 -1206, since there has been a failure to comply with the Compliance Order, the City Council may cause the deficiencies to be remedied without further notice to the owner or occupant. Proceedings under Chapter 19 provide that the Council may order the owner or occupant to abate the nuisances and if no abatement takes place, may cause the nuisance to be abated thereafter. It is my opinion that the City may proceed under Chapter 12 with action to abate the nuisance without giving further notice to Martin. He has been served with a number of Compliance Orders so he is clearly aware that deficiencies exist and are required to be corrected and I do not think any further notices from the City to him will cause him to finally act. The violations under Chapter 19 are also violations under Chapter 12, so I believe that once the City Council approves the resolution, the City staff can cause the junk vehicles and other refuse to be hauled from the premises. Mr. Gerald G. Splinter and Mr. Brad Hoffman 23 May 1994 Page 2 I have directed Clay Larson and Dave Fisher to keep track of their time so that all costs of this abatement including administrative time, attorneys' fees and the like can be assessed. Please review the resolution and let me know if you think any changes are necessary. Sincerely, CARSON AND CLELLAND William land WGC:ajb Enclosures cc: Mr. Charles LeFevere GAIRSON AND GLELLAND ATTO$NEYS AT LAW 6300 SHINGLE CREEK PARKWAY, SUITE 305 JEFFREY A. CARSON MINNEAPOLIS, MINNESOTA S5430 TELEPHONE WILLIAM G. CLELLAND (612) 561 -2800 STEVEN C. HEY FAX ELLEN M. SCHREDER (612) 561 -1943 29 July 1994 j Mr. Gerald G. Splinter, City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Re: State of Minnesota, City of Brooklyn Center vs. Leonard Martin Dear Jerry: I enclose a copy of the Abatement Notice and proposed Resolution with attachments which has been served upon Leonard Martin and Theresa and Leroy Hasbrouck and which may be presented for hearing on 8 August 1994. I don't expect these parties to contest this matter but if they do, you may wish to have Dave Fisher on call so that he can explain his findings to the Council in the event of a contested hearing. His reports are attached to the Resolution and I feel they are quite clear but it probably wouldn't hurt to have Dave available. I have discussed this matter at some length with Charlie LeFevere so he is aware of the circumstances underlying the Resolution. Sincerely, CARSON AND CLELLAND 1 William ' land Brookly enter Prosecutor WGC:snt Enclosures ABATEMENT PROCEEDING TO: LEONARD MARTIN, 4746 LAKEVIEW AVENUE NORTH, BROOKLYN CENTER, MINNESOTA 55429; AND THERESA LEE HASBROUCK AND LEROY A. HASBROUCK, JR., 3808 - 24TH STREET NE, WASHINGTON, D.C. 20018. Enclosed herewith and served upon you please find a proposed Resolution which shall be presented to the City Council for consideration and adoption at the Council's regularly scheduled meeting at 7:00 P.M., Monday 8 August 1994 at the Brooklyn Center City Hall, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota. The object of this hearing is to discuss the conditions existing at 4746 Lakeview Avenue North, Brooklyn Center, Minnesota and to determine if they constitute public nuisance and public safety and health hazards and are otherwise in violation of the Statutes of the State of Minnesota and the Ordinances of the City of Brooklyn Center. The owners and occupant upon whom this Notice is served have the right to appear and present testimony and evidence if they wish and to further be represented by legal counsel at their own expense, if they wish. If the Resolution is adopted, you are hereby further notified that the City Council will cause action to be taken, as described in said Resolution specifically including removal of all auto parts, oil pans, garbage, wood piles, brush, appliances, tires and other debris, removal of junk and /or disused motor vehicles and the filling in of all holes in the yard and other acts reasonably incident thereto. The disposal of the refuse, automobiles and other items described herein shall take place without compensation to the owners and occupant and also such costs associated with the removal and abatement of this nuisance including administrative time, attorneys' fees, costs, disbursements and contractor fees as well as other costs shall be charged to the owners and occupant and if those charges are not paid, they will be levied as a special assessment which will be a lien on said real property and will be collected with and in the same manner as the real property taxes. CITY OF BROOKLYN CENTER DEPARTMENT OF PLANNING AND INSPECTION (612) 569 -3344 FAX (612) 569 -3494 BUILDING MAINTENANCE COMPLIANCE ORDER DATE: September 20, 1993 COMPLIANCE DATE: October 5, 1993 TO: Leonard Martin 4746 Lakeview Avenue North Brooklyn Center, MN 55429 cc: Housing File cc: Police Department LOCATION: 4746 Lakeview Avenue North First Notice COMPLIANCE OFFICIAL: David Fisher The following violations of the Building Maintenance and Occupancy Ordinance were cited during a recent inspection of the above premises. You are hereby informed that these violations must be corrected on or before the COMPLIANCE DATE indicated. Failure to correct violations or to make satisfactory arrangements to correct violations acceptable to the compliance official, may result in suspension or revocation of your rental dwelling license if applicable. In addition, failure to comply may result in the P y y issuance of a citation which, upon conviction, is punishable by fine and /or imprisonment. Section 12 -1202 of the Ordinance provides for Right of Appeal, when it is alleged that a Compliance Order is based upon erroneous interpretation of the Ordinance. The Appeal must be submitted to the Inspection Department, in writing, specifying the grounds for Appeal, within five (5) business days after service of the order, and must be accompanied by a filing fee of $15.00 in cash or cashier's check. If you have any questions or comments, please contact me at 569 -3344, Monday through Friday, between 8:00 a.m. and 4:30 p.m. DESCRIPTION OF VIOLATIONS AND ORDINANCE SECTION I. Remove all the auto parts in yard or store them within a building. 2. Remove oil pans by driveway and any soil that has been contaminated by the oil. 3. Remove bags of garbage, wood piles, brush, appliances, tires and debris. 4. Remove vehicle being used for sheds or remove storage. 5. Section (1 -108) Keeping of Dogs is Limited- No family or family members shall keep, harbor or have custody of more than two dogs exceeding six months of age in the family dwelling or on the family premises without obtaining a private kennel license. Make the necessary correction to be in compliance with Section (1 -108). 6. Section (12 -711) Fill all holes in yard with dirt and seed or sod as needed. CITY OF BROOKLYN CENTER DEPARTMENT OF PLANNING AND INSPECTION (612) 569 -3344 FAX (612) 569 -3494 BUILDING MAINTENANCE COMPLIANCE ORDER DATE: October 6, 1993 COMPLIANCE DATE: October 22, 1993 TO: Leonard Martin 4746 Lakeview Avenue North Brooklyn Center, MN 55429 cc: Housing File cc: Police Department LOCATION: 4746 Lakeview Avenue North Final Notice COMPLIANCE OFFICIAL: David Fisher The following violations of the Building Maintenance and Occupancy Ordinance were cited during a recent inspection of the above premises. You are hereby informed that these violations must be corrected on or before the COMPLIANCE DATE indicated. Failure to correct violations or to make satisfactory arrangements to correct violations acceptable to the compliance official, may result in the issuance of a citation which, upon conviction, is punishable b Po P Y fine and /or imprisonment. Section 12 -1202 of the Ordinance provides for Right of Appeal, when it is alleged that a Compliance Order is based upon erroneous interpretation of the Ordinance. The Appeal must be submitted to the Inspection Department, in writing, specifying the grounds for Appeal, within five (5) business days after service of the order, and must be accompanied by a filing fee of $15.00 in cash or cashier's check. If you have any questions or comments, please contact me at 569 -3344, Monday through Friday, between 8:00 a.m. and 4:30 p.m. DESCRIPTION OF VIOLATIONS AND ORDINANCE SECTION 1. Remove all the auto parts in yard or store them within a building. 2. Remove bags of garbage, wood piles, brush, appliances, tires and debris. 3. Remove vehicle being used for sheds or remove storage. 4. Section (1 -108) Keeping of Dogs is Limited- No family or family members shall keep, harbor or have custody of more than two dogs exceeding six months of age in the family dwelling or on the family premises without obtaining a private kennel license. Make the necessary correction to be in compliance with Section (1 -108). 5. Section (12 -711) Fill all holes in yard with dirt and seed or sod as needed. MEMORANDUM TO: William A. Clelland, Brooklyn Center Attorney FROM: David Fisher, Building Inspector DATE: December 3, 1993 RE: Leonard Martin, 4746 Lakeview Avenue North, junk vehicles, debris and yard maintenance. See all past correspondence from 1985 to present and check cases. On September 20, 1993 I went to the referenced address on a complaint made by the neighbor. During my inspection violation of the Building Maintenance Ordinance and Occupancy and Public Nuisances and Petty Offenses Ordinance were noted: 1. Section (19 -1304) Remove all the auto parts in yard or store them within a building. 2. Section (19 -1304) Remove oil pans by driveway and any soil that has been contaminated by the oil. 3. Section (19 -103 sub. 3,4 & 11) Remove bags of garbage, wood piles, brush, appliances, tires and debris. 4. Section (19 -1303) Remove vehicle being used for sheds or remove storage. 5. Section (1 -108) Keeping of Dogs is Limited- No family or family members shall keep, harbor or have custody of more than two dogs exceeding six months of age in the family dwelling or on the family premises without obtaining a private kennel license. Make the necessary correction to be in compliance with Section (1 -108). 6. Section (12 -711) Fill all holes in yard with dirt and seed or sod as needed. On October 5, 1993, I conducted a follow -up inspection and found auto parts, tires, debris, 4 dogs and the vehicles still on site. The oil pans were removed. On October 6, 1993 a final notice was sent to Mr. Martin for the following items: 1. Section (19 -1304) Remove all the auto parts in yard or store them within a building. 2. Section (19 -103 sub. 3,4 & 11) Remove bags of garbage, wood piles, brush, appliances, tires and debris. 3. Section (19 -1303) Remove vehicle being used for sheds or remove storage. 4. Section (1 -108) Keeping of Dogs is Limited- No family or family members shall keep, harbor or have custody of more than two dogs exceeding six months of age in the family dwelling or on the family premises without obtaining a private kennel license. Make the necessary correction to be in compliance with Section (1 -108). 5. Section (12 -711) Fill all holes in yard with dirt and seed or sod as needed. On October 22, 1993, 1 conducted my second follow -up inspection nothing to be done. See photos taken. December 3, 1993 Martin, 4746 Lakeview Ave. N. Page #2 Therefore, I am requesting a formal complaint for failure to meet the following: 1. Section (19 -1304) Remove all the auto parts in yard or store them within a building. 2. Section (19 -103 sub. 3,4 & 11) Remove bags of garbage, wood piles, brush, appliances, tires and debris. 3. Section (19 -1303) Remove vehicle being used for sheds or remove storage. 4. Section (1 -108) Keeping of Dogs is Limited- No family or family members shall keep, harbor or have custody of more than two dogs exceeding six months of age in the family dwelling or on the family premises without obtaining private kennel license. Make the p necessary Y correction to be in compliance with Section (1 -108). 5. Section (12 -711) Fill all holes in yard with dirt and seed or sod as needed. Formal Complaint issued to: Leonard Martin 4746 Lakeview Avenue North Brooklyn Center, MN 55429 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ORDERING THE ABATEMENT OF PUBLIC NUISANCES, SAFETY AND HEALTH HAZARDS AND BUILDING AND MAINTENANCE AND OTHER ORDINANCE VIOLATIONS WITH RESPECT TO THAT REAL ESTATE LOCATED AT 4746 LAKEVIEW AVENUE NORTH, LEGALLY DESCRIBED AS THE WEST 15 FEET OF THE EAST 1/2 OF LOTS 7 AND 8; WEST 1/2 OF LOTS 7 AND 8, BLOCK 2 "LAKEBREEZE ADDITION" IN THE CITY OF BROOKLYN CENTER, HENNEPIN COUNTY, MINNESOTA WHEREAS, Brooklyn Center City Ordinance Chapter 19 defines certain conditions which constitute public nuisances and public safety and health hazards; and WHEREAS, Brooklyn Center City rdinances §19 -1303 §19 -1304 Y � , §19 -103, subds. 3 and 4 and §19 -103, subd. 11 specifically define as nuisances and prohibit the same the storage and keeping of automobile parts and related accessories, unlicensed and junk vehicles, garbage and refuse not properly stored and the accumulation of junk, disused furniture, appliances, machinery and /or parts thereof; and WHEREAS, the prohibition of public nuisances under Chapter 19 is necessary to protect the comfort, repose, health, safety and welfare of the public by eliminating a harborage for vermin, rats and other animals who may pose a danger to the public safety and to provide for the proper disposal of refuse and garbage thereby providing for more sanitary and safe conditions and to further protect the integrity and desirability of neighborhoods by prohibiting the storage of junk and other refuse in residential areas; and WHEREAS, Brooklyn Center City Ordinance Chapter 12 defines the minimum standards for maintenance of all buildings and properties within the City to correct and prevent conditions that adversely affect or are likely to adversely affect the life, safety, general welfare and health of the citizens of Brooklyn Center; and WHEREAS, Theresa Lee Hasbrouck and LeRoy A. Hasbrouck, Jr. are the fee owners and Leonard Martin is an owner and occupant of that real property located at 4746 Lakeview Avenue North, Brooklyn Center, Minnesota 55429, the legal description of which appears, supra; and WHEREAS, City inspectors inspected said premises on 20 September 1993 following complaints made by neighbors and found numerous violations of the City's Building Maintenance and Occupancy Ordinance specifically including the storage in the RESOLUTION NO. and of auto arts Y parts, oil pans and soil contaminated by oil, bags of garbage, wood piles, brush, appliances, tires and other debris and further found that there were holes in the yard and parts of the yard not covered by grass or ground cover; and WHEREAS, Building Maintenance Compliance Orders were served upon Leonard Martin identifying each violation and requiring satisfactory remedial abatement on or before 5 October 1993; and WHEREAS, subsequent inspection has shown that the violations previously identified had not been corrected or abated; and WHEREAS, Building Maintenance Compliance Orders have subsequently been issued to and served upon Leonard Martin on 6 October 1993 and again on 9 March 1994 requiring abatement of the above - described nuisances and violations of the Building Maintenance and Occupancy Code requiring complete abatement of all violations not later than 17 April 1994; and WHEREAS, subsequent inspection of the property has revealed that no compliance has taken place; and WHEREAS, Brooklyn Center City Ordinance X12 -1206 provides that upon the failure to comply with the Compliance Order and from which no appeal has been taken by the owner or occupant of real property, the City Council by resolution, may cause the deficiencies to be remedied as described in the Compliance Order and further provides that the costs of such remedy shall be a lien against the real property and may be levied and collected as a special assessment in the manner provided by Minnesota Statutes Chapter 429 but said assessment shall be payable in a single installment, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER THAT: i. The City Council finds that the presence and /or storage of automobile parts, appliances, tires, brush, debris, wood piles, bags of garbage, junk motor vehicles and refuse at the premises at 4746 Lakeview Avenue North, is a public nuisance and public health and safety hazard and a violation of the Building Maintenance and Occupancy Code in violation of Chapter 19 and 12 of the Ordinances of the City of Brooklyn Center. 2. The abatement of all of the nuisances and public safety and health hazards and violations of Chapters 19 and 12, more particularly described in the Building Maintenance Compliance Orders attached hereto and incorporated herein, is hereby ordered by the City Council of the City of Brooklyn Center as follows: RESOLUTION NO. a) Removal of all auto arts and accessories presently P P Y in the yard; b) Removal of all garbage, wood piles, brush, appliances, tires and other debris and refuse; c) Removal of all junk and /or disabled motor vehicles; d) Filling in all holes in the yard with dirt and seed or sod as needed. The City Manager is hereby authorized to cause and carry out the abatement described herein and to perform all other tasks and functions reasonably incident thereto and to keep an accurate record of the cost of all actions and proceedings herein including administrative time, attorneys' fees, costs and disbursements and to send a statement of such costs to the land owners and occupant who are directed herewith to pay the same. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: an the v d e followin voted against the same: whereupon said resolution was declared duly passed and adopted. Council Meeting Date August 8, 1994 31 City of Brooklyn Center Agenda Item Number / td_ Description: Item Descri P Request For Council Consideration ® Discussion Item: Task Force - Crystal, Robbinsdale, And Brooklyn Center Regarding The Use Of The Twin Lakes In The Three Cities Department Approval: Qit2 Nancy Gohman, /Assistant City Manager Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Summary Explanation: (supporting documentation attached Yes ) The city managers of Brooklyn Center, Crystal, and Robbinsdale have met and discussed the possibility of reviewing and looking into lake use on the Twin Lakes. All managers agreed that there may be enough interest to at least look at and make recommendations to our various cities regarding how the lake use might be monitored or restricted. The city manager's of Brooklyn Center, Crystal, and Robbinsdale are now asking their respective councils to consider creating a joint task force regarding the lakes. The managers' suggestion is that the task force be created with one person from each of the respective cities police department, park and recreation director, one park commissioner, one lake resident, and the chair of the task force to be appointed at large. At the meeting of August 8, we ask the Brooklyn Center City Council to discuss this item. If the Council is in agreement, we will move forward and recommend membership for creation of such task force. Also attached for your information is a memo dated July 5, 1994, from Crystal City Manager Jerry Dulgar regarding the task force and a letter dated July 23, 1994, which states Crystal's City Council approved the concept at their July 19 meeting. • Memorandum DATE: July 5, 1994 TO: City Councilmembers FROM: Jerry Dulgar, City Manager SUBJECT: Meeting Regarding Lake Use Task Puce On June 30, 1994, Fran Hagen, City Manger of Robbinsdale, Jerry Splinter, City Manager of Brooklyn Center, and I met regarding our desire to look into lake use on the Twin Lakes in the three cities: All three of us agreed that there was enough interest to at least take a look at the lake use and to possibly make recommendations to our various cities regarding how that lake use might be monitored or restricted. The suggestion of the three City Managers was that we have a task force appointed by the three City Councils to look into use of the lakes in the three cities taking any steps we might need to enhance and restrict. Our suggestion is that a task force be created with one person from the police department of each city; the Park & Recreation Director from each city; one Park Commission Member from each city; one lake resident from each city; and a chair of the task force to be appointed at large. It would also be our recommendation that this group be appointed in the near future and begin to meet as soon as possible. If necessary a facilitator could be appointed early on to help this task force define their purpose, goals and objectives and to define a certain date in the future when this work schedule is to be completed. If the Council concurs with these recommendations, I would like to see the Council make the appointments as soon as possible so we can forward information onto the other cities for their action. CITY CRYSTAL 4141 Douglas Drive North , Cr stal MN 55422 -1696 Crystal, ADMINISTRATIVE OFFICE July 23, 1994 Gerry Splinter City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Re: Twin Lakes Use Task Force Dear Gerry: At its July 19, 1994 meeting, the Crystal City Council approved the concept of the above referenced task force. Crystal will await decisions of the Robbinsdale and Brooklyn Center councils before proceeding with appointments to the task force. P ity re y, Dulg r Manag r JD:dg a:TwLkTF Council Meeting Date 8/8/94 City of Brooklyn Center Agenda Item Number /AW 8/ Request For Council Consideration ® Item Description: Resolution Expressing Recognition and Appreciation of Trayce Olsen for Her Dedicated Public Service on the Human Rights and Resources Commission Department Approval: 5A" */Yl� Sharon Knutson, Deputy City Clerk Manager's Review/Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Pass a Resolution Expressing Recognition and Appreciation of Trayce Olsen for Her Dedicated Public Service on the Human Rights and Resources Commission • Summary Explanation: (supporting documentation attached No ) Trayce Olsen has submitted her letter of resignation from the Human Rights and Resources Commission effective July 29, 1994. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF TRAYCE OLSEN FOR HER DEDICATED PUBLIC SERVICE ON THE HUMAN RIGHTS AND RESOURCES COMMISSION WHEREAS, Trayce Olsen served on the Brooklyn Center Human Rights and Resources Commission from August 9, 1994, through July 29, 1994; and WHEREAS, her public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, her leadership and expertise have been greatly appreciated by the Brooklyn Center Human Rights and Resources Commission; and WHEREAS, it is highly appropriate that her service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the dedicated public service of Trayce Olsen is hereby recognized and appreciated by the City of Brooklyn Center. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Council Meeting Date 8/8/94 31 City of Brooklyn Center A g enda Item Number /Q Request For Council Consideration • Item Description: RESOLUTION AUTHORIZING MAYOR AND CITY MANAGER TO EXECUTE SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY FOR YEAR XX URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Department Approval: Tom Bublitz, Community Development Specialist Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: • Summary Explanation: (supporting documentation attached Yes This resolution authorizes execution of the Subrecipient Agreement between Hennepin County and the City of Brooklyn Center for the Year XX CDBG program (1994- 1995). The Subrecipient Agreement sets forth the regulations for how the CDBG funds must be spent. Essentially, it is a standard contract which is executed annually by all cities participating in the Urban Hennepin County programs and reflects the City's CDBG program for the year. A copy of the agreement is included with this memorandum. Recommended City Council Action: Staff recommends approval of Resolution Authorizing Mayor and City Manager to Execute Subrecipient Agreement with Hennepin County for Year XX Urban Hennepin County Community Development Block Grant Program. SUBRECIPIENT AGREEMENT URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THIS AGREEMENT made and entered into by and between the COUNTY OF HENNEPIN, STATE OF MINNESOTA, hereinafter referred to as "RECIPIENT," A -2400 Government Center, Minneapolis, Minnesota 55487, and the cities executing this Master Agreement, each hereinafter respectively referred to as "SUBRECIPIENT," said parties to this Agreement each being governmental units of the State of Minnesota, and is made pursuant to Minnesota Statutes, Section 471.59: WITNESSETH WHEREAS, Recipient has received a $3,688,000 Federal Fiscal Year 1994 Community Development Block Grant (CDBG) entitlement allocation under Title I of the Housing and Community Development Act of 1974, as amended, to carry out various community develop- ment activities in cooperation with Subrecipient, according to the implementing regulations at 24 CFR Part 570; and WHEREAS, Federal Fiscal Year 1994 CIJBG funds and any resulting program income have been approved by Recipient for use by Subrecipient for the implementation of eligible and fundable community development activity /ies as included in and a part of the 1994 Statement of Objectives and Projected Use of Funds, Urban Hennepin County Community Development Block Grant (CDBG) Program and as set forth in Exhibit 1 to this Agreement; and WHEREAS, the Subrecipient agrees to assume certain responsibilities for the implementation of the approved activities described in Exhibit 1, said responsibilities being specified in part in the Joint Cooperation Agreement effective October 1, 1993, executed between Recipient and Subrecipient on June 20, 1993 and in the 1994 Statement of Objectives and Projected Use of Funds, Urban Hennepin County CDBG Program and the Certifications contained therein. NOW, THEREFORE, the parties hereunto do hereby agree as follows: 1. SCOPE OF SERVICES A. The Subrecipient shall expend all or any part of its CDBG allocation only on those activities identified in Exhibit 1, subject to the requirements of this Agreement and the stipulations and requirements set forth in Exhibit 1 to this Agreement. B. The Subrecipient shall take all necessary actions, not only to comply with the stipulations as set out in Exhibit 1, but to comply with any requests by the Recipient in that connection; it being understood that the Recipient is responsible to the Department of Housing and Urban Development (HUD) for ensuring compliance with such requirements. The Subrecipient also will promptly notify the Recipient of any changes in the scope or character of the activity /ies which it is implementing. 2. TERM OF AGREEMENT The effective date of this Agreement is July 1, 1994. The termination date of this Agreement is December 31, 1995, or at such time as the activity /ies constituting part of this Agreement are satisfactorily completed prior thereto. Upon expiration, the Subrecipient shall relinquish to the Recipient all program funds unexpended or uncommitted and all accounts receivable attributable to the use of CDBG funds for the activities described in Exhibit 1, as may be amended. 3. THIRD PARTY AGREEMENTS The Subrecipient may subcontract this Agreement and /or the services to be performed hereunder, whether in whole or in part, only with the prior consent of the Recipient and only through a written Third Party Agreement acceptable to the Recipient. The Subrecipient shall not otherwise assign, transfer, or pledge this Agreement and /or the services to be performed hereunder, whether in whole or in part, without the prior consent of the Recipient. 4. AMENDMENTS TO AGREEMENT Any material alterations, variations, modifications or waivers of provisions of this Agreement shall only be valid when reduced to writing as an Amendment to this Agreement signed, approved and properly executed by the authorized representatives of the parties. An exception to this process will be in amending Exhibit 1 to this Agreement. Exhibit 1, shall be deemed amended to conform to any amendments to the Final Statement of Community Development Objectives and Projected Use of Funds, as such amendments occur. Any amendments to the Statement of Objectives and Projected Use of Funds, which constitute substantial changes, must be accompanied by documentation that a local public hearing was conducted and by an authorizing resolution. Amendments which do not constitute substantial changes may be handled administratively. Hennepin County Office of Planning and Development staff may approve administrative amendments provided they are eligible, fundable and satisfy the Urban Hennepin County Statement of Objectives. Substantial change is defined as a change in (1) beneficiary; (2) project location; (3) purpose; or (4) scope, (more than a 50% increase or decrease in the original budget or $10,000, whichever is greater), in any authorized activity. The total budget of multi - community activities will be used in determining substantial change. 2 5. PAYMENT OF CDBG FUNDS The Recipient agrees to provide the Subrecipient with CDBG funds not to exceed the Hennepin County authorized budget to enable the Subrecipient to carry out its CDBG - eligible activity /ies as described in Exhibit 1. It is understood that the Recipient shall be held accountable to HUD for the lawful expenditure of CDBG funds under this Agreement. The Recipient shall therefore make no payment of CDBG funds to the Subrecipient and draw no funds from HUD /U.S. Treasury on behalf of the Subrecipient activity /ies, prior to having received a proper Hennepin County Warrant Request form from the Subrecipient for the expenses incurred, as well as copies of all documents and records needed to ensure that the Subrecipient has complied with the appropriate regulations and requirements. 6. INDEMNITY AND INSURANCE A. The Subrecipient does hereby agree to release, indemnify, and hold harmless the Recipient from and against all costs, expenses, claims, suits or judgments arising from or growing out of any injuries, loss or damage sustained by any person or corporation, including employees of Subrecipient and property of Subrecipient, which are caused by or sustained in connection with the tasks carried out by the Subrecipient under this Agreement. B. The Subrecipient does further agree that in order to protect itself as well as the Recipient under the indemnity agreement provisions hereinabove set forth it will at all times during the term of this Agreement and any renewal thereof, have and keep in force: a single limit or combined limit or excess umbrella commercial and general liability insurance policy of an amount of not less than $600,000 for property damage arising from one occurrence, $600,000 for damages arising from death and /or total bodily injuries arising from one occurrence, and $600,000 for total personal injuries. arising from one occurrence. Such policy shall also include contractual liability coverage protecting the Recipient, its officers, agents and employees by a certificate acknowledging this Agreement between the Subrecipient and the Recipient. C. The Subrecipient's liability, however, shall be governed by the provisions of Minnesota Statutes Chapter 466. 7. CONFLICT OF INTEREST A. In the procurement of supplies, equipment, construction,* and services by the Subrecipient, the conflict of interest provisions in 24 CFR 85.36 and OMB Circular A -110 shall apply. B. In all other cases, the provisions of 24 CAR 570.611 shall apply. 3 8. DATA PRIVACY The Subrecipient agrees to abide by the provisions of the Minnesota Government Data Practices Act and all other applicable state and federal laws, rules, and regulations relating to data privacy or confidentiality, and as any of the same may be amended. The Subrecipient agrees to defend and hold the Recipient, its officers, agents, and employees harmless from any claims resulting from the Subrecipient's unlawful disclosure and /or use of such protected data. 9. SUSPENSION OR TERMINATION A. If the Subrecipient materially fails to comply with any term of this Agreement or so fails to administer the work as to endanger the performance of this Agreement, this shall constitute noncompliance and a default. Unless the Subrecipient's default is excused by the Recipient, the Recipient may take one or more of the actions prescribed in 24 CFR 85.43, including the option of immediately cancelling this Agreement in its entirety. B. The Recipient's failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement. C. This Agreement may be cancelled with or without cause by either party upon thirty (30) days' written notice according to the provisions in 24 CFR 85.44. D. CDBG funds allocated to the Subrecipient under this Agreement may not be obligated or expended by the Subrecipient following such date of termination. Any funds allocated to the Subrecipient under this Agreement which remain unobligated or unspent following such date of termination shall automatically revert to the Recipient. 10. REVERSION OF ASSETS Upon expiration or termination of this Agreement, the Subrecipient shall transfer to the Recipient any CDBG funds on hand or in the accounts receivable attributable to the use of CDBG funds, including CDBG funds provided to the Subrecipient in the form of a loan. Any real property under the control of the Subrecipient that was acquired or improved, in whole or in part, using CDBG funds in excess of $25,000 shall either be: A. Used to meet one of the national objectives in 24 CFR 570.208 and not used for the general conduct of government until: (1) For units of general local government, five years from the date that the unit of general local government is no longer considered by HUD to be a part of Urban Hennepin County; or (2) For any other Subrecipient, five years after expiration of this Agreement. Or, 4 B. Not used in accordance with A. above, in which event the Subrecipient shall pay to the Recipient an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non -CDBG funds for acquisition of, or improvement to, the property. The payment is program income to the Recipient. No payment is required after the period of time specified in A. above. 11. PROCUREMENT The Subrecipient shall be responsible for procurement of all supplies, equipment, services, and construction necessary for implementation of its activity /ies. Procurement shall be carried out in accordance with the "Common Rule" Administrative Requirements in 24 CFR 85 and all provisions of the CDBG Regulations in 24 CFR 570 (the most restrictive of which will take precedence). The Subrecipient shall prepare, or cause to be prepared, all advertisements, negotiations, notices, and documents; enter into all contracts; and conduct all meetings, conferences, and interviews as necessary to ensure compliance with the above described procurement requirements. The Recipient shall provide advice and staff assistance to the Subrecipient to carry out its CDBG- funded activity /ies. 12. ACQUISITION, RELOCATION AND DISPLACEMENT A. The Subrecipient shall be responsible for carrying out all acquisitions of real property necessary for implementation of the activity /ies. The Subrecipient shall conduct all such acquisitions in its name, or in the name of any of its public, ' governmental, nonprofit agencies as authorized by its governing body, which shall hold title to all real property purchased. The Subrecipient shall be responsible for preparation of all notices, appraisals, and documentation required in conducting acquisition under the latest applicable regulations of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 and of the CDBG Program. The Subrecipient shall also be responsible for providing all relocation notices, counseling, and services required by said regulations. The Recipient shall provide advice and staff assistance to the Subrecipient to carry out its CDBG- funded activity /ies. B. The Subrecipient shall comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as required under 24 CFR 570.606(a) and HUD implementing regulations at 24 CFR 42; the requirements in 24 CFR 570.606(b) governing the residential antidisplacement and relocation assistance plan under section 104(d) of the Housing and Community Development Act of 1974 (the Act); the 'relocation requirements of 24 CFR 570.606(c) governing displacement subject to section 104(k) of the Act; and the requirements of 24 CFR 570.606(d) governing optional relocation assistance under section 105(a)(1 1) of the Act. 5 13. ENVIRONMENTAL REVIEW The Recipient shall determine the level of environmental review required under 24 CFR Part 58 and maintain the environmental review record on all activities. The Subrecipient shall be responsible for providing necessary information, relevant documents, and public notices to the Recipient to accomplish this task. 14. LABOR STANDARDS, EMPLOYMENT AND CONTRACTING The Recipient shall be responsible for the preparation of all requests for HUD for wage rate determinations on CDBG activities undertaken by the Subrecipient. The Subrecipient shall notify the Recipient prior to initiating any activity, including advertising for contractual services which will include costs likely to be subject to the provisions on Federal Labor Standards and Equal Employment Opportunity and related implementing regulations. The Recipient will provide technical assistance to the Subrecipient to ensure compliance with these requirements. 15. PROGRAM INCOME If the Subrecipient generated any program income as a result of the expenditure of CDBG funds, the provisions of 24 CFR 570.504 shall apply, as well as the following specific stipulations: A. The Subrecipient will notify the Recipient of any program income within ten (10) days of the date such program income is generated. When program income is generated by an activity only partially assisted with CDBG funds, the income shall be prorated to reflect the percentage of CDBG funds used. B. That any such program income must be paid to the Recipient by the Subrecipient as soon as practicable after such program income is generated unless the Subrecipient is permitted to retain program income. C. Recipient will retain ten percent (10 %) of all program income paid to Recipient to defray administration expenses. The remaining ninety percent (90 %) of the program income paid to the Recipient shall be credited to the grant authority of Subrecipient whose project generated the program income and shall be used for fundable and eligible CDBG activities consistent with this Agreement. D. The Subrecipient further recognizes that the Recipient has the responsibility for monitoring and reporting to HUD on the use of any such program income. The responsibility for appropriate recordkeeping by the Subrecipient and reporting to the Recipient by the Subrecipient on the use of such program income is hereby recognized by the Subrecipient. The Recipient agrees to provide technical assistance to the Subrecipient in establishing an appropriate and proper recordkeeping and reporting system, as required by HUD. 6 E. That in the event of close -out or change in status of the Subrecipient, any program income that is on hand or received subsequent to the close -out or change in status shall be paid to Recipient as soon as practicable after the income is received. The Recipient agrees to notify the Subrecipient, should close -out or change in status of the Subrecipient occur. 16. USE OF REAL PROPERTY The following standards shall apply to real property under the control of the Subrecipient that was acquired or improved, in whole or in part, using CDBG funds: A. The Subrecipient shall inform the Recipient at least thirty (30) days prior to any modification or change in the use of the real property from that planned at the time of acquisition or improvements including disposition. The Subrecipient will comply with the requirements of 24 CFR 570.505 to provide affected citizens the opportunity to comment on any proposed change and to consult with affected citizens. B. The Subrecipient shall reimburse the Recipient in an amount equal to the current fair market value (less any portion thereof attributable to expenditures of non- CDBG funds) of property acquired or improved with CDBG funds that is sold or transferred for a use which does not qualify under the CDBG regulations. Said reimbursement shall be provided to the Recipient at the time of sale or transfer of the property referenced herein. Such reimbursement shall not be required if the conditions of 24 CFR 570.503(b)(8)(i) are met and satisfied. Fair market value shall be established by a current written appraisal by a qualified appraiser. The Recipient will have the option of requiring a second appraisal after review of the initial appraisal. C. Any program income generated from the disposition or transfer of real property prior to or subsequent to the close -out, change of status or termination of the Joint Cooperation Agreement between the Recipient and the Subrecipient shall be repaid to the Recipient at the time of disposition or transfer of the property. 17. ADMINISTRATIVE REQUIREMENTS The uniform administrative requirements delineated in 24 CFR 570.502 and any and all administrative requirements or guidelines promulgated by the Recipient shall apply to all activities undertaken by the Subrecipient provided for in this Agreement and to any program income generated therefrom. 18. AFFIRMATIVE ACTION AND EQUAL OPPORTUNITY A. During the performance of this Agreement, the Subrecipient agrees to the following: In accordance with the Hennepin County Affirmative Action Policy and the County Commissioners' Policies Against Discrimination, no person shall be excluded from full employment rights or participation in, or the benefits of, any program, service or activity on the grounds of race, color, creed, religion, age, 7 sex, disability, marital status, affectional /sexual preference, public assistance status, ex- offender status, or national origin; and no person who is protected by applicable federal or state laws against discrimination shall be otherwise subjected to discrimination. B. The Subrecipient will furnish all information and reports required to comply with the provisions of 24 CFR Part 570 and all applicable state and federal laws, rules, and regulations pertaining to discrimination and equal opportunity. 19. NON - DISCRIMINATION BASED ON DISABILITY A. The Subrecipient shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, to ensure that no otherwise qualified individual with a handicap, as defined in Section 504, shall, solely by reason of his or her handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination by the Subrecipient receiving assistance from the Recipient under Section 106 and /or Section 108 of the Housing and Community Development Act of 1974, as amended. B. When and where applicable, the Subrecipient shall comply with and make best RP p P y t efforts to have its third party providers comply with, Public Law 101 -336 Americans With Disabilities Act of 1990, Title I "Employment," Title If "Public Services" - Subtitle A, and Title III "Public Accommodations and Services Operated By Private Entities" and all ensuing federal regulations implementing said Act. 20. LEAD -BASED PAINT The Subrecipient shall comply with the Lead -Based Paint notification, inspection, testing and abatement procedures established in 24 CFR 570.608. 21. FAIR HOUSING The Subrecipient shall be prohibited from receiving CDBG funds for activity /ies subject to this Agreement should it not affirmatively further fair housing within its own jurisdiction or impede action taken by Recipient to comply with the fair housing certification. 22. LOBBYING A. No federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal Grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 8 I B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement Subrecipient will complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 23. USE OF EXCESSIVE FORCE BY LAW ENFORCEMENT AGENCIES Subrecipient has adopted and is enforcing a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non - violent civil rights demonstrations; and a policy of enforcing applicable state and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non - violent civil rights demonstrations within its jurisdiction. 24. OTHER CDBG POLICIES The Subrecipient shall comply with the applicable section of 24 CFR 570.200, particularly sections (b) (Special Policies Governing Facilities); (c) (Special Assessments); (f) (Means of Carrying Out Eligible Activities); and (j) (Constitutional prohibitions Concerning Church /State Activities). 25. TECHNICAL ASSISTANCE The Recipient agrees to provide technical assistance to the Subrecipient in the form of oral and /or written guidance and on -site assistance regarding CDBG procedures and project management. This assistance will be provided as requested by the Subrecipient, and at other times at the initiative of the Recipient when new or updated information concerning the CDBG Program is received by the Recipient and deemed necessary to be provided to the Subrecipient. 26. RECORDKEEPING The Subrecipient shall maintain records of the receipt and expenditure of all CDBG funds, such records to be maintained in accordance with OMB Circulars A -87 and the "Common Rule" Administrative Requirements in 24 CFR 85 and in accordance with OMB Circular A -1 10 and A -122, as applicable. All records shall be made available upon request of the Recipient for inspectionis and audit /s by the Recipient or its representatives. If a financial audit /s determines that the Subrecipient has improperly expended CDBG funds, resulting in the U.S. Department of Housing and Urban Development (HUD) disallowing such expenditures, the Recipient reserves the right to recover from the Subrecipient such disallowed expenditures from non -CDBG sources. Audit procedures are specified below in Section 22 of this Agreement. 9 27. ACCESS TO RECORDS The Recipient shall have authority to review any and all procedures and all materials notices, documents, etc., prepared by the Subrecipient in implementation of this Agreement, and the Subrecipient agrees to provide all information required by any person authorized by the Recipient to request such information from the Subrecipient for the purpose of reviewing the same. 28. AUDIT The Subrecipient agrees to provide Recipient with an annual audit consistent with the Single Audit Act of 1984, (U.S. Public Law 98 -502) and the implementing requirements of OMB Circular A -128, Audits of State and Local Governments, and, as applicable, OMB Circular A -1 10, Uniform Requirements for Grants to Universities, Hospitals and Non - Profit Organizations. A. The audit is to be provided to Recipient on July 1 of each year this Agreement is in effect and any findings of noncompliance affecting the use of CDBG funds shall be satisfied by Subrecipient within six (6) months of the provision date. B. The audit is not required, however, in those instances where less than $25,000 in assistance is received from all Federal sources in any one fiscal year. C. The cost of the audit is not reimbursable from CDBG funds. D. The Recipient reserves the right to recover from the Subreci ient's non -CDBG 9 P funds any CDBG expenses which are disallowed by an audit. 10 RECIPIENT EXECUTION The Hennepin County Board of Commissioners having duly approved this Agreement on , 1994, and pursuant to such approval and the proper County officials having signed this Agreement, the Recipient agrees to be bound by the provisions herein set forth. APPROVED AS TO FORM COUNTY OF HENNEPIN, LEGALITY AND EXECUTION STATE OF MINNESOTA By: Chairman of its County Board Assistant County Attorney Attest: Date: Deputy /Clerk of the County Board 11 SUBRECIPIENT EXECUTION Subrecipient, having signed this Agreement, and the Subrecipient's governing body having duly approved this Agreement on , 1994, and pursuant to such approval and the proper city official having signed this Agreement, Subrecipient agrees to be bound by the provisions of this Agreement. CITY OF BROOKLYN CENTER By: Its Mayor And: Its City Manager Date: CITY MUST CHECK ONE: The City is organized pursuant to: — Plan A _ Plan B X Charter 12 SUBRECIPIENT AGREEMENT URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM EXHIBIT 1 The Subrecipient, as identified below, will be provided with Urban Hennepin County Community Development Block Grant fund in the not -to- exceed amount indicated to assist Subrecipient in funding the activity /ies in the amount and under the stipulations individually specified in the Project Description /Projected Use of Funds attached here to: Subrecipient 1994 CDBG Funds Brooklyn Center 261,194 Brooklyn Park 534,981 Champlin 78,830 Chanhassen 48,544 Corcoran 22,998 Crystal 147,424 Dayton 20,847 Deephaven 13,711 Eden Prairie 186,897 Edina 197,821 Excelsior 16,595 Golden Valley 113,269 Greenfield 7,281 Greenwood 3,075 Hanover 3,557 Hassan 11,460 Hopkins 160,940 Independence 15,359 Long Lake 10,939 Loretto 3,894 Maple Grove 153,277 Maple Plain 10,474 Medicine Lake 875 Medina 14,002 Minnetonka 181,015 Minnetonka Beach 1,802 Minnetrista 20,208 Mound 69,861 New Hope 176,799 Orono 23,131 Osseo 25,306 Richfield 267,533 Robbinsdale 91,246 Rockford 19,972 Rogers 4,204 Shorewood 17,403 Spring Park 12,088 St. Anthony' 21,403 St. Bonifacius 8,002 St. Louis Park 302,187 Tonka Bay 7,736 Wayzata 29,444 Woodland 1,613 PROJECT DESCRIPTION URBAN HENNEPIN COUNTY CDBG STATEMENT OF PROJECTED USE OF FUNDS YEAR XX /1994 I. COOPERATING UNIT Brooklyn Center 2. ACTIVITY Scattered Site Redevelopment 3. LOCATION ADDRESS 6715 -6721 Humboldt Ave. No. CENSUS TRACT: 202 4. NUMBER 003 5. ACCOUNT NUMBER 59680 6. BUDGET /SOURCES S50.000 / FY 1994 CDBG -0- / Program Income S50.000 / TOTAL 7. ELIGIBILITY CITATION 570.201(a) 8. NATIONAL OBJECTIVE CITATION: ( ] L/M Area Benefit 570.208(a)(1) [ ] S/B Area 570.208(b)(1) ( ] L/M Limited Clientele 570.208(a)(2) [X] S/B Spot 570.208(b)(2) J L/M Housing 570.208(a)(3) [ ] P/A Exempt Job Creation or Retention 570.208(a)(4) 9. ENVIRONMENTAL REVIEW STATUS: [ ] Exempt (EX) [ ] Categorically Excluded (CE) Categorically Excluded /Exempt (CE /EX) [X] Assessment Required (AR) Funds released 2/16/93 10. DESCRIPTION Funds will be used to continue reimburse- ment to the Brooklyn Center Economic Development Authority for the cost of acquisition and clearance through demolition of four (4) four plex apartment buildings at 6715, 6717, 6719 and 6721 Humboldt Ave. No. This is a multi -year activity which received environmental clearance on February 16, 1993. 11. GENERAL REQUIREMENTS: Requirements with an "X" are applicable to this activity and are to be included in this section and made a part of this agreement. [X] Supplemental Agreement Type: [ ] Non - Profit Agency [X] Public Agency Brooklyn Center EDA [ ] Other An agreement must be executed between subrecipient and any other agency providing a service or implementing an activity on behalf of subrecipient. Said agreement must contain all P ertinent sections contained in Subrecipient Agreement and such other requirements as g q are identified herein. [x] Schedule Activity must be implemented in a timely manner and completed by December 31, 1995. ( ] Labor Standards /Equal Employment Opportunity All construction projects of $2,000 or more and financed in whole or part with federal funds shall comply with the provisions of the Davis -Bacon Act (prevailing wage), the Contract Work Hours and Safety Standards Act and the Copeland (Anti- Kickback) Act. All federally funded or assisted construction contracts or sub- contracts of $10,000 or more shall comply with Executive Order 11246 Equal Employment 0 q Opportunit as amended by Executive Order 12086, and the regulations issued pursuant thereto in 41 CFR Part 60. [ ] Procurement Standards and guidelines are established in 24 CFR Part 85.36 for the procurement of supplies, equipment, construction and services for federally assisted programs. All procurement shall be made by one of the following methods. The method used shall be adequately documented and contracts shall contain standard conditions as appropriate. - Small Purchase. (Informal Method) To be followed for the purchase of services, supplies or other property costing in the aggregate not more than $25,000. If small purchase procurement is used, written price or rate quotations must be obtained from an adequate number of qualified sources. - Competitive Sealed Bids. (Formal Advertising) To be followed when the purchase /s, costing in the aggregate, exceeds $25,000. Sealed bids shall be publicly solicited and a firm fixed -price contract is'to be awarded to the lowest responsible bidder. This method is preferred for soliciting construction bids. - Competitive Proposals. This method is normally used when more than one source submits an offer, and either a fixed -price or cost - reimbursement type contract is awarded. This method is typically used for procuring professional services. ( ] Section 3 of the Housing and Urban Development Act of 1968 In connection with the planning and implementation of any project assisted under the Act, to the greatest extent feasible, oppor- tunities for training and employment be given to low and moderate income persons residing within the unit of local government or the metropolitan area in which the project is located, and that contracts for work in connection with the project be awarded to eligible business concerns which are located in, or owned in substantial part by persons residing in the same metropolitan area as the project. Contracts for work may include, but are not limited to, contracts for supply of goods and /or services. [X] Uniform Relocation Assistance and Real Property Acquisition The standards described in 24 CFR 570.606 shall apply to activity that involves the acquisition of real property or the displacement of persons, including displacement caused by rehabilitation and demolition. [X] Residential Antidisplacement and Relocation Assistance All occupied and vacant occupiable low- moderate income dwelling units demolished or converted to another use as a direct result of activity shall be replaced and relocation assistance shall be provided to each displaced low - moderate income household in accor- dance with the Urban Hennepin County CDBG Program Anti - displacement and Relocation Assistance Policy pursuant to Section 104(d) of the Housing and Community Development Act of 1974, as amended, and the provisions in 24 CFR 570.606. (X] Property Management The standards described in 24 CFR Part 570.505 Subpart J shall apply to all real property which was acquired or improved in whole or in part using CDBG funds in excess of $25,000. These standards apply for a period of five (5) years after the termination of this agreement. [ ] Land Disposition Agreement This agreement, executed between Hennepin County and the subrecipient community, contains the terms under which the community can acquire and hold land for a specified use and time period. [ ] Other Requirements: YEAR XX /1994 PROJECT DESCRIPTION URBAN HENNEPIN COUNTY CDBG STATEMENT OF PROJECTED USE OF FUNDS YEAR XX /1994 1. COOPERATING UNIT Brooklyn Center 2. ACTIVITY Planning Business Ex ansion Retention g P / Study 3. LOCATION ADDRESS Citywide CENSUS TRACT 4. NUMBER 001 5. ACCOUNT 59940 6. BUDGET /SOURCES 545.000 / FY 1994 CDBG -0- / Program Income $45.000 / TOTAL 7. ELIGIBILITY CITATION 570.205(a)(iii) 8. NATIONAL OBJECTIVE CITATION: [ } L/M Area Benefit 570.208(a)(1) [ } S/B Area 570.208(b)(1) [ ] L/M Limited Clientele 570.208(a)(2) [ ] S/B Spot 570.208(b)(2) [ ] L/M Housing 570.208(a)(3) [X] P/A Exempt [ ] Job Creation or Retention 570.208(a)(4) 9. ENVIRONMENTAL REVIEW STATUS: [X] Exempt (EX) ( J Categorically Excluded (CE) [ ) Categorically Excluded /Exempt (CE /EX) [ J Assessment Required (AR) 10. DESCRIPTION The city of Brooklyn Center is developing a local comprehensive business expansion /retention program in conjunction with other north metro communities. Blaine and Brooklyn Park have entered into a joint powers agreement with Brooklyn Center to develop and implement the program. It is the intent of Brooklyn Center and the other communities to encour- age economic growth and development by providing assistance to businesses already located in these communities. The initial stage for which CDBG funding is proposed is a study /survey of approximately 900 businesses in Brooklyn Center over a three -year period. This is the third year of CDBG funding for this multi -year project. In the first year of the project Brooklyn Center received a $50,000 pilot project grant from the state (DIED). Brooklyn Center has retained a private firm (consultant) to develop and implement the study and make recommendations to assist business expansion and /or retention. 11. GENERAL REQUIREMENTS: Requirements with an "X" are applicable to this activity and are to be included in this section and made a part of this agreement. [ ] Supplemental Agreement Type: [ J Non - Profit Agency [ ] Public Agency [ J Other An agreement must be executed between subrecipient and any other agency providing a service or implementing an activity on behalf of subrecipient. Said agreement must contain all pertinent sections contained in Subrecipient Agreement and such other requirements as are identified herein. [X] Schedule Activity must be implemented in a timely manner and completed by December 31, 1995. [ ] Labor Standards /Equal Employment Opportunity All construction projects of $2,000 or more and financed in whole or part with federal funds shall comply with the provisions of the Davis- Bacon Act (prevailing wage), the Contract Work Hours and Safety Standards Act and the Copeland (Anti- Kickback) Act. All federally funded or assisted construction contracts or subcontracts of $10,000 or more shall comply with Executive Order 11246, Equal Employment Opportunity, as amended by Executive Order 12086, and the regulations issued pursuant thereto in 41 CFR Part 60. [X] Procurement Standards and guidelines are established in 24 CFR Part 85.36 for the procurement of supplies, equipment, construction and services for federally assisted programs. All procurement shall be made by one of the following methods. The method used shall be adequately documented and contracts shall contain standard conditions as appropriate. - Small Purchase. (Informal Method) To be followed for the purchase of services, supplies or other property costing in the aggregate not more than $25,000. If small purchase procurement -is used, written price or rate quotations must be obtained from an adequate number of qualified sources. - Competitive Sealed Bids. (Formal Advertising) To be followed when the purchase /s, costing in the aggregate, exceeds $25,000. Sealed bids shall be publicly solicited and a firm fixed -price contract is to be awarded to the lowest responsible bidder. This method is preferred for soliciting construction bids. - Competitive Proposals. This method is normally used when more than one source submits an offer, and either a fixed -price or cost - reimbursement type contract is awarded. This method is typically used for procuring professional services. ( ] Section 3 of the Housing and Urban Development Act of 1968 In connection with the planning and implementation of any project assisted under the Act, to the greatest extent feasible, opportunities for training and employment be given to low and moderate income persons residing within the unit of local government or the metropolitan area in which the project is located, and that contracts for work in connection with the project be awarded to eligible business concerns which are located in, or owned in substantial part by persons residing in the same metropolitan area as the project. Contracts for work may include, but are not limited to,, contracts for supply of goods and /or services. [ ] Uniform Relocation Assistance and Real Property Acquisition The standards described in 24 CFR 570.606 shall apply to activity that involves the acquisition of real property or the displacement of persons, including displacement caused by rehabilitation and demolition. [ ] Residential Antidisplacement and Relocation Assistance All occupied and vacant occupiable low- moderate income dwelling units demolished or converted to another use as a direct result of activity shall be replaced and relocation assistance shall be provided to each displaced low - moderate income household in accordance with the Urban Hennepin County CDBG Program Anti - displacement and Relocation Assistance Policy pursuant to Section 104(d) of the Housing and Community Development Act of 1974, as amended, and the provisions in 24 CFR 570.606. [ ] Property Manaizement The standards described in 24 CFR Part 570.505 Subpart J shall apply to all real property which was acquired or improved in whole or in part using CDBG funds in excess of $25,000. These standards apply for a period of five (5) years after the termination of this agreement. [ ] Land Disposition Agreement This agreement, executed between Hennepin County and the subrecipient community, contains the terms under which the community can acquire and hold land for a specified use and time period. [ ] Other Requirements YEAR XX /1994 PROJECT DESCRIPTION URBAN HENNEPIN COUNTY CDBG STATEMENT OF PROJECTED USE OF FUNDS YEAR XX /1994 1. COOPERATING UNIT See Below 2. ACTIVITY Rehabilitation of Private Property 3. LOCATION ADDRESS Citywide CENSUS TRACT: 4, NUMBER See Below 5. ACCOUNT NUMBER 59890 6. BUDGET /SOURCES $569,581 /FY 1993 CDBG /Program Income $569.581 /TOTAL 7. ELIGIBILITY CITATION : 570.202 (a)(1) 8. NATIONAL OBJECTIVE CITATION: [ J L/M Area Benefit 570.208(a)(1) ( J S/B Area 570.208(b)(1) [XJ L/M Limited Clientele 570.208(a)(2) [ ] S/B Spot 570.208(b)(2) [ J L/M Housing 570.208(a)(3) j ] P/A Exempt [ ] Job Creation or Retention 570.208(a)(4) 9. ENVIRONMENTAL REVIEW STATUS: [ ] Exempt (EX) [ ] Categorically Excluded (CE) [X] Categorically Excluded /Exempt (CE /EX) [ ] Assessment Required (AR) 10. DESCRIPTION: Provide grants to eligible low /moderate income homeowners for improvements to their homes consistent with the Urban Hennepin County Procedural Guides for Housing Rehabilitation. This multi -year activity is funded to the extent indicated for the following cooperating units. The program is operated by Hennepin County. Cooneratinz Unit Activitv Budget Brooklyn Center 004 $157,194 Brooklyn Park 011 90,000 Champlin 021 30,213 Crystal 026 45,000 Dayton 033 3,000 Deephaven 035 468 Golden Valley 051 91,719 Independence 067 11,009 Maple Grove 076 10,000 Maple Plain 080 6,474 Minnetrista 093 9,073 Mound 098 28,991 New Hope 107 30,000 Robbinsdale 125 32,996 St. Anthony 138 10,000 Wayzata 155 13.444 Total $569,581 11. GENERAL REQUIREMENTS: Requirements with an "X" are applicable to this activity and are to be included in this section and made a part of this agreement. ( ] Agreement Su elemental A P g Type: [ ] Non - Profit Agency ( ] Public Agency [ J Other An agreement must be executed between subrecipient and any other agency providing a service or implementing an activity on behalf of subrecipient. Said agreement must contain all pertinent sections contained in Subrecipient Agreement and such other requirements as are identified herein. [X] Schedule Activity must be implemented in a timely manner and completed by December 31, 1995. [ ] Labor Standards /Equal- Employment Opportunity ,Ail construction projects of $2,000 or more and financed in whole or part with federal funds shall comply with the provisions of the Davis -Bacon Act (prevailing wage), the Contract Work Hours and Safety Standards Act and the Copeland (Anti- Kickback) Act. All federally funded or assisted construction contracts or subcontracts of $10,000 or more shall comply with Executive Order 11246, Equal Employment Opportunity, as amended by Executive Order 12086, and the regulations issued pursuant thereto in 41 CFR Part 60. [X] Procurement Standards and guidelines are established in 24 CFR Part 85.36 for the procurement of supplies, equipment, construction and services for federally assisted programs. All procurement shall be made by one of the following methods. The method used shall be adequately documented and contracts shall contain standard conditions as appropriate. Small Purchase. (Informal Method) To be followed for the purchase of services, supplies or other property costing in the aggregate not more than $25,000. If small purchase procurement is used, written price or rate quotations must be obtained from an adequate number of qualified sources. Competitive Sealed Bids. (Formal Advertising) To be followed when the purchase /s, costing in the aggregate, exceeds $25,000. Sealed bids shall be publicly solicited and a firm fixed -price contract is to be awarded to the lowest responsible bidder. This method is preferred for soliciting construction bids. Competitive Proposals. This method is normally used when more than one source submits an offer, and either a fixed -price or cost- reimbursement type contract is awarded. This method is typically used for procuring professional services. [X] Section 3 of the Housing and Urban Development Act of 1968 In connection with the planning and implementation of any project assisted under the Act, to the greatest extent feasible, opportunities for training and employment be given to low and moderate income persons residing within the unit of local government or the metropolitan area in which the project is located, and that contracts for work in connection with the project be awarded to eligible business concerns which are located in, or owned in substantial part by persons residing in the same metropolitan area as the project. Contracts for work may include, but are not limited to, contracts for supply of goods and /or services. [ ] Uniform Relocation Assistance and Real Property Acquisition The standards described in 24 CFR 570.606 shall apply to activity that involves the acquisition of real property or the displacement of persons, including displacement caused by rehabilitation and demolition. [ ] Residential Antidisplacement and Relocation Assistance All occupied and vacant occupiable low- moderate income dwelling units demolished or converted to another use as a direct result of activity shall be replaced and relocation assistance shall be provided to each displaced low - moderate income household in accordance with the Urban Hennepin County CDBG Program Anti - displacement and Relocation Assistance Policy pursuant to Section 104(d) of the Housing and Community Development Act of 1974, as amended, and the provisions in 24 CFR 570.606. ( ] Property Management The standards described in 24 CFR Part 570.505 Subpart J shall apply to all real property which was acquired or improved in whole or in part using CDBG funds in excess of $25,000. These standards apply for a period of five (5) years after the termination of this agreement. [ ] Land Disposition Agreement This agreement, executed between Hennepin County and the subrecipient community, contains the terms under which the community can acquire and hold land for a specified use and time period. [ ] Other Requirements The standards described in the Urban Hennepin County Housing Rehab Deferred Payment Loan Program Procedural Guide shall apply to this activity. Yr-%R XX11994 PROJECT DESCRIPTION URBAN HENNEPIN COUNTY CDBG STATEMENT OF PROJECTED USE OF FUNDS YEAR XX /1994 1. COOPERATING UNIT See Below 2. ACTIVITY Public Service - H.O.M.E. Program (Household & Outside Maintenance for 3. LOCATION Elderly) ADDRESS Citywide CENSUS TRACT 4. NUMBER See Below 5. ACCOUNT NUMBER 59970 6. BUDGET /SOURCES $78,974 / FY 1994 CDBG -0- / Program Income $78.974 / TOTAL 7. ELIGIBILITY CITATION 570.201(e) 8. NATIONAL OBJECTIVE CITATION: [ ] L/M Area Benefit 570.208(a)(1) [ j S/B Area 570.208(b)(1) [X] L/M Limited Clientele 570.208(a)(2) [ j S/B Spot 570.208(b)(2) 0 [ ] L/M Housing 570.208(a)(3) [ ] P/A Exempt [ ] Job Creation or Retention 570.208(a)(4) 9. ENVIRONMENTAL REVIEW STATUS: [Xj Exempt (EX) [ j Categorically Excluded (CE) [ ] Categorically Excluded /Exempt (CE /EX) [ ] Assessment Required (AR) 10. DESCRIPTION The HOME Program provides home maintenance/ repairs and homemaker services to the elderly and handicapped residing in Brooklyn Center, Eden Prairie, Edina, Minnetonka and Richfield. The HOME program is provided through and operated by Senior Community Services. This multi -year activity is funded to the extent indicated for the following cooperating units: Cooperating Unit Activitv Bud�i�et Brooklyn Center 002 $ 9,000 Eden Prairie 038 10,000 Edina 045 24,074 Minnetonka 087 14,600 Richfield 117 21.300 Total $78,974 11. GENERAL REQUIREMENTS: Requirements with an "X" are applicable to this activity and are to be included in this section and made a part of this agreement. [X] Supplemental Agreement Type: [X] Non - Profit Agency Senior Community Services [ ] Public Agency [ ] Other An agreement must be executed between subrecipient and any other agency providing a service or implementing an activity on behalf of subrecipient. Said agreement must contain all pertinent sections contained in Subrecipient Agreement and such other requirements as are identified herein. [X] Schedule Activity must be implemented in a timely manner and completed by December 31, 1995. [ ] Labor Standards /Equal Employment Opportunity All construction projects of $2,000 or more and financed in whole or part with federal funds shall comply with the provisions of the Davis - Bacon Act (prevailing wage), the Contract Work Hours and Safety Standards Act and the Copeland (Anti- Kickback) Act. All federally funded or assisted construction contracts or subcontracts of $10,000 or more shall comply with Executive Order 11246, Equal Employment Opportunity, as amended by Executive Order 12086, and the regulations issued pursuant thereto in 41 CFR Part 60. [ ] Procurement Standards and guidelines are established in 24 CFR Part 85.36 for the procurement of supplies, equipment, construction and services for federally assisted programs. All procurement shall be made by one of the following methods. The method used shall be adequately documented and contracts shall contain standard conditions as appropriate. - Small Purchase. (Informal Method) To be followed for the purchase of services, supplies or other property costing in the aggregate not more than $25,000. If small purchase procurement is used, written price or rate quotations must be obtained from an adequate number of qualified sources. - Competitive Sealed Bids. (Formal Advertising) To be followed when the purchase /s, costing in the aggregate, exceeds $25,000. Sealed bids shall be publicly solicited and a firm fixed -price contract is to be awarded to the lowest responsible bidder. This method is preferred for soliciting construction bids. - Competitive Proposals. This method is normally used when more than one source submits an offer, and either a fixed -price or cost - reimbursement type contract is awarded. This method is typically used for procuring professional services. [ ] Section 3 of the Housing and Urban Development Act of 1968 In connection with the planning and implementation of any project assisted under the Act, to the greatest extent feasible, opportunities for training and employment be given to low and moderate income persons residing within the unit of local government or the metropolitan area in which the project is located, and that contracts for work in connection with the project be awarded to eligible business concerns which are located in, or owned in substantial part by persons residing in the same metropolitan area as the project. Contracts for work may include, but are not limited to, contracts for supply of goods and /or services. ( ] Uniform Relocation Assistance and Real Property Acquisition The standards described in 24 CFR 570.606 shall apply to activity that involves the acquisition of real property or the displacement of persons, including displacement caused by rehabilitation and demolition. [ ] Residential Antidisplacement and Relocation Assistance All occupied and vacant occupiable low- moderate income dwelling units demolished or converted to,another use as a direct result of activity shall be replaced and relocation assistance shall be provided to each displaced low- moderate income household in accordance with the Urban Hennepin County CDBG Program Anti- displacement and Relocation Assistance Policy pursuant to Section 1O4(d) of the Housing and Community Development Act of 1974, as amended, and the provisions in 24 CFR 570.606. [ J Property Management The standards described in 24 CFR Part 570.505 Subpart J shall apply to all real property which was acquired or improved in whole or in part using CDBG funds in excess of $25,000. These standards apply for a period of five (5) years after the termination of this agreement. [ ] Land Disposition Agreement This agreement, executed between Hennepin County and the subrecipient community, contains the terms under which the community can acquire and hold land for a specified use and time period. ( J Other Requirements YEAR =1994 lob Member introduced the following resolution and is moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING MAYOR AND CITY MANAGER TO EXECUTE SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY FOR YEAR XX URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WHEREAS, the City of Brooklyn Center has executed a Joint Cooperation Agreement with Hennepin County for the purpose of participating in the 1994 (Year XX) Urban Hennepin County Community Development Block Grant Program; and WHEREAS, Hennepin County is the recipient of an annual grant from the U.S. Department of Housing and Urban Development for purposes of the program, and the City is a subrecipient under the program and receives a share of the grant; and WHEREAS, program regulations require that the City and County execute a Subrecipient Agreement which .sets forth the specific implementation processes for activities to be undertaken with program funds. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Mayor and the City Council are hereby authorized and directed to execute the Subrecipient Agreement for Year XX on behalf of the City. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Council Meeting Date 8/8/94 31 City of Brooklyn Center A Item Numbe Description: Item Descri P Request For Council Consideration • RESOLUTION AUTHORIZING MAYOR AND CITY MANAGER TO EXECUTE THIRD -PARTY AGREEMENTS FOR YEAR XX URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Department Approval: Tom B blitz, Comm nity Development Specialist Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Summary Explanation: su ortin documentation attached Yes ( PP g ) This is a housekeeping resolution for the Year XX Community Development Block Grant program. The resolution would authorize the City to enter into formal agreements with the implementing agencies for Community Development Block Grant (CDBG) activities for Year XX, which covers the period July, 1994, through December, 1995. These agreements are executed as part of each funding cycle for the Urban Hennepin County CDBG program. The EDA serves as the implementing agency for the scattered site acquisition program, which purchases and clears blighted properties under the slum and blight clearance provisions of the CDBG program. Senior Community Services, Inc., provides minor home repair to senior citizens and disabled persons. The amount allocated to the scattered site program for Year XX is $50,000, and the amount allocated to the Home program for Year XX is $9,000. Recommended City Council Action: Staff recommends approval of Resolution Authorizing Mayor and City Manager to Execute Third -Party Agreements for Year XX Urban Hennepin County Community Development Block Grant Program. THIRD PARTY AGREEMENT ON URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THIS AGREEMENT made and entered into by and between the CITY /IES executing this Master Agreement, hereinafter referred to as "City," and the BROOKLYN CENTER ECONOMIC DEVELOPMENT AUTHORITY, hereinafter referred to as "Provider," 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430: WITNESSETH: WHEREAS, the City is a cooperating unit in the Urban Hennepin County Community Development Block Grant Program (CDBG) by virtue of a Joint Cooperation Agreement effective October 1, 1993 and executed between the City and Hennepin County pursuant to MSA 471.59; and WHEREAS, the City executed a Subrecipient Agreement with Hennepin County effective July 1, 1994 which allocates funds from the Fiscal Year 1994 Urban Hennepin County CDBG Program for the purpose of supporting the activities as set forth in Exhibit 1 to this Agreement, hereinafter referred to as "Activities." NOW THEREFORE, in consideration of the mutual covenants and promises contained in this Agreement, the parties hereto mutually agree to the following terms and conditions: 1 . SCOPE OF SERVICES A. Provider agrees to carry out Activities for the City as described in Exhibit 1, subject to the requirements of this Agreement and the stipulations and requirements set forth in Exhibit 1 . B. Provider shall take all necessary actions required to implement Activities and to comply with any related requests by the City, it being understood that the City is responsible to Hennepin County for ensuring compliance with such requirements. Provider also will promptly notify the City of any changes in the scope or character of the Activities. 2. TERM OF AGREEMENT The effective date of this Agreement is July 1, 1994. The termination date of this Agreement is December 31, 1995, or at such time as the Activities are satisfactorily completed prior thereto. Upon expiration, Provider shall relinquish to the City all program funds unexpended or uncommitted for the Activities. 3. NON - ASSIGNMENT Provider shall not assign, subcontract, transfer, or pledge this Agreement and /or the Activities to be performed hereunder, whether whole or in part, without the prior consent of the City. 4. AMENDMENTS TO AGREEMENT Any material alterations, variations, modifications, or waivers of the provisions of this Agreement shall only be valid when reduced to writing as an Amendment to this Agreement signed, approved and properly executed by the authorized representatives of the parties. All Amendments to this Agreement shall be made a part of this Agreement by inclusion as a numbered Exhibit, which shall be attached at the time of any Amendment. Substantial change is defined as a change in (1) beneficiary; (2) project location; (3) purpose; or (4) scope, (more than a 50% increase or decrease in the original budget or $ 10,000, whichever is greater), in any authorized Activity. The total budget of multi - community activities will be used in determining substantial change. 5. PAYMENT OF CDBG FUNDS The City agrees to provide Provider with CDBG funds not to exceed the budget as described in Exhibit 1, to enable Provider to carry out the Activities. It is understood that the City shall be held accountable to Hennepin County for the lawful expenditure of CDBG funds under this Agreement. The City shall, therefore, make no payment of funds to Provider and draw no funds from Hennepin County on behalf of Provider prior to having received from Provider a request for reimbursement, including copies of all documents and records needed to ensure that Provider has complied with all appropriate regulations and requirements. 6. INDEMNITY AND INSURANCE A. Provider does hereby agree to release, indemnify, and hold harmless the City from and against all costs, expenses, claims, suits, or judgments arising from or growing out of any injuries, loss, or damage sustained by any person or corporation, including employees of Provider and property of Provider, which are caused by or sustained in connection with the tasks carried out by Provider under this Agreement. B. Provider does further agree that, in order to protect itself as well as the City under the indemnity agreement provisions hereinabove set forth, it will at all times during the term of this Agreement and any renewal thereof have and keep in force: a single limit or combined limit or excess umbrella commercial and general liability insurance policy of an amount of not less than $ 1,000,000 for property damage arising from one occurrence, $ 1,000,000 for damages arising from death and /or total bodily injuries arising from one occurrence, and $ 1,000,000 for total personal injuries arising from one occurrence. Such policy shall also include contractual liability coverage protecting the City, its officers, agents, and employees by a certificate acknowledging this Agreement between Provider and the City. 2 7. CONFLICT OF INTEREST A. In the procurement of supplies, equipment, construction, and services by Provider, the conflict of interest provisions in 24 CFR 85.36 and OMB Circular A -1 10 shall apply. B. In all other cases, the provisions of 24 CFR 570.611 shall apply. 8. DATA PRIVACY Provider agrees to abide by the provisions of the Minnesota Government Data Practices Act and all other applicable state and federal laws, rules, and regulations relating to data privacy or confidentiality, and as any of the same may be amended. Provider agrees to defend and hold the City, its officers, agents, and employees harmless from any claims resulting from Provider's unlawful disclosure and /or use of such protected data. 9. SUSPENSION AND TERMINATION A. if Provider materially fails to comply with any term of this Agreement or so fails to administer the work as to endanger the performance of this Agreement, this shall constitute noncompliance and a default. Unless Provider's default is excused by the City, the City may take one or more of the actions prescribed in 24 CFR 85.43, including the option of immediately cancelling this Agreement in its entirety. B. The City's failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement. C. This Agreement may be cancelled with or without cause by either party upon 30 days written notice according to the provisions in 24 CFR 85.44. D. CDBG funds allocated to Provider under this Agreement may not be obligated or expended by Provider following such date of termination. Any funds allocated to Provider under this Agreement which remain unobligated or unspent following such date of termination shall automatically revert to the City. 10. REVERSION OF ASSETS Upon expiration or termination of this Agreement, Provider shall transfer to the City any CDBG funds on hand or in the accounts receivable attributable to the use of CDBG funds, including CDBG funds provided to Provider in the form of a loan. Any real property acquired or improved, in whole or in part, using CDBG funds in excess of $25,000 shall either be: 3 A. Used to meet one of the national objectives in 24 CFR 570.208 and not used for ID the general conduct of government until: (1) For units of general local government, five years from the date that the unit of general local government is no longer considered by HUD to be a part of Urban Hennepin County; or (2) For any other Provider, five years after expiration of this Agreement; Or, B. Not used in accordance with A. above, in which event Provider shall pay to the City an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non -CDBG funds for acquisition of, or improvement to, the property. The payment is program income to the City. No payment is required after the period of time specified in A. above. 11. PROCUREMENT Provider shall be responsible for procurement of all supplies, equipment, services, and construction necessary for implementation of the Activities. Procurement shall be carried out in accordance with the requirements of 24 CFR Part 85, and OMB Circulars A -110, A -122, as applicable. Provider shall prepare, or cause to be prepared, all advertisements, negotiations, notices, and documents; enter into all contracts; and conduct all meetings, conferences, and interviews, as necessary, to ensure compliance with the above described procurement requirements. 12. ACQUISITION, RELOCATION AND DISPLACEMENT A. Provider shall be responsible for carrying out all acquisitions of real property necessary for implementation of Activities. Provider shall conduct all such acquisitions in its name and shall hold title to all real property purchased. Provider shall be responsible for preparation of all notices, appraisals, and documentation required in conducting acquisition under the latest applicable regulations of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 and of the CDBG Program. Provider shall also be responsible for providing all relocation notices, counseling, and services required by said regulations. B. Provider shall comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as required under 24 CFR 570.606(a) and HUD implementing regulations at 24 CFR Part 42; the requirements in 24 CFR 570.606(b) governing the residential anti - displacement and relocation assistance plan under section 104(d) of the Housing and Community Development Act of 1974 (the Act); the relocation requirements of 24 CFR 570.606(c) governing displacement subject to Section 104(k) of the Act; and the requirements of 24 CFR 570.606(d) governing optional relocation assistance under Section 105(a)(1 1) of the Act, as pertaining to the Activities. 4 13. ENVIRONMENTAL REVIEW Provider shall provide all necessary information and relevant documents to the City to enable the City and Hennepin County to maintain the environmental review record on all Activities. 14. LABOR STANDARDS, EMPLOYMENT AND CONTRACTING The City shall be responsible for the preparation of all requests to Hennepin County for HUD wage rate determinations on Activities. The Provider shall notify the City prior to initiating Activity, including advertising for contractual services, which will include costs likely to be subject to the provisions of Federal Labor Standards and Equal Employment Opportunity and related implementing regulations. 15. PROGRAM INCOME Any program income generated as a result of any Activities shall be forwarded immediately to the City upon receipt by Provider and the provisions of 24 CFR 570.504 shall apply. 16. USE OF REAL PROPERTY The following standards shall apply to real property acquired or improved through Activities, in whole or in part, using CDBG funds: A. Provider shall inform the City at least 30 days prior to any modification or change in the use of the real property from that planned at the time of acquisition or improvements, including disposition. B. Provider shall reimburse the City in an amount equal to the current fair market value (less any portion thereof attributable to expenditures of non -CDBG funds) of property acquired or improved with CDBG funds that is sold or transferred for a use which does not qualify under the CDBG regulations. Said reimbursement shall be provided to the City at the time of sale or transfer of the property. Such reimbursement shall not be required if the conditions of 24 CFR 570.503(b)(8)(i) are met and satisfied. Fair market value shall be established by a current written appraisal by a qualified appraiser. The City will have the option of requiring a second appraisal after review of the initial appraisal. 17. ADMINISTRATIVE REQUIREMENTS The uniform administrative requirements delineated in 24 CFR 570.502 and any and all administrative requirements or guidelines promulgated by Hennepin County shall apply to all Activities undertaken by Provider as provided in this Agreement and to any program income generated therefrom. 5 S. AFFIRMATIVE ACTION AND EQUAL OPPORTUNITY A. During the performance of this Agreement, Provider agrees to the following: In accordance with the Hennepin County Affirmative Action Policy and the County Commissioners' Policies Against Discrimination, no person shall be excluded from full employment rights or participation in, or the benefits of, any program, service or activity on the grounds of race, color, creed, religion, age, sex, disability, marital status, affectional /sexual preference, public assistance status, ex- offender status, or national origin; and no person protected by applicable federal or state laws against discrimination shall otherwise be subjected to discrimination. B. Provider will furnish all information and reports required to comply with the provisions of 24 CFR Part 570 and all applicable state and federal laws, rules, and regulations pertaining to discrimination and equal opportunity. 19. NON - DISCRIMINATION BASED ON DISABILITY A. Provider shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, to ensure that no otherwise qualified individual with a handicap, as defined in Section 504, shall, solely by reason of his or her handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination by Provider receiving assistance from the City under Section 106 and/or Section 108 of the Housing and Community Development Act of 1974, as amended. B. When and where applicable, Provider shall comply with Public Law 101 -336 Americans With Disabilities Act of 1990, Title I "Employment," Title 11 "Public Services" - Subtitle A, and Title III "Public Accommodations and Services Operated By Private Entities" and all ensuing federal regulations implementing said Act. 20. LEAD -BASED PAINT Provider shall comply with the Lead -Based Paint notification, inspection, testing and abatement procedures established in 24 CFR 570.608. 21. FAIR HOUSING Provider shall be prohibited from receiving CDBG funds for Activities subject to this Agreement if it impedes actions taken by the City to comply with the City's fair housing certification. 6 22. LOBBYING A. No federal appropriated funds have been paid or will be paid, by or on behalf of Provider, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. B. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement Provider will complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 23. OTHER CDBG POLICIES Provider shall comply with the general condition of 24 CFR 570.200, particularly sections: (b) Special policies governing facilities; (f) Means of carrying out eligible activities; and (j) Constitutional prohibitions concerning church /state activities. 24. TECHNICAL ASSISTANCE The City agrees to provide technical assistance to Provider in the form of oral and /or written guidance and on -site assistance regarding CDBG procedures and project management. This assistance will be provided as requested by Provider, and at other times at the initiative of the City when new or updated information concerning the CDBG Program is received by the City from Hennepin County and deemed necessary to be provided to Provider. 25. RECORDKEEPING AND ACCESS TO RECORDS Provider shall maintain records for the receipt and expenditure of all CDBG funds it receives, such records to be maintained in accordance with OMB Circular A -1 10 and A- 122, as applicable. All records shall be made available upon request of the City for monitoring by the City. The City shall have authority to review any and all procedures and all materials, notices, documents, etc., prepared by Provider in implementation of the Activities and Provider agrees to provide all information required by any person authorized by the City to request such information from Provider for the purpose of reviewing the same. 7 26. AUDIT A. Provider agrees to provide City or Hennepin 9 P Y Count with an annual audit re P Y port consistent with the provisions of OMB Circular A -1 10 Uniform Requirements for Grants to Universities, Hospitals and Non - Profit Organizations, OMB Circular A- 122 Cost Principles for Non - Profit Organizations, and OMB Circular A -133 Audits of Institutions of Higher Education and Other Non - Profit Institutions. (1) The audit report is to be provided to City or Hennepin County on July 1 of each year this Agreement is in effect and any findings of non - compliance affecting the use of CDBG funds shall be satisfied by Provider within 6 months of the provision date. (2) The audit is not required, however, in those instances where less than $25,000 in assistance is received from all federal sources in any one fiscal year. (3) The cost of the audit is not reimbursable from CDBG funds. (4) City reserves the right to recover from Provider the full amount of any CDBG funds found to be improperly expended or otherwise disallowed. B. Provider's assurance and certification regarding its financial management system is attached hereto as Exhibit 2 and incorporated herein by reference. 8 CITY EXECUTION The City of having duly approved this Agreement on 1994, and pursuant to such approval and the proper city officials having signed this Agreement, the city agrees to be bound by the provisions herein set forth. Upon proper execution, this Agreement will be legally valid and binding. Dated: 1994 CITY OF BROOKLYN CENTER STATE OF MINNESOTA By Its Mayor And Its City Manager 9 PROVIDER EXECUTION Provider, having signed this Agreement and the City having duly approved this Y 9 Y PP Agreement, and pursuant to such approval and the proper officials having signed this Agreement, Provider agrees to be bound by the provisions of this Agreement. ECONOMIC DEVELOPMENT AUTHORITY Dated: 1994 PROVIDER: IN AND FOR THE CITY OF BROOKLYN CENTER By Its President And Its Executive Director STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 1994, by and , the and the of , a Minnesota on behalf of said Notary Public 10 THIRD PARTY AGREEMENT URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM EXHIBIT 1 The Cit /ies, as identified in this Y Exhibit will rovi p de the Provider with Urban Hennepin County Community Development Block Grant funds in the not-to-exceed p am ount indicated to assist s st Pr vi r ' o de in funding he activi g ty /ies in the amount and under the stipulations individually specified in the Project Description /Projected Use of Funds attached hereto: PROJECT DESCRIPTION URBAN HENNEPIN COUNTY CDBG STATEMENT OF PROJECTED USE OF FUNDS YEAR XX/1994 1. COOPERATING UNIT Brooklyn Center 2. ACTIVITY Scattered Site Redevelopment 3. LOCATION ADDRESS 6715 -6721 Humboldt Ave. No. CENSUS TRACT: 202 4. NUMBER 003 5. ACCOUNT NUMBER 59680 6. BUDGET /SOURCES / ES $50,000 / FY 1994 CDBG -0- / Program Income $50,000 / TOTAL 7. ELIGIBILITY CITATION 570.201(a) 8. NATIONAL OBJECTIVE CITATION: [ ] L/M Area Benefit 570.208(a)(1) ( ] S/B Area 570.208(b)(1) ( ] L/M Limited Clientele 570.208(a)(2) (X] S/B Spot 570.208(b)(2) ( ] L/M Housing 70:208 a 3 ) [ ] P/A Exempt g ( )( ] Job Creation or Retention ( i n 570 .208(a)(4) 9. ENVIRONMENTAL REVIEW STATUS: ( ] Exempt (EX) [ ] Categorically Excluded (CE) ( Categorically Excluded / Exempt ] Exem CE EX g y P [X] Assessment Required (AR) Funds released 2/16/93. 10. DESCRIPTION Funds will be used to continue reimburse- ment to the Brooklyn Center Economic Development Authority for the cost of acquisition and clearance through demolition of four (4) four plex apartment buildings at 6715, 6717, 6719 and 6721 Humboldt Ave. No. This is a multi -year activity which received environmental clearance on February 16, 1993. 11. GENERAL REQUI Requirements with an "X" are applicable to this activity and are to be included in this section and made a part of this agreement. [X] Supplemental Agreement Type: [ ] Non - Profit Agency [X] Public Agency Brooklyn Center EDA [ ] Other An agreement must be executed between subrecipient and any other agency providing a service or implementing an activity on behalf of subrecipient. Said agreement must contain all pertinent sections contained in Subrecipient Agreement and such other requirements as are identified herein. [X] Schedule Activity must be implemented in a timely manner and completed by December 31, 1995. [ ] Labor Standards /Equal Employment Opportunity All construction projects of $2,000 or more and financed in whole or part with federal funds shall comply with the provisions of the Davis -Bacon Act (prevailing wage), the Contract Work Hours and Safety Standards Act and the Copeland (Anti- Kickback) Act. All federally funded or assisted construction contracts or sub- contracts of $10,000 or more shall comply with Executive Order 11246, Equal Employment Opportunity, as amended by Executive Order 12086, and the regulations issued pursuant thereto in 41 CFR Part 60. [ ] Procurement Standards and guidelines are established in 24 CFR Part 85.36 for the procurement of supplies, equipment, construction and services for federally assisted programs. All procurement shall be made by one of the following methods. The method used shall be adequately documented and contracts shall contain standard conditions as appropriate. - Small Purchase. (Informal Method) To be followed for the purchase of services, supplies or other property costing in the aggregate not more than $25,000. If small purchase procurement is used, written price or rate quotations must be obtained from an adequate number of qualified sources. - Competitive Sealed Bids. (Formal Advertising) To be followed when the purchase /s, costing in the aggregate, exceeds $25,000. Sealed bids shall be publicly solicited and a firm fixed -price contract is to be awarded to the lowest responsible bidder. This method is preferred for soliciting construction bids. - Competitive Proposals. This method is normally used when more than one source submits an offer, and either a fixed -price or cost - reimbursement type contract is awarded. This method is typically used for procuring professional services. [ ] Section 3 of the Housing and Urban Development Act of 1968 In connection with the planning and implementation of any project assisted under the Act, to the greatest extent feasible, oppor- tunities for training and employment be given to low and moderate income persons residing within the unit of local government or the metropolitan area in which the project is located, and that contracts for work in connection with the project be awarded to eligible business concerns which are located in, or owned in substantial part by persons residing in the same metropolitan area as the project. Contracts for work may include, but are not limited to, contracts for supply of goods and /or services. [X] Uniform Relocation Assistance and Real Property Acquisition The standards described in 24 CFR 570.606 shall apply to activity that involves the acquisition of real property or the displacement of persons, including displacement caused by rehabilitation and demolition. [X] Residential Antidisplacement and Relocation Assistance All occupied and vacant occupiable low- moderate income dwelling units demolished or converted to another use as a direct result of activity shall be replaced and relocation assistance shall be provided to each displaced low- moderate income household in accor- dance with the Urban Hennepin County CDBG Program Anti - displacement and Relocation Assistance Policy pursuant to Section 104(d) of the Housing and Community Development Act of 1974, as amended, and the provisions in 24 CFR 570.606. [X] Property Mana e� mert The standards described in 24 CFR Part 570.505 Subpart J shall apply to all real property which was acquired or improved in whole or in part using CDBG funds in excess of $25,000. These standards apply for a period of five (5) years after the termination of this agreement. [ ] Land Disposition Agreement This agreement, executed between Hennepin County and the subrecipient community, contains the terms under which the community can acquire and hold land for a specified use and time period. P p [ ] Other Requirements YEAR XX /1994 THIRD PARTY AGREEMENT URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THIS AGREEMENT made and entered into by and between the CITY /IES executing this Master Agreement, hereinafter referred to as "City," and the SENIOR COMMUNITY SERVICES, heinafter referred to as "Provider," 10709 Wayzata Boulevard, Minnetonka, MN 55305: WITNESSETH: WHEREAS, the City is a cooperating unit in the Urban Hennepin County Community Development Block Grant Program (CDBG) by virtue of a Joint Cooperation Agreement effective October 1, 1993 and executed between the City and Hennepin County pursuant to MSA 471.59; and WHEREAS, the City executed a Subrecipient Agreement with Hennepin County effective July 1, 1994 which allocates funds from the Fiscal Year 1994 Urban Hennepin County CDBG Program for the purpose of supporting the activities as set forth in Exhibit 1 to this Agreement, hereinafter referred to as "Activities." NOW THEREFORE, in consideration of the mutual covenants and promises contained in this Agreement, the parties hereto mutually agree to the following terms and conditions: 1. SCOPE OF SERVICES A. Provider agrees to carry out Activities for the City as described in Exhibit 1, subject to the requirements of this Agreement and the stipulations and requirements set forth in Exhibit 1 . B. Provider shall take all necessary actions required to implement Activities and to comply with any related requests by the City, it being understood that the City is responsible to Hennepin County for ensuring compliance with such requirements. Provider also will promptly notify the City of any changes in the scope or character of the Activities. 2. TERM OF AGREEMENT The effective date of this Agreement is July 1, 1994. The termination date of this Agreement is December 31, 1995, or at such time as the Activities are satisfactorily completed prior thereto. Upon expiration, Provider shall relinquish to the City all program funds unexpended or uncommitted for the Activities. 3. NON - ASSIGNMENT Provider shall not assign, subcontract, transfer, or pledge this Agreement and /or the Activities to be performed hereunder, whether whole or in part, without the prior consent of the City. 4. AMENDMENTS TO AGREEMENT Any material alterations variations modifications, cations, o waivers of the provisions of this Agreement shall only be valid when reduced to writing as an Amendment to this Agreement signed, approved and properly executed by the authorized representatives of the parties. All Amendments to this Agreement shall be made a part of this Agreement by inclusion as a numbered Exhibit, which shall be attached at the time of any Amendment. Substantial change is defined as a change in (1) beneficiary; (2) project location; (3) purpose; or (4) scope, (more than a 50% increase or decrease in the original budget or $10,000, whichever is greater), in any authorized Activity. The total budget of multi- community activities will be used in determining substantial change. 5. PAYMENT OF CDBG FUNDS The City agrees to provide Provider with CDBG funds not to exceed the budget as described in Exhibit 1, to enable Provider to carry out the Activities. It is understood that the City shall be held accountable to Hennepin County for the lawful expenditure of CDBG funds under this Agreement. The City shall, therefore, make no payment of funds to Provider and draw no funds from Hennepin County on behalf of Provider prior to having received from Provider a request for reimbursement, including copies of all documents and records needed to ensure that Provider has complied with all appropriate regulations and requirements. 9 is . q 6. INDEMNITY AND INSURANCE A. Provider does hereby agree to release, indemnify, and hold harmless the City from and against all costs, expenses, claims, suits, or judgments arising from or growing out of any injuries, loss, or damage sustained by any person or corporation, including employees of Provider and property of Provider, which are caused by or sustained in connection with the tasks carried out by Provider under this Agreement. B. Provider does further agree that, in order to protect itself as well as the City under the indemnity agreement provisions hereinabove set forth, it will at all times during the term of this Agreement and any renewal thereof have and keep in force: a single limit or combined limit or excess umbrella commercial and general liability insurance policy of an amount of not less than $1,000,000 for property damage arising from one occurrence, 51,000,000 for damages arising from death and /or total bodily injuries arising from one occurrence, and 51,000,000 for total personal injuries arising from one occurrence. Such policy shall also include contractual liability coverage protecting the City, its officers, agents, and employees by a certificate acknowledging this Agreement between Provider and the City. 2 7. CONFLICT OF INTEREST A. In the procurement of supplies, equipment, construction, and services by Provider, the conflict of interest provisions in 24 CFR 85.36 and OMB Circular A -1 10 shall apply. B. In all other cases, the provisions of 24 CFR 570.611 shall apply. 8. DATA PRIVACY Provider agrees to abide by the provisions of the Minnesota Government Data Practices Act and all other applicable state and federal laws, rules, and regulations relating to data privacy or confidentiality, and as any of the same may be amended. Provider agrees to defend and hold the City, its officers, agents, and employees harmless from any claims resulting from Provider's unlawful disclosure and /or use of such protected data. 9. SUSPENSION AND TERMINATION A. If Provider materially fails to comply with any term of this Agreement or so fails to administer the work as to endanger the performance of this Agreement, this shall constitute noncompliance and a default. Unless Provider's default is excused by the City, the City may take one or more of the actions prescribed in 24 CFR 85.43, including the option of immediately cancelling this Agreement in its entirety. B. The City's failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement. C. This Agreement may be cancelled with or without cause by either party upon 30 days written notice according to the provisions in 24 CFR 85.44. D. CDBG funds allocated to Provider under this Agreement may not be obligated or expended by Provider following such date of termination. Any funds allocated to Provider under this Agreement which remain unobligated or unspent following such date of termination shall automatically revert to the City. 10. REVERSION OF ASSETS Upon expiration or termination of this Agreement, Provider shall transfer to the City any CDBG funds on hand or in the accounts receivable attributable to the use of CDBG funds, including CDBG funds provided to Provider in the form of a loan. Any real property acquired or improved, in whole or in part, using CDBG funds in excess of $25,000 shall either be: 3 A. Used to meet one of the national objectives in 24 CFR 570.208 and not used for 0 the general conduct of government until: (1) For units of general local government, five years from the date that the unit of general local government is no longer considered by HUD to be a part of Urban Hennepin County; or (2) For any other Provider, five years after expiration of this Agreement; Or, B. Not used in accordance with A. above, in which event Provider shall pay to the City an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non -CDBG funds for acquisition of, or improvement.to, the property. The payment is program income to the City. No payment is required after the period of time specified in A. above. 11. PROCUREMENT Provider shall be responsible for procurement of all supplies, equipment, services, and construction necessary for implementation of the Activities. Procurement shall be carried out in accordance with the requirements of 24 CFR Part 85, and OMB Circulars A -110, A -122, as applicable. Provider shall prepare, or cause to be prepared, all advertisements, negotiations, notices, and documents; enter into all contracts; and conduct all meetings, conferences, and interviews, as necessary, to ensure compliance with the above described procurement requirements. 12. ACQUISITION, RELOCATION AND DISPLACEMENT A. Provider shall be responsible for carrying out all acquisitions of real property necessary for implementation of Activities. Provider shall conduct all such acquisitions in its name and shall hold title to all real property purchased. Provider shall be responsible for preparation of all notices, appraisals, and documentation required in conducting acquisition under the latest applicable regulations of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 and of the CDBG Program. Provider shall also be responsible for providing all relocation notices, counseling, and services required by said regulations. B. Provider shall comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as required under 24 CFR 570.606(a) and HUD implementing regulations at 24 CFR Part 42; the requirements in 24 CFR 570.606(b) governing the residential anti - displacement and relocation assistance plan under section 104(d) of the Housing and Community Development Act of 1974 (the Act); the relocation requirements of 24 CFR 570.606(c) governing displacement subject to Section 104(k) of the Act; and the requirements of 24 CFR 570.606(d) governing optional relocation assistance under Section 105(a)(1 1) of the Act, as pertaining to the Activities. is 4 13. ENVIRONMENTAL REVIEW Provider shall provide all necessary information and relevant documents to the City to enable the City and Hennepin County to maintain the environmental review record on all Activities. 14. LABOR STANDARDS EMPLOYMENT AND CONTRACTING The City shall be responsible for the preparation of all requests to Hennepin County for HUD wage rate determinations on Activities. The Provider shall notify the City prior to initiating Activity, including advertising for contractual services, which will include costs likely to be subject to the provisions of Federal Labor Standards and Equal Employment Opportunity and related implementing regulations. 15. PROGRAM INCOME Any program income generated as a result of any Activities shall be forwarded immediately to the City upon receipt by Provider and the provisions of 24 CFR 570.504 shall apply. 16. USE OF REAL PROPERTY The following standards shall apply to real property acquired or improved through Activities, in whole or in part, using CDBG funds: A. Provider shall inform the City at least 30 days prior to any modification or change in the use of the real property from that planned at the time of acquisition or improvements, including disposition. B. Provider shall reimburse the City in an amount equal to the current fair market value (less any portion thereof attributable to expenditures of non -CDBG funds) of property acquired or improved with CDBG funds that is sold or transferred for a use which does not qualify under the CDBG regulations. Said reimbursement shall be provided to the City at the time of sale or transfer of the property. Such reimbursement shall not be required if the conditions of 24 CFR 570.503(b)(8)(i) are met and satisfied. Fair market value shall be established by a current written appraisal by a qualified appraiser. The City will have the option of requiring a second appraisal after review of the initial appraisal. 17. ADMINISTRATIVE REQUIREMENTS The uniform administrative requirements delineated in 24 CFR 570.502 and any and all administrative requirements or guidelines promulgated by Hennepin County shall apply to all Activities undertaken by Provider as provided in this Agreement and to any program income generated therefrom. 5 18. AFFIRMATIVE ACTION AND EQUAL OPPORTUNITY A. During the performance of this Agreement, Provider agrees to the following: In accordance with the Hennepin County Affirmative Action Policy and the County Commissioners' Policies Against Discrimination, no person shall be excluded from full employment rights or participation in, or the benefits of, any program, service or activity on the grounds of race, color, creed, religion, age, sex, disability, marital status, affectional /sexual preference, public assistance status, ex- offender status, or national origin; and no person protected by applicable federal or state laws against discrimination shall otherwise be subjected to discrimination. B. Provider will furnish all information and reports required to comply with the provisions of 24 CFR Part 570 and all applicable state and federal laws, rules, and regulations pertaining to discrimination and equal opportunity. 19. NON - DISCRIMINATION BASED ON DISABILITY A. Provider shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, to ensure that no otherwise qualified individual with a handicap, as defined in Section 504, shall, solely by reason of his or her handicap, be excluded from participation in, be denied the benefits of,'or be subjected to discrimination by Provider receiving assistance from the City under Section 106 and /or Section 108 of the Housing and Community Development Act of 1974, as amended. B. When and where applicable, Provider shall comply with Public Law 101 -336 Americans With Disabilities Act of 1990, Title I "Employment," Title II "Public Services" - Subtitle A, and Title III "Public Accommodations and Services Operated By Private Entities" and all ensuing federal regulations implementing said Act. 20. LEAD -BASED PAINT Provider shall comply with the Lead -Based Paint notification, inspection, testing and abatement procedures established in 24 CFR 570.608. 21. FAIR HOUSING Provider shall be prohibited from receiving CDBG funds for Activities subject to this Agreement if it impedes actions taken by the City to comply with the City's fair housing certification. 6 22. LOBBYING A. No federal appropriated funds have been paid or will be paid, by or on behalf of Provider, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. B. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement Provider will complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 23. OTHER CDBG POLICIES Provider shall comply with the general condition of 24 CFR 570.200, particularly sections: (b) Special policies governing facilities; (f) Means of carrying out eligible activities; and (j) Constitutional prohibitions concerning church /state activities. 24. TECHNICAL ASSISTANCE The City agrees to provide technical assistance to Provider in the form of oral and /or written guidance and on -site assistance regarding CDBG procedures and project management. This assistance will be provided as requested by Provider, and at other times at the initiative of the City when new or updated information concerning the CDBG Program is received by the City from Hennepin County and deemed necessary to be provided to Provider. 25. RECORDKEEPING AND ACCESS TO RECORDS Provider shall maintain records for the receipt and expenditure of all CDBG funds it receives, such records to be maintained in accordance with OMB Circular A -1 10 and A- 122, as applicable. All records shall be made available upon request of the City for monitoring by the City. The City shall have authority to review any and all procedures and all materials, notices, documents, etc., prepared by Provider in implementation of the Activities and Provider agrees to provide all information required by any person authorized by the City to request such information from Provider for the purpose of reviewing the same. 7 26. AUDIT A. Provider agrees to rovide City or Hennepin Count with P Y p y an annual audit report consistent with the provisions of OMB Circular A -1 10 Uniform Requirements for Grants to Universities, Hospitals and Non - Profit Organizations, OMB Circular A- 122 Cost Principles for Non - Profit Organizations, and OMB Circular A -133 Audits of Institutions of Higher Education and Other Non - Profit Institutions. (1) The audit report is to be provided to City or Hennepin County on July 1 of each year this Agreement is in effect and any findings of non- compliance affecting the use of CDBG funds shall be satisfied by Provider within 6 months of the provision date. (2) The audit is not required, however, in those instances where less than $25,000 in assistance is received from all federal sources in any one fiscal year. (3) The cost of the audit is not reimbursable from CDBG funds. (4) City reserves the right to recover from Provider the full amount of any CDBG funds found to be improperly expended or otherwise disallowed. B. Provider's assurance and certification regarding its financial management system is attached hereto as Exhibit 2 and incorporated herein by reference. 8 CITY EXECUTION The City of having duly approved this Agreement on 1994, and pursuant to such approval and the proper city officials having signed this Agreement, the city agrees to be bound by the provisions herein set forth. Upon proper execution, this Agreement will be legally valid and binding. Dated: 1994 CITY OF BROOKLYN CENTER STATE OF MINNESOTA By Its Mayor And Its City Manager 9 PROVIDER EXECUTION Provider, having signed this Agreement and the City having duly approved Y 9 Y this Agreement, and pursuant to such approval and the proper officials having signed this Agreement, Provider agrees to be bound by the provisions of this Agreement. Dated: 1994 PROVIDER: By Its And Its STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 1994, by and , the and the of a Minnesota on behalf of said Notary Public 10 I THIRD PARTY AGREEMENT URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM EXHIBIT 1 The City /ies, as identified in this Exhibit, will provide the Provider with Urban Hennepin County Community Development Block Grant funds in the not -to- exceed amount indicated to assist Provider in funding the activity /ies in the amount and under the stipulations individually specified in the Project Description /Projected Use of Funds attached hereto: PROJECT DESCRIPTION URBAN HENNEPIN COUNTY CDBG STATEMENT OF PROJECTED USE OF FUNDS YEAR XX /1994 1. COOPERATING UNIT See Below 2. ACTIVITY Public Service - H.O.M.E. Program (Household & Outside Maintenance for 3. LOCATION Elderly) ADDRESS Citywide CENSUS TRACT 4. NUMBER See Below 5. ACCOUNT NUMBER 59970 6. BUDGET /SOURCES $78,974 / FY 1994 CDBG -Oz .- / Program Income S78,974 / TOTAL 7. ELIGIBILITY CITATION 570.201(e) 8. NATIONAL OBJECTIVE CITATION: ( j L/M Area Benefit 570.208(a)(1) ( ] S/B Area 570.208(b)(1) [XI L/M Limited Clientele 570.208(a)(2) ( J S/B Spot 570.208(b)(2) [ j L/M Housing 570.208(a)(3) ( ] P/A Exempt ( Job Creation or Retention 570.208(a)(4) 9. ENVIRONMENTAL REVIETW STATUS: [XI c �' ..:temrt � ( Categorically Excluded (CE) ( 1 Categorically Excluded /Exempt (CE /EX) ( i Assessment Required (AR) 10. DESCRIPTION The HOME Program provides home maintenance/ repairs and homemaker services to the elderly and handicapped residing in Brooklyn Center, Eden Prairie, Edina, Minnetonka and Richfield. The HOME program is provided through and operated b Senior Commu g y i y Services. This multi -year activity is funded to the extent indicated for the following cooperating units: CooDerating Unit Activity= Budeet Brooklyn Center 002 $ 9,000 Eden Prairie 038 10,000 Edina 045 24,074 Minnetonka 087 14,600 Richfield 117 21.300 Total $78,974 Il. GENERAL REQUIREMENTS: Requirements with an "X" are applicable to this activity and are to be included in this section and made a part of this agreement. (X] Sunolemental Agreement Type: (X] Non - Profit Agency Senior Community Services ( ] Public Agency ( ] Other An agreement must be executed between subrecipient and any other agency providing a service or implementing an activity on behalf of subrecipient. Said agreement must contain all pertinent sections contained in Subrecipient Agreement and such other requirements as are identified herein. (X] Schedule Activity must be implemented in a timely manner and completed by December 31, 1995. ( ] Labor Standards /Equal Employment Opportunity All construction projects of $2,000 or more and financed in whole or part with federal funds shall comply with the provisions of the Davis - Bacon Act (prevailing wage), the Contract Work Hours and Safety Standards Act and the Copeland (Anti - Kickback) Act. All federally funded or assisted construction contracts or subcontracts of $10,000 or more shall comply with Executive Order 11246, Equal Employment Opportunity, as amended by Executive Order 12086, and the regulations issued pursuant thereto in 41 CFR Part 60. ( ] Procurement Standards and guidelines are established in 24 CFR Part 85.36 for the procurement of supplies, equipment, construction and services for federally assisted programs. All procurement shall be made by one of F t�.e following methods. The method used shall be adequately documented and contracts shall contain standard conditions as appropriate. - Small Purchase. (Informal Method) To be followed for the purchase of services, supplies or other property p, p p costing g in the aggregate not more than $25,000. If small purchase procurement is used, written price or rate quotations must be obtained from an adequate number of qualified sources. - Competitive Sealed Bids. (Formal Advertising) To be followed when the purchase /s, costing in the aggregate, exceeds $25,000. Sealed bids shall be publicly solicited and a firm fixed -price contract is to be awarded to the lowest responsible bidder. This method is preferred for soliciting construction bids. - Competitive Proposals. This method is normally used when more than one source submits an offer, and either a fixed -price or cost - reimbursement type contract is awarded. This method is typically used for procuring professional services. [ ] Section 3 of the Housing and Urban Developme*�t Act of 1968 In connection with the planning and implementation of any project assisted under the Act, to the greatest extent feasible, opportunities for training and employment be given to low and moderate income persons residing within the unit of local government or the metropolitan area in which the project is located, and that contracts for work in connection with the project be awarded to eligible business concerns which are located in, or owned in substantial part by persons residing in the same metropolitan area as the project. Contracts for work may include, but are not limited to, contracts for supply of goods and /or services. [ 1 Uniform Relocation Assistance and Real Property Acquisition The standards described in 24 CFR 570.606 shall apply to activity that involves the acquisition of real property or the displacement of persons, including displacement caused by rehabilitation and demolition. ( ] Residential Antidisplacement and Relocation Assistance All occupied and vacant occupiable low - moderate income dwelling units demolished or converted to another use as a direct result of activity shall be replaced and relocation assistance shall be provided to each displaced low- moderate income household in accordance with the Urban Hennepin County CDBG Program Anti- displacement and Relocation Assistance Policy pursuant to Section 104(d) of the Housing and Community Development Act of 1974, as amended, and the provisions in 24 CFR 570.606. [ j Property Management The standards described in 24 CFR Part 570.505 Subpart J shall apply to all real property which was acquired or improved in whole or in part using CDBG funds in excess of $25,000. These standards apply for a period of five (5) years after the termination of this agreement. [ J Land Disposition Agreement This agreement, executed between Hennepin County and the subrecipient community, contains the terms under which the community can acquire and hold land for a specified use and time period. ( J Other Requirements YMAR XX 11994 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING MAYOR AND CITY MANAGER TO EXECUTE THIRD -PARTY AGREEMENTS FOR YEAR XX URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WHEREAS, the City Council of the City of Brooklyn Center has authorized a Subrecipient Agreement with Hennepin County for the Year XX Urban Hennepin County Community Development Block Grant Program; and WHEREAS, the Economic Development Authority in and for the City of Brooklyn Center and Senior Community Services, Inc., serve as providers of Community Development Block Grant activities in the City of Brooklyn Center. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that its Mayor and City Manager are hereby authorized to execute third -party agreements between the City of Brooklyn Center, the Economic Development Authority in and for the City of Brooklyn Center and Senior Community Services, Inc., for the purpose of implementing Year XX Community Development Block Grant activities. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Council Meeting Date 8/8/94 31 City of Brooklyn Center Agenda Item Number Request For Council Consideration Item Description: RESOLUTION CALLING FOR A PUBLIC HEARING RELATIVE TO THE TREATMENT OF UNITY PLACE (FORMERLY "THE PONDS") AS A LEASEHOLD COOPERATIVE Department Approval: / ��_ � Tom Bliblitz, Community Development Specialist Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: ® Summary Explanation: (supporting documentation attached Yes At the December 6, 1993, City Council meeting, the City Council approved the issuance of up to 5.4 million dollars in housing revenue bonds for the acquisition and rehabilitation of The Ponds multi - family housing project. The issuance of these revenue bonds does not affect the debt capacity of the City of Brooklyn Center. Community Housing Development Corporation, the new owners of The Ponds, took ownership of the 112 unit townhouse project in January of 1994. The name of The Ponds has now formally been changed to Unity Place. The project remains a project -based Section 8 development with 100% of the units receiving rent subsidies through a contract with the Minnesota Housing Finance Agency (MHFA) and the Department of Housing and Urban Development (HUD). As expressed in the 1993 revenue bond proposal for this project, the new owners are in the process of converting the project to a leasehold cooperative. The creation of the leasehold cooperative was part of the original plan proposed by Community Housing Development Corporation when they requested revenue bonds for the project. The leasehold cooperative approach to rental housing provides that the cooperative association and board are comprised of residents of the project and that the members of the cooperative can materially participate in the management of the property including establishing budgets, screening prospective tenants, hiring and supervising a management agent and other day -to -day management functions. The cooperative's participation in the management of the project is regulated by a lease between the owner and the cooperative. There is recourse for the owner, and if the cooperative defaults on the lease the • cooperative association can be dissolved. Under state law, a leasehold cooperative also becomes eligible for the homestead tax classification, contingent upon the City Council making certain findings regarding the project. The owner of Unity Place has requested the homestead designation, contingent upon the City Council holding a public Request For Council Consideration Page 2 • hearing and making certain findings regarding the project. The findings the City Council must make in order to qualify the project for homestead classification are as follows: 1. The granting of homestead treatment of the Unity Place units will facilitate safe, clean, affordable housing for the cooperative members that would otherwise not be available absent the homestead designation. 2. The owner has presented information satisfactory to the Council showing that the savings garnered from the homestead designation of the units will be used to reduce tenants' rents or provide a level of furnishing or maintenance not possible absent the designation. 3. The cooperative has a lease for occupancy of Unity Place for a term of at least 20 years, which permits the cooperative, while not in default, to participate materially in the management of Unity Place, including material participation in establishing budgets, setting rent levels, and hiring and supervising a management agent. 4. A minimum of 40% of the cooperative members have incomes at or less than 60% of area median gross income, as determined by the United States Secretary of Housing and Urban Development under Section 142(d)(2)(B) of the Internal Revenue Code of 1986, as amended through December 31, 1991. For purposes of this finding, member income means the income • of a member existing at the time the member becomes a member of the cooperative. 5. The owner of Unity Place has received public financing from the City of Brooklyn Center, which issued multi- family housing revenue bonds on or about December 1, 1993, which bonds are exempt from taxes under Section 103 of the Internal Revenue Code of 1986, as amended through December 31, 1991, the proceeds of which were used for the acquisition of Unity Place. The owner of Unity Place is receiving revenues pursuant to Section 8 of the United States Housing Act of 1937. The resolution before the City Council would authorize a public hearing to be held on September 12, 1994, regarding the findings listed above. If the above findings are made after holding the public hearing, Unity Place would become eligible for homestead classification. Prior to the public hearing on September 12, 1994, the owners of Unity Place will be submitting information to the City so that the Brooklyn Center City Council can make a determination on the required findings. Also, the owner and members of 'the cooperative board will be present at the September 12 public hearing. A staff report will also accompany the information presented by the owner regarding the findings. • Recommended City Council Action: Staff recommends approval of the Resolution Calling for a Public Hearing Relative to the Treatment of Unity Place (Formerly "The Ponds ") as a Leasehold Cooperative. 1Q Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CALLING FOR A PUBLIC HEARING RELATIVE TO THE TREATMENT OF UNITY PLACE (FORMERLY "THE PONDS ") AS A LEASEHOLD COOPERATIVE WHEREAS, Community Housing Development Corporation (CHDC), a Minnesota nonprofit corporation, is owner of the 112 unit townhouse project called Unity Place (formerly "The Ponds "), located at 5300 to 5448 Ponds Drive North and 7225 to 7274 Unity Avenue North, Brooklyn Center, Minnesota; and WHEREAS, the Community Housing Development Corporation and the cooperative at Unity Place desire to qualify The Ponds as a leasehold cooperative, pursuant to Minnesota Statutes Section 273.124, Subd. 6, which requires approval of the cooperative by the City of Brooklyn Center so that homestead treatment may be claimed by the cooperative for dwelling units occupied by cooperative members; and WHEREAS, the Community Housing Development Corporation and the cooperative at Unity Place has requested the City Council of the City of Brooklyn Center to hold a public hearing and make certain findings regarding the treatment of Unity Place as a leasehold cooperative. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Brooklyn Center City Council hereby authorizes a public hearing to be held on September 12, 1994, at 7:00 p.m. in the Brooklyn Center City Hall Council Chambers to consider certain findings relative to the treatment of Unity Place (formerly "The Ponds ") as a leasehold cooperative. BE IT FURTHER RESOLVED the City Manager is hereby authorized and directed to publish the attached Notice of Public Hearing in the City's legal newspaper on August 17, 1994. Date Todd Paulson, Mayor ATTEST: Deputy Clerk RESOLUTION NO. The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 0 CITY OF BROOKLYN CENTER NOTICE OF PUBLIC HEARING RELATIVE TO THE TREATMENT OF UNITY PLACE (FORMERLY "THE PONDS ") AS A LEASEHOLD COOPERATIVE NOTICE IS HEREBY GIVEN that the City Council of the City of Brooklyn Center will hold a public hearing on September 12, 1994, at 7:00 p.m. at the Brooklyn Center City Hall, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota, pursuant to Minnesota Statutes Section 273.124, Subd. 6, regarding the treatment of Unity Place (formerly "The Ponds "), located at 5300 to 5448 Ponds Drive North and 7225 to 7274 Unity Avenue North, Brooklyn Center, Minnesota, as a leasehold cooperative. ALL PERSONS DESIRING TO BE HEARD should appear at the time and place referenced above. (Published in the Brooklyn Center Sun -Post on August 17, 1994) Council Meeting Date 8/8/94 City of Brooklyn Center Agenda Item Number Ar 4E� Request For Council Consideration Item Description: Resolution Authorizing the Mayor and City Manager to Enter into a Joint and Cooperative Agreement for the Formation and Administration of the Hennepin -Anoka Suburban Drug Task Force for 1995 Department Approval: Gerald G. Splinter, City Manager Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Pass A Resolution Authorizing the Mayor and City Manager to Enter into a Joint and Cooperative Agreement for the Formation and Administration of the Hennepin -Anoka Suburban Drug Task Force • for 1995. Summary Explanation: (supporting documentation attached Yes ) In 1990, Brooklyn Center entered into a joint powers agreement with Brooklyn Park, Maple Grove, and Coon Rapids for a Drug Task Force. This agreement was for a three -year period. In 1993, the cities entered into a new joint powers agreement which added the City of Anoka. This agreement is renewable annually. A copy of the 1995 agreement is attached for the City Council's review. This agreement must be approved by the governing board of each of the participating cities, and the Drug Task Force must submit its application for a grant to the Federal government prior to August 29, 1994. Brooklyn Center's financial commitment for 1995 is included in the police department's 1995 budget request. • M E M O R A N D U M Date July 27, 1994 To Hennepin -Anoka Drug Task Force Member Agencies From Greg Roehl Drug Task Force Subject: Joint Powers Agreement for 1995 ------------------------------------------------------------------- The grant awards for 1995 for the drug task forces will be made on August 29, 1994. Each member agency must enter into a joint powers agreement. Please have your city council take the appropriate action to execute the attached agreement. The agreement is the same as the one presently in effect. The only change is in the dollar amount of the cash match, and the effective dates. The increase in the cash match is under $100 per share. Once executed and signed, return a copy with original signatures to be kept on file at the task force office. JOINT AND COOPERATIVE AGREEMENT FOR THE FORMATION AND ADMINISTRATION OF THE HENNEPIN -ANOKA SUBURBAN DRUG TASK FORCE I. PARTIES The parties of this agreement are political subdivisions of the State of Minnesota. This agreement is :Wade pursuant to Minnesota Statutes Section 471.59, as amended. II. GENERAL PURPOSE The parties hereto find that drug abuse, and related criminal activities, have increased significantly within their communities in recent years. The completion and opening of the Highway 610 bridge over the Mississippi River has provided a corridor for drug trafficking between the parties. The nature of drug law enforcement does not lend itself to jurisdictional boundaries, and the individual parties hereto suffer from resource shortages which make effective, organized drug enforcement difficult on a jurisdiction by jurisdiction basis. The general purpose of this agreement is to provide coordination and joint enforcement within the parties of controlled substance violations as defined in federal, state and local statutes. III. NAME The joint enforcement project shall be known as the Hennepin - Anoka Suburban Drug Task Force. IV. MEMBERSHIP The parties to this agreement shall be the cities of Anoka, Brooklyn Center, Brooklyn Park, Coon Rapids and Maple Grove. All parties shall execute a copy of this agreement and conform to all provisions herein. V. ADMINISTRATION A Task Force Advisor Board cons of t l Y g he Chief of Police or his or her designee from each party, the coordinator, and a prosecuting attorney each from Anoka and Hennepin Counties shall have overall responsibility for administration of the project. The City of Brooklyn Park will provide the day to day administration through a line supervisor assigned full time to the task force. The Task Force Advisory Board shall hold meetings as determined to be necessary by the members of the board. The Advisory Board members which have voting authority will be the Chief of Police or his or her designee from each party. The coordinator and prosecuting attorneys will serve in an advisory capacity and have no voting authority. The Advisory Board members will have a vote which is weighted in proportion to the number of officers committed to the task force as follows: Brooklyn Park 3 votes Coon Rapids 3 votes Anoka 1 vote Brooklyn Center 1 vote Maple Grove 1 vote In any issue requiring a vote of the advisory board, a quorum of four voting members must be present to vote. In order for a !<<otion to pass, a majority vote shall consist of at least five votes. The Advisory Board shall elect a chair to conduct board meetings and serve as liaison between the parties, the coordinator, and the board. VI. OPERATION Section 1. The Task Force shall consist of nine full -time peace officers P.O.S.T. licensed to practice law enforcement as defined in Minnesota Statutes, Chapter 626. The officers will be assigned to the task force by the parties as follows: Brooklyn Park 1- Sergeant, 2- Officers Coon Rapids 3- Officers Anoka 1- Officer Brooklyn Center 1- Officer Maple Grove 1- Officer Section 2. Chain of Command. The Task Force coordinator shall be the supervisor of the Task Force and will be the Sergeant assigned to the Task Force from Brooklyn Park. The coordinator shall serve at the pleasure of the Advisory Board and may be removed by a majority vote of the board. The coordinator reports directly to the advisory board. The officers assigned to the Task Force report to the coordinator. Section 3. Clerical. The Task Force may hire clerical support for the task force from the grant budget. Section 4. Equipment. Equipment purchased by the Advisory Board during the grant period for Task Force usage shall be divided amongst the parties by the advisory board at the end of the grant period if this agreement is not renewed. Upon a mutually agreed dissolution of this Task Force, all equipment owned by the task force will be distributed between the parties as decided by Advisory visor Board. Parties ies are expected to also utilize their own equipment such as body transmitters and surveillance vans on an as needed basis. Section 5. Facilities. Each Task Force member will work out of a centrally located office furnished and maintained by the Task Force as provided in the annual grant budget. Section 6. Purchase of Evidence /Information. The Task Force coordinator will maintain an accounting of all confidential funds utilized for the purchase of evidence and information and to pay investigative expenses incurred by the Task Force. Each Task Force officer will fill out a "Confidential Funds Receipt" when obtaining advances of confidential funds from the coordinator. Upon expenditure of confidential funds by a Task Force officer, a "Payment for Evidence and Information" form will be completed by the officer making the expenditure and this form will be forwarded in a timely fashion to the coordinator. The coordinator will maintain a master expenditure log for all Task Force officers. Each individual officer will maintain an individual expenditure log for confidential funds. The coordinator will audit the confidential funds on a regular basis and will file the necessary quarterly report with the Office of Drug Policy of the Minnesota Department of Public Safety. Any evidence obtained or seized by the Task Force will be maintained in the department property room of the officer assigned as the case agent. Section 7. Supplies. Office supplies will be provided by the Task Force under the grant budget. Any supplies not itemized in the annual budget will be provided by the officer's agency. •Operating supplies such as vehicle fuel and vehicle maintenance will be the responsibility of the officer's agency. Section s. Sworn Personnel. Each party is providing licensed peace officers under the conditions outlined herein. Wages and benefits for these officers will be absorbed by the officer's employing agency during the grant period. Wage and benefit reimbursement, to include overtime costs, may be reimbursed through the grant as approved by the Advisory Board. An officer assigned to the Task Force by a party may be removed from the Task Force through a majority vote of the Advisory Board. The party shall then appoint a suitable replacement for the removed officer. Peace officers assigned to the Task Force shall be equipped by their employing parties with appropriate police credentials and suitable firearms. The employing party will be responsible for providing any P.O.S.T. required training to their officers assigned to the Task Force. Tho Advisory Board may direct additional, specialized training to be paid through the grant budget. Section 9. Vehicles. The Task Force shall lease or purchase one vehicle for each officer_ assigned to the Task Force. Each party will be responsible for fuel, insurance, and maintenance costs incurred by the vehicle leased or purchased for them. Upon termination of this agreement, the vehicles will either be absorbed - rbed by the parties, returned to the leasing agency, or sold. VII. TASKS Section 1. The primary function and responsibility of the Task Force is to detect, investigate, gather evidence, and apprehend drug traffickers within the geographic area of the parties. As a result of the nature of covert undercover operations it is anticipated that undercover operatives may detect or become aware of other crimes. The Task Force will continue to pursue those avenues of investigation only upon recommendation of the Task Force coordinator and by permission of the Chief of Police of the particular party involved. Section 2. It is the mission priority of this unit to investigate drug wholesalers (those individuals that bring drugs into the task force area),.street level drug distributors, those persons involved in the clandestine laboratory manufacturing of illicit drugs, and individuals who attempt to acquire pharmaceutical drugs in violation of - the provisions of Minnesota Statutes, Chapter 152. Section 3. A function of the Task Force will be to gather and to disseminate controlled substance intelligence information. The Task Force will maintain an ongoing intelligence filing system. The Task Force will attempt to investigate those leads, maintain on file that information, and upon request disseminate that information to the parties hereto. Section 4. With permission of the Task Force coordinator, the Task Force will provide training to member parties requesting that service. Requests for community drug education and drug awareness will be provided only upon permission of the Task Force coordinator and the police department of that particular party. Section 5. Public announcements concerning the function of the Task Force will be made only by per of the Advisory Board in conjunction with the parties to this agreement and by approval of the Chief of Police of the party in which that release is to be made. Section 6. Public announcements concerning arrests or investigations conducted by the Task Force will be made by the Chief of Police of that party or his or her designee where that arrest was made and upon approval of the Task Force coordinator. News releases concerning the Task Force's function, investigations, and /or arrests will not be made by any Task Force officer unless specifically requested by the Chief of Police with permission of the Task Force coordinator or the Advisory Board. VIII. Financial Matters Section 1. The fiscal year of the Task Force shall be the calendar year. Section 2. The Finance Department of the City of Brooklyn Park will be responsible for the administration of all funds coming under the direct supervision of the Task Force whether Federal grant funds, contributions of the parties or seized assets pending forfeiture. Section 3. The Task Force Advisory Board shall direct the coordinator to prepare an annual grant application including proposed budget which will be submitted to the parties on or before the first day of August. The Advisory Board shall submit the approved grant application and budget to the Office of Drug Policy by the deadline established by the Office of Drug Policy. Section 4. Funding shall be in the form of a matching grant from the Federal government. The contributions of the parties shall be at least 25% of the total budget of $190,201. An individual party's financial contribution shall be proportioned to the number of officers committed to the task force as follows: Brooklyn Park $15,856.00 (1/3) Coon Rapids $15,850.00 (1/3) Anoka $ 5,283.33 (1/9) Brooklyn Center $ 5,283.33 (1/9) Maple Grove $ 5,283.33 (1/9) Section 5. Any assets seized by the Task Force and awarded to the Task Force through administrative of judicial proceedings, shall be distributed to the parties on a periodic basis as determined by the board. The formula for distribution of these assets shall be proportioned as follows: Brooklyn Park 33.33% Coon Rapids 33.33% Anoka 11.11% Brooklyn Center 11.11% Maple Grove 11.11% Section 6. The coordinator, upon direction and approval of the Advisory Board, is authorized to sign and enter into contracts on behalf of the Task Force as may be necessary. IX. DEPUTATION Officers assigned to the Task Force, while performing their assigned duties as Task Force officers in a member city other than their own jurisdiction, shall have the same powers, duties, privileges and immunities as conferred upon them by their own jurisdiction. The authority granted hereunder does not constitute employment by the Task Force or by the member city in which the duty or duties are being performed. Any worker's compensation claim or work related injury that may cccur as a result of working with the task force shall be the sole responsibility of the officers home jurisdiction. Further, the authority granted hereunder extends only so far as may be necessary to complete the duties assigned to the officers, and terminates.at the expiration of this agreement and any extension thereof. X. INSURANCE The Task Force shall purchase insurance to provide liability and property damage coverage in the amount determined by the Advisory Board. In no event will the insurance coverage be less than the League of Minnesota Cities Insurance Trust standard liability coverage. The insurance shall provide coverage for all authorized Task Force operations by Task Force members. XI. DURATION Section 1. The Task Force shall commence operations on January 1, 1995 and continue through December 31, 1995. The task force may then be renewed on a year to year basis through the execution of a new agreement. DATED: CITY OF ANOKA By Its BY Its DATED: CITY OF BROOKLYN CENTER By Its By Its DATED:_ CITY OF BROOKLYN PARK By Its By Its DATED: CITY OF COON RAPIDS By Its By Its DATED: CITY OF MAPLE GROVE By Its By Its Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO A JOINT AND COOPERATIVE AGREEMENT FOR THE FORMATION AND ADMINISTRATION OF THE HENNEPIN -ANOKA SUBURBAN DRUG TASK FORCE FOR 1995 WHEREAS, the City believes drug abuse and related criminal activities are an important law enforcement problem to be addressed within the community; and WHEREAS, the nature of drug law enforcement does not lend itself to jurisdictional boundaries; and WHEREAS, the City recognizes resource shortages which make effective, organized drug enforcement difficult on a jurisdiction-by-jurisdiction basis; and WHEREAS, the City of Brooklyn Center deems this joint powers agreement to be desirable and within 1995 budget requests. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to authorize the Mayor and City Manager to enter into a joint and cooperative agreement for the formation and administration of the Hennepin -Anoka Suburban Drug Task Force. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Council Meeting Date 08/08/94 City of Brooklyn Center Agenda Item Numbe Description: Item Descri P Request For Council Consideration • Resolution Approving Purchase Agreement For Improvement Project No. 1993 -18 (MTC Park and Ride) Department Approval: Diane Spector, Director f blic Services Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Approve a resolution ratifying the purchase agreement. • Summary Explanation: (supporting documentation attached ) Evergreen Land Services has negotiated a purchase agreement with the property owners of the four plex at 4006 65th Avenue North, Greg and Diane Olson. This agreement is based on a purchase price of $135,000. The value of the property as estimated by the City's appraiser is $122,000. While the negotiated price is greater than the appraised value, the property owners are willing to settle for this amount rather than go to condemnation. It is staff's recommendation that the Council ratify the agreement. The date of closing has not yet been established; one tenant is unsure as to a moving date. The City Attorney is working with Evergreen, Conworth, Inc., and Public Services staff to review and finalize all details. Previous Council Action The Council on March 14, 1994, approved a resolution which provided for the negotiated purchase of real property for projects 1992 -29 and 1993 -18. This resolution authorized the City Manager to negotiate with the owners of the properties to be acquired for this project, and directed him to offer to the owners the amount determined by appraisal and review appraisal. Such purchase agreements are subject to approval and ratification by the City Council. �v F 0 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING PURCHASE AGREEMENT FOR IMPROVEMENT PROJECT NO. 1993 -18 (MTC PARK AND RIDE) WHEREAS, by Resolution No. 93 -105 adopted on June 28, 1993, the City Council ordered the construction of a storm water pond in the southwest quadrant of I94 and Brooklyn Boulevard, Improvement Project No. 1992 -29; and WHEREAS, by Resolution 93 -188 adopted on October 25, 1993, the City Council ordered construction of a Park and Ride Facility on behalf of Metropolitan Transit Commission, on the northwest corner of Brooklyn Boulevard and 65th Avenue North; and WHEREAS, by Resolution No. 94 -53 adopted on March 14, 1994, the City Council authorized the City Manger to negotiate the purchase of these properties, and directed the City Manager to offer to the property owners the amount determined by appraisal and review appraisal; and WHEREAS, the owners of the property at 4006 65th Avenue have agreed to accept a purchase price greater than the amount of the appraisal, and staff recommend the execution of a purchase agreement to that effect. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. The terms of the purchase agreement are hereby approved. 2. The City Manager is directed to proceed with the purchase of the property at 4006 - 65th Avenue North. 3. The City Manager and Mayor are authorized to execute the purchase agreement. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the followin g g voted against the same: whereupon said resolution was declared duly passed and adopted. Council Meeting Date 08/08/94 3 City of Brooklyn Center Agenda Item Number Request For Council Consideration Item Description: RESOLUTION REJECTING BIDS RECEIVED FOR IMPROVEMENT PROJECT NO. 1994 -25, PEDESTRIAN BRIDGE REPAIRS AT GARDEN CITY PARK AND AT COUNTY ROAD 10 AND SHINGLE CREEK PARKWAY Department Approval: Mart J. Malone , . Engineer Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: A resolution which rejects all bids for Improvement Project No. 1994 -25 is attached for consideration. • Summary Explanation: (supporting documentation attached ) On August 3, 1994, bids were received for Shingle Creek Bridge Repairs at Garden City Park and at County Road 10 and Shingle Creek Parkway, Improvement Project No. 1994 -25, with the results as follows: Bidder Bid Amount C. S. McCrossan $ 75,413.25 Jay Bros. , Inc. $ 80,124.50 ABHE & Svoboda, Inc. $156,810.00 The Engineer's Estimate for these improvements as reported to the Council at the June 13, 1994 meeting was $65,000.00. While two of the three bids submitted appear somewhat competitive, they substantially exceed the Engineer's Estimate. The estimate was prepared with the benefit of a recent, similar project (Pedestrian Bridge Repairs at the Golf Course), therefore we attribute the apparent increase in costs due to biddin g when this work at a time wh most contractors are busiest. Because the relative nature of this project is maintenance (as opposed to emergency), we recommend rejecting bids submitted, and rebidding this work late this winter for completion in Spring of 1995. • /o Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REJECTING BIDS RECEIVED FOR IMPROVEMENT PROJECT NO. 1994 -25, PEDESTRIAN BRIDGE REPAIRS AT GARDEN CITY PARK AND AT COUNTY ROAD 10 AND SHINGLE CREEK PARKWAY WHEREAS, pursuant to Resolution No. 94 -114 the following bids were received and opened on August 3, 1994, for Shingle Creek Pedestrian Bridge Repairs at Garden City Park and at County Road 10, Improvement Project No. 1994 -25: Bidder Bid Amount C. S. McCrossan $ 75,413.25 Jay Bros., Inc. $ 80,124.50 ABHE & Svoboda, Inc. $156,810.00 WHEREAS, all bids exceed the Engineer's Estimate of $65,000, which had previously been reported to the City Council; and WHEREAS, the City Engineer has recommended that the bids received on August 3, 1994, for Improvement Project No. 1994 -25 be rejected. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. All bids received and opened on August 3, 1994 are hereby rejected. 2. The Deputy City Clerk is hereby directed to return to all the bidders the deposits made with their bids. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Council Meeting Date 08/08194 3 City of Brooklyn Center Agenda Item Number Description: Item Descri P Request For Council Consideration • RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR IMPROVEMENT PROJECT NO. 1994 -20, WATERMAIN REPAIR AT I -94 AND DUPONT AVENUE NORTH (CONTRACT 1994 -K) Department Approval: Mark J. Malone Engineer Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: A resolution which accepts the low bid and awards a contract to CCS Contracting of New Brighton, • Minnesota, is attached for consideration. Summary Explanation: (supporting documentation attached ) Bids for Contract 1994 -K were received on August 3, 1994. The work in this contract consists of the repair of various fittings and adapters on a 24" watermain along the southerly edge of I -94, near the Dupont Avenue bridge. Bidder Bid Amount CCS Contracting $ 41,675.00 Thomas & Sons Construction, Inc. $ 82,480.00 Lumbar Mechanical, Inc. $142,800.00 Of the 3 bids received, the lowest bid of $41,675.00 was submitted by CCS Contracting of New Brighton, Minnesota. The Engineer's Estimate at the time of the bid opening was $60,000.00. CCS Contracting has previous experience in performing similar projects for a number of metro area cities and agencies, and a check of their references indicates that they have the resources available to perform the work required of this contract. Accordingly, staff recommends acceptance of the low bid and award of the contract to CCS Contracting of New Brighton, Minnesota. • t /0h Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING -CONTRACT FOR IMPROVEMENT PROJECT NO. 1994 -20, WATERiIMAIN REPAIR AT I -94 AND AND DUPONT AVENUE NORTH (CONTRACT 1994 -K) WHEREAS, pursuant to an advertisement for bids for Improvement Project No. 1994 -20, bids were received, opened, and tabulated by the City Clerk and Engineer, on the 3rd day of August, 1994. Said bids were as follows: Bidder Bid Amount CCS Contracting $ 41,675.00 Thomas & Sons Construction, Inc. $ 82,480.00 Lumbar Mechanical, Inc. $142,800.00 WHEREAS, it appears that CCS Contracting of New Brighton, 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 CCS Contracting of New Brighton, Minnesota in the name of the City of Brooklyn Center, for Improvement Project No. 1994- 20 according to the plans and specifications therefor approved by the City Council and on file in the office of the City Clerk. 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 has been signed. 3. The estimated project costs are as follows: As Amended Per As Established Low Bid Contract $ 60,000.00 $41,675.00 Contingency 9.000.00 6.252.00 Subtotal Construction $ 69,000.00 $47,927.00 RESOLUTION NO. Staff Engineering (10 %) 6,900.00 4,793.00 Admin. & Legal (3 %) 2,070.00 1.438.00 Total Est. Project Cost $ 77,970.00 $54,158.00 Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded b e p g g y y 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. Council Meeting Date 08/08/94 3 City of Brooklyn Center Agenda Item Number 41 tion: Item Descri Request For Council Consideration p RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1994 -26, PLAYGROUND EQUIPMENT REPLACEMENT AT LIONS, ORCHARD LANE AND FIREHOUSE PARK, MAKING AN APPROPRIATION, APPROVING PLANS AND SPECIFICATIONS, AND AUTHORIZING ADVERTISEMENT FOR BIDS Department Approval: Mark J. Malone ty Engineer Manager's Review /Recommendation: 0A. -- No comments to supplement this report Comments below /attached Recommended City Council Action: • A resolution which establishes the project, approves plans and specifications, and authorizes advertisement for bids is attached for consideration. Summary Explanation: (supporting documentation attached Yes ) The Capital Improvement Program for 1994 includes playground equipment upgrades for Willow Lane, Lions, Orchard Lane, and Firehouse Parks. In addition, the completion of the surfacing for the equipment at Central Park was carried over from last year, and is planned for this year. Because of the coordination with ISD #279 that was necessary for improvements at Willow Lane Park, and the need to work with a consultant, that project was handled separately and is currently under construction. The remaining playground improvements are being combined into one project, with a total budget of $130,000. Staff proposes to use the same methodology for Lions, Orchard Lane and Firehouse parks as was (successfully) utilized for the Willow Lane project. Namely, after input from the Park and Recreation Commission, the contract documents identified acceptable types of equipment, minimum functional requirements and budget constraints, but to a great extent, left the specifics of design and layout up to the bidders. Prior to the release of the bid documents, staff will be meeting with resident representatives of the affected neighborhoods to "fine- tune" the minimum specifications and identify acceptable color combinations. Because time is running out for improvements yet this construction season, it is imperative that the • advertising and bidding process begin as soon as possible. As noted, staff will be working to obtain citizen input prior to the release of the bidding documents. At this time, considering the bidding process, delivery of selected equipment and actual construction, we hope to have the improvements in these parks completed by mid - November. /0• Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1994 -26, PLAYGROUND EQUIPMENT REPLACEMENT AT LIONS, ORCHARD LANE AND FIREHOUSE PARK, MAKING AN APPROPRIATION, APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS WHEREAS, the Park and Recreation Commission has recommended, and the Capital Improvement Program includes the replacement of playground equipment at various locations in the City for the year 1994; and WHEREAS, the City Engineer has developed plans and specifications for the replacement of playground equipment at Lions, Orchard Lane and Firehouse Parks. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. Improvement Project No. 1994 -26, Playground Equipment Replacement at Lions, Orchard Lane and Firehouse Parks, is hereby established. 2. Plans and specifications for Improvement Project No. 1994 -26 are hereby approved. 3. Costs for Improvement Project No. 1994 -26 shall be funded by the Capital Improvements Fund. 4. The Deputy City Clerk shall prepare and cause to be inserted in the official newspaper and in the Construction Bulletin an advertisement for bids for the making of such improvement in accordance with the approved plans and specifications. The advertisement shall be published in accordance with Minnesota Statutes, shall specify the work to be done and shall state the time and location at which bids will be opened by the Deputy City Clerk and the City Manager or their designees. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Deputy City Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the City Clerk for 5 percent of the amount of such bid. RESOLUTION NO. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Q FIKF utsstulvrt GIYY GE ERJG�EY `— --- / •. '55155 ' fj B E �] ._.� � rC� � C���O� CAL•. -1��� is V a o _. J a T /— w ui CD U CL s�f� f m �� = ! r l� li _ g I ..�-. I it 1 8E wq U �� szr o I I CD � � � �� �� u _ rx x,• zizsiuzr _r ?:xzzxx %x zzzizxzxxzizxzx!rxx sizi ?zz'xux -- --- z ±---- zxzz3 -- +azxxxs!xzzz_zs F .,. - � !r �O�• E � I <Z I t' 6 II I Fit � Fs E r7�i @ F �ii y 6tivl�IFt� ] iiYily Ff! iii p � E� p t t i t i a ppEtt +yyy�iii —' i1l3�i91U��ltvi3l! is��lilp�1ii1i@ t �l FF�t������4�ti�ii��r�Sli9l al FF rtti��9iliIR F @3�II�I�rr��a�ei�Eoe NA7A00 b8 ��0 A Council Meeting Date 08/08/94 31 City of Brooklyn Center Agenda Item Number �o / Request For Council Consideration �C Item Description: RESOLUTION ESTABLISHING PROJECT, APPROVING PLANS AND SPECIFICATIONS, DIRECTING ADVERTISEMENT FOR BIDS AND APPROPRIATING FUNDS FOR ADA TRAIL, CURB CUT, AND PEDESTRIAN RAMP IMPROVEMENTS (IMPROVEMENT PROJECT NO. 1994 -15) AND 1994 SIDEWALK REPLACEMENT - MISCELLANEOUS LOCATIONS (IMPROVEMENT PROJECT NO. 1994 -23), CONTRACT 1994 -M Department Approval: Mark J. Ma oney, ft Engineer Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: • A resolution which establishes the above projects, approves plans and specifications, and directs PP P P advertisement for bids for Contract 1994 -M is provided for consideration. Summary Explanation: (supporting documentation attached Yes ) The City Engineer has prepared plans and specifications for projects listed below. It is recommended that these projects be combined for the purposes of contract administration. Please refer to the attached map for project locations. ADA Trail, Curb Cut, and Pedestrian Ramp Improvements, Improvement Project No. 1994 -15 This proposed project consists of making trail and pedestrian ramp improvements in various City parks for the purpose of compliance with the Americans With Disabilities Act (ADA). This work was recommended in Julie Quarve- Peterson's Accessibility Evaluation for the City. Specifically, this work will involve the reconstruction of pedestrian ramps on the north side of 63rd Avenue and paved trails which will connect various recreation facilities with parking areas, existing trail systems, pedestrian ramps and other park structures. The total estimated project cost for this improvement, including contingency, legal, administration and engineering is $63,170. It is proposed that the funding for this improvement be provided by the Capital Projects Fund. • Replacement of Sidewalks, Miscellaneous Locations, Improvement Project No. 1994 -23 This proposed project consists of the replacement of defective sidewalk & median panels at various locations city -wide. For the last few years, the Public Works Department has annually inspected and Request For Council Consideration Page 2 inventoried locations throughout the City where sidewalk panels have created a hazard for either pedestrians or sidewalk plowing personnel and concrete median which has disintegrated over the years. The total estimated project cost for this improvement, including contingency, legal, administration and engineering is $14,700. It is proposed that the funding for this improvement be provided by the Local State Aid Fund, Account No. 2911. It is recommended that all of the above described improvements be combined in a single contract for the purposes of bidding and contract administration. The estimated construction cost for the above improvements is $59,900. The total estimated project cost for Contract 1994 -M, which includes contingencies, legal, administration and engineering, is $77,870. e • J Member introduced the following resolution and i s moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING PROJECT, APPROVING PLANS AND SPECIFICATIONS, DIRECTING ADVERTISEMENT FOR BIDS AND APPROPRIATING FUNDS FOR ADA TRAIL, CURB CUT, AND PEDESTRIAN RAMP IMPROVEMENTS (IMPROVEMENT PROJECT NO. 1994 -15) AND 1994 SIDEWALK REPLACEMENT - MISCELLANEOUS LOCATIONS (IMPROVEMENT PROJECT NO. 1994 -23), CONTRACT 1994 -M WHEREAS, the City Engineer has reported to the City Council of the need for the above listed improvements at various locations within the City; and WHEREAS, the City Engineer has recommended that Improvement Project Nos. 1994 -15 and 1994 -23 be combined into Contract 1994 -M for the purpose of administration and bidding. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. Improvement Project No. 1994 -15, ADA Trail, Curb Cut and Pedestrian Ramp Improvements is hereby established in accordance with the following schedule: Contract $48,600.00 Contingency (15 %) 7,300.00 Subtotal Construction $55,900.00 Admin. , Legal, En 13 % g g ( ) 7,270.00 Total Est. Cost Improvement Project 1994 -15 $63,170.00 2. Improvement Project No. 1994 -23, Replacement of Defective Sidewalks in Miscellaneous Locations is hereby established in accordance with the following schedule. RESOLUTION NO. Contract $11,300.00 Contingency (15 %) 1,700.00 Subtotal Construction $13,00.00 Legal, Admin. , Eng. (13%) 1,700.00 Total Est. Cost Improvement Project 1994 -23 $14,700.00 3. All costs for Improvement Project No. 1994 -15 shall be financed by the Capital Projects Fund. 4. All costs for Improvement Project No. 1994 -23 shall be financed by the Local State Aid Fund, Account No. 2911. 5. The Deputy City Clerk shall prepare and cause to be inserted in the official newspaper and in the Construction Bulletin an advertisement for bids for the making of such improvement in accordance with the approved plans and specifications. The advertisement shall be published in accordance with Minnesota Statutes, shall specify the work to be done and 0 shall state the time and location at which bids will be opened by the Deputy City Clerk and the City Manager or their designees. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Deputy City Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the City Clerk for 5 percent of the amount of such bid. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. wJ �_— ❑: _ Cr7N�F n w PARK ` iUl U , PAL LAKE . . . . . . . . . . . . . . . . llu ❑ , I L 94 �, � � �� y�� . ❑❑ � �, , _ �, M.K. L ]F� LOCAL STREET INDEX AOU H"I �❑� I � � � `����'�'� . � J�l!�LJiJI_l�+ � .K. �� � F\ �� = � C� d ie + S � i . n ❑❑ �'. ' L � �-� � mar i UlEi DO,; L .k3 aaoo o i � LZ � r�- ;� _ � 'TRROOKLYN ❑ CENTER U nm C� L4AZ DENOTES LOCATION OF WORK IMPROVEMENT PROJECT 1994-15 & 1994-23 Council Meeting Date 08/08/94 3 City of Brooklyn Center Agenda Item Number K is Item Descri tion: Request For Council Consideration P RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES Department Approval: Di pector, Direct r of Public Services Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: It is recommended the Council adopt the attached resolution. • Summary Explanation: (supporting documentation attached ) 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. • lox 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 08/08/94 ) 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 ---------------------- -- - - -- ---------------- ------- - - - --- -- - - - - -- CITY OF B.C. EVERGREEN PARK 100 JANE NESS 2800 53RD AVE N 101 TIM & LYNN OLSON 5123 XERXES AVE N 102 DEAN & JOANN HARRIS 5836 UPTON AVE N 103 CHARLES & HAZEL RATH 4953 ZENITH AVE N 104 LARRY GARVIS 6530 CHOWEN AVE N 105 DARRIN & SARAH PALM 4206 66TH AVE N 106 JOHN JONES 6925 REGENT AVE N 107 JAMES & MARGARET BUCSKO 3600 61ST AVE N 108 JOSEPH & LOREE DIRCZ 3701 COMMODORE DR 109 ROBERT NESTVOLD 5825 PEARSON DR 110 ROBERT NESTVOLD 5825 PEARSON DR 111 CARL & BEATRICE NEMEC 5801 IRVING AVE N 112 ELOF & MYRLE LARSON 6712 5TH ST N 95 HARRY & LISA RATLIFF 7226 DALLAS RD 96 TERRY & JOAN PRECHT 7101 FREMONT AVE N 97 CITY OF B.C. EVERGREEN PARK 98 CITY OF B.C. EVERGREEN PARK 99 RESOLUTION NO. 2. After twenty (20) days from the date of the notice, the property owner(s) will receive a second written notice providing five (5) business days in which to contest the determination of the City Council by requesting, in writing, a hearing. Said request shall be filed with the City Clerk. 3. After five (5) days, if the property owner fails to request a hearing, the tree(s) shall be removed by the City. All removal costs, including legal, financing, and administrative charges, shall be specially assessed against the property. Date Mayor ATTEST: Deputy 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. Council Meeting Date. 8/8/94 City of Brooklyn Center Agenda Item Number Request For Council Consideration Item Description: RESOLUTION AUTHORIZING ACCEPTANCE OF A HIGHWAY SAFETY GRANT IN THE AMOUNT OF $1,000 FROM THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY AND AMENDING THE 1994 GENERAL FUND BUDGET ACCORDINGLY Department Approval: ��iG• Trevor A. Hampton, Chief of Police Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Approve the Resolution authorizing acceptance of a highway safety grant in the amount of $1,000 . from the Minnesota Department of Public Safety and amending the 1994 General Fund Budget accordingly. Summary Explanation: (supporting documentation attached NO ) The Brooklyn Center Police Department participated from February 7 to May 31, 1994 in the Minnesota Chiefs' Challenge. The program challenged local law enforcement communities to participate in traffic enforcement activities. These activities ranged from seat belt citation enforcement to providing literature relating to traffic safetv. I am please to inform you that Brooklyn Center Police Department received in their division a first place grant in the amount of $1,000. The grant must be used for traffic enforcement overtime, training, or equipment. It is my recommendation that the $1,000 be used for traffic enforcement overtime. • M4 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING ACCEPTANCE OF A HIGHWAY SAFETY GRANT IN THE AMOUNT OF $1000 FROM THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY AND AMENDING THE 1994 GENERAL FUND BUDGET ACCORDINGLY WHEREAS, the Minnesota Chiefs of Police Association, the Minnesota State Sheriffs' Association, and Operation Buckle Down challenged Minnesota law enforcement communities to participate in a special effort to increase safety belt and child seat use, decrease impaired driving, and increase motorcycle rider safety; and WHEREAS, Brooklyn Center Police Department desired to improve and expand its traffic safety efforts and participated in the Minnesota Chiefs' Challenge from February 7 to May 31, 1994 by implementing traffic safety activities of seat belt and child seat citations and warnings, DWI citations, providing educational material with vehicle stops, hosting a bicycle rodeo, Vince and Larry (crash test dummies) appearances, and many other traffic enforcement activities; and WHEREAS, under the provision of the Highway Safety Act of 1966 (P.L. 89- 563), and all amendments thereto, the Minnesota Department of Public Safety has federal funding available to assist and support local traffic safety programs; and WHEREAS, under the provision of Section 4.075 of Minnesota Statutes political subdivisions may enter into contracts and receive federal funds for traffic safety purposes; and WHEREAS, the Minnesota Department of Public Safety has awarded Brooklyn Center Police Department a $1,000 grant to be used for traffic enforcement overtime, training, or equipment; and WHEREAS, the police department is recommending that the $1,000 grant be used for traffic enforcement overtime: and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, to amend the 1994 General Fund Budget as follows: a. To accept the Highway Safety Grant from the Minnesota Department of Public Safety b. To amend the 1994 General Fund Budget is 1. Increase the estimated revenues for State Grants: $1,000 RESOLUTION NO. 2. Increase the Police Department's appropriation for overtime (4112): $1,000 Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • � Council Meeting Date 8 -8 -94 City of Brooklyn Center Agenda Item Number Request For Council Consideration Item Description: PERFORMANCE BOND RELEASE Department Approval: Ronald A. Warren, Planning and Zoning Specialist Manager's Review/Recommendation: No comments to supplement this report Comments below /attached Summary Explanation: (supplemental sheets attached _) • The following performance guarantee is recommended for release: 50's Grill 5524 Brooklyn Boulevard Planning Commission Application No. 92014 Amount of Guarantee - $800.00 Obligor - Jack Schubert All site improvements related to the 1992 addition to the 50's Grill restaurant have been completed in accordance with the approved plan. Recommendation Total release of this cash guarantee. • Council Meeting Date 8/8/94 3 City of Brooklyn Center Agenda Item Numbe is Item Descri tion: Request For Council Consideration P Licenses Department Approval: Aamy(-46 Sharon Knutson, Deputy City Clerk Manager's Review/Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Approve attached list of licenses. Summary Explanation: (supporting documentation attached Yes ) • • 3 City of Brooklyn Center Licenses to be approved by the City Council on August 8, 1994: AMUSEMENT DEVICES - OPERATOR Davanni's 5937 Summit Drive Q Nickels and Dimes, Inc. 1328 Brookdale Center Q City Clerk 4k AMUSEMENT DEVICES - VENDOR CDL 1317 North Hwy. 169 Mendota Valley Amusement, Inc. 9177 E. Courthouse Blvd. Ct. City Clerk GARBAGE AND REFUSE COLLECTION VEHICLES A �. Woodlake Sanitation Service 9813 Flying Cloud Drive City Clerk aL4- MECHANICAL SYSTEMS Dependable Indoor Air Quality, Inc. 2619 Coon Rapids Blvd. Doody Mechanical, Inc. 520 Front Ave. Northwestern Service, Inc. 791 Hampden Ave. Peterson - Pinney, Inc. 4151 Coon Rapids Blvd. Practical Systems 14226 Norden Drive •A 4" City Clerk ) RENTAL DWELLINGS Initial: Evangelical Lutheran Church Of The Master Brookdale Manor Renewal: Randy McGovern 5830 Admiral Lane Craig Scherber 907 57th Ave. N. Community Development Director TOBACCO RELATED PRODUCT , Freddy's Snacks Plus 6245 Brooklyn Blvd. City Clerk A)/- General Approval: V;t1 Sharon Knutson, Deputy City Clerk I�